Terms and Conditions
Terms and conditions of use for RomanCart merchants
In signing up for the RomanCart service, you are indicating that you have read and fully understand this agreement and agree to be bound by the terms and conditions detailed below. If you do not agree with these terms and conditions then you must not use the RomanCart service. If you are already using it, then you must stop immediately. ANY CART IN BREACH OF THESE TERMS AND CONDITIONS WILL BE CLOSED BY ROMANCART. NO NOTICE WILL BE GIVEN.
1. Your Responsibility
a) You must not use RomanCart for criminal purposes
b) RomanCart must not be used for anything offensive, obscene, defamatory, libellous, pirated, racist or anything which breaks copyright or trademark law.
c) RomanCart must not be used for so called 'Adult' websites or any website involved with pornography or sex toys.
d) You must not attempt to offer items to customers which are prohibited by the law under which you reside, or the law under which the customer may reside.
e) You must not use RomanCart to obtain email addresses for the purpose of sending unsolicited emails to.
f) You must deliver the goods for which your customers have paid, within a reasonable amount of time, or otherwise offer a refund.
g) You must ensure that the details which you use to sign up to RomanCart are valid and up to date.
i) You will not rely on RomanCart to determine the outcome of a transaction. RomanCart relies on a Payment Service Provider sending a message to the RomanCart servers containing the outcome of a transaction. If this message is lost. RomanCart will not know the outcome of the transaction. You must use the services provided to you by your Payment Service Provider to determine the outcome of an order. In certain circumstances, the status displayed in RomanCart may be incorrect.
j) You should always check the admin system of your Payment Gateway to ensure you have successfully received the correct payment amount before despatching any goods. You must not rely on RomanCart for this. In addition you should not despatch any goods unless you are sure that the money you have been paid is in your possession. You also agree that you understand that even when you have been paid monies by a customer, the money can be taken back by your bank or other entities.
k) If using the RomanCart Secure Images functionality you will not upload any images which contravene 1a, 1b or 1c above.
l) RomanCart must not be used for the selling of pharmaceuticals or medicines whether prescription or non-prescription e.g. Viagra.
m) The details you use to register the cart will appear on confirmation emails sent to your customers. These details must be valid and you must respond within a reasonable time to any customer requests regarding their purchases.
n) You must not import customers onto the RomanCart system through any means other than the 'Import Contacts' functionality.
o) You must provide methods of communication for your customers to contact you. If your customers are forced to contact us because they are unable to contact yourselves then we will warn you of this. Failure to act on this warning within a reasonable amount of time will result in your cart being closed.
p) You must ensure that your website is protected against denial of service attacks and that all traffic to your website is screened by your hosting company or isp to prevent such an attack. If large amounts of traffic (whether or not related to a Denial of Service attack) originating from your website is being sent to the cart then we reserve the right - WITH NO NOTICE - to close the cart until such traffic has ceased. 'Large Amounts' is defined as in excess of the total traffic being received from the top 3 busiest carts (which are not in any way connected with yourselves) added together.
q) You must not use any type of automated system or process to add items to the cart, log onto the control panel, obtain remote data delivery data or interact with any part of the cart or control panel in any way.
2. Our Responsibility
a) We will not be responsible for any losses resulting from your use or the inability to use our website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
b) We will not be responsible for your loss of profits, wasted expenditure, corruption or destruction of data or any other loss however caused.
c) We make no promise that our website will be uninterrupted or entirely error free. Because of the nature of the Internet, the RomanCart service is provided on an "as is" and "as available" basis. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
3. Booking System
a) Whilst we have made every effort to reduce the chance of double booking or errors involving the booking of holidays using the RomanCart booking system, as with all computer systems there is always the chance of errors. With this in mind we cannot be held responsible for any problems which occur as a result of the RomanCart booking system. You should also use the data from your payment gateway and any other sources to reconcile the data presented by the RomanCart booking system.
b) Note that if the payment gateway you are using does not notify RomanCart correctly whether as a result of a failure with the payment gateway or a failure on the RomanCart systems the customer may not be sent a 'Booking Confirmation' email even though their payment may have been successful. In this instance the holiday will not be booked even though the customer may have paid you the money. You should make regular checks on your Payment Gateway system and your bank account to make sure that all payments are accounted for. There is a message on the checkout page of the Booking system informing customers that the holiday is not booked unless they receive an email with the subject of 'Booking Confirmation'. We would advise that you require presentation of said email as proof of the holiday booking particularly in the event of a dispute.
c) IN USING THIS SYSTEM, YOU AGREE THAT ROMANCART LTD CANNOT BE HELD RESPONSIBLE FOR ANY LOSS HOWEVER CAUSED AS A RESULT OF USING THE BOOKING SYSTEM.
4. Backup of Data
a) The Data held on the RomanCart servers is held solely at your own risk. You understand that you should regularly make your own backups of the data.
b) If for whatever reason, the data held on our servers is lost then although we may try to restore the most recent backup of the data, we are under no obligation to do so, and are in no way responsible for any losses caused by the lost data, whether financial or otherwise.
a) We endeavour to respond to complaints within five working days.
b) We may change or withdraw any part of our website, or may refuse you access to the website at any time if we consider it necessary.
c) These terms are governed by the laws of England and Wales and any disputes will be decided only by the courts of England and Wales.
d) All errors and omissions are excepted.
e) If you are in breach of these terms and conditions you will not be refunded any monies you have paid.
f) For RomanCart Merchants who initially subscribed to the cart lifetime ssl storage option - If you upgrade to the option pack, this replaces the lifetime SSL upgrade (which is no longer available). The option pack requires an annual subscription.
g) Useage of the RomanCart system is subject to 'reasonable use' If a merchants cart is using disproportionate resources on our systems. i.e. in excess of what we would consider to be normal, then we reserve the right to stop providing the RomanCart service to that merchant. In such cases we would offer a refund of the unused part of any remaining subscription.
h) At the discretion of RomanCart Ltd, RomanCart Ltd may offer a 30 day money back guarantee to new upgrades. Such a guarantee only applies to new customers opening a new cart.
6. Cancellation of Service
a) After purchasing a RomanCart upgrade from RomanCart Ltd. the merchant has, as per UK Law, seven working days to cancel the contract which will result in a full refund of the amount paid for the upgrade(s). No refund will be paid for upgrades cancelled more than seven days after purchase.
b) If you use the Free version of RomanCart and you do not log onto the cart in a 6 month period and the cart makes no sales in the same 6 month period then the cart you registered will be closed and the data we hold for that cart will be deleted.
7. Disclaimer of Warranty
a) THE ROMANCART SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
b) In particular, RomanCart Ltd. cannot be held liable for loss of information, loss of sales or monies, credit card fraud, incorrect product prices, missing sales information or any other consequential loss which occurs by the use of our software. However RomanCart Ltd. will take such steps as is deemed reasonable (by RomanCart Ltd.) to ensure that such errors should not occur under normal use.
c) If any attempt is made to disassemble, reverse engineer, or alter in any way any software or website belonging to RomanCart Ltd., this licence is immediately terminated and you must immediately stop using the RomanCart service.
d) The software, web pages, website databases, any associated programmes or scripts are owned by RomanCart Ltd. The user is licenced to use these products.
e) The intellectual property of all software, websites, scripts and databases is owned by RomanCart Ltd.
f) NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
g) ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO SERVICE REPLACEMENT OR REFUND OF SUBSCRIPTION FOR THE AFFECTED PERIOD UP TO A MAXIMUM OF 1 YEAR.
h) IN USING THE ROMANCART SYSTEM, YOU AGREE THAT ROMANCART LTD CANNOT BE HELD RESPONSIBLE FOR ANY LOSS HOWEVER CAUSED WHETHER THROUGH NEGLIGENCE OR OTHERWISE.
8. Data Protection / GDPR
The "Data Protection Legislation" refers to European Directives 95/46/EC and 2002/58/EC, and any persuant legislation including the General Data Protection Regulation, Regulation (EU) 2016/679.
"Personal Data" refers to identifiable data processed by RomanCart relating to an individual interacting with the RomanCart service.
RomanCart acts as a "Data Processor" in the context of the relevant legislation.
a) RomanCart will process the personal data only for providing the services for the merchant who is operating the cart. If RomanCart is required by law to process the data for any other reason then if appropriate the merchant will be contacted in advance of this processing.
b) Data is stored by RomanCart in the UK.
c) If RomanCart receives a complaint from a Data Subject or Supervisory Authority regarding the processing of Data then the merchant will be contacted with this information.
d) RomanCart will contact the merchant if it becomes aware of any accidental, unauthorised or unlawful processing, disclosure or access to the personal data.
e) RomanCart ensures that anyone with access to the personal data does so only as required and is bound by a confidentiality agreement to prevent disclosure of the personal data.
f) At the merchants request RomanCart will mark data for deletion and will remove the data as soon as possible after the request is received. At the same time as the request for removal, the merchant may request a copy of the data be sent to them by a secure means before removal.
g) If a cart is not upgraded and is not logged into by the merchant for 6 months and has made no sales during that period, RomanCart may close the cart and remove any data relating to that cart - including personal data.
IF YOU DO NOT AGREE WITH ALL OF THE POINTS IN THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THE ROMANCART SERVICE