Terms of Service

Last Updated: January 24, 2026

1. Acceptance of Terms

Welcome to CartCure NZ ("CartCure," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and CartCure NZ regarding your use of our Shopify® store modification and troubleshooting services.

By submitting a service request through our contact form, requesting a quote, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our services. We reserve the right to refuse service to anyone for any reason at any time.

1.1 Capacity to Contract

By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You are authorized to bind any business entity on whose behalf you are engaging our services
• All information you provide is accurate, current, and complete

2. Services Description

CartCure provides Shopify® store modification, troubleshooting, and technical support services ("Services") to small businesses in New Zealand and internationally.

2.1 Services We Provide

Our Services may include, but are not limited to:

• Design updates (logo changes, color adjustments, font updates, layout modifications)
• Content changes (product descriptions, page edits, banner updates)
• Bug fixes (broken links, display issues, technical problems)
• Small improvements (menu updates, app setups, functionality changes)
• Product uploads and CSV imports
• Image optimization and resizing
• Custom banner and graphic design
• App integration and configuration
• Theme customization and code modifications
• Email automation setup

2.2 Services We Do NOT Provide

The following are explicitly excluded from our Services unless otherwise agreed in writing:

• Complete store builds or major redesigns (projects exceeding 40 hours)
• Ongoing maintenance contracts or retainer arrangements
• 24/7 emergency support or guaranteed response times
• Server management or hosting services
• Domain registration or DNS management
• Legal compliance audits or advice
• SEO campaigns or ongoing marketing services
• Custom app development from scratch
• Guaranteed sales increases or conversion rate improvements

2.3 Quote and Approval Process

All Services are provided on a per-project basis following this process:

1. Request Submission: You submit a service request via our contact form
2. Quote Provision: We provide a fixed-price quote within 24-48 hours
3. Quote Validity: Quotes are valid for 14 days from the date of issue
4. Client Approval: You must explicitly approve the quote to proceed
5. Service Delivery: We complete the work according to the agreed scope
6. Review and Completion: You review the work and confirm completion

No work will commence without your explicit approval of the quoted price and scope.

3. User Obligations and Responsibilities

3.1 Accurate Information

You agree to provide accurate, complete, and truthful information when requesting services, including:

• Accurate description of the issue or desired modification
• Correct contact information (email, phone number)
• Valid Shopify® store URL
• Relevant screenshots, error messages, or supporting documentation

3.2 Timely Communication

You agree to:

• Respond to our communications within 48 hours during business days
• Provide requested information, access credentials, or clarifications promptly
• Review and approve completed work within 7 days of notification
• Notify us immediately of any concerns or issues with work in progress

Failure to communicate in a timely manner may result in project delays or cancellation without refund of any fees paid.

3.3 Backup Requirements

3.4 Compliance with Laws and Third-Party Terms

You represent and warrant that:

• Your Shopify® store and its content comply with all applicable laws and regulations
• You have the right to sell all products listed in your store
• Your store does not violate any third-party intellectual property rights
• You comply with Shopify's Acceptable Use Policy and Terms of Service
• You have all necessary licenses, permits, and authorizations to operate your business
• Your store does not sell illegal, counterfeit, or prohibited items

3.5 Prohibited Activities

You agree NOT to use our Services for any store that:

• Engages in illegal activities or sells illegal products
• Promotes hate speech, violence, or discrimination
• Distributes malware, viruses, or harmful code
• Infringes on intellectual property rights
• Violates Shopify's Acceptable Use Policy
• Engages in fraudulent or deceptive practices

4. Account Access and Security

4.1 Required Access

To provide Services, we may require access to your:

• Shopify® Admin panel
• Theme editor and code files
• Third-party apps and integrations
• Payment gateway settings (where applicable)
• Email or other communication platforms

4.2 Staff Account Recommendation

We strongly recommend creating a temporary staff account with limited permissions rather than sharing your primary administrator credentials. This enhances security and allows for easy access revocation upon project completion.

4.3 Password and Credential Handling

When you provide us with passwords or access credentials:

• Temporary Use Only: We use credentials solely for the duration of the service engagement
• No Permanent Storage: We do not store passwords in long-term databases or file systems
• Secure Transmission: Credentials are transmitted via encrypted HTTPS connections
• Deletion Upon Completion: All access information is deleted within 24 hours of project completion

4.4 Your Security Responsibilities

5. Remote Computer Access

5.1 When Remote Access May Be Necessary

In certain circumstances, we may request remote access to your computer to:

• Troubleshoot local development environment issues
• Diagnose browser-specific or device-specific problems
• Configure Shopify CLI, Git, or development tools
• Provide real-time collaborative troubleshooting
• Assist with file uploads or downloads

5.2 Remote Access Tools

We may use remote desktop software including AnyDesk, TeamViewer, Zoom Screen Share, or other mutually agreed tools.

5.3 Your Rights During Remote Sessions

You have the absolute right to:

• Decline Remote Access: You may refuse remote access and opt for alternative support methods
• Observe All Actions: You can watch everything we do in real-time
• Terminate Sessions: You may end the session immediately at any time
• Ask Questions: You may ask about any action being performed
• Restrict Access: You may request certain files or folders not be accessed
• Have Witness Present: You may have another person observe the session

5.4 Remote Access Safeguards

• We will never initiate remote access without your express consent
• We only access files directly related to your Shopify issue
• We do not record sessions unless explicitly agreed upon in writing
• You will receive a summary of actions taken upon request

6. Payment Terms

6.1 Pricing and Quotes

• Fixed-Price Quotes: All quotes are fixed-price for the defined scope
• Currency: All prices are in New Zealand Dollars (NZD) unless otherwise specified
• Quote Validity: Quotes are valid for 14 days from date of issue
• Minimum Fee: The minimum service fee is $50 NZD

6.2 Payment Methods

We accept payment via bank transfer only.

6.3 Payment Timing

• Small Projects (Under $200): Payment due in full before work commences
• Medium Projects ($200-$500): 50% deposit required upfront, balance upon completion
• Large Projects (Over $500): Payment schedule determined on a case-by-case basis

6.4 Late Payment

If payment is not received within 7 days of the invoice due date:

• Work may be paused or cancelled
• A late fee of 2% per day may be applied to outstanding balances
• We reserve the right to suspend access to deliverables until payment is received

6.5 Refund Policy

6.6 GST and Taxes

All prices include GST (Goods and Services Tax) where applicable under New Zealand law. You are responsible for any other taxes in your jurisdiction.

7. Project Scope and Change Requests

7.1 Defined Scope

The scope of work is defined in the quote you approve. Work outside this scope requires a separate quote and approval.

7.2 Scope Changes

If you request changes beyond the original scope ("scope creep"):

• We will provide a supplementary quote for the additional work
• No additional work will commence without your approval of the supplementary quote
• Additional fees will apply based on the complexity and time required
• Project timelines may be extended to accommodate scope changes

7.3 Client Approval Required

You must review and approve work at key milestones. Approval is deemed given if we do not receive feedback within 7 days of notification that work is ready for review.

8. Turnaround Times and Delays

8.1 Estimated Timeframes

All turnaround times are estimates, not guarantees. While we strive to complete most projects within 7 days, actual completion time depends on:

• Project complexity and scope
• Client responsiveness and availability
• Availability of required third-party resources
• Shopify platform availability and performance
• Queue of existing projects

8.2 Force Majeure

We are not liable for delays caused by events beyond our reasonable control, including:

• Natural disasters, pandemics, or other acts of God
• Government actions, laws, or regulations
• Internet or telecommunications failures
• Shopify platform outages or maintenance
• Third-party service provider failures
• Cyberattacks or security incidents

8.3 Client-Caused Delays

If delays are caused by your failure to:

• Provide timely responses or required information
• Grant necessary access to your store or systems
• Approve work or provide feedback within agreed timeframes

We reserve the right to extend project timelines accordingly or cancel the project and retain any fees paid for work completed.

9. Intellectual Property Rights

9.1 Your Intellectual Property

You retain all ownership rights to:

• Your Shopify® store and its content
• Your brand, trademarks, and logos
• Product images, descriptions, and listings
• Customer data and business information

9.2 Our Intellectual Property

CartCure retains ownership of:

• Our general methodologies, processes, and business practices
• Pre-existing tools, code libraries, or templates we use
• Our knowledge, expertise, and know-how

9.3 Third-Party Intellectual Property

You acknowledge that Shopify®, third-party apps, and themes are owned by their respective owners and subject to their own license terms.

9.4 License to Modify Your Store

By engaging our Services, you grant us a limited, non-exclusive license to access, modify, and work on your Shopify® store solely for the purpose of delivering the agreed Services.

9.5 Portfolio and Testimonial Rights

We may request permission to:

• Display your store as a portfolio example (with your approval)
• Use your testimonial in our marketing materials (with your approval)
• Reference your business name in our client list (with your approval)

You may decline any such requests without affecting service delivery.

10. Warranties and Disclaimers

10.2 New Zealand Consumer Guarantees Act

If you are acquiring our Services for business purposes, you acknowledge that the Consumer Guarantees Act 1993 does not apply to the supply of our Services.

If you are a consumer (not acquiring Services for business purposes), you have rights under the Consumer Guarantees Act that cannot be excluded.

11. Limitation of Liability

11.2 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR:

• Lost Revenue or Profits: Any loss of business, revenue, profits, or anticipated savings
• Data Loss: Loss of data, unless caused by our gross negligence or willful misconduct
• Third-Party Failures: Issues caused by Shopify, third-party apps, payment processors, or other services outside our control
• Consequential Damages: Any indirect, incidental, special, consequential, or punitive damages
• Store Downtime: Temporary downtime or unavailability of your store
• Customer Complaints: Customer complaints or dissatisfaction arising from modifications we make
• Regulatory Penalties: Fines, penalties, or regulatory sanctions
• Reputation Damage: Damage to your business reputation or goodwill

11.3 Exceptions to Limitations

Nothing in these Terms limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any liability that cannot be excluded by law

12. Indemnification

You agree to indemnify, defend, and hold harmless CartCure, its directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your breach of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Content you provide to us for inclusion in your store (product descriptions, images, etc.)
• Your use of our Services in a manner not authorized by these Terms
• Claims by your customers or third parties arising from your store's products or services
• Your failure to maintain adequate backups of your data

13. Backups and Data Loss

13.2 Shopify's Backup Systems

Shopify provides some backup functionality, including theme versioning. You are responsible for understanding and utilizing these features.

13.3 Best-Effort Practices

While we follow best practices and take reasonable precautions to avoid data loss, we make no guarantees and accept no liability for any data loss that occurs.

14. Third-Party Services and Dependencies

14.1 Shopify Platform Dependency

Our Services are entirely dependent on the Shopify® platform. We have no control over:

• Shopify platform availability, performance, or uptime
• Shopify's features, APIs, or functionality
• Shopify's pricing, terms, or policies
• Shopify's updates, changes, or deprecations

14.2 Third-Party Apps and Services

If our Services involve third-party apps, integrations, or services:

• You are responsible for complying with their terms of service
• You are responsible for any fees charged by third-party services
• We are not liable for third-party service failures, changes, or discontinuation
• We do not warrant compatibility with all third-party services

14.3 Theme and Code Restrictions

Some Shopify themes have licensing restrictions that limit modifications. You are responsible for ensuring you have the right to modify your theme.

15. Confidentiality

15.1 Mutual Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the course of the service relationship, including:

• Business strategies and plans
• Financial information
• Technical information and processes
• Customer data
• Access credentials

15.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of these Terms
• Was known prior to disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or court order

15.3 Duration

Confidentiality obligations survive for 2 years after termination of the service relationship.

16. Termination

16.1 Termination by Either Party

Either party may terminate the service relationship:

• Before Work Commences: At any time before work begins
• For Cause: Immediately upon material breach by the other party
• For Convenience: With 7 days' written notice

16.2 Payment Upon Termination

• Termination by You: You remain responsible for payment for all work completed to date
• Termination by Us: You will receive a pro-rata refund for work not completed

16.3 Return of Access

Upon termination, we will immediately:

• Cease all work on your store
• Delete all access credentials
• Return any materials you provided
• Destroy confidential information (unless retention required by law)

16.4 Survival of Terms

The following sections survive termination: Intellectual Property, Warranties and Disclaimers, Limitation of Liability, Indemnification, Confidentiality, and Governing Law.

17. Dispute Resolution

17.1 Good Faith Negotiation

If a dispute arises, both parties agree to first attempt to resolve it through good faith negotiation.

17.2 Mediation

If negotiation fails, both parties agree to participate in mediation before pursuing legal action. Mediation costs will be shared equally.

17.3 Legal Action

If mediation fails, either party may pursue legal remedies in accordance with Section 18 (Governing Law and Jurisdiction).

18. Governing Law and Jurisdiction

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand, including:

• Contract and Commercial Law Act 2017
• Consumer Guarantees Act 1993
• Fair Trading Act 1986
• Privacy Act 2020

18.2 Jurisdiction and Venue

Both parties submit to the exclusive jurisdiction of the courts of New Zealand. Venue shall be in either Wellington or Auckland, at the Client's election.

18.3 Consumer Protections

If you are a consumer (not acquiring Services for business purposes), you have rights under New Zealand consumer protection laws that cannot be excluded by these Terms.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any executed quotes or service agreements, constitute the entire agreement between you and CartCure and supersede all prior agreements, understandings, and communications.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

19.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

19.5 Force Majeure

Neither party is liable for failure to perform obligations due to events beyond their reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19.6 Notices

All notices under these Terms must be in writing and sent to:

• For CartCure: info@cartcure.co.nz
• For You: The email address you provided in your service request

Notices are deemed delivered when sent by email (if confirmation of receipt is received).

19.7 Relationship of Parties

You and CartCure are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

19.8 Survival

Provisions that by their nature should survive termination will survive, including: Intellectual Property, Warranties and Disclaimers, Limitation of Liability, Indemnification, Confidentiality, Dispute Resolution, and Governing Law.

20. Changes to These Terms

20.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated "Last Updated" date.

20.2 Notice of Material Changes

For material changes, we will provide notice by:

• Email notification (if we have your email address)
• Prominent notice on our website homepage

20.3 Acceptance of Changes

Your continued use of our Services after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using our Services.

20.4 Version Tracking

We maintain records of previous versions of these Terms. You may request a copy of prior versions by contacting us.

21. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

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By using CartCure's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

We recommend consulting with a lawyer if you have questions about these Terms.

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