Welcome to SXMCART.COM Terms and Agreement Section. Like any company, we must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service.

This Agreement (the “Agreement”) is a legal agreement between you and SXMCART .COM (“SXMCART.COM “) that states the terms and conditions under which you may receive the SXMCART.COM  service and use www.sxmcart.com. If you use the SXMCART.COM ‘s service or www.sxmcart.com, you agree to these terms and conditions:

SXMCART.COM ‘s Delivery Service and Website

The SXMCART.COM  service is a transaction, information and communication service available to authorized users (“customers”) who access www.sxmcart.com. SXMCART.COM  currently provides an online grocery shopping and delivery service, and may in the future, provide additional shopping and related services.

1. Grocery Shopping and Delivery Service. SXMCART.COM ‘s employees, agents or designees will shop and deliver grocery orders placed with SXMCART.COM . Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is due at the time of order. If you are not satisfied for any reason with an item purchased through SXMCART.COM , you may return it and it will be credited against your next SXMCART.COM  order. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product.
2. Local Deliveries: You are responsible for ensuring that someone is present at the delivery address to receive and sign for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and sign for the order. If SXMCART.COM  cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you will be assessed an additional fee. SXMCART.COM ‘s liability for missing a delivery time is limited to delivery at a later agreed time at no additional charge.
3. Vacationers: Your order will be left unattended in your rented condo/house. SXMCART.COM  is not responsible, and you agree not to hold SXMCART.COM  or its employees responsible, for any damage or theft that occurs to an unattended delivery. SXMCART.COM  reserves the right to refuse to leave an order unattended if the SXMCART.COM  Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason. SXMCART.COM ‘s liability for missing a delivery time is limited to delivery at a later agreed time at no additional charge.
4. Third Party Information Providers and Merchants. The SXMCART.COM  service may permit you to order and receive products from businesses that are not owned or operated by SXMCART.COM . The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise ordered or received from such businesses are solely between you and such businesses. SXMCART.COM  does not endorse, warrant or assume any responsibility or liability for such products including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the SXMCART.COM  service.

Your Member Account

All content on SXMCARTSint Maarten .com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of SXMCART.COM  2011, SXMCART.COM , Inc. ALL RIGHTS RESERVED, or its content providers. SXMCART.COM  authorizes you to view, electronically copy and to print in hard copy portions of SXMCARTSint Maarten .com for the sole purpose of placing an order with SXMCART.COM , Inc. for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on SXMCARTSint Maarten .com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of SXMCART.COM  is strictly prohibited. SXMCART.COM  reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from SXMCART.COM.

Property Rights – www.sxmcart.com and SXMCART.COM

1. Copyright: All content on SXMCARTSint Maarten .com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of SXMCART.COM  2011, SXMCART.COM , Inc. ALL RIGHTS RESERVED, or its content providers. SXMCART.COM  authorizes you to view, electronically copy and to print in hard copy portions of SXMCARTSint Maarten .com for the sole purpose of placing an order with SXMCART.COM , Inc. for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on SXMCARTSint Maarten .com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of SXMCART.COM  is strictly prohibited. SXMCART.COM  reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from SXMCART.COM
2. Trademarks: All SXMCART.COM  logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of SXMCART.COM  or otherwise proprietary to SXMCART.COM  and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on SXMCARTSint Maarten .com are the property of their respective owners.

Fees, Payment and Access

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current SXMCART.COM  fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the SXMCART.COM  fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), SXMCART.COM  may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that SXMCART.COM , Inc. may incur in its efforts to collect any unpaid balances from you. SXMCART.COM  reserves the right to establish a credit limit for your account. Your right to use the SXMCART.COM  service is also subject to limits established by your credit card issuer.

Unauthorized or Fraudulent Use

SXMCART.COM  does not offer the SXMCART.COM  Service to children. By registering for the SXMCART.COM  Service, you warrant that you are at least 18 years old. If you are under 18, you may not use the SXMCART.COM  Service. From time to time, SXMCART.COM  may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and SXMCART.COM  reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.

Changes in Agreement, Fee Schedule or SXMCART.COM  Service

SXMCART.COM  may at any time change any of the terms of this Agreement or the SXMCART.COM  fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the SXMCART.COM  service. If SXMCART.COM  makes material changes to this Agreement or changes to the SXMCART.COM  fee schedule, SXMCART.COM  will provide notice to you in a manner provided in this Agreement. Your use of the SXMCART.COM  service after any such change will be conclusively deemed acceptance of such change. SXMCART.COM  may discontinue or revise any or all aspects of the SXMCART.COM  service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your SXMCART.COM  Service and terminate this Agreement.

Termination

SXMCART.COM  may suspend or terminate your access to the SXMCART.COM  service at any time for any reason with or without notice to you. You may terminate your SXMCART.COM  service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your SXMCART.COM  Service for any reason, you will not be entitled to a refund of any fees. SXMCART.COM  reserves the right to collect fees and charges incurred before you cancel your SXMCART.COM  Service.

Limitation of Liability and Disclaimer of Warranty. YOUR USE OF THE SXMCART.COM  SERVICE, www.sxmcart.com AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SXMCART.COM  SERVICE, www.sxmcart.com AND ITS CONTENTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SXMCART.COM , INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SXMCART.COM  DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY www.sxmcart.com WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT www.sxmcart.com OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER SXMCART.COM  NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS “ASSOCIATES”) SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SXMCART.COM  SERVICE, www.sxmcart.com, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH SXMCARTSint Maarten . SXMCART.COM ‘S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY SXMCART.COM  AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material on www.sxmcart.com is provided for lawful purposes only. SXMCART.COM , Inc. controls and operates www.sxmcart.com from its headquarters in Sint Maarten  and makes no representation that these materials are appropriate or available for use in other locations. If you use www.sxmcart.com from other locations, you are responsible for compliance with applicable local laws.

Indemnification

You agree to defend, indemnify and hold SXMCART.COM  and its Associates harmless from any claims and expenses, including attorney’s fees, arising in connection with a violation of this Agreement by you or through use of your account.

Privacy and Security

Your privacy is important to us here at SXMCART.COM . We want to make you feel comfortable and secure shopping in our store. This privacy policy explains the types of information we gather, how it is protected, what we do with it and how you can correct or change information. By shopping at SXMCARTSint Maarten .com, you are accepting the practices described in this Privacy Policy. When you register with SXMCART.COM , you provide us with your name, billing and delivery addresses, e-mail address, telephone number, and credit card account number and expiration date. You select a username and password allowing you access to the SXMCART.COM  service. Your password should be kept strictly confidential to prevent unauthorized use. While using the SXMCART.COM  service, you may give us special shopping and delivery instructions, which we store and use to pick and deliver your order to your specifications. SXMCART.COM  also receives and stores certain types of information whenever you interact with us through the use of “cookies.” Cookies are identifiers transferred to your computer’s hard drive through your Web browser, which enable our systems to recognize your browser and to provide you with certain shopping features. These “cookies” allow us to give you customized and personalized service and helps us identify ways to improve your shopping experience. Cookies are also used to help us track responses to messages sent on behalf of our advertisers so that SXMCART.COM  may aggregate such information and report results to them. If you choose to reject or disable cookies, you will be unable to use those SXMCART.COM  Services that require the use of such cookies. SXMCART.COM  uses your information to enhance and personalize your shopping experience. SXMCART.COM  does not sell personal information about individual customers (such as name, address, e-mail address, credit card information) to third parties, sell or rent lists of customers or use information about individual customers except to provide our service or as described below:

1. SXMCART.COM  may use aggregated information regarding its customers and usage of the SXMCART.COM  service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
2. Third Party Service Providers. SXMCART.COM  may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
3. Sale of Business. SXMCART.COM  may transfer Customer Registration Data and other personal information in connection with the sale of SXMCART.COM  or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.
4. Enforcement of Agreement or Compliance with Law. SXMCART.COM  may use or disclose personal information when SXMCART.COM  believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of SXMCART.COM  or its users or to comply with the law.

You may at any time review and change your personal information stored by SXMCARTSint Maarten .com by accessing the My Account page at SXMCARTSint Maarten .com. You may also request that SXMCART.COM  permanently remove all personal information stored by SXMCART.COM  at any time by delivering notice requesting such removal. Upon such request, SXMCART.COM  will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your SXMCART.COM  Service. At SXMCART.COM , we want you to feel safe while shopping with us. That’s why we use the THAWTE brand to verify our standing. THAWTE verifies our address and business standing for your comfort. In addition they encrypt all of your personal information, including name, address and credit card number, as it is submitted to our Webserver. Once received, your personal information is stored in our secure data center.

Legal and Miscellaneous

1. This Agreement states your entire agreement with SXMCART.COM  regarding the use of the SXMCART.COM  Service and www.sxmcart.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
2. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
3. This Agreement shall be governed by the laws of the Sint Maarten  without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with SXMCART.COM , Inc. or its Associates or relating in any way to your use of SXMCART.COM  or www.sxmcart.com resides in the courts of The Sint Maarten , and you further consent and agree to personal jurisdiction by the courts sitting in The Sint Maarten  in connection with any such dispute.
4. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
5. Sections 7 and 8 of this Agreement are for the benefit of SXMCART.COM  and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your SXMCART.COM  service.

Notices

SXMCART.COM  may give notice to you of a change in this Agreement, a change in the SXMCART.COM  Fee Schedule, and any other matter by general posting on www.sxmcart.com, by electronic mail. You may give notice to SXMCART.COM  by telephone 721-586-8080 or by electronic mail (visit Contact Us on www.sxmcart.com).
If you have any questions about this agreement, please call us at 721-586-8080 or
email us at shopsxmcart@gmail.com.