Store Agreement & Liability Protections
This Store Agreement applies to every business that uses Return My Cart to receive cart-return services ("Stores"). It is incorporated into the Terms and Conditions.
1. Stores Are Not Employers of Workers
Workers who use the Return My Cart platform are independent third parties. They are not employees, agents, contractors, partners, or representatives of any Store. Stores do not direct, supervise, schedule, train, equip, or control Workers, and Stores have no obligation to do so. Stores are not responsible for Workers' transportation to or from the Store, their breaks, their compensation, or their tax reporting.
2. No Premises Liability for Worker Conduct
Stores allow Workers to traverse publicly accessible Store property solely for the limited purpose of locating and returning stray carts. Workers enter and remain on the property at their own risk. Stores do not warrant the condition of any parking lot, cart corral, sidewalk, or other area, and do not assume any heightened duty of care to Workers beyond that owed to ordinary business invitees under applicable law.
3. Return My Cart Risk Allocation; Indemnity to Stores
To the maximum extent permitted by law, Return My Cart will defend and indemnify Stores from third-party claims that arise solely and directly from (a) Return My Cart's gross negligence or willful misconduct in operating the platform, or (b) a Worker's violation of the Worker Guidelines while performing a cart-return submitted through the platform, subject to the limits in Section 10 of the Terms and Conditions. This is the Store's sole and exclusive remedy related to Worker conduct on the platform.
Workers separately agree to indemnify and hold harmless Stores under the Worker Guidelines for damages or injuries caused by the Worker.
4. Store Responsibilities
- Provide accurate Store location, contact, and cart-corral information.
- Maintain a positive account balance sufficient to pay for accepted cart returns and platform fees.
- Review submissions in good faith; disputes must be raised promptly and with reasonable evidence.
- Do not direct, hire, schedule, or treat Workers as Store employees. Do not assign Workers any task beyond returning carts.
- Comply with all applicable laws governing your property, signage, and parking lots.
5. Cart Ownership and Recovery
Stores represent that they own or have authority over the carts they request to be returned. Return My Cart does not transfer title to, or take possession of, any cart at any time. Workers physically handle carts solely as a courtesy to the Store and not as a bailee of Return My Cart.
6. Disputes and Reversals
Stores may dispute a submission within a reasonable time (generally 72 hours) by providing evidence (e.g., security camera footage, written description). Return My Cart may, at its discretion, reverse credits, refund the Store, or take action against a Worker's account based on the evidence. Return My Cart's resolution is final for platform purposes, but does not waive either party's other legal rights.
7. Fees and Taxes
- Per-submission rates and platform fees are presented in the Store dashboard at the time of activation and may be updated with notice.
- Funded balances are non-refundable except as required by law or for unused balance upon account closure, less any owed amounts.
- Stores are responsible for any sales or use tax applicable to their use of the Service.
8. Insurance
Return My Cart recommends, but does not require, that Stores maintain commercial general liability insurance appropriate for their premises. Return My Cart does not insure Stores or Workers and is not a named insured under any Store's policy.
9. Limitation of Liability
Return My Cart's total cumulative liability to a Store for all claims relating to the Service is limited as described in Section 10 of the Terms and Conditions. Under no circumstance is Return My Cart liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill.
10. Termination
Either party may terminate this Agreement at any time by closing the Store account. Unused, undisputed balance will be refunded after deduction of any platform fees and amounts owed. Sections 1 through 11 survive termination.
11. Governing Law and Venue
This Agreement is governed by the laws of the State of Nevada. The exclusive venue for any dispute is the state or federal courts located in Clark County, Nevada (Las Vegas), and the parties consent to personal jurisdiction in those courts.
12. Contact
Questions about this Agreement can be sent to support@returnmycart.com.