Using “topcart” T/A East2West FIT Shop Limited means you agree to shop respectfully and responsibly. Our platform is designed for personal and household use. We strive for transparency and expect the same from our users.

By using topcart’s platform, you confirm your acceptance of these Terms, including any future amendments. If you do not agree with any part of these Terms, please do not use our services. Your continued use of the Platform implies consent and compliance with these Terms in full.

You agree to use the Platform only for lawful purposes and in accordance with applicable Kenyan laws. You are solely responsible for the accuracy of any information you submit and for maintaining the confidentiality of your account. You must not:

1. Provide false, inaccurate, or misleading information.
2. Violate any laws, third-party rights, or our policies.
3. Use the Platform for fraudulent or malicious activities.

By shopping with us, you agree to the following:

Creating Your Account

1. Sign up to enjoy a personalized shopping experience.
2. Keep your login details safe and secure.
3. Ensure your account information is accurate and up to date.
4. You are responsible for all activity under your account.

Shopping and Product Information

1. All items are subject to availability.
2. We aim to provide accurate product descriptions and pricing.
3. If errors occur, we may correct them and cancel affected orders.
4. Prices include applicable taxes unless stated otherwise.

Placing Orders and Making Payments

1. Orders are confirmed once payment is received.
2. We may cancel orders due to stock issues or pricing errors.
3. Use only the approved payment methods listed at checkout.

Delivery and Shipping

1. We aim to deliver your order on time and in good condition.
2. Delivery timelines are estimates and may vary by location.
3. Risk of loss transfers to you once the product is delivered.

Returns and Refunds

1. We offer a shopper-friendly return policy.
2. Check our Return Policy for eligibility and steps.
3. Refunds are processed through your original payment method.

Shopper Conduct

1. Use the platform only for lawful shopping purposes.
2. Do not post harmful, misleading, or offensive content.
3. Avoid interfering with the platform’s functionality or security.

Account security

Users are responsible for maintaining the confidentiality of their account credentials and for all activities under their account. You agree to:

1. Notify topcart immediately of any unauthorized use or breach.
2. Use strong passwords and update them regularly.
3. Log out of your account at the end of each session.

topcart shall not be liable for any loss or damage arising from your failure to comply with this security obligation.

Eligibility

Use of the Platform is limited to individuals who are at least eighteen (18) years of age or of legal age under applicable law and who have the legal capacity to enter into binding contracts. By using the Platform, you represent and warrant that you meet these eligibility requirements. If you are accessing or using the Platform on behalf of a company or other legal entity, you further represent that you have the authority to bind that entity to these Terms.

Your Privacy

We respect your privacy and is committed to protecting your personal data. Our Privacy Policy, which forms part of these Terms, explains how we collect, use, and disclose your information. By using our services, you also agree to the practices described in the Privacy Policy. Please review it here (insert link to Privacy Policy).

Changes to Terms

topcart reserves the right to modify, update, or replace these Terms at any time at its sole discretion. Any changes will be posted on this page with an updated "Last Modified" date. Your continued use of the Platform after any modifications constitutes acceptance of the new Terms. Users are encouraged to periodically review these Terms to stay informed.

Intellectual Property Rights

All content on the Platform—such as logos, product listings, visuals, software, and design—is the property of topcart or its licensors and is protected by intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to access and use the Platform solely for personal, non-commercial purposes. You may not reproduce, modify, distribute, or exploit any part of our content without express written permission from topcart.

User-Generated Content

Users may post reviews, ratings, comments, or upload media, provided such content:

1. Is not defamatory, obscene, or illegal.
2. Does not infringe intellectual property or privacy rights.

By submitting such content, you grant topcart a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such content in any media. topcart reserves the right to remove or moderate user content at its discretion.

Prohibited Activities

Users must not engage in any of the following:

1. Impersonating another individual or entity.
2. Distributing malware, viruses, or harmful code.
3. Using bots, crawlers, or automated systems to access or interfere with the Platform.
4. Harassing, threatening, or abusing other users or topcart staff.
5. Circumventing or attempting to breach platform security features.

Violation of these restrictions may result in termination of access and legal action.

Termination of Service

topcart may suspend or permanently terminate your access to the Platform at any time, without notice, for:

1. Breach of these Terms.
2. Suspicion of fraudulent or illegal activity.
3. Non-compliance with applicable laws or platform policies.

You may also delete your account at any time. Upon termination, your right to use the Platform immediately ceases.

Disclaimers and Limitation of Liability

topcart provides the Platform "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that:

1. The Platform will be error-free or uninterrupted.
2. Products listed are always accurate or available.

topcart shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use or inability to use the Platform, including delays, loss of data, or unauthorized access.

Indemnification

You agree to indemnify and hold harmless topcart, its affiliates, officers, directors, employees, and agents from any claims, demands, losses, liabilities, and expenses, including legal fees, arising out of or related to:

1. Your use of the Platform.
2. Your violation of these Terms or any applicable law.
3. Your infringement of any third-party rights.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. In the event of any dispute arising from the use of the Platform or these Terms:

1. Parties shall first attempt to resolve the dispute amicably through negotiation.
2. If unresolved, disputes shall be submitted to the courts of competent jurisdiction in Nairobi, Kenya.