Last Updated: March 20th, 2021
You may use the Site for your personal, noncommercial use only. You may not use the Site to split the purchase price of goods you sell or intend to re-sell to others. You may not use the Site to purchase goods as part of a raffle, auction, or other like commercial activity. You may not use the Site if you are under the age of 18. Further, you may not use the Site in any manner that conflicts with any applicable law. HannDev, LLC is not a financial institution, credit card/debit card processor, acquirer, money transmitter, payment aggregator, or other like financial institution.
We try to be as accurate as possible with the information we present on the Site. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change. We cannot confirm the availability or price of an item until you place your order and all Splitters contributing to the required payment amount each Splitter has agreed to and successfully remitted full payment of their portion of the purchase, including without limitation, any sales tax, shipping costs, and other fees. Despite our best efforts, sometimes an item listed for sale online may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order, modify the price, or we may contact you for instructions on the order.
Splitcart and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. Splitcart makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. SPLITCART ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
A. Submitting Content and Ideas
B. Splitcart Rights to Use Content and Ideas
You grant to Splitcart a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Splitcart is free to use any Ideas for any purpose. Splitcart may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Splitcart is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Splitcart the right to use any name associated with any Content or Idea that you make available to Splitcart, although Splitcart has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
C. Prohibited Content
You agree that you will not make available Content in connection with the Splitcart Site that:
D. Additional Collection of Data.
In order to test and help Splitcart, its partners, and third party developers improve their products and services, and unless you opt out as set forth below, you acknowledge that Splitcart and its subsidiaries and agents will be collecting, using, storing, processing and analyzing (collectively, “Collecting”) diagnostic, technical, and usage logs and information from your computers that are accessing the Site. This information will be Collected in a form that does not personally identify you and may be Collected from such computers at any time. The information that would be Collected includes, but is not limited to, general diagnostic and usage data, various unique system or hardware identifiers, information about your computer, system and application software, and peripherals, and, if Location Services is enabled, the real-time geographic location of your computer and location search queries. By installing or using the Site on your computer(s) and/or device(s), you acknowledge and agree that Splitcart has your permission to Collect all such information and use it as set forth above.
The Sites may make available listings, descriptions, and images of goods (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products for children’s use; however, these Products are intended for sale to adults.
Splitcart has no liability to you for content on the Splitcart Site that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Splitcart is not responsible for and cannot guarantee the performance of goods purchased on the Site.
While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the Splitcart Site, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Splitcart’s return policy.
It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
Generally, we’ll charge your payment method for an item at the time of sale, once You (if buying alone) or You and all Splitters have contributed the necessary payment amounts. However, we may preauthorize your order amount with your credit card, credit account, or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we may debit your card when you place the pre-order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your Splitcart.com account or your Splitcart App account. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Splitcart Site. You agree that Splitcart is not a party to any such agreement, nor is Splitcart responsible for the content, accuracy, or unavailability of any method used for payment.
In addition to any other remedies available to it, Splitcart may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Splitcart returns policy.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Splitcart cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Splitcart Site or App. Splitcart reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Splitcart. Splitcart may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Site and in the Splitcart App. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we have already charged you for, we’ll refund you the full amount of the canceled portion of the order.
Products will be shipped to an address designated by you for the receiver of the good, so long as such address is complete and complies with the shipping restrictions contained on the Splitcart Site as well as all other shipping restrictions imposed by applicable law. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the Splitcart Site to addresses outside the United States is prohibited. Some Products also have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
A. If the Selected Split Good is not Paid in Full. If an Originator is splitting the purchase of a specified good with one or more other Splitters and a given Splitter or Splitters do/does not elect to contribute to the purchase (or otherwise does not pay the total amount owed by that Splitter), the Originator will have the opportunity to (1) elect to pay the total outstanding balance due on the purchase (and complete the transaction); (2) add an additional possible splitter to the campaign; or (3) elect to cancel the purchase and refund the money owed to the Originator and any Splitters.
B. Once a purchase is completed, in order to receive a refund, the product must be returned to and received by the retailer (or its designated agent as listed on any return receipt or shipping paperwork) within 30 days from the day the order is processed, and the product must be unused and in its original unopened packaging. Any claim that the good was delivered damaged must be supported by proof of damage at the time of delivery. You should email email@example.com to begin the refund process. Funds will be in the form of a credit to the receiver that the receiver may only use on the Site. You are responsible for any return shipping costs.
All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and HannDev owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The HannDev logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by HannDev and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
You may interact with the Site in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant HannDev a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow HannDev to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
If you believe that your copyrighted material may have been infringed, please provide the HannDev Copyright Agent with the following information in writing:
HannDev’s designated agent to receive notifications of claimed infringement can be reached by:
Mail: HannDev – DMCA Staff
3480 Glenbrook Circle N_
Bettendorf IA, 52722____
Phone: (877) 851-0053_____
Unless otherwise required by controlling law, the receipt of all communications from you shall not be deemed received by us unless we provide confirmation of receipt in writing.
For additional information regarding this procedure, please reference 17 USC 512.
No license, right, title, or interest in the Splitcart Site or any Materials is transferred to you as a result of your use of the Splitcart Site or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Splitcart Site. The Splitcart Site and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Splitcart Site and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Splitcart Site and Materials is the exclusive property of Splitcart (and/or Splitcart’s affiliates) and is also protected by U.S. and international copyright laws. Hanndev, LLC and the Splitcart names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Splitcart Site are trademarks or trade dress Splitcart in the U.S. and other countries. All other marks are the property of their respective companies.
Portions of the Splitcart Site may include third party software and other copyrighted material and your use of such material is governed by such respective terms. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and Splitcart shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
TO THE MAXIMUM EXTENT PERMITTED BY THE CONTROLLING LAW, HANNDEV PROVIDES THE SITE AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH THE SITE IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HANNDEV WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITE OR HANNDEV’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
You certify that the Content you provide on or through the Splitcart Site is accurate and that the information you provide on or through the Splitcart Site is complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. Splitcart is not responsible for any losses arising out of the unauthorized use of your account. You agree that Splitcart does not have any responsibility if you lose or share access to your device. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Splitcart Site or any portion of the Splitcart Site, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Splitcart Site or any portion of the Splitcart Site.
This Agreement does not grant you the right to disclose, reproduce, distribute, modify or create derivative works of the Splitcart Site and/or App. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of the Splitcart Site.
D. ARBITRATION PROCEDURES: You and HannDev agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. You and HannDev will equally split the cost of arbitration unless otherwise required by controlling law and/or the rule of the arbitration association. To the extent required by controlling law or the rules of the arbitration association, HannDev will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, HannDev agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against HannDev, the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
E. TIME LIMITATIONS: If you or HannDev want to assert a dispute against the other, the party with the dispute must initiate arbitration within one (1) year from the date the dispute arose. Absent commencing the arbitration within one (1) year from the date the dispute arose, the Dispute(s) will be forever barred.
F. SEVERABILITY: If any part of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” section shall remain in full effect and construed and enforced as if the portion rule unenforceable were not contained herein.
H. INJUNCTION: NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN IOWA SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN IOWA COURT TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
IF YOU RELY ON THE SITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE SITE. THE SITE IS PROVIDED TO YOU “AS IS.” HANNDEV AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE SITE). NOR DO WE OR THEY GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HANNDEV AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE SITE BY YOU OR ANY THIRD PARTY.
UNDER NO CIRCUMSTANCES WILL HANNDEV OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF HANNDEV AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE SITE.
TO THE LIMITED EXTENT THAT A CONTROLLING JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT, THEN, ONLY IN SUCH INSTANCE IS IT POSSIBLE THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
You and Splitcart both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and HannDev explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be solely and exclusively construed in accordance with the laws of the State of Iowa, without regard to its choice of laws rules.