Welcome to 360kart! These Terms of Service ("Terms") are a binding legal agreement between you and 360kart Marketplace Ltd. ("360kart", "we", "us", or "our"). These Terms govern your access to and use of the 360kart Pro mobile application, website, live stream commerce features, and all related services (collectively, the "Platform").
Please read these Terms carefully. By creating an account, posting content, browsing, or purchasing items on the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Platform.
1. About the Platform
360kart Pro is a social commerce ecosystem designed for creators, influencers, vlogs, and independent social sellers ("Sellers") to feature, live-stream, and sell products directly to users ("Buyers").
360kart is a Marketplace Facilitator. The contract for the sale of any product is strictly between the Seller and the Buyer. 360kart is not a party to that sale contract, nor is it an auctioneer, manufacturer, or logistics provider.
2. Who Can Use the Platform (Eligibility)
To use 360kart Pro, you must:
- Be at least 18 years old (or the age of majority in your jurisdiction).
- Be capable of forming a legally binding contract.
- Not be barred from using the Platform under applicable local laws.
- If registering as a business/Seller, possess all required commercial licenses, permits, and tax registrations.
3. Account Security and Creators
- Your Account: You are responsible for keeping your login credentials confidential. You are solely liable for all activities that occur under your account.
- Content & Shop Links: Creators may tag products in video reviews or Live Streams. You guarantee you own or have the rights to all content you post and that it does not infringe on any third party’s intellectual property.
4. Financial Terms and Escrow Protection Policy
To build absolute trust within our community and prevent fraud, 360kart Pro operates a mandatory Escrow Protection Framework for all transactions.
4.1 Payment Authorization & Collection
- Buyers pay for orders directly through the Platform using integrated checkout methods, including local Mobile Money (MTN MoMo, Telecel Cash, AirtelTigo Money) or credit/debit cards.
- 360kart Marketplace Ltd. acts as the Buyer's limited payment collection agent solely for the purpose of accepting funds on behalf of the Seller.
4.2 Funds Withholding (The Escrow Rule)
- Immediate Holding: When a Buyer pays for an order, 100% of the purchase funds are immediately withheld by 360kart.
- No Direct Pre-payouts: Funds are never released directly to the Seller at the time of purchase.
4.3 Payout Settlement Thresholds
Funds will only be released to the Seller's payout balance after the following criteria are met:
- Delivery Confirmation: The logistics provider verifies successful delivery, or the Buyer manually confirms delivery via the app.
- Settlement Period: Once delivery is confirmed, funds enter a Standard Settlement Period (typically 7 to 15 days, or as dictated by the Seller’s Dynamic Settlement Tier) to account for return/refund windows.
- Dispute Window: If a Buyer files a dispute before the settlement period expires, the funds remain locked until the issue is resolved.
5. Returns, Refunds, and Order Disputes
- Guaranteed Refunds: If an item is never delivered, arrives damaged, or is significantly not as described, the Buyer is entitled to open a dispute.
- Refund Sourcing: If a refund is approved by our support team, the funds are returned directly to the Buyer from the escrow pool held by 360kart.
- Seller Accountability: If a Seller shows a pattern of high return rates, counter-disputes, or fraudulent listings, 360kart reserves the right to lengthen their settlement periods up to 31 days or indefinitely freeze account balances.
6. Acceptable Use & Prohibited Conduct
You agree not to exploit the Platform. Prohibited actions include:
- Scraping and Automation: Using bots, crawlers, or scripts to harvest product details, user data, or system pricing.
- Platform Circumvention: Directing users away from 360kart’s checkout to complete transactions via WhatsApp, bank transfers, or cash-on-delivery to bypass the escrow framework or service fees.
- Malicious Behavior: Uploading viruses, malware, or exploiting tech infrastructure.
- Deceptive Selling: Listing counterfeit items, misleading descriptions, or engaging in fake review generation.
7. Intellectual Property Rights
- Our Content: 360kart Marketplace Ltd. retains full, exclusive ownership of the platform's user interface, source code, logos, designs, graphics, and underlying tech infrastructure.
- Your License to Us: By uploading content (videos, product photos, descriptions), you grant 360kart a worldwide, royalty-free, sublicensable, and transferable license to host, display, and promote that content across our services.
8. Limitation of Liability and Disclaimers
- "As-Is" Basis: The Platform is provided on an "as-is" and "as-available" basis. We do not guarantee uninterrupted or error-free operations.
- No Product Liability: 360kart does not manufacture, test, or inspect products sold through the marketplace. We assume zero liability for defective products, late shipments, bodily injury, or economic damages caused by items bought on the platform.
- Cap on Liability: To the maximum extent permitted by law, 360kart Marketplace Ltd.’s total aggregate liability for any claims arising out of these Terms shall not exceed the total transaction fees collected from your specific orders during the preceding three (3) months.
9. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the jurisdiction where 360kart Marketplace Ltd. is registered. Any dispute, claim, or controversy arising out of your use of the platform shall first be attempted to be resolved amicably through 360kart Support. Unresolved disputes shall be submitted to binding arbitration under local arbitration protocols.
10. Contact Us
For any inquiries, legal notices, or support regarding these Terms or an escrow holding, please reach out to us at:
- Email: contact@360kartpro.com
- In-App: Account Center > Support Tickets