Privacy Notice and Terms and Conditions
These Terms and Conditions (“Terms”), together with the Privacy Policy, Data Processing Agreement, Referral Program Agreement, Accessibility Policy Statement, Data Retention and Storage Policy, Third-Party Management and Vendor Policy, and any schedules or addenda incorporated by reference (collectively, “Agreement”), govern access to and use of the rhinoqr.com website (“Website”), mobile application (“App”), application programming interfaces (“APIs”), and related features, products, and services (collectively, the “Platform”).
The Platform is operated by RhinoQR Corp., a Florida Corporation (“Company”, “we”, “us”, or “our”).
By accessing, browsing, registering for, or using the Platform in any manner, you (“you” or “User”) agree to be bound by this Agreement. If you do not agree to this Agreement, you must not access nor use the Platform.
1.1 Definitions
a. Account. A user profile created on the Platform, accessible by login credentials, containing user information, preferences, and transaction history.
b. Applicable Law. All applicable federal, state, provincial, local, and international laws, rules, regulations, directives, and governmental requirements, including consumer protection, privacy, data protection, intellectual property, export control, sanctions, and product safety laws.
c. Consumer. A natural person using the Platform primarily for personal, family, or household purposes and who purchases or seeks to purchase goods or services from Retailers through the Platform.
d. Retailer. Any business entity or individual acting in a commercial capacity that offers or sells goods or services to Consumers through the Platform.
e. User. Any person or entity that accesses or uses the Platform, including both Consumers and Retailers.
f. Content. All text, graphics, images, photos, audio, video, software, code, data, information, and other materials made available on or through the Platform.
g. Company Content. All Content owned, created, controlled, or licensed by Company, excluding User-Generated Content.
h. User-Generated Content. Any Content submitted, uploaded, posted, transmitted, or otherwise made available on or through the Platform by a User, including product listings, descriptions, images, reviews, ratings, messages, and feedback.
i. Transaction. Any purchase, sale, order, return, refund, or other commercial interaction between a Consumer and a Retailer facilitated by or conducted through the Platform.
j. Personal Data. Any information relating to an identified or identifiable natural person as defined by Applicable Law and as further described in the Privacy Policy and Data Processing Agreement.
k. Subprocessor. Any third party engaged by Company or by a Retailer (where applicable as a processor or controller) to process Personal Data on its behalf.
l. Services. All functionality, tools, software, and related services provided by Company in connection with the Platform.
m. Referral Program. Any referral or promotional incentive program offered by Company as described in the Referral Program Agreement.
n. Prohibited Products. Products, services, or content that are not permitted to be listed, offered, or sold through the Platform as defined in Schedule A.
o. Force Majeure Event. Events or circumstances beyond a party’s reasonable control, including natural disasters, acts of government, war, terrorism, civil unrest, labor disputes not involving the affected party’s employees, internet or telecommunications failures, and power outages.
1.2 Interpretation
a. Headings. Headings are for convenience only and do not affect interpretation.
b. Including. The terms “including” and “include” mean “including without limitation”.
c. Or. The word “or” is not exclusive.
d. Days. References to “days” mean calendar days unless stated as “business days”.
e. Survival. Provisions which by their nature should survive termination, including but not limited to payment obligations, limitation of liability, disclaimers, indemnities, and dispute resolution provisions, will survive termination of this Agreement.
f. Precedence. In the event of any conflict between these Terms and any incorporated schedule or policy, these Terms prevail unless an incorporated document expressly states otherwise.
2. Eligibility, Account Registration, and Acceptance
2.1 Eligibility
1) Age and capacity. You represent and warrant that you:
a) Are at least eighteen (18) years old or the age of majority in your jurisdiction and have the legal capacity to enter into a binding contract; or
b) If under the age of majority, are using the Platform under the supervision of a parent or legal guardian who agrees to be bound by this Agreement on your behalf.
2) Entity authority. If you register or use the Platform on behalf of a business, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to this Agreement, and “you” and “User” will refer to that entity.
3) Prohibited jurisdictions and sanctions. You represent and warrant that you:
a) Are not located in, and will not access or use the Platform from, any jurisdiction where such use is prohibited by Applicable Law; and
b) Are not subject to sanctions or listed on any restricted-party list maintained by any governmental authority, including sanctions lists administered by export control or sanctions authorities.
4) Prior violations. You represent that you have not been previously suspended or removed from the Platform or a similar marketplace for fraud, misconduct, or violations of terms of service.
2.2 Account Registration
1) Account creation. To access certain features, you must create an Account by providing accurate, complete, and current information. You agree to update your information promptly if it changes.
2) Consumer accounts. Consumers may register using:
a) Email or phone number and password;
b) Single sign-on methods (where offered);
c) Other methods made available by Company.
3) Retailer accounts. Retailers must supply information requested by Company, which may include:
a) Legal name, business name, entity type, and jurisdiction of formation;
b) Business address, contact information, and website or social media profiles (if any);
c) Tax identification number, business registration, and licenses;
d) Banking and payment information needed for third-party settlements with payment system through app, website or other method provided directly by Rhino;
e) Proof of insurance, permits, certifications, or other compliance documents;
f) Any other information reasonably required for verification or compliance.
4) Verification. Company may, at its discretion and in accordance with Applicable Law:
a) Request identification documents, business registration records, or other data;
b) Conduct background checks or third-party verifications;
c) Require additional documentation prior to or during use of the Platform;
d) Reject, suspend, or disable any Account that does not meet its verification standards.
5) Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to:
a) Use strong, unique passwords and safeguard devices used to access the Platform;
b) Notify Company promptly if you suspect any unauthorized access or security breach;
c) Not share your login credentials with any third party, except that Retailers may authorize designated personnel to access business Accounts under their control;
d) Accept responsibility for any losses or damages arising from failure to maintain Account security, except to the extent caused by Company’s gross negligence or willful misconduct.
6) Account types and limitations. You may not:
a) Maintain more than one Consumer Account or one Retailer Account without Company’s prior written consent;
b) Transfer or assign your Account to another person or entity without prior written consent from Company.
7) Acceptance of Terms. By creating an Account, clicking “accept” or similar button, or using the Platform, you agree to this Agreement. If you do not agree, you must not create an Account or use the Platform.
3. Description of Services and Use Rights
3.1 Company’s Role and Scope of Services
1) Platform facilitator. Company operates a digital marketplace Platform that:
a) Enables Consumers to discover, compare, and purchase products and services listed by Retailers; and
b) Enables Retailers to create and manage listings and to interact with Consumers.
2) No party to Transactions. Except as otherwise expressly stated:
a) Company is not a buyer or seller in any Transaction;
b) Company does not take title to products sold through the Platform;
c) Company does not act as an agent, legal representative, or partner of either Consumers or Retailers in respect of Transactions, unless otherwise required by Applicable Law for specific jurisdictions or product categories.
3) Limited duties. While Company is not a party to Transactions, Company:
a) May perform certain verification or due diligence on Retailers or products, as described in this Agreement or required by Applicable Law;
b) May provide tools for payment processing, order management, messaging, reviews, and dispute resolution;
c) Does not guarantee that any verification or monitoring will uncover all prohibited, fraudulent, or unsafe activity.
4) Reservation of rights. Company may, but is not obligated to:
a) Monitor use of the Platform for compliance with this Agreement and Applicable Law;
b) Remove, modify, or disable any listing, Content, or Account that Company reasonably believes violates this Agreement or Applicable Law;
c) Take steps to address fraud, safety, security, intellectual property infringement, or other risks.
3.2 Platform Features
1) Consumer-facing features. The Platform may offer Consumers:
a) Browsing, search, and filter tools for Retailers and products;
b) Product detail pages, descriptions, images, reviews, and ratings;
c) Shopping cart, checkout, and order confirmation functionality;
d) Tools to track orders, contact information to communicate with Retailers, and dispute resolution services to request returns or refunds in the event Consumers are unable to communicate with Retailers;
e) Access to referral programs and loyalty or promotional offers, where available.
2) Retailer-facing features. The Platform may offer Retailers:
a) Tools to list and manage products or services, including pricing and inventory;
b) Order management and fulfillment dashboards;
c) Messaging tools for communications with Consumers;
d) Analytics, reporting, and promotional tools;
e) Integration with payment processing and settlement features.
3) Support and maintenance. Company may provide customer support for Platform-related issues during designated support hours and through designated channels. Company does not ordinarily provide support for Retailer-specific fulfillment, product, or warranty obligations except as part of dispute resolution described in this Agreement.
3.3 License and Permitted Use
1) License grant. Subject to your compliance with this Agreement, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to:
a) Access and use the Platform and Company Content for legitimate personal (Consumer) or business (Retailer) purposes; and
b) Install and use the App on compatible devices you own or control, solely in accordance with this Agreement.
2) Restrictions. You must not:
a) Access or use the Platform for any unlawful purpose or in violation of Applicable Law;
b) Copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Platform or Company Content, except to the extent this restriction is prohibited by Applicable Law;
c) Circumvent, disable, or interfere with security-related features or restrictions on use;
d) Use automated means (such as bots, crawlers, or scrapers) to access the Platform, except where expressly authorized in writing by Company;
e) Rent, lease, sell, sub-license, or otherwise transfer your license or any rights in the Platform;
f) Access or use the Platform to develop or improve a competing product or service;
g) Interfere with the operation of the Platform or with any User’s enjoyment of the Platform.
4. Consumer Terms
4.1 Consumer Obligations
1) Lawful and responsible use. Consumers must:
a) Use the Platform only for legitimate, lawful purchases for personal, family, or household use;
b) Comply with this Agreement and all Applicable Laws, including consumer protection, export, and sanctions laws;
c) Not engage in fraudulent activity, including identity theft, payment fraud, or chargeback abuse.
2) Accuracy of information. Consumers must:
a) Provide accurate and up-to-date personal and payment information;
b) Review transaction details, including product descriptions, pricing, and policies, before
completing purchases.
3) Payment responsibility. Consumers authorize Company and its payment processors to:
a) Charge their designated payment method for purchase price, taxes, shipping, handling, and other disclosed fees;
b) Initiate refunds, charge adjustments, or reversals in accordance with this Agreement, Retailer policies, and Applicable Law.
4) Payment processing.
a) Payment methods. Transactions may be processed using credit card, debit card, digital wallets, bank transfers, or other methods supported by Company and its payment processing partners.
b) Third-party payment processors. Payment processing services may be provided by one or more independent third-party payment processors. By submitting payment information, you:
i) Authorize Company and the payment processors to collect, use, retain, and share payment data as necessary to process payments, prevent fraud, comply with law, and maintain payment records; and
ii) Acknowledge that payment processors may impose their own user terms and privacy practices, and that those terms govern their handling of your payment information to the extent they act as independent controllers under Applicable Law.
c) Payment errors. If you believe an unauthorized or erroneous transaction has occurred, you must promptly notify your payment provider and Company. Company will cooperate in investigating and, where appropriate, correcting such issues, subject to Applicable Law and payment network rules.
5) Refunds, chargebacks, and disputes.
a) Retailer refund policies. Each Retailer sets its own return and refund policies, which must be disclosed in its product listings. Consumers must review those policies before purchasing. Retailer policies may be subject to mandatory consumer protection rights that cannot be waived.
b) Chargebacks. If a Consumer disputes a charge directly with their payment card issuer:
i) Company and the Retailer will cooperate with the issuer in investigating the dispute;
ii) If a chargeback is upheld, the charged amount and any applicable chargeback fees may be debited from the Retailer’s account or future settlements;iii) Consumers acknowledge that misuse of chargebacks (for example, disputing charges for valid Transactions) may result in Account suspension or termination.
c) Internal dispute process. Company encourages Consumers to first attempt to resolve issues with Retailers via the Platform’s messaging and dispute resolution tools, as described in Section 6, before initiating chargebacks.
6) Reviews and ratings. Consumers who submit reviews, ratings, or feedback:
a) Must base them on actual, personal experience with the product or service;
b) Must not post fake, misleading, defamatory, obscene, harassing, or discriminatory content;
c) Must disclose any material connections (for example, if they were given an incentive or discount in exchange for a review, where permitted by Applicable Law);
d) Grant Company a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, modify, and distribute such reviews on or in connection with the Platform and Company’s business, in accordance with the Privacy Policy.
4.2 Company’s Role With Respect to Consumers
1) Intermediary only. Company:
a) Does not manufacture, warehouse, or inspect products listed by Retailers;
b) Does not provide warranties or guarantees regarding Retailers or their products, except where explicitly stated or required by Applicable Law;
c) Does not assume responsibility for Retailer fulfillment, product quality, or compliance, except as required by law.
2) Duty of care and oversight. Without prejudice to its role as intermediary, Company:
a) Implements reasonable processes for Retailer onboarding, verification, and monitoring, appropriate to the nature and scale of the Platform, to reduce fraud, prohibited goods, and unlawful content;
b) Maintains mechanisms for Users and third parties to report suspected fraud, unsafe or illegal products, intellectual property infringement, and other violations;
c) Will take appropriate action where it becomes aware of clear evidence of illegal, unsafe, infringing, or Prohibited Products, including removal of listings, suspension or termination of Accounts, and reporting to competent authorities where required or
appropriate;
d) Will manage Personal Data in accordance with the Privacy Policy and Data Processing Agreement and implement appropriate security measures as described in Schedule B.
3) Limitations. Subject to Applicable Law and Section 11 (Limitation of Liability):
a) Company is not liable for the errors, acts, or omissions of Consumers or Retailers in connection with Transactions;
b) Company does not guarantee the outcome of any Transaction or dispute;
c) Consumers remain responsible for evaluating Retailers and products based on available
information, including reviews and ratings.
5. Retailer Terms
5.1 Retailer Obligations and Representations
1) Business legitimacy and authority. Retailers represent and warrant that they:
a) Are duly organized and validly existing under the laws of their formation jurisdiction;
b) Are duly licensed, registered, and authorized to conduct business and to sell their products or services in each jurisdiction where they operate or sell through the Platform;
c) Have all rights, consents, and authority to enter into this Agreement and to perform their obligations hereunder.
2) Product and service compliance. Retailers represent and warrant that:
a) All products and services offered comply with Applicable Law, including product safety, labeling, marketing, consumer protection, environment, and export/import requirements;
b) Products are not counterfeit, stolen, misbranded, unapproved, recalled, or otherwise unlawful or unsafe;
c) All Prohibited Products listed in Schedule A are excluded from their offerings;
d) All required warnings, disclosures, directions for use, age restrictions, and safety information are provided and are accurate and complete.
3) Accurate listings. Retailers agree to:
a) Provide truthful, accurate, and complete descriptions of products and services, including material features, composition, condition, and limitations;
b) Accurately state prices, taxes (if separately displayed), fees, and shipping costs;
c) Timely update listings to reflect changes in price, availability, or product attributes;
d) Clearly disclose return, refund, warranty, and cancellation policies;
e) Not engage in misleading, deceptive, or unfair marketing practices.
4) Pricing practices. Retailers must:
a) Comply with Applicable Law regarding pricing, discounting, comparison pricing, and price gouging;
b) Not discriminate in pricing based on protected characteristics where prohibited by law;
c) Honor advertised prices, promotions, and discounts for eligible Transactions during their stated valid period, subject to clearly disclosed limitations and stock availability.
5) Order fulfillment and customer service. Retailers agree to:
a) Accept and fulfill all valid orders placed through the Platform in accordance with their listings and policies, subject to stock availability and any legally compliant limitations;
b) Pack, ship, and deliver products using reasonable care and within the timeframes stated in product listings or otherwise agreed with the Consumer;
c) Provide accurate tracking information where available;
d) Respond promptly and courteously to Consumer communications regarding orders, returns, or complaints;
e) Handle returns, exchanges, and refunds in accordance with their disclosed policies and consumer protection laws.
6) Product monitoring and recall compliance. Retailers must:
a) Monitor regulatory announcements, product recalls, and safety notices applicable to their products;
b) Immediately cease offering and remove from the Platform any product subject to recall, ban, or material safety concern;
c) Notify Company in writing within twenty-four (24) hours of becoming aware of a recall, material safety complaint, or regulatory action related to any product listed on the Platform;
d) Cooperate with Company in removing unsafe products, notifying affected Consumers (where appropriate and in accordance with privacy and data protection laws), and performing any required corrective measures or recall actions;
e) Bear all costs and liabilities associated with recalled or unsafe products, including refund obligations and regulatory penalties, except to the extent caused by Company’s independent acts or omissions.
5.2 Prohibited Products and Conduct
1) Prohibited Products. Retailers must not list, offer, or sell any Prohibited Products or engage in Prohibited Conduct as defined in Schedule A.
2) Infringing or unlawful content. Retailers must not:
a) Use images, descriptions, trademarks, logos, or other intellectual property without sufficient authorization;
b) Misrepresent the origin, sponsorship, or affiliation of products or services;
c) Offer services that facilitate illegal activity.
3) Consequences. If Company determines that a Retailer has offered or sold any Prohibited Product or engaged in Prohibited Conduct, Company may:
a) Remove or disable access to the offending listing(s);
b) Suspend or terminate the Retailer’s Account;
c) Withhold settlement funds pending investigation or resolution of disputes;
d) Require the Retailer to refund affected Consumers;
e) Report the matter to law enforcement or regulatory authorities where legally permissible or required;
f) Seek indemnification and other remedies under this Agreement.
5.3 Retailer Payments, Fees, and Settlement
1) Payment collection. For Transactions completed through the Platform:
a) Company or its payment processors will process payment from Consumers on behalf of Retailers;
b) Funds may be held in pooled accounts or segregated accounts, as determined by Company and its payment processors, until settlement to Retailers.
2) Settlement schedule. Unless otherwise agreed in writing:
a) Company will remit net amounts due to Retailers (gross transaction value less Company’s fees, chargebacks, refunds, and adjustments) on a [weekly/bi- weekly/monthly] basis;
b) Settlement may be delayed if:
i) There is suspicion of fraud, chargeback risk, or policy violations;
ii) There is a pending dispute involving the Transaction;
iii) Required verification steps are incomplete.
3) Platform fees.
a) Transaction fees. Company may charge Retailers a transaction fee equal to 10% of the gross sales price (excluding taxes and shipping, unless otherwise specified) for each completed Transaction.
b) Additional fees. Company may charge additional fees for optional services (for example, advertising, promoted listings, premium features), as specified in a separate fee schedule or agreement.
c) Fee changes. Company may modify fees upon prior notice as required by Applicable Law. Continued use of the Platform by Retailers after fee changes take effect constitutes acceptance of the new fees.
4) Refunds and reversals.
a) Retailer-initiated refunds. When a Retailer issues a refund through the Platform, Company may:
i) Return the applicable portion of the transaction amount to the Consumer’s payment method where feasible; and
ii) Adjust the Retailer’s settlements accordingly.
b) Company fees on refunds. Company may:
i) Retain a portion of its transaction fee where permitted by Applicable Law and clearly disclosed in advance; or
ii) Refund its transaction fee partially or fully, depending on the circumstances and Company’s fee policies.
c) Chargebacks. If a chargeback is initiated by a Consumer’s payment provider:
i) Company may debit the chargeback amount and any associated fees from the Retailer’s balance or from future settlements;
ii) Retailers agree to provide all requested documentation to assist in defending chargebacks;
iii) Retailers bear the economic risk of chargebacks related to fulfillment failures, defective goods, misrepresentations, or unauthorized transactions involving their products, except to the extent caused solely by the payment processor.
5) Taxes.
a) Retailer responsibility. Except where Company expressly agrees or is legally obligated to collect and remit certain taxes:
i) Retailers are solely responsible for determining, collecting (where permitted), reporting, and remitting all taxes, duties, and other governmental assessments associated with their Transactions;
ii) Retailers must ensure compliance with tax requirements in each relevant jurisdiction, including nexus, registration, and reporting rules.
b) Company collection. Where Company or its payment processors collect certain taxes (for example, sales tax, value-added tax) on Transactions:
i) Company will identify such amounts to the extent practicable;
ii) Company’s role in tax collection will be governed by Applicable Law and, where applicable, by specific platform tax agreements or addenda.
c) No tax advice. Company does not provide tax or legal advice. Retailers should consult their own tax and legal advisors regarding tax obligations.
5.4 Retailer Indemnification
1) Indemnity obligations. To the fullest extent permitted by Applicable Law, Retailers will indemnify, defend, and hold harmless Company and its affiliates, and their respective officers, directors, employees, agents, and representatives (collectively, the “Company Indemnitees”) from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
a) Any breach or alleged breach by the Retailer of this Agreement, including its representations and warranties;
b) Any product or service offered, sold, or provided by the Retailer through the Platform, including claims of product defect, personal injury, property damage, failure to warn, or non-compliance with product safety or other laws;
c) Any intellectual property infringement or alleged infringement associated with the Retailer’s products, content, trademarks, or marketing materials;
d) Any violation of Applicable Law by the Retailer or its employees, contractors, or agents;
e) Any failure by the Retailer to fulfill orders, deliver goods or services as described, honor warranties or return policies, or issue required refunds;
f) Any Prohibited Products or Prohibited Conduct by the Retailer;
g) Any misuse or unauthorized disclosure of Personal Data by the Retailer (except to the extent caused by Company).
2) Indemnification process. Company will:
a) Provide written notice of any claim for which indemnification is sought (failure to provide prompt notice will not relieve the Retailer of its obligations except to the extent materially prejudiced);
b) Permit the Retailer to control the defense and settlement of the claim, provided that:
i) The Retailer diligently pursues the defense;
ii) Any settlement fully and unconditionally releases all Company Indemnitees from liability and does not impose injunctive or other non-monetary obligations on them without their prior written consent;
c) Have the right to participate in the defense with its own counsel at its own expense.
3) Independent defenses. Company reserves the right to assume exclusive defense and control of any matter subject to indemnification if Retailer fails to provide reasonable assurance of its ability or willingness to defend. In such case, Retailer will remain liable for reasonable defense costs and any resulting settlement or judgment, subject to Applicable Law.
6. Consumer–Retailer Dispute Resolution Process (Platform-Level)
6.1 Scope of Disputes
1) Covered disputes. The Platform’s internal dispute resolution process (the Platform Dispute Process) applies to disputes between Consumers and Retailers arising out of Transactions conducted through the Platform, including:
a) Non-delivery or late delivery of products or services;
b) Delivery of products that are materially different from their description;
c) Defective, damaged, counterfeit, or unsafe products;
d) Failure to honor return, refund, or warranty policies.
2) Excluded disputes. The Platform Dispute Process does not apply to:
a) Personal injury or product liability claims beyond the scope of refunds or replacements;
b) Alleged violations of privacy or data protection laws (which are addressed under the Privacy Policy and Data Processing Agreement);
c) Disputes exclusively between Users that do not arise from a Transaction completed through the Platform.
6.2 Initiating a Dispute
1) Contact Retailer first. Consumers must first attempt to resolve issues directly with the Retailer via Platform messaging or other available communication channels.
2) Formal dispute filing. If the issue is not resolved within 14 days after first contact:
a) The Consumer may file a formal dispute through the Platform’s dispute submission tools;
b) The Consumer must provide:
i) Order number and date;
ii) Description of the issue and requested remedy (i.e. refund, replacement, partial credit);
iii) Supporting documentation such as photographs, correspondence, QR Code, shipping, or tracking information, and any relevant evidence.
6.3 Dispute Investigation and Determination
1) Investigation. Upon receiving a dispute, Company may:
a) Notify the Retailer and request a response and supporting evidence within a specified timeframe;
b) Review information from both parties, including order data from the Platform, tracking information, messages, and other records.
2) Decision. Company will:
a) Use commercially reasonable efforts to issue a non-binding determination within 14
business days after receiving all needed information;
b) Aim to resolve the dispute based on a preponderance of the evidence, fairness, and consistency with Platform policies and Applicable Law.
3) Possible outcomes. Company may:
a) Recommend or direct that the Retailer provide a full or partial refund;
b) Recommend or direct that the Retailer reship or replace the product;
c) Determine that no adjustment is warranted;
