Wizcart Marketplace: Terms & Conditions

Effective Date: August 25, 2025

Last Updated: August 25, 2025

Preamble: Legally Binding Agreement

Welcome to Wizcart. These Terms & Conditions, including all documents, policies, and guidelines incorporated by reference (collectively, the "Agreement" or "Terms"), govern your access to and use of the websites, mobile applications, and services (collectively, the "Platform") made available by Wizcart, Inc. and its affiliates ("Wizcart," "we," "us," or "our").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU (HEREINAFTER REFERRED TO AS "YOU" OR "USER") AND WIZCART.

By registering for an account, clicking "Sign Up," "Create Account," "I Agree," or a similar button, or by accessing or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree to all the terms and conditions of this Agreement, you must not access or use the Platform.

If you are using the Platform on behalf of a business, corporation, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In such an event, "you" and "your" will refer to that entity.

This Platform is available only to users who are at least 18 years of age and can form legally binding contracts under applicable law. By using this Platform, you represent and warrant that you meet these eligibility requirements.

Legal Foundation: This "clickwrap" agreement method is designed for enforceability across all operating jurisdictions. In the United States, it is upheld by common law principles established in cases like Specht v. Netscape. In Canada, it aligns with electronic commerce legislation. In India, it satisfies the requirements for a valid contract under the Indian Contract Act, 1872, and is explicitly validated for electronic records by Section 10A of the Information Technology Act, 2000.

1. Description of Service

1.1. Wizcart as a Marketplace: Wizcart is an online service marketplace that connects individuals and businesses seeking professional services ("Customers") with independent professionals and businesses providing those services ("Service Providers"). Wizcart acts as an intermediary to facilitate the formation of contracts, communication, and payments between Customers and Service Providers.

1.2. Wizcart's Role: You acknowledge and agree that Wizcart is not a direct provider of the end services listed on the Platform. Our role is strictly limited to providing the online venue, facilitating payments through our escrow service, and offering related administrative and dispute resolution support. Wizcart earns a commission from Service Providers for the use of the Platform, which is deducted from the payments made by Customers.

1.3. Independent Contractor Status: Service Providers are independent contractors, freelancers, or distinct business entities. They are not employees, partners, joint venturers, or agents of Wizcart. Service Providers are solely responsible for:

* Determining the manner and means by which they perform their services.

* Managing their own employees, agents, or subcontractors, and complying with all applicable labor and employment laws.

* Their own business expenses, taxes, insurance, and professional licensing.

Wizcart does not supervise, direct, or control the work of Service Providers in any manner.

2. User Accounts

2.1. Registration: To use the Platform, both Customers and Service Providers must register for an account ("Account"). You agree to provide true, accurate, current, and complete information during registration and to maintain and promptly update your Account information.

2.2. Account Security: You are solely responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You must notify Wizcart immediately of any unauthorized use of your Account.

2.3. Suspension and Termination: Wizcart reserves the right to suspend or terminate your Account and access to the Platform, without notice, if you breach this Agreement, provide false or misleading information, or engage in conduct that we deem harmful to the Platform, its users, or our business interests.

3. Obligations of Customers

3.1. Accurate Information: You agree to provide accurate, detailed, and complete information in your service requests to enable Service Providers to submit accurate proposals.

3.2. Respectful Interaction: You agree to interact with Service Providers in a professional and respectful manner at all times.

3.3. Payment: You agree to pay for the services you book in accordance with the agreed-upon terms and our financial policies outlined in Section 6.

3.4. Policy Adherence: You agree to abide by Wizcart's Cancellation and Refund Policies, which are incorporated by reference into this Agreement.

4. Obligations of Service Providers

4.1. Accurate Representation: You warrant that all information you provide regarding your skills, qualifications, experience, and the services you offer is true, accurate, and not misleading. You agree to maintain any licenses or certifications required to legally perform your services.

4.2. Professional Conduct: You agree to perform all services in a professional, timely, and workmanlike manner, consistent with industry standards.

4.3. Business Management: You are solely responsible for all aspects of your business operations, including managing any of your own employees or subcontractors used to fulfill services booked via Wizcart. You warrant that you will comply with all applicable labor laws concerning your personnel.

4.4. Legal Compliance: You represent and warrant that you will comply with all applicable local, state, provincial, and federal laws and regulations in the jurisdictions where you operate and provide services. This includes, but is not limited to, laws related to licensing, insurance, taxation, and consumer protection.

4.5. Commission and Policies: You agree to Wizcart's commission structure and to abide by our Cancellation and Refund Policies.

5. Booking and Financial Terms

5.1. Service Contracts: When a Customer accepts a Service Provider's proposal, a legally binding contract (a "Service Contract") is formed directly between that Customer and Service Provider. Wizcart is not a party to any Service Contract.

5.2. Payment Processing: Customers will pay for services through the Platform's payment gateway. Wizcart will hold these funds in an escrow account. Upon completion and acceptance of the service by the Customer (or resolution of a dispute), Wizcart will release the payment to the Service Provider, minus Wizcart's commission.

5.3. Accepted Payment Methods: We accept major credit cards, debit cards, and other payment methods as may be made available on the Platform.

5.4. Taxes:

* Provider Responsibility: Service Providers are responsible for determining their own tax-reporting requirements and for remitting all applicable income, self-employment, and business taxes.

* Wizcart's Role (Indirect Taxes): Wizcart will collect and remit indirect taxes (e.g., sales tax, GST/HST, Service Tax) where legally required as a marketplace facilitator.

* USA: Wizcart will collect and remit state and local sales tax in states where marketplace facilitator laws apply.

* Canada: Wizcart will collect and remit the applicable Goods and Services Tax / Harmonized Sales Tax (GST/HST) on services provided, based on the Customer's province, as required by federal law for digital marketplaces.

* India: Wizcart will collect and remit Goods and Services Tax (GST) as required under the Indian GST Act, where e-commerce operators are liable to collect tax at source.

6. Intellectual Property

6.1. Wizcart IP: The Platform and its original content, features, and functionality (including logos, trademarks, and software) are and will remain the exclusive property of Wizcart and its licensors.

6.2. User-Generated Content: You grant Wizcart a worldwide, non-exclusive, royalty-free license to use, reproduce, and display any content you post on the Platform (such as reviews, service listings, and portfolio items) for the purposes of operating and promoting the Platform. You warrant that you own or have the necessary rights to any content you post.

7. Prohibited Conduct

You agree not to use the Platform to:

• Offer or solicit any illegal services or engage in illegal activities.
• Engage in fraud, misrepresentation, or deceptive practices.
• Harass, threaten, or defame any other user.
• Infringe upon the intellectual property rights of others.
• Circumvent or attempt to circumvent the Platform's payment system or commission structure.
• Violate any applicable law or regulation.

Compliance Note (India): This section is in compliance with the due diligence requirements for an "intermediary" under Section 79 of the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

8. Disclaimers and Limitation of Liability

8.1. Service Disclaimer: Wizcart does not perform background checks on all users and does not guarantee the quality, safety, legality, or ability of Service Providers to deliver services, or the ability of Customers to pay for them. Any legal claim related to a service provided by a Service Provider must be brought directly against that Service Provider.

8.2. Platform Disclaimer: The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Wizcart makes no warranties, express or implied, regarding the reliability, security, or performance of the Platform.

8.3. Limitation of Liability: To the maximum extent permitted by law, Wizcart shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Platform or from any services procured through it. Wizcart's total liability to you for any and all claims arising from your use of the Platform is limited to the greater of (a) the total fees you paid to Wizcart in the 6 months prior to the claim, or (b) $100 USD.

Legal Foundation (USA): This liability shield is structured to be consistent with the protections afforded to providers of an "interactive computer service" under Section 230 of the Communications Decency Act, which generally immunizes platforms from liability for third-party content and services.

9. Indemnification

You agree to defend, indemnify, and hold harmless Wizcart, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of this Agreement; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

10. Dispute Resolution and Governing Law

10.1. Governing Law:

* For Users in the USA and Canada: This Agreement shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of law provisions.

* For Users in India: This Agreement shall be governed by the laws of India, with jurisdiction in the courts of New Delhi.

10.2. Informal Resolution: The parties agree to first attempt to resolve any dispute informally for at least 30 days before initiating arbitration or court proceedings.

10.3. Binding Arbitration (USA & Canada):

* Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA).

* CLASS ACTION WAIVER: YOU AND WIZCART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

* Exception for Quebec Consumers: This arbitration clause does not apply to consumers in Quebec, where the Consumer Protection Act (Quebec) prohibits such clauses.

10.4. Court Proceedings (India): Any dispute arising under this Agreement for users in India shall be subject to the exclusive jurisdiction of the courts located in New Delhi.

11. Termination

11.1. By Wizcart: We may terminate or suspend your Account at our sole discretion, without prior notice or liability, for any reason, including a breach of these Terms.

11.2. By You: You may terminate your Account at any time by following the instructions on the Platform.

12. Modifications to Terms

Wizcart reserves the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

13. Jurisdiction-Specific Legal Compliance

13.1. For Users in the USA:

* FTC Guidelines: Wizcart operates in compliance with guidelines from the Federal Trade Commission (FTC) regarding fair advertising and consumer protection.

* State Laws: These terms are subject to mandatory provisions of state consumer protection laws where applicable.

13.2. For Users in Canada:

* Consumer Protection Acts: Wizcart complies with provincial consumer protection legislation, such as the Consumer Protection Act (Ontario) and the Consumer Protection Act (Quebec), regarding disclosures, contract formation, and cancellation rights for online agreements.

* PIPEDA: Our data handling practices comply with the Personal Information Protection and Electronic Documents Act (PIPEDA).

13.3. For Users in India:

* Consumer Protection Act, 2019: Wizcart adheres to the Consumer Protection (E-commerce) Rules, 2020, which mandate specific disclosures by sellers, a clear grievance redressal mechanism, and other consumer rights.

* IT Act, 2000: As an "intermediary," Wizcart complies with the due diligence and content moderation requirements of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. A Grievance Officer for India is appointed and their details are available on the Platform.

14. General Provisions

14.1. Third-Party Links: The Platform may contain links to third-party websites or services that are not owned or controlled by Wizcart. We have no control over and assume no responsibility for the content or practices of any third-party sites.

14.2. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.3. Entire Agreement: These Terms, along with our Privacy Policy, Cancellation Policy, and Refund Policy, constitute the entire and exclusive agreement between you and Wizcart regarding the Platform.

14.4. Contact Information: For any questions about these Terms, please contact us at:

legal@wizcart.com

Wizcart, Inc.

11141 Scotscraig Court Las Vegas Nevada 89141