Terms of Service
Welcome to MyStore. These Terms of Service ("Terms") constitute a legally binding agreement between you and MyStore ("MyStore," "we," "us," or "our"), a platform operating in Belize, governing your access to and use of the MyStore mobile application, website, and related services (collectively, the "Services").
The Services connect three categories of users: Customers, who browse and purchase goods; Stores, independent merchants who list and sell goods through the Services; and Delivery Partners, independent individuals or businesses who provide delivery services through the Services. These Terms are organized into four parts: Part A applies to all users; Part B applies specifically to Customers; Part C applies specifically to Stores; and Part D applies specifically to Delivery Partners. Each part governs the aspects of the Services relevant to that category of user, in addition to the general terms in Part A, which apply to everyone.
General Terms
Applies to all users of the Services — Customers, Stores, and Delivery Partners alike.
A1. Definitions
For the purposes of these Terms:
- "Services" means the MyStore mobile application, website, and all related features, tools, and functionality made available by MyStore.
- "Customer" means any individual who uses the Services to browse, order, or purchase goods.
- "Store" or "Merchant" means any individual or business entity that registers to list and sell goods through the Services.
- "Delivery Partner" means any individual or business entity that registers to provide delivery services through the Services, including solo drivers and fleet operators.
- "Order" means a transaction initiated by a Customer for the purchase of goods from a Store, to be fulfilled and/or delivered through the Services.
- "Subscription" means a recurring paid plan purchased by a Store or Delivery Partner to access the Services, as further described in Parts C and D.
- "Fees" means, collectively, any Subscription fees, transaction fees, add-on fees, or other charges applicable under these Terms.
- "Content" means any text, images, reviews, ratings, or other material submitted to or displayed through the Services.
A2. Eligibility
You must be at least 18 years of age to create an account and use the Services. If you are between the ages of 16 and 18, you may use the Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using the Services, you represent and warrant that you meet these requirements. Stores and Delivery Partners further represent that they have the legal capacity, and, where applicable, the business registration or licensing required under the laws of Belize, to enter into these Terms and to provide the goods or services they offer through the platform.
A3. Account Registration & Security
- You must provide accurate, current, and complete information when registering for an account, and must promptly update such information if it changes.
- You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not authorized by you.
- You must notify MyStore immediately at info@mystore.bz if you become aware of any unauthorized use of your account.
- Login credentials may not be shared with any other person. Each account is intended for use by a single Customer, a single Store, or a single Delivery Partner (or, where applicable, the authorized staff of a Store or Fleet Partner acting under that entity's account, subject to the applicable Subscription plan's staff-login allowance).
- MyStore reserves the right to refuse registration, or to suspend or terminate any account, at its discretion, in accordance with Section A11.
A4. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree that you will not:
- Use the Services for any purpose that is unlawful, fraudulent, or otherwise prohibited by these Terms or by applicable law;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Services, MyStore's systems, or any other user's account;
- Copy, scrape, extract, reproduce, or republish any Content, data, or material from the Services without MyStore's prior written consent;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Upload or transmit any material that is defamatory, obscene, threatening, harassing, or otherwise objectionable; or
- Use the Services in any manner that could damage, disable, overburden, or impair MyStore's systems or infrastructure.
A5. Fraud, Illegal Activity & Enforcement
MyStore takes fraud and illegal activity seriously and reserves the right to investigate, suspend, or terminate any account, and to withhold, offset, or recover any Fees or amounts owed, in connection with any of the following:
- Payment fraud, including the use of stolen, unauthorized, or fraudulently obtained payment methods;
- Chargeback abuse, including disputing legitimate charges with a payment provider or financial institution after having received the corresponding goods or services;
- Refund or credit abuse, including the submission of false, misleading, or manufactured claims regarding damaged, missing, or incorrect items in order to obtain a refund or wallet credit to which the user is not entitled;
- Account fraud, including the creation of multiple or fraudulent accounts to circumvent these Terms, evade suspension, or improperly obtain promotions, credits, or other benefits;
- Any other activity that MyStore, in its reasonable good-faith judgment, determines to be fraudulent, deceptive, or in violation of applicable law.
Where MyStore identifies suspected fraudulent or illegal activity, it may take any action it deems appropriate, including but not limited to: rejecting or reversing a transaction, refund, or credit; withholding or deducting amounts from a pending or future payout; suspending or permanently terminating the account involved; and, where required or appropriate, reporting the activity to relevant law enforcement or regulatory authorities in Belize. MyStore's determination as to whether activity is fraudulent or otherwise prohibited under this Section shall be made in good faith and shall be final.
A6. User Content & Reviews
By submitting any review, rating, comment, photograph, or other Content to the Services, you grant MyStore a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, display, and distribute that Content in connection with operating and promoting the Services. You agree not to submit Content that is false, misleading, defamatory, or that you do not have the right to submit. MyStore reserves the right, but does not assume any obligation, to remove or moderate any Content at its discretion.
A7. Intellectual Property
All intellectual property in the Services — including but not limited to the MyStore name, logo, trademarks, software, application design, and all content created by MyStore — is owned by MyStore or its licensors. Nothing in these Terms grants you any right, title, or interest in MyStore's intellectual property, except for the limited right to access and use the Services in accordance with these Terms. Unauthorized use, reproduction, or distribution of MyStore's intellectual property is strictly prohibited.
A8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MyStore does not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any goods ordered through the Services will meet a Customer's expectations. MyStore does not itself manufacture, prepare, or, except through its Delivery Partners, physically handle the goods sold by Stores, and does not warrant the quality, safety, or legality of goods listed by Stores.
A9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF BELIZE, MYSTORE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF MYSTORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY LIABILITY IS NOT VALIDLY EXCLUDED UNDER APPLICABLE LAW, MYSTORE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO MYSTORE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED BELIZE DOLLARS (BZD $100).
A10. Indemnification
You agree to indemnify, defend, and hold harmless MyStore and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d), in the case of a Store, the goods you list or sell, or, in the case of a Delivery Partner, your conduct in providing delivery services.
A11. Suspension & Termination
MyStore may suspend or terminate your access to the Services, in whole or in part, at any time and at its discretion, including but not limited to circumstances involving: a violation of these Terms; suspected fraud or illegal activity as described in Section A5; non-payment of applicable Fees; conduct that MyStore determines, in good faith, to be harmful to other users, to MyStore, or to the integrity of the Services; or a request from a competent legal or regulatory authority. Where an account is suspended or terminated for cause, MyStore may withhold or forfeit associated benefits to the extent permitted under Parts C and D, but this shall not affect a Store's or Delivery Partner's entitlement to amounts already earned and payable under Sections C4 or D4, except to the extent such amounts are subject to withholding under Section A5 or Sections C6/D6.
You may close your account and stop using the Services at any time. Closing an account is separate from cancelling a Subscription, which is governed by Sections C2 and D2.
A12. Governing Law & Dispute Resolution
These Terms, and any dispute arising out of or in connection with them or the Services, shall be governed by and construed in accordance with the laws of Belize, without regard to its conflict-of-law principles. Any dispute that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Belize. Before initiating any formal legal action, you agree to first contact MyStore at info@mystore.bz to attempt to resolve the dispute informally.
A13. Changes to These Terms
MyStore may revise these Terms at any time. Where a change is material, MyStore will make reasonable efforts to notify users, such as by posting a notice within the Services or updating the "Last Updated" date at the top of this page. Your continued use of the Services after any change to these Terms takes effect constitutes your acceptance of the revised Terms. If you do not agree to a revised version of these Terms, you must stop using the Services.
A14. General Provisions
- Entire Agreement. These Terms, together with MyStore's Privacy Policy and any plan-specific terms referenced herein, constitute the entire agreement between you and MyStore regarding the Services.
- Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver. MyStore's failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
- Assignment. You may not assign or transfer your rights under these Terms without MyStore's prior written consent. MyStore may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Independent Contractors. Stores and Delivery Partners are independent businesses or independent contractors, and nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between MyStore and any Store or Delivery Partner.
A15. Data Retention & Archiving
To ensure the performance, efficiency, and security of the Services, MyStore implements a standard data retention policy for transaction records:
- 4-Month Active History: The Services will display your active order and transaction history for a rolling period of four (4) months.
- Archiving & Deletion: Orders and transactions older than four (4) months are routinely archived and permanently purged from our active databases.
- Your Responsibility: While MyStore may periodically email automated CSV data exports to Stores and Delivery Partners, it is solely your responsibility to export and retain your own records for accounting, tax, and compliance purposes. MyStore assumes no liability for the loss or deletion of data once it has exceeded this 4-month retention period.
A16. Contact Us
Questions about these Terms may be directed to: info@mystore.bz
Customer Terms
Applies specifically to Customers who use the Services to order and purchase goods, in addition to the General Terms in Part A.
B1. Orders & Payments
Orders placed through the Services are fulfilled by independent Stores, not by MyStore. Prices, product availability, and descriptions are set by each Store and may change without notice. MyStore acts as a payment collection intermediary between Customers, Stores, and Delivery Partners; MyStore is not the seller of record for goods listed by Stores. All payments are processed at the time an Order is placed and, except as provided in Section B3, are final once processed.
B2. Delivery of Goods
- Estimated delivery times shown in the Services are estimates only and are not guaranteed. Actual delivery times may vary due to traffic, weather, order volume, Store preparation time, or other factors outside MyStore's control.
- You must be available at the delivery address provided, or make reasonable alternative arrangements, at the estimated time of delivery. MyStore and its Delivery Partners are not responsible for delays or failed deliveries caused by your unavailability or by inaccurate address information provided by you.
- An Order is considered delivered when it has been handed to you, left at the delivery location in accordance with any delivery instructions you provided, or otherwise confirmed as delivered within the Services (for example, through a delivery confirmation, photograph, or code), regardless of whether you personally observed the moment of delivery.
- You are encouraged to inspect goods promptly upon delivery. Any issue with an Order must be reported in accordance with Section B3.
B3. Refunds & Returns Policy
a. Non-Refundable Items
Except as provided in Section B3(b), the following are not eligible for a refund once an Order has been delivered: opened food or beverage items, fresh produce and perishable goods, personal care and hygiene products, and any item marked as "final sale" at the time of purchase.
b. Refund-Eligible Cases
You may be eligible for a refund or MyStore Wallet credit if an Order arrives damaged, incorrect, or incomplete (missing items), provided that:
- You report the issue through the Services, or to info@mystore.bz, within twenty-four (24) hours of the Order being marked as delivered; and
- You provide photographic evidence of the damaged, incorrect, or incomplete Order at the time of reporting.
Claims submitted after this 24-hour window, or without photographic evidence, may be denied at MyStore's discretion. MyStore will determine, in good faith, whether an issue arose before handoff to the Delivery Partner (a Store-side issue) or during transit (a Delivery Partner-side issue) for internal accountability purposes; this determination does not affect your entitlement to a refund or credit under this Section, which is owed regardless of which party was at fault.
c. Delivery Failures
No refund will be issued where a delivery could not be completed due to your unavailability at the delivery location, or due to inaccurate or incomplete address information provided by you.
d. Refund Method
Approved refunds are issued as credit to your MyStore Wallet. You may request to cash out your Wallet balance to your bank account or other supported payment method by contacting info@mystore.bz; cash-out requests are processed in accordance with Section B4.
e. Abuse & Disputes
MyStore may reject any refund claim it reasonably suspects to be fraudulent, exaggerated, or submitted in bad faith, in accordance with Section A5. Refund decisions made by MyStore under this Section are final, without prejudice to your rights under applicable Belizean consumer protection law.
B4. MyStore Wallet & Credits
The MyStore Wallet is an in-app balance that may be used toward future Orders or, upon request, cashed out to a supported external payment method. Wallet balances are non-transferable between accounts and may only be used or withdrawn by the account holder. MyStore may void or withhold Wallet credit obtained through fraudulent, abusive, or otherwise improper means, in accordance with Section A5. Cash-out requests are subject to identity verification and to any processing time reasonably required by MyStore or its payment partners.
B5. Customer Cancellations
You may cancel an Order prior to its acceptance or preparation by the Store, subject to the cancellation window (if any) shown within the Services at the time of your Order. Once a Store has begun preparing an Order, or once it has been handed to a Delivery Partner, cancellation may no longer be available, and the Order will instead be subject to the refund provisions of Section B3. This Section governs the cancellation of individual Orders and is separate from the cancellation of a Store's or Delivery Partner's Subscription, which is addressed in Sections C2 and D2.
B6. Customer Fraud & Abuse
In addition to the enforcement rights described in Section A5, MyStore may limit, suspend, or terminate a Customer's ability to place Orders, request refunds, or use the MyStore Wallet where MyStore reasonably determines that the Customer has engaged in a pattern of excessive or unsubstantiated refund claims, chargeback abuse, or other conduct inconsistent with good-faith use of the Services.
Store (Merchant) Terms
Applies specifically to Stores that register to list and sell goods through the Services, in addition to the General Terms in Part A.
C1. Subscription & Fees
Access to list and sell goods through the Services requires an active paid Subscription. MyStore offers Subscription plans on either a monthly or annual billing cycle, as selected by the Store at signup. Current plan tiers, features, and fees are published on MyStore's Pricing page and are incorporated into these Terms by reference. By subscribing, the Store agrees to pay the fees applicable to its selected plan and billing cycle, to be billed automatically to the Store's saved payment method at the start of each billing period.
MyStore may change the fees, features, or availability of any Subscription plan at any time. Where such a change affects an existing subscriber, MyStore will provide at least thirty (30) days' advance notice before the change takes effect on that Store's account. Continued use of the Services, or continued payment of Subscription fees, after such a change takes effect constitutes acceptance of the new fees.
C2. Cancellation of Subscription
- A Store may cancel its Subscription at any time through its account settings or by contacting info@mystore.bz.
- Cancellation takes effect at the end of the Store's current paid billing period. The Store's Subscription, and its associated access to the Services, will remain active through the end of that period.
- No refund, in whole or in part, will be issued for the remaining or unused portion of a billing period following cancellation, regardless of when during that period the cancellation is requested.
- Once the current paid period ends, the Store will not be billed again, and its Subscription will not renew.
- For Stores on annual billing, cancellation mid-year follows the same principle: the Subscription remains active through the end of the annual period already paid for, with no partial or prorated refund for the unused remainder of that year.
- This Section governs voluntary cancellation by the Store. Suspension or termination of a Subscription by MyStore for cause is governed separately by Section C7.
C3. Transaction Fees on Sales
In addition to the Subscription fee, MyStore charges a transaction fee on each completed sale processed through the Services. The applicable transaction fee rate is published on MyStore's Pricing page and is incorporated into these Terms by reference. The transaction fee is calculated as a percentage of the value of each completed sale and is deducted from the amount payable to the Store before disbursement, as described in Section C4. Transaction fees are charged only on completed, realized sales; no transaction fee is charged where no sale occurs.
C4. Payouts
- All Customer payments for goods are collected by MyStore. A Store's earnings from completed sales, net of the applicable transaction fee, are made available to the Store as a payout balance within its MyStore portal.
- A Store may request payout of its available balance at any time through the "Request Payout" feature within its portal.
- Payouts will be processed and disbursed to the Store's registered bank account or other supported payment method within three to five (3–5) business days of the payout request.
- A minimum payout threshold, as published within the Store portal or on the Pricing page, applies to payout requests. Balances below this threshold will accumulate until the threshold is met.
- Each payout will be accompanied by a statement showing gross sales, transaction fees deducted, any amounts withheld or deducted under Section C6 or Section A5, and the resulting net payout amount.
- The cancellation, suspension, or termination of a Store's Subscription does not forfeit amounts already earned by the Store through completed sales. Such amounts remain payable in accordance with this Section, subject only to withholding under Section A5 or Section C6.
C5. Store Obligations
- Maintain accurate, current, and lawful product listings, including accurate pricing, descriptions, and availability;
- Hold all licenses, permits, and registrations required under the laws of Belize to sell the goods listed;
- Prepare and package Orders appropriately for handoff to a Delivery Partner, and ensure goods are in proper condition prior to handoff;
- Fulfil accepted Orders in a timely manner consistent with the estimated preparation times shown in the Services;
- Cooperate with MyStore in good faith in connection with any Customer refund claim, fraud investigation, or dispute; and
- Comply with all applicable food safety, health, and consumer protection laws applicable to the goods sold.
C6. Liability for Order Issues
Where a Customer receives a refund or credit under Section B3 in connection with an Order from the Store, responsibility for the cost of that refund will be allocated as follows, based on MyStore's good-faith determination of the cause:
- Where the issue arose from an incorrect, missing, or damaged item at the time of handoff to the Delivery Partner (i.e., before or at pickup), the cost of the resulting refund will be deducted from the Store's future payout under Section C4.
- Where the issue is determined to have arisen during transit, after proper handoff to the Delivery Partner, responsibility is allocated to the Delivery Partner under Section D6, and no deduction will be made from the Store's payout on that basis.
- Where MyStore cannot reasonably determine whether an issue arose before or after handoff, MyStore will make a good-faith determination based on the available evidence; that determination is final.
This Section addresses the internal allocation of refund costs between MyStore, the Store, and the Delivery Partner. It does not affect a Customer's entitlement to a refund under Section B3, which is owed regardless of fault.
C7. Suspension & Termination
In addition to MyStore's general rights under Section A11, MyStore may suspend or terminate a Store's account and Subscription for: repeated or serious violations of Section C5; a pattern of Customer complaints, refund claims, or poor ratings that MyStore reasonably determines reflects a failure to meet the obligations of this Part; non-payment of Subscription or other Fees; or suspected fraud under Section A5. Where a Subscription is terminated for cause, the Store is not entitled to a refund of any prepaid Subscription Fees, without prejudice to the Store's right to receive amounts already earned through completed sales under Section C4.
Delivery Partner Terms
Applies specifically to Delivery Partners who register to provide delivery services through the Services, in addition to the General Terms in Part A.
D1. Subscription & Fees
Access to accept and fulfil deliveries through the Services requires an active paid Subscription. MyStore offers Subscription plans on either a monthly or annual billing cycle, as selected by the Delivery Partner at signup, including plans for solo drivers and for fleet operators managing multiple drivers. Current plan tiers, features, and fees are published on MyStore's Pricing page and are incorporated into these Terms by reference. By subscribing, the Delivery Partner agrees to pay the fees applicable to its selected plan and billing cycle, to be billed automatically to the Delivery Partner's saved payment method at the start of each billing period.
MyStore may change the fees, features, or availability of any Subscription plan at any time. Where such a change affects an existing subscriber, MyStore will provide at least thirty (30) days' advance notice before the change takes effect on that Delivery Partner's account. Continued use of the Services, or continued payment of Subscription fees, after such a change takes effect constitutes acceptance of the new fees.
D2. Cancellation of Subscription
- A Delivery Partner may cancel its Subscription at any time through its account settings or by contacting info@mystore.bz.
- Cancellation takes effect at the end of the Delivery Partner's current paid billing period. Access to the Services will remain active through the end of that period.
- No refund, in whole or in part, will be issued for the remaining or unused portion of a billing period following cancellation, regardless of when during that period the cancellation is requested.
- Once the current paid period ends, the Delivery Partner will not be billed again, and its Subscription will not renew.
- For Delivery Partners on annual billing, cancellation mid-year follows the same principle: the Subscription remains active through the end of the annual period already paid for, with no partial or prorated refund for the unused remainder of that year.
- For Fleet Partner plans, cancellation of the underlying Subscription applies to the account as a whole; the Fleet Partner is responsible for managing the status of any individual drivers operating under its account.
- This Section governs voluntary cancellation. Suspension or termination of a Subscription by MyStore for cause is governed separately by Section D7.
D3. Transaction Fees on Deliveries
In addition to the Subscription fee, MyStore charges a transaction fee on each completed delivery processed through the Services. The applicable transaction fee rate is published on MyStore's Pricing page and is incorporated into these Terms by reference. The transaction fee is calculated as a percentage of the applicable delivery earnings and is deducted from the amount payable to the Delivery Partner before disbursement, as described in Section D4. Transaction fees are charged only on completed deliveries; no transaction fee is charged where no delivery is completed.
D4. Payouts
- Customer and Store payments relating to delivery services are collected by MyStore. A Delivery Partner's earnings from completed deliveries, net of the applicable transaction fee, are made available as a payout balance within its MyStore portal.
- A Delivery Partner may request payout of its available balance at any time through the "Request Payout" feature within its portal.
- Payouts will be processed and disbursed to the Delivery Partner's registered bank account or other supported payment method within three to five (3–5) business days of the payout request.
- A minimum payout threshold, as published within the portal or on the Pricing page, applies to payout requests. Balances below this threshold will accumulate until the threshold is met.
- Each payout will be accompanied by a statement showing gross delivery earnings, transaction fees deducted, any amounts withheld or deducted under Section A5 or Section D6, and the resulting net payout amount.
- The cancellation, suspension, or termination of a Delivery Partner's Subscription does not forfeit amounts already earned through completed deliveries. Such amounts remain payable in accordance with this Section, subject only to withholding under Section A5 or Section D6.
D5. Delivery Partner Obligations
- Hold a valid driver's license and any other license, permit, or insurance required under the laws of Belize to operate as a delivery provider;
- Handle all goods in transit with reasonable care, including any goods requiring temperature control or special handling;
- Complete accepted deliveries within a reasonable time and in accordance with any delivery instructions provided by the Customer;
- Accurately confirm delivery completion within the Services;
- Cooperate with MyStore in good faith in connection with any Customer refund claim, fraud investigation, or dispute; and
- For Fleet Partners, ensure that all drivers operating under the Fleet Partner's account comply with this Section and with these Terms generally.
D6. Liability for Delivery Issues
Where a Customer receives a refund or credit under Section B3 in connection with an Order that was affected by an issue occurring during transit, after proper handoff from the Store to the Delivery Partner (for example, mishandling, delay-related spoilage, an item damaged in the course of delivery, or the conduct of a driver engaged by the Delivery Partner), MyStore will, based on a good-faith review of the available evidence, including any photographs, delivery confirmations, and other relevant information, determine whether the issue is attributable to the Delivery Partner or, under Section C6, to the Store.
Where MyStore determines the issue is attributable to the Delivery Partner, MyStore may, at its discretion and depending on the nature and severity of the issue:
- deduct from the Delivery Partner's future payout under Section D4 an amount not exceeding the delivery fee earned by the Delivery Partner on that specific Order — this deduction is limited to that delivery fee and is never the full amount of the refund or credit issued to the Customer; or
- decline to make any payout deduction for that Order and instead treat the matter as relevant to the Delivery Partner's account standing under Section D7.
A Delivery Partner is not required to personally reimburse MyStore or the Customer beyond any deduction made under the first bullet above. Repeated or serious instances of damage, loss, or delivery failure attributable to the Delivery Partner will be treated primarily as a matter of account standing under Section D7, and may result in suspension or termination under that Section independent of whether a payout deduction was made for any individual incident.
This Section addresses the internal allocation of refund costs between MyStore, the Store, and the Delivery Partner. It does not affect a Customer's entitlement to a refund under Section B3, which is owed regardless of fault, and is separate from any liability relating to traffic accidents or bodily injury, which is not addressed by these Terms. The Delivery Partner is solely responsible for the conduct of any drivers it engages to fulfill deliveries, and these Terms do not create a separate contractual relationship between MyStore and any individual driver.
D7. Suspension & Termination
In addition to MyStore's general rights under Section A11, MyStore may suspend or terminate a Delivery Partner's account and Subscription for: repeated or serious violations of Section D5; a pattern of delivery-related complaints, damage incidents, or poor ratings that MyStore reasonably determines reflects a failure to meet the obligations of this Part; non-payment of Subscription or other Fees; or suspected fraud under Section A5. Where a Subscription is terminated for cause, the Delivery Partner is not entitled to a refund of any prepaid Subscription Fees, without prejudice to the Delivery Partner's right to receive amounts already earned through completed deliveries under Section D4.
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