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Terms & Conditions

Terms of Use

Last Modified: 10/14/2025

 

Acceptance of the Terms of Use

 

These terms of use are entered into by and between You and TradeKart, LLC (“TradeKart,” “we,” or “us”). The following terms and conditions (“Terms of Use”), govern your access to and use of the website located at [web address] (the “Platform”), our mobile application (the “App”, together with the Platform, the “Platform”), or any goods, content, functionality, and services made available through the Platform (collectively, the “Services”), whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the Platform. By clicking “accept” when presented with these Terms of Use, or by otherwise accessing or using the Platform you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

 

This Platform is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with TradeKart and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

 

Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Merchant Products and Delivery Services

 

The Platform connects you with local Merchants so you can order their products (“Products”), which are then picked up from the Merchant and delivered by us (the “Services”) to you! Products offered through the Services are subject to change without notice.

 

A valid payment method, including credit card, is required to process the payment for the Products and Services. You should provide TradeKart, Merchants, and its service providers with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize TradeKart or its service providers to charge all fees for the Products and Services incurred through your account to the credit card provided. You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

 

Our Service is geo-fenced

The App will display Product pricing and availability specific to your delivery location. TradeKart also offers delivery slots available to fulfil any order(s) you place with any Merchant(s). If you are outside of a geo-fenced area in which TradeKart is operating (or all delivery slots are taken) you will not be able to place an order.

 

Pricing, Discounts & Payment

Prices are in real time, as determined by the Merchant and do not include any due sales tax. When placing an order, you will also choose an available delivery slot. The total price for your order, including any delivery charge, will be shown on the checkout page. Discount codes may be added at that time. Payment is finalized in the App via credit/debit card or other available payment option (e.g., Apple Pay); after which you will receive a confirmation notice and be able to track the progress of the delivery.


Discount and promotional codes may be issued to customers by TradeKart at specific times throughout their customer lifecycle. These codes are not transferable and may only be used by the customer who was issued the code. Should TradeKart believe that promotional and discount codes are being used outside of their intended use, outlined within these Terms, TradeKart reserves the right to suspend all accounts associated with the misuse of specific promotional codes with immediate effect.

 

Delivery

You must be available to receive the order during the chosen delivery window selected at checkout. If, for any reason, you are unable to take receipt of the delivery please contact us as soon as possible via the App. Equally, if for any reason our TradeKart Driver is delayed, we will notify you as soon as possible & make every effort to minimize any inconvenience you may encounter as a result.


In the event that a recipient is unavailable to receive the delivery within the service timeframe, and the delivery driver has not been able to reach the end recipient using the provided details, the driver will return the item to the Merchant. In such cases, customers may request a refund of the list price of the Products ordered or arrange for re-delivery at a later time. Delivery fees are non-refundable and will not be reimbursed.


Across our national network of delivery partners, we endeavor to assign an appropriate vehicle for your delivery within the delivery window selected. In the unlikely event that we are unable to source a courier for your delivery, we will update you, cancel the order, and process a refund.

 

Cancellation

You may cancel an order on the App for a full refund (including any applicable delivery charge) anytime up until it is dispatched. After an order has been dispatched, in App cancellation is not available and you will need to take delivery of the ordered items and then return unwanted items to the applicable Merchant. Any refund for the Products will be subject to the Merchant’s refunds policy. Any applicable delivery charge paid to TradeKart for delivery of the Products are non-refundable. If promotional offers and discount codes are used for orders that are cancelled or not fulfilled, refunds will be offset by the value of the discount code or promotion.

 

Remedial action

Any issues with an order must be reported to TradeKart within 24 hours of delivery or attempted delivery. Failure to do so may limit our ability to assist, including offering refunds or resolutions.

 

In keeping with your rights to receive goods that are of satisfactory quality & comply with their description, please advise us if you receive a delivery that fails to meet these rights. TradeKart commits to working with you to find a suitable remedy. For your part we may require certain information to be provided, such as photo if an item is suffering from a defect that is visible. Actions that TradeKart may take, include issuing of a discount code redeemable against a future purchase, part refund, replacement of item(s) or full refund.

 

Information About You and Your Use of the Platform

All information we collect on or through the Platform is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Accessing the Platform and Account Security

 

We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Prohibited Uses

 

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  •   In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  •   For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  •   To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the policies out in these Terms of Use or applicable law.
  •   To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  •   To impersonate or attempt to impersonate TradeKart, a TradeKart employee, another user, or any other person or entity (including, without limitation, by using email addresses or other online aliases associated with any of the foregoing).
  •   To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm TradeKart or users of the Platform, or expose them to liability.

Additionally, you agree not to:

  •   Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
  •   Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  •   Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  •   Use any device, software, or routine that interferes with the proper working of the Platform.
  •   Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  •   Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  •   Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  •   Otherwise attempt to interfere with the proper working of the Platform.

 

Intellectual Property Rights

 

As between TradeKart and you, the Platform’s entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by TradeKart, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither the Platform or any materials available through the Platform may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without TradeKart’s prior written permission and the prior written permission of TradeKart’s applicable licensors. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use the Platform and the Services on any compatible device that you own or control. You must abide by all copyright notices, information, or restrictions contained in or attached to the Platform or any materials available through the Platform and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms grants you any right to receive or to obtain access to the Platform except as generally and ordinarily permitted through the Services according to these Terms. Furthermore, except for the limited license above, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, any other license or ownership rights to the Platform. TradeKart’s name and all related names, logos, product and service names, designs, and slogans are trademarks (“Marks”) of TradeKart or its affiliates or licensors. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use the Marks. Any use of third party software provided in connection with the Platform will be governed by such third parties’ licenses and not by these Terms.

Copyright Infringement

 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;     
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Copyright Agent: Copyright Manager

Phone: 615-525-1595

Email: dmca@tradekart.com

It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

 

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

 

This Platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TradeKart, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TradeKart. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Platform

 

We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Platform

 

All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Links from the Platform

 

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

 

The owner of the Platform is based in the State of Illinois in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE PLATFORM, ITS CONTENT, PRODUCTS, THE SERVICES, ITEMS OR ANY SERVICES OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. TRADEKART IS NOT A PRODUCT MANUFACTURER, DISTRIBUTOR OR RESELLER. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR PRODUCTS, OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRADEKART NOR ANY PERSON ASSOCIATED WITH TRADEKART MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM, ITS CONTENT, PRODUCTS, GOODS, THE SERVICES, OTHER ITEMS OR ANY SERVICES OBTAINED THROUGH THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER TRADEKART NOR ANYONE ASSOCIATED WITH TRADEKART REPRESENTS OR WARRANTS THAT THE PLATFORM, THE APP, ITS CONTENT, OR ANY SERVICES OR PRODUCTS, OR OTHER ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, TRADEKART HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR THAT ARE PROVIDED TO A CUSTOMER BY A MERCHANT.

 

Limitation on Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TRADEKART, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, THE APP,  ANY WEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT ON THE PLATFORM, THE APP, OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless TradeKart, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.

 

Governing Law and Jurisdiction

 

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and County of Cook, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

 

No waiver by TradeKart of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TradeKart to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

 

The Terms of Use, the Purchase Terms and Conditions, and our Privacy Policy constitute the sole and entire agreement between you and TradeKart regarding the Platform, the purchase of Products, the Subscription Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform and the purchase of Products or the Subscription Services from TradeKart.

 

Your Comments and Concerns

 

The Platform is operated by TradeKart, LLC

 

All notices of copyright infringement claims should be sent to the Copyright Agent designated in the Copyright Infringement section in these Terms of Use in the manner and by the means set out therein.

 

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: hello@tradekart.com