Thank you for choosing SoulMart! We’re excited to have you here.
Relax and have a great time as we take you through our guiding rules.
The Legal Part
SoulMart is an online marketplace based in Canada.
You warrant that by agreeing to these Terms, you agree that all disputes incidental to your use of our Platform will be settled by individual arbitration.
Wonder what this means? Don’t worry, we’ll explain further. This simply means that you waive all rights to have those disputes decided by a Court of law. You also agree that you waive the right to bring class actions, class arbitrations, or representative actions in connection to the use of our platform.
We keep our Terms and policies updated. Therefore, we amend them from time to time. This is why we encourage you to always check back here before you shop as the latest update applies.
1. Our Rules
SoulMart is a venue where people all over the world connect, to produce, create, manufacture, sell, and purchase sustainable goods/products. In order to keep our platform safe and in order, we have provided certain rules that regulate your use of our Platform. Read on to know which of the rules apply to you:
General Rules Guiding Everyone
Rules for Sellers
These policies apply when you list any products or items for sale through our SoulMart Services. Read them here.
Rules for Buyers
These policies apply when you browse or purchase an item using the SoulMart platform. Please read them here.
Rules for Third Parties
If you are an intellectual property owner, a SoulMart API user, or an affiliate, and if you are requesting information from us, these policies apply to you.
Since you now know about all our policies, take a further step by reading the rest of this document because it applies to everyone!
2. Your Privacy
SoulMart, as well as sellers on SoulMart process members’ personal information – information such as buyer name, email address, and shipping address. Therefore, SoulMart and sellers are considered separate and independent data controllers of buyers’ personal information according to Canadian and European Union (EU) law. This means that each party is accountable for the buyer/user's personal information processed by it when providing the Services. For instance, if a seller mistakenly reveals a buyer’s name and email address when fulfilling another buyer’s order, the seller, not SoulMart, will be liable for such unauthorized disclosure.
If you as a seller, and SoulMart are found to be joint data controllers of buyers’ personal information, and if SoulMart is sued, fined, or made to incur expenses as a result of your actions as a joint data controller of buyer personal information, you agree to indemnify SoulMart for the expenses it incurs in connection with your processing of buyer personal information. Please see Section 9. Indemnification (or What Happens If You Get Us Sued) below for more about your indemnification obligations to SoulMart.
3. Your Account with Us
To enjoy the full features of our Platform and services, you’ll need to create a SoulMart account. If you wish to have an account with us, you must comply with the following rules:
To use our platform and services, you must be 18 years or older. Persons under the age of 18 and who are up to 13 years old are only permitted to use SoulMart Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Our platform is not meant for children under 13 years; therefore, we do not permit such categories of persons to use our services. You agree that you are accountable for all activity carried out through your SoulMart account by a minor. For more on this, see SoulMart Minors Policy here.
Be accurate with us.
Always provide accurate information about yourself. We prohibit the use of false or impersonating information through your SoulMart account.
Choose a proper name.
If you do not wish to have your full name on your account, ensure that you do not use language that is vulgar, offensive, infringing on anyone’s intellectual property rights or that is otherwise in violation of our Terms and policies.
Be responsible for your account.
All activity that takes place on your account is your full responsibility. If you’re operating a shared account with other people, then the individual who owns the financial information on the account will be responsible for all activity. If you’re registering a SoulMart account as a business entity, you guarantee that you are authorized to agree to these Terms on behalf of that business.
Please note, you are not permitted to transfer ownership of accounts.
Keep your password safe.
You are solely responsible for all activity happening on your account, therefore, it is vital that you keep your account secure by protecting your password.
Your relationship with us.
Please take note that these Terms and all our policies do not create any relationship that amounts to the agency, partnership, joint venture, employment, or franchise between you and SoulMart.
If you have any questions regarding registering an account with us, please go over our useful Help Center.
4. Your Content
You have the right to post your own content on our platform. Note that we don’t make any claim to it – you may post content such as shop names, profile pictures, listing photos and descriptions, reviews and ratings, comments, videos, usernames, etc. You agree that by posting any content on our platform, you shall comply with the following:
Responsibility for Your Content.
You understand and agree that you are solely responsible for Your Content. You further agree that you have all the rights to Your Content and are fully authorized to use it. You also represent that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your Content.
You agree that by posting Your Content on our platform or through our Services, you grant SoulMart a license to use it. As we mentioned earlier, we don’t lay claim over ownership of Your Content, but we have your permission to use in order to improve our platform. This way, we won’t infringe on your intellectual property rights and at the same time, we will be helping you promote your content. For instance, as a buyer, we may offer you and other buyers promotions relating to your listings on our website or social media.
Rights You Grant SoulMart.
You agree that when you publish Your Content on our platform, you grant SoulMart a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, change, reproduce, distribute, store, and prepare derivative works of Your Content. This assists us in providing our Services and promoting SoulMart, your SoulMart shop, or our Services – this can be through any SoulMart Services, our partners, or third-party website or advertising medium.
You agree that by posting content and using our platform, you will not assert any moral rights or rights of publicity against us for using Your Content. You also acknowledge our legitimate interest in using it, in line with the scope of this license, to the extent Your Content contains any personal data.
We are aware that this may seem a bit much for you, but it is important that we keep our brand going and continue to offer you the best sustainable and quality services. Take this into consideration: if you publish your listing in English, we have permission to translate it into other languages so that non-English speakers can also benefit from your products and services. Similarly, if you post a unique photo of your latest sustainable product, we also have the permission to feature it on our homepage, in our blogs or even on social media to promote You and Us.
Reporting Unauthorized Content.
At SoulMart, your intellectual property rights are very important to us, and as such, we are committed to upholding these rights by ensuring that our sustainable platform is free from infringing content. If you believe that any content posted to SoulMart is infringing your intellectual property rights without your permission and you want us to take it down, kindly read our Intellectual Property Policy and follow the guidelines in it. If we receive a notice about an alleged infringement of a third party’s Intellectual Property Policy, we shall take the appropriate action – this includes disabling, suspending or terminating your account. We shall notify you of such action accordingly.
Inappropriate, Untrue, or Misleading Content.
There are specific types of content that we do not permit on our platform – for legal reasons and other reasons best known to us. You agree that you shall not post content that is:
- Obscene, vulgar, or otherwise offensive
- In violation of our Prohibited Items Policy or any of our Terms and policies
- False and misleading or uses the Services in a manner that is fraudulent or deceptive
5. Your Use of Our Services
Subject to the conditions described below, we grant you a limited, non-exclusive, non-transferable, and revocable license to utilize our Services.
Don’t Use Our platform to Break the Law.
You agree that in using our platform or services, you shall not violate any laws – including local, state, federal and international laws that may be applicable. For instance, you are not permitted to list any illegal products such as narcotics.
Pay Your Dues.
It is your responsibility to ensure that you pay all fees that you owe to SoulMart. Except as provided for in our Fees and Payments Policy, you alone are responsible for collecting and/or paying any applicable taxes in connection with the buying and selling of items or services on SoulMart.
Don’t Steal from Us.
Don’t cause harm to Our Systems.
You agree that you shall not interfere with or try to disrupt our Services in any way. For instance, by introducing viruses into or hacking our systems.
Be Generous with Your Ideas.
We always look forward to hearing your suggestions and ideas! These assist us in providing an improved user experience for you on our platform. We consider all unsolicited ideas, messages or other materials you submit to SoulMart (excluding Your Content or products you have listed on SoulMart) to be non-confidential and non-proprietary to you. When you submit any such materials, you agree that you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such ideas and materials for any purpose, without compensating you.
Talk to Us Online.
Periodically, we shall send specific written information to you. You agree that by using our platform, you’re bound by our Electronic Communications Policy, which informs you on how we provide such written information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment) and that your electronic agreement is the same as your signature on paper.
6. Termination of our Services
Termination by You.
We never want to stop having you around; however, if you wish to terminate your account with us, you can do so by contacting us. Please note that terminating your account with us does not mean that all your content posted on our website will be removed. Also, you will be required to pay any outstanding fees you owe to SoulMart. If you wish to know more about these, please read this help article.
Termination by SoulMart.
We reserve the right to terminate your SoulMart account and access to our services at any time, for any reason and without notice in advance. It is vital to note that if we terminate your account or access to our services, we have done so because you do not have a contractual or legal right to continue to access our services. We also reserve the right to refuse service to anyone for any reason and at any time.
Note that if you or SoulMart terminate your account, you may lose any information related to your account such as your content.
We May Discontinue the Services.
We reserve the sole right to suspend, discontinue or alter our services at any time and for any reason. You agree that we are exempted from any liability incurred as a result of our suspending, discontinuing or altering our services.
Note that these Terms will remain in effect and in full force even after we have terminated or suspended your account.
7. Warranties and Liability (You can’t sue us for these)
You warrant and represent that SoulMart is not engaged in the production, storage or inspection of any products sold through our services. Our platform only serves as a venue for independent businesses or sellers to list and sell their goods or services. We, therefore, do not make any warranties about the quality. safety or legality of these products.
If you wish to bring any legal claim in connection to your purchase, you must do so directly against the seller and not Us! When you make any purchase on our website or platform, you agree to release us from any claims in connection with products sold using our services – this includes claims for defective products, sellers’ misrepresentation or items that caused physical injury.
Content You have Access to.
Sometimes, you may come across some content or materials that may be offensive or seem inappropriate to you in the process of using the SoulMart platform. We do not make any representations regarding any user content posted on SoulMart, and neither are we liable for the accuracy, copyright compliance, legality, or decency of any user content that you may come across on SoulMart. You agree that you release us from any and all liability in connection with such content.
People You Interact with.
You are at liberty to interact with other members or users of SoulMart; by doing that, you understand that we do not carry out screening of users of the SoulMart Services. Therefore, you agree that you release us from any liability connected to your interactions with others on SoulMart.
Ensure that you take great care in your interactions with other people (whether online or in person).
Gift Cards and Promotions.
When you shop on SoulMart, you agree that we do not make any warranties regarding your Gift Card Balance. Also, we are not responsible for any theft, destruction, or unauthorized access to or alteration of your Gift Card or Gift Card Code which occurs as a result of your actions or a third party’s. You further acknowledge that we reserve the right to suspend or prohibit the use of your Gift Card or its code if reported lost or stolen; or if we have reason to believe that it is being used for fraudulent or unauthorized purposes. The only remedy available to you if your Gift Card Code stops working, is to issue you a replacement code.
WE ARE COMMITTED TO PROVIDING THE BEST SERVICES TO YOU; HOWEVER, AS HUMANS OUR WORKERS ARE ONLY HUMAN. THEREFORE, ANYTHING CAN GO WRONG. OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY WHATSOEVER. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A SPECIFIC PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT:
(I) THE SoulMart PLATFORM AND SERVICES WILL BE AVAILABLE OR SECURE AT ALL TIMES OR AT ANY PARTICULAR LOCATION;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III) THE SERVICES WILL BE FREE OF TROJANS, VIRUSES OR OTHER HARMFUL MALWARE; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS.
NOTE THAT YOU USE THE SoulMart SERVICES SOLELY AT YOUR OWN RISK. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF YOUR JURISDICTION DOES NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SoulMart, NOR ANY OF OUR EMPLOYEES OR DIRECTORS SHALL BE RESPONSIBLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY DAMAGES IN CONNECTION WITH THE SoulMart SERVICES OR THESE TERMS. SoulMart SHALL IN NO WAY AGGREGATE LIABILITY FOR ANY DAMAGES THAT EXCEED THE GREATER OF THIRTY DOLLARS ($30.00) US DOLLARS (USD) OR THE AMOUNT YOU PAID SoulMart IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE TO YOU.
What happens if you get us sued? Well, we do not hope this happens; however, if SoulMart gets sued due to your actions, you agree to defend and indemnify us. What does this mean? It means that you’ll defend SoulMart, our employees, directors, agents or affiliates and hold us harmless from any legal claim (including reasonable attorney’s fees) that happens as a result of your actions, your use (or misuse) of our Services, your breach of SoulMart Terms, or your account’s infringement of another person’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us.
9. Disputes between members/users
In the event that you find yourself in a dispute with another SoulMart member/user, or a third party, we urge you to resolve the dispute amicably by reaching out to the other party.
To ensure the proper resolution of disputes between buyers and sellers, we have in place, the SoulMart Case system. Buyers and sellers who are not able to resolve a dispute connected to a transaction on our website may participate in this case system.
You agree that you release SoulMart from any claims, demands, and damages which are a result of disputes between you and other users or parties.
10. Disputes with SoulMart
If you have any issues, complaints or grievances against us, please let us know. We want to hear from you, so we can try to resolve the issues.
11. Modifications to the Terms
From time to time, we may make updates to these Terms. We shall always post the latest update on this page; so always check back to make sure you’re familiar with the up-to-date Terms. If in our opinion, the changes are material, we will inform you through our website, messages or by email.
You are solely responsible for being familiar with the latest update of our Terms, and your continued use of our services implies your acceptance of the updated Terms.
12. Final Legal bits
13. Contact Us
We are always excited to hear from you! Should you have any questions or enquiries about the Terms, please email us at firstname.lastname@example.org.