Terms of Service
These Terms of Service govern access to and use of the website and MyQCart point-of-sale software and related services.
These Terms of Service (“Terms”) govern access to and use of the website https://www.myqcart.com and the MyQCart point-of-sale software and related services (collectively, the “Services”), provided by MyQCart (“MyQCart”, “we”, “us”, or “our”), a trading name of ORVIK GROUP LTD (Company Registration No. 17333890), a private company registered in England and Wales, whose registered office is at 71–75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom.
By accessing our website, creating an account, or subscribing to the Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Definitions
- "Services" means the MyQCart POS software (cloud and/or desktop components), associated support, and any related tools or documentation.
- "Client" means the business or individual that subscribes to or uses the Services.
- "End User" means an individual authorized by the Client to use the Services on the Client's behalf (e.g., cashiers, staff).
- "Content" means data, information, or materials submitted, uploaded, or generated through use of the Services, including transaction, inventory, and customer data entered by the Client.
2. Eligibility and Account Registration
- The Services are intended for business use. By registering, you confirm you have the authority to bind the business you represent.
- You must provide accurate, current, and complete registration information and keep it up to date.
- You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, including that of your End Users.
- You must notify us promptly of any unauthorized use of your account.
3. License to Use the Services
Subject to your compliance with these Terms and payment of applicable fees, MyQCart grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business operations during your subscription term.
Your use of the Services is also subject to our separate Acceptable Use Policy, which prohibits activities such as hacking, abuse, uploading malware, and reverse engineering.
All intellectual property rights in the Services, software, source code, website content, trademarks, logos, documentation and associated materials remain the exclusive property of ORVIK GROUP LTD or its licensors. No rights are granted except as expressly stated in these Terms.
Except where expressly permitted by law or these Terms, no part of the Services may be copied, modified, distributed, sold, licensed, or otherwise exploited without our prior written consent.
4. Client Content and Data
- You retain ownership of the Content (e.g., inventory, sales, and customer data) you input into the Services.
- You grant MyQCart a limited license to host, process, and display your Content solely as necessary to provide the Services.
- You are solely responsible for the accuracy, legality, and rights to any Content you upload, and for obtaining any necessary consents from your own customers or staff whose data is processed through the Services.
- You are responsible for maintaining your own backups where the Services do not guarantee automatic backup for your specific plan (see Section 8, Backups).
Our handling of personal data within your Content is further described in our Privacy Policy and, for business customers, our Data Processing Agreement (DPA).
5. Fees, Billing, Term and Renewal
- Fees for the Services are set out on our website, order form, or invoice at the time of purchase, exclusive of applicable taxes unless stated otherwise.
- Subscriptions run for the fixed term stated in your order form or agreement (e.g., monthly or annual). Subscriptions do not renew automatically. Your subscription ends at the conclusion of the agreed term, and continued access to the Services requires you to actively renew or re-sign the agreement before the term ends.
- We will make reasonable efforts to notify you in advance of your term's expiry so you can arrange renewal; however, it remains your responsibility to renew before the current term ends to avoid interruption of Service.
- Late or failed payments during an active term may result in suspension of access to the Services until payment is resolved.
6. Trial Period and Refunds
- New Clients are offered a 14-day free trial of the Services from the date of account activation.
- If you do not cancel before the end of the 14-day trial, your subscription will begin and applicable fees will become payable in accordance with your selected plan.
- Fees paid after the trial period are non-refundable, except where required by applicable law or expressly agreed in writing by MyQCart.
- Full detail on trial eligibility and cancellation is set out in our separate Refund Policy.
- Trial accounts may be suspended or deleted after the trial expires if no subscription is purchased.
7. Support
We provide support to Clients through the following channels:
- Email Support: support@myqcart.com
- WhatsApp Support: +44 7723 353557
- Remote Desktop Support: available for eligible plans, by appointment, for hands-on troubleshooting.
- Knowledge Base: self-service articles and guides available at support.myqcart.com.
- Business Hours: Monday–Friday, 09:00–18:00 UK Time (excluding UK public holidays).
Target response times for support requests are set out in our separate Service Level Agreement (SLA).
8. Backups
Where a Client has enabled automatic backup in their account settings, MyQCart automatically backs up cloud-stored data on a regular schedule as part of the Service. Clients who do not enable this setting, or who use offline/desktop components not connected to our cloud infrastructure, are responsible for maintaining their own backups. Clients are encouraged to maintain independent backups of critical business information. Backup frequency and retention for automatic backups are detailed in your plan documentation or the Knowledge Base.
9. Third-Party Services
The Services may integrate with third-party tools (e.g., payment gateways, cloud hosting providers, accounting software, communication platforms and other third-party integrations). Your use of such third-party services is subject to their own terms and privacy policies. MyQCart is not responsible for the performance or practices of third-party services.
10. Suspension and Termination
We may suspend or terminate your access to the Services if:
- You breach these Terms (including the Acceptable Use Policy) and fail to remedy the breach after notice.
- Payment is overdue beyond the applicable grace period.
- Your use poses a security risk or legal liability to MyQCart or other users.
You may cancel your subscription at any time in accordance with Section 6 and your plan's cancellation terms. Upon termination or expiry, your right to access the Services ends, though certain provisions of these Terms (e.g., intellectual property, limitation of liability, governing law) survive termination.
11. Disclaimers
To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be error-free, uninterrupted, or fully secure.
We do not guarantee that the Services will meet every Client's individual business requirements or that all features will be available at all times.
Nothing in these Terms limits or excludes liability where such limitation or exclusion is not permitted under applicable law, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.
12. Limitation of Liability
To the maximum extent permitted by law:
- MyQCart's total liability arising out of or related to these Terms or the Services shall not exceed the total fees paid by you in the twelve (12) months preceding the claim.
- MyQCart shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.
13. Indemnification
You agree to indemnify and hold harmless MyQCart, ORVIK GROUP LTD, and their respective officers, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of the Services, or violation of applicable law.
14. Hyperlinking and Use of Our Content
- You may not republish, resell, reproduce, or redistribute material from our website without prior written permission.
- Organizations such as government agencies, search engines, and news organizations may link to our homepage without prior approval, provided the link is not misleading and does not imply false endorsement.
- Other organizations wishing to link to our site should contact us at support@myqcart.com for approval.
- No MyQCart™, ORVIK GROUP LTD name, logo, trademark or other branding may be used for linking purposes without a separate trademark licence agreement.
- Framing or iframing our website without prior written permission is prohibited.
15. Feedback
If you provide suggestions, ideas, or feedback regarding the Services, you grant MyQCart a worldwide, royalty-free, irrevocable licence to use that feedback without restriction or compensation.
16. Changes to the Services or Terms
We may modify the Services or these Terms from time to time. Material changes to these Terms will be communicated via email or notice on our website, with the "Last Updated" date reflecting the most recent revision. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
17. Governing Law and Jurisdiction
These Terms shall be governed by the laws of England and Wales. Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, Refund Policy, and any order form or subscription agreement, constitute the entire agreement between you and MyQCart.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
- No Waiver: Failure to enforce any right or provision does not constitute a waiver of that right.
- Assignment: You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, corporate restructuring or sale of all or substantially all of our business or assets.
19. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, labour disputes, internet outages or failures of third-party infrastructure.
20. Electronic Communications
You agree that notices, agreements, disclosures and other communications provided electronically satisfy any legal requirement that such communications be in writing.
21. Export Compliance
You agree not to use or export the Services in violation of any applicable export control or sanctions laws.
22. Contact Us
For questions about these Terms, contact:
MyQCart™A trading name of ORVIK GROUP LTD
Registered in England and Wales
Company Registration No. 17333890
Registered Office
71–75 Shelton Street
Covent Garden
London WC2H 9JQ
United Kingdom
Phone: +44 7723 353557
Email: support@myqcart.com
Website: https://www.myqcart.com