Introduction
Ymart is an online communication and distribution channel (marketplace) for local businesses.
Ymart.ca website (the Website) is created for the collective benefits of Ymart Community (Ymart Community) and with the spirit to provide support to our local businesses, help them to be become more successful and bring more freedom and prosperity in our communities.
By using this Website you agree to support Ymart spirit and mission and act with utmost good faith with respect to other Ymart users and Ymart, which means not to pursue personal benefits and interests by hurting and at the expense of other users, respect other user rights and act with due care for other users.
Ymart is market place created with the intent to help businesses and consumers to get connected in local communities. Ymart is not a classifieds Website and does not support selling used products by individuals on an occasional basis. Please, do not use Ymart for this purpose.
By using the services available on the Ymart.ca (and other related Ymart websites where this agreement appears), you are agreeing to the terms expressed in this Agreement, including those available by hyperlink, with Ymart Inc.
Before you may become a member of Ymart and start using Ymart website, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy.
Using Ymart
As a user of Ymart you will:
- not enter in any commercial transaction/relationship, if you are not able to form legally binding contracts;
- respect any laws, intellectual property and other third party rights, or our policies posted on Ymart;
- maintain Ymart structure and order by posting content or items in an appropriate categories or areas on the site. Please contact us or use Help, if you need any support;
- not use Ymart for classifieds;
- guarantee proper payments for items purchased on Ymart, unless the seller has materially misrepresented item's condition and features or you are unable to authenticate the seller's identity;
- properly deliver items purchased from you, unless you are unable to authenticate the buyer's identity;
- not interfere with other user's commercial activity or manipulate prices;
- properly and timely pay fees owed to Ymart;
- not take any action that may manipulate the feedback or ratings systems;
- not post abusive, false, misleading, defamatory, or libelous content;
- respect Ymart and Ymart users privacy and copyright.
Items prohibited on Ymart:
- Items that contain nudity or adult material
- Weapons, firearms and knives
- Hazardous materials
- Wildlife products
- Offensive material (items that promote hatred, violence, racial, sexual, or religious intolerance)
- Counterfeit items, and unauthorized copies
- Drugs and drug paraphernalia
- Alcohol
- Tobacco
We can remove any content or information you post on Ymart, cancel or suspend your account, if we believe that it violates this Agreement.
Safety
Ymart and Ymart Community will work together to ensure that Ymart remains a safe and enjoyable for all users, that the content posted on Ymart including posted listings is not offensive and do not infringe upon the copyright, trademark or other rights of third parties. Please report to us any abusive and improper behavior.
You also agree that you will not:
- use any harvesting bots, spider, robot, scraper or other automated means to access and /or scroll the Website for any purpose without our express written permission;
- copy, replicate, create derivative works from, distribute, or publicly display any content (except for your Information) from Ymart copyrights and trademarks without the prior expressed written permission of Ymart and the appropriate third party, if applicable;
- collect users' content or information about Ymart users, including their contact information and email addresses, without their/our permission;
- develop, send or otherwise post unauthorized commercial communications (spam, chain letters, or multi-level marketing such as pyramid schemes) on Ymart;
- distribute viruses, malicious codes or any other technologies that may harm Ymart or Ymart users;
- post content that is hateful, threatening, abusive or pornographic, vulgar, obscene or otherwise objectionable; incites violence; or contains nudity;
- use Ymart to do anything illegal, misleading, malicious, or discriminatory;
- take any action that could disable, interrupt or impair the proper working of Ymart or may impose a disproportionately large load on our infrastructure;
- bypass any measures we may use to prevent or restrict access to Ymart
Ymart might seek a legal remedy or take a legal action against any abusive party to ensure that Ymart stays safe and productive environment that can be enjoyed by its members.
At its sole discretion Ymart may limit, suspend, or terminate its service and user accounts, prohibit access to the Website, delay or remove hosted content, if we think that a user is acting inconsistently with the spirit of our policies. We also reserve the right to annul incomplete accounts or accounts that have been inactive for a long time.
Intellectual Property
The copyright to Ymart Website, all the content, the appearance and design of the Website are owned by Ymart. Any use, replication or distribution of materials from the Website without written permission of Ymart is explicitly prohibited.
Content
You are the owner of all information and content you post on Ymart. You have a control over how it is published and shared through your policies and terms expressed in your privacy statements and settings.
By posting any content on hte Website you grant us a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sub-licensable, worldwide right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media that is known now or in the future. You give us the right to use any content that you post on or in connection with Ymart. Ymart might use the content to promote Ymart, posted products and services as well as its members.
This right ends when you delete your content or your account from the Website unless your content was shared with others, and they have not deleted it. You understand that removed content may still be contained in backup copies for a reasonable period of time.
Fees and Support
Ymart strives to promote free trade and support business activity in local communities. Understanding that shortage of funds is often one of the most serious constraints that restrain the growth of a small business we intend to provide our services free of charge or charge very modest fees.
However, as any other small business we also have very limited resources and have costs to manage. Therefore, we will appreciate any your support and donations to continue our work and keep serving our communities.
Interaction with Third Parties
Any interaction including correspondence and business dealings with any third parties on or through the Website is entirely between you and such parties. Ymart is not responsible for any damages you may suffer by entering into such transactions including collection of payments, delivery of products and execution of services, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not Ymart, are responsible for compliance with all laws applicable in any such transaction.
Please exercise reasonable care and use common sense when using Ymart. Ymart is not obliged to verify the identity of its users, not it is responsible for their actions and content they post on Ymart. There is a chance of dealing with people acting with evil intentions, under false pretences or with underage persons.
No Endorsement
Ymart contains links to other websites which were independently developed by parties other than Ymart. Ymart is not responsible for the correctness, appropriateness and legality of the information contained at these websites. Any reference, link or mention of another party, information, product or service is for your reference only and should not be construed as an express or implied endorsement by Ymart. This information is only provided for your reference and convenience. We stay absolutely neutral and unbiased in terms of interpretation of such information and do not urge you to use this information in any way. Please, use your discretion when you use these links.
No Contract or Offer
No part of Ymart should be interpreted to create an offer or solicitation to sell or buy products or services. With the exception of your agreement to accept and comply with the terms of this Agreement and the Privacy Policy, use of Ymart does not create any contract or agreement between you and Ymart.
No Liability
Ymart does not verify the information and content placed on the Website. Information might contain errors. You access to the Website is provided on “as is basis”.
You will not hold Ymart responsible for any other users' content, actions or inactions, or items they list. Ymart is not responsible for any direct or indirect damages of any kind incurred in connection with use or misuse of the Website or in reliance on the information available on Ymart Website or which you might obtain with the help of the Website, even if Ymart has been informed of the possibility if such damages or such damages were reasonably foreseeable.
You acknowledge that Ymart is not a traditional market place. Instead, Ymart is a virtual venue to allow anyone to offer, sell, and buy product and services. We provide the infrastructure and support for this virtual venue but we are not involved in actual transactions between users. Instead, buyers and sellers deal directly with each other and all issues and transactions arising from this relationship should be settled and performed between them without any assumed responsibility or liability for Ymart.
We do not assume a physical possession of products sold on Ymart, nor are we involved in financial transactions between buyers and sellers. Payments are performed directly between sellers and buyers in the form they both accept. If payments performed with the involvements of Pay Pal service, the money goes directly from the Pay Pal account of a buyer to the Pay Pal account of a seller.
We have no control over and do not guarantee the truth, timeliness or accuracy of users’ content or listing’s, the quality, safety or legality of items advertised and sold, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Sellers have a direct responsibility to buyers for the accuracy and truthfulness of any posted content and listings, quality of the products, timely shipments, warranties and any other liabilities resulting from their activity on Ymart. Buyers have a direct responsibility to sellers for accurate and timely payments and other terms assumed as the result of the transaction with sellers.
We cannot guarantee continuous or secure access to our services, and operation of our Website as we may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Website.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to C$1.
Release and Indemnity
If you have a dispute with a third party, you hereby agree to indemnify, defend, hold harmless and release us (Ymart Inc. and our partners, shareholders, officers, directors, employees, agents, consultants, subsidiaries and joint ventures) from any and all third party claims, demands, liabilities, costs and damages (actual, consequential or punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Privacy
We take the protection of your privacy as a very important community principle and do not disclose your personal information to third parties for their marketing purposes without your explicit consent. Ymart collect uses and discloses your personal information as described in the Privacy Policy of this Website. By providing information to Ymart, you agree to the use of your personal information in accordance with the Yamrt Privacy Policy. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you do not agree to the terms of this Agreement or Privacy Policy, please do not use Ymart.
Confidentiality
The Internet is not a 100% secure environment. The privacy and integrity of any exchange of the information over the Internet between you and Ymart cannot be ensured. Ymart is not responsible for any damages you may suffer, if you communicate confidential information over the Internet or if Ymart communicates such information to you at your request.
No Agency
No agency, joint venture, partnership, employment or franchise relationship is intended or created by this Agreement.
Changes to this Agreement or the Website
Ymart reserves the right to make any changes to this Agreement. The changes are effective immediately, if Ymart provides you with notice of such changes or 14 days after the revised Agreement is posted on Ymart.
Ymart reserves the right to change any aspect of the Website including the right to refuse or remove any content, regardless the source, at any time without any notice or liability to you.
Advertisement
All advertisement is published on Ymart in good faith without verification. Ymart does not provide a guarantee to post all requested advertisement. Ymart reserves the right to refuse, classify or censor any advertisement in its sole discretion.
Resolution of Disputes
We will strive to resolve any dispute in a peaceful and efficient manner.
If a dispute cannot be settled through negotiation process it shall be governed by Ontario and Canadian law and adjudicated by the courts of Ontario, Canada.
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Entire Agreement
This Agreement along with other documents mentioned herein constitutes the entire agreement between the parties with respect to the Website. It supersedes and replaces all prior understandings or agreements, written or oral, with respect to the Website.
Any other policy or rules that are located on the Website and apply to particular services or portions of the Website are part of this Agreement.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign our rights and obligations under this Agreement. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
You will comply with all applicable laws when using or accessing the Website.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
