Seller Policy Pages
Business Owner’s /Seller’s Policy
1.
ACCEPTANCE OF
THE TERMS OF USE
SULIIT and its corporate affiliates
(collectively, "us",
"we," “our” or the "SULIIT Companies") own and operate the
website located at WWW.SULIIT.COM and such other locations as made available
from time to time (collectively, the “Website”)
and any subdomains used in connection with or related to the same and the SULIIT
Mobile Applications made available by SULIIT and through third-party
marketplaces (the “App”) and the
services offered therefrom (collectively, the “Platform”).
This Terms and Conditions Agreement
constitute a legal agreement and are entered into by and between you and SULIIT.
The following Terms and Conditions (collectively, the “Terms”), govern your access to and use of, including any content,
functionality, and service offered on or through the Platform. These Terms
apply to all users of the website, including users who upload any materials to
the website, users who use services provided through this website, users who
download the app, and users who simply view the content on or available through
this website.
By accessing or using the Platform,
you (together with all persons accessing or using the Platform, collectively,
the “Users”) signify that you have
read, understand, consent and agree to be bound by these Terms and our Privacy
Policy, found at https://suliit.com/privacy-policy, incorporated herein by reference.
The term “you” or “your” refers to the individual or legal
entity, as applicable, identified as the Users when you’re registered on the Platform.
IF YOU DO NOT ACCEPT THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT ACCESS OR
USE THE PLATFORM.
IMPORTANT
NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT
PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE
RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED
PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT, YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND
EXCLUSIONS, AND INDEMNITIES.
PLEASE BE
AWARE THAT SECTION 13 OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW
CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT
LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE
OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH
WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO
BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT:
(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON
AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK
RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
IF YOU ARE ACCEPTING THESE TERMS ON
BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU
HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF
SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE
TERMS.
2.
MODIFICATIONS
TO THE TERMS AND TO THE PLATFORM
2.1 The Terms. SULIIT reserves the right, in our sole
discretion, to modify these Terms, and any other documents incorporated by
reference herein, at any time and without prior notice. SULIIT will post the
latest versions of the Terms on this page at https://suliit.com/seller-policy may also, in our sole
discretion, notify you by sending you a message and/or otherwise notifying you
when you are logged into your account. You agree to periodically review the
Terms in order to be aware of any such modifications and your continued use shall
be your acceptance of these Terms. If you do not agree, you may not access or
use the Platform. Any non-material change (such as
clarifications) to these Terms and any new terms governing new features,
functionality, or services will become effective on the date the change is
posted. Any material changes to the Terms will be effective: (i) immediately if
you are a new User of the Website, the App, and/or Service; and (ii) if you are
an existing User of the Website, the App, and/or Service, upon the earlier of
(a) thirty (30) days after notice is provided of such changes, which notice may
be provided on the Website for existing Users or by dispatch of an e-mail or
in-App notice, or (B) your acceptance of the updated Terms. SULIIT may require
you to provide consent to the updated Terms in a specified manner before
further use of the Website, the App, and/or the Services is permitted. If you
do not agree to any change(s) after receiving a notice of such change(s) or
otherwise do not agree with these Terms, you shall stop using the Website, the
App, and/or the Service. Otherwise, your continued use of the Platform constitutes
your acceptance of such change(s).
2.2 The Platform. The information, content and material
on the Platform may be changed, withdrawn, or terminated at any time in our
sole discretion without notice. We will not be liable if, for any reason, all
or any part of the Platform is restricted to Users or unavailable at any time
or for any period.
3.
ELIGIBILITY
AND REGISTRATION
3.1 Eligibility. Before you use the
Platform, you must ensure that such use is in compliance with all laws, rules
and regulations applicable to you. Your right to access the Platform is revoked
to the extent your use thereof is prohibited or to the extent our provision
thereof conflicts with any applicable law, rule or regulation. You are
responsible for making these determinations before using the Platform. THE
PLATFORM IS NOT TARGETED TOWARDS, NOR INTENDED FOR USE BY, ANYONE UNDER THE AGE
OF 18. BY USING THE PLATFORM, YOU REPRESENT AND WARRANT TO US THAT: (A) YOU ARE
18 YEARS OF AGE OR OLDER; OR (B) ARE OF THE LEGAL AGE OF MAJORITY UNDER
APPLICABLE LAW TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE
FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE
REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE PLATFORM. IF NECESSARY, WE MAY ASK YOU FOR PROOF
OF YOUR AGE. IF YOU ARE UNABLE TO PROVIDE PROOF OF YOUR AGE, WE RESERVE THE
RIGHT, AT OUR SOLE DISCRETION, TO HALT YOUR REGISTRATION.
3.2 Registration Data. You will need to register as a “Business
Owner/Seller” on the Platform and create a password-protected account (your “User/Seller Account”). You can register
for a User/Seller Account using certain third-party account and log-in
credentials, such as your Apple or Google credentials. You must provide your full legal name, business number
(if applicable), and any other information requested in order to complete the
signup process and access certain features of the Platform. By creating
a User/Seller Account, you agree to provide accurate, current, and complete
information during the registration or request submission process and at all
other times when you use the Platform, and to update information to keep it
accurate, current, and complete. You are solely responsible for safeguarding
the confidentiality and security of your User Account password. You are solely
responsible for all activity that occurs on your User Account by any person or
automated process, and you will notify us immediately of any unauthorized use.
We are not liable for any losses by any party caused by an unauthorized use of
your User Account. You are liable for the losses of SULIITor others due to any
unauthorized use of your User Account related to your failure to comply with
these Terms.
3.3 Account Ownership. If you
register for the Platform on behalf of a business organization, that business
organization will be the legal and beneficial account owner. For the purpose of
these Terms, regardless of whether you register for a User Account as an
individual, or on behalf of an organization, the billing contact person will be
the default account owner (the “Account Owner”). The Account
Owner will have certain rights within the User Account, including the right to
cancel the User Account, delete information from the User Account, and appoint
administrators. Notwithstanding anything to the contrary contained herein, you
acknowledge and agree that the term Account Owner does not convey or connote
ownership rights or any other property interest in a User Account, even where
you are designated as the Account Owner, and you further acknowledge and agree
that all rights in and to your User Account are and shall forever be owned by
and inure to the benefit of SULIIT. Although the
Account Owner can also appoint a new Account Owner if the billing contact is
not the appropriate person to manage the User Account, in the event of a
dispute regarding entitlement to access a User Account, we reserve the right to
request documentation to determine or confirm account ownership. Documentation
may include, but is not limited to, your business number, government issued
photo ID, a copy of your business license, articles of incorporation, or any
other information that SULIIT may
reasonably request in its discretion. SULIIT retains the right to determine, in our sole judgment, who the rightful
Account Owner is and may transfer a User Account to the person we consider is
the rightful Account Owner. If we are unable to reasonably determine the
rightful Account Owner, SULIIT reserves
the right to temporarily disable a User Account until resolution has been
determined between the disputing parties.
4.1 Security. The security of your personal
information is very important to us. We use physical, electronic, and
administrative measures designed to secure your personal information from
accidental loss and from unauthorized access, use, alteration, and disclosure.
Unfortunately, the transmission of information via the Internet is not
completely secure. Although we do our best to protect your personal
information, we cannot guarantee the security of your personal information
transmitted to the Platform. Any transmission of personal information is at
your own risk. We are not responsible for circumvention of any privacy settings
or security measures contained on the Platform. If you create a User Account on behalf of a
corporation or entity, you are responsible for any actions of administrative
Users you add to your User/Seller Account and you are liable for any payment
obligations that they incur. User/Seller Accounts are intended for one user
only and are not to be shared by multiple users. We will not be liable for any
loss or damage arising from your failure to comply with these requirements.
4.2 Security Prohibitions. You are prohibited from
attempting to circumvent and from violating the security of the Platform,
including, without limitation: (a) accessing content and data that is not
intended for you; (b) attempting to breach or breaching the security and/or
authentication measures which are not authorized; (c) restricting, disrupting
or disabling service to Users, hosts, servers, or networks; (d) illicitly
reproducing TCP/IP packet header; (e) disrupting network service and otherwise
disrupting the Platform owner’s ability to monitor the Platform; (f) using any
robot, spider, or other automatic device, process, or means to access the Platform
for any purpose, including monitoring or copying any of the material on the Platform;
(g) introducing any viruses, trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful; (h) attacking the Platform
via a denial-of-service attack, distributed denial-of-service attack, flooding,
mailbombing, or crashing; and (i) otherwise attempting to interfere with the
proper working of the Platform.
5.
ABOUT THE
PLATFORM
5.1 The Platform. The SULIIT Platform provides Users who are shopping (the
"Clients/Buyers") with various
products/services to buy from third party
sellers (the "Business Owners/Sellers")
who offer products/services to Client accepting the terms of the Business
Owner’s price (the "Product/Service"). The Platform
further enables the Business Owner to run a
mobile business, including without limitation, listing Products/Services, as
well as a payment processing service. The underlying hardware, software,
network storage, and related technology required to run the Platform is
provided by and its third-party vendors and hosting partners and payment
is processed by TAP- UAE. We may include a feature
for Business Owners to provide a review of Clients which shall be available on
the Platform for prospective Clients to read. You acknowledge and agree that
any reviews left are Users opinions, and that we are not liable to you in any
way whatsoever for the content of such reviews.
5.2 Privacy. We care about the
privacy of our Users. For more information please see our Privacy Policy,
located at https://suliit.com/privacy-policy and under the
“Settings — Privacy Policy” section of our App. By using the Platform, you
consent to our collection, use, and disclosure of personal information and
other data as outlined therein.
5.3 Accepting Purchase/Service Order. Prospective
Clients will be able to search the Platform to find products/services that meet
their requirements and place a purchase order to those products/services. Each purchase
order will provide the potential Seller details about the prospective customer’s
order. Order placed by Client is automatically accepted by the platform, and
purchase order is sent to the Seller immediately. The Seller will take
necessary actions to prepare the Purchase/Serviceand deliver to the Client as
per delivery policy.
6.
FEES, PAYMENT
TERMS, UPGRADING, AND DOWNGRADING
6.1 Important Clarification Regarding Relationship. Business Owners/Sellers contract
directly with Clients/Buyers. We will not be a party to any agreements or
contracts for the Order. We act to
coordinate payments between Clients/Buyers and Business Owners/Sellers but do
not act as a prime contractor for the Purchase
and nothing in our involvement in the payment process makes us responsible for
the Purchase.
6.2 Price Rates. Business Owners/Sellers listed on
the Platform set the rates for the Products/Services
(the "Rates") they provide to Clients. The Rates may
exclude any and all materials required by Business Owners to complete the Service.
6.3 Fee and Refund for
Platform Use. SULIIT shall charge the Business Owner/Seller a
non-refundable fee percentage from the Gross Revenue of each transaction the Business
Owner's Gross Revenue, plus any applicable taxes, for use of the Platform. Fee
percentage depends on the category of the Purchase/Services old. Details of fee
percentage can be found on the Sellers’ account page. Upon successful completion
and processing of payment by TAP, for a Purchase a portion of the funds, equal
to the fee percentage plus applicable taxes, shall be directly payable to SULIIT.
6.4 Changes to Fees and Billing. We reserve the right to
introduce or charge, or change fees, or implement charges for features of the
Platform as indicated to Users from time to time. Any revised fees will take
effect thirty (30) days from the date of posting to the Platform or
notification to your User Account. If you choose to terminate your User Account
after notification of any new or additional fees, you must do so before the
thirty (30) day period, after which such charges will be applied to your User
Account, if applicable.
6.5 Payment Processor. Users are not required to provide
their bank account or credit cards details directly to us when registering for
a User Account, we use a secured third party, namely, TAP, to process online
payments. You will provide this information to our third-party payment
processor TAP. (the "Payment Processor"). You acknowledge
and agree that the terms of the Payment Processor will govern your agreement
and interactions with the Payment Processor and that our Terms and policies do
not govern and that we have no liability arising from your use of or access to the
Payment Processor. You should review the applicable terms and policies of the
Payment Processor, including its privacy and data gathering practices. We are
not responsible for any arrears by the Payment Processor.
7.
BUSINESS
OWNER REPRESENTATIONS AND WARRANTIES
7.1 Business
Owners/Sellers as Customers, Not Employees. Business Owners/Sellers
understand and agree that they are customers of SULIIT, and are not SULIIT’ employees, contractors, consultants,
joint venturers, partners, or agents. Business Owners/Sellers acknowledge that
they provide their own products/services, are free to post and sell their
products/services through other platforms and lead sources. SULIIT does not
control, and has no right to control, the prices a Business Owner/Seller provides
(including the description details of the products/services), except as
specifically noted herein or on the Platform.
7.2 Business
Owner Compliance and Qualifications. By registering or using the Platform
to offer, post, or provide Product/Service, Business Owners/Sellers represent
and warrant that they, and the employees, agents, suppliers contractors, and
subcontractors who may perform work for them, are properly and fully qualified
and experienced, and licensed, certified, bonded, and insured, as required by
applicable laws or regulations to which they may be subject in the
jurisdiction(s) in which they offer their Product/Purchase/Serviceand in
relation to the specific job they are performing. Business Owners/Sellers
otherwise agree to comply with all applicable laws, including the Personal
Information Protection and Electronic Documents Act, Canada’s Anti-Spam
Legislation, Competition Act, and Client Protection Act, in their use of the
Platform and any personal information obtained from the Platform.
7.3 No Engagement
Guarantee. Business Owners understand and agree that using the Platform
does not guarantee that anyone will purchase their Product/Service.
8.1 Conditions of Use. As a condition of your access and use
of the Platform, you agree that you may use the Platform only for lawful
purposes and in accordance with these Terms. The following Platform content
standards apply to any and all content, data, text, software, music, sound,
photographs, graphics, video, messages, material, and information a user whether
publicly or private submits, posts, publishes, displays, or transmits
(collectively, "submit")
to the Platform or to other Users including personal information (collectively,
"User Content"). Any and
all User Content must also comply with all applicable federal, provincial,
local, and international laws, regulations, and Terms.
8.2 Listing Limitation Rules. Listing limitation rules
are in place to help Business Owners/Sellers focus on performing products and
improve the quality of their overall assortment of offerings.
8.3 Our deep research shows that the store tends to lose
traffic and sales opportunities when they have many low-performing, duplicate,
or similar products.
8.4 With this rule, sellers are limited to uploading
only 10,000 active products in their Suliit Shop.
8.5 Alongside this, sellers cannot maliciously upload
large volumes of low-performing, duplicated, or similar products.
8.6 Listing Limitation Rules & FAQs
-
Why is there
a limitation with SKU listing?
Based on our experience and
research, it is evident that most new sellers have better sales when they begin
with a few items. With a smaller number of products, the new sellers will be
able to take time to get familiar with our platform.
We strongly encourage all our
store partners to start with a limited number of products to have better
traffic and performance.
-
How do we
sell better with limited SKUs?
More products (SKUs) in your
store with few varieties and product quality will not increase conversions.
With a reasonable number of products in your shop, sellers can ensure better
quality information on the
product display page. This will improve the overall shopping experience of our
customers.
-
How can
sellers sell more with limited listings?
Make Use of Variations
Improve Visibility of
High-Performing Products
Increasing
Searchability of Your Products with the Use of Tags
8.7 Multiple
Store Guidelines
-
These
multiple-store guidelines are set in place to ensure equal opportunity for all.
-
There may be
sellers who will be getting terminated or banned from selling on the Suliit
platform. Such a seller will not be allowed to put the store again by changed
name. If the seller is found to sell illegal items in their store, their other
stores will be terminated/banned as well.
-
Any seller
selling similar items in every store will have to take down all other stores
and sell only in one store.
-
A seller can
have only 10 multiple stores at a time with different products.
-
All the
seller partners are requested to abide by all the rules on Suliit’s platform.
Any seller found to violate the rules of the platform will be immediately taken
down and strict legal actions may be taken depending on the degree of violation
of policies.
- However, before terminating any seller store, our seller partner will receive a notification regarding store termination from us. You may raise a request to review the notification by writing us at HELLO@SULIIT.COM.
-
Every seller
should verify themselves before selling any product to avoid any automatic
suspension of their account from Suliit.
8.8 Purchase/Service
Content. You acknowledge and agree that the Purchase/Service
may contain content (“Purchase/Service Content”) that is protected by
copyright, trademark, trade secret, or other proprietary rights and laws.
Except as expressly authorized by SULIIT, you agree not to modify, copy, frame,
scrape, rent, lease, loan, sell, distribute, or create derivative works based
on the Purchase/Service Content, in whole or in part, except that the foregoing
does not apply to your own User Content (as defined above) that you upload to
or make available through the Purchase/Service in accordance with these Terms.
Any use of the Purchase/Service Content other than as specifically authorized
herein is strictly prohibited.
8.9 Prohibited
Activities. As a User of the Platform, you may not:
8.9.1 Post/Offer
products/Services that you do not own or intend to complete.
8.9.2 Recruit,
solicit, or contact in any form Business Owners/Sellers or Clients for
employment or any other use not specifically intended by the Platform.
8.9.3 Use
the Platform to "stalk", harass, threaten, intimidate, harm, cause a nuisance
to, annoy, or inconvenience any Users of the Platform or collect or store any
personally identifiable information about any Users other than for purposes of
transacting a Purchase.
8.9.4 Solicit
personal information from anyone under the age of 18.
8.9.5 Use communication features of the Purchase/Service (or other
functionality made available through the Service) to transmit unsolicited or
unauthorized advertising, solicitations for business, promotional materials,
“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of
solicitation.
8.9.6 Include
or contain any material that is exploitive, obscene, harmful, threatening,
abusive, harassing, hateful, defamatory, sexually explicit or pornographic,
violent, inflammatory, or discriminatory based on race, sex, religion,
nationality, disability, sexual orientation, or age or other such legally
prohibited ground or be otherwise objectionable, such determination to be made
in our sole discretion.
8.9.7 Use
another person's User Account, misrepresent yourself or the Service offered
through the Platform, misrepresent your identity or qualifications,
misrepresent a project or other information in a quote request, or post User
Content in any inappropriate category or areas on the Platform.
8.9.8 Involve,
provide, or contribute any false, inaccurate, or misleading information.
8.9.9 Notwithstanding
anything to the contrary contained in these Terms, collect, harvest, publish,
or “sell” any personal information, including but not limited to, information
related to Users for any reason not explicitly authorized by these Terms,
including commercial solicitation purposes.
8.9.10 Impersonate
or attempt to impersonate SULIIT, a SULIIT employee, other Users, or any other
person or entity (including, without limitation, by using email addresses or
screen names associated with any of the foregoing).
8.9.11 Fail
to comply with Clients requests (including, those made on their behalf by SULIIT) to no longer receive phone calls, text
messages, e-mails or any other communications from you.
8.9.12 Fail
to perform the Service purchased from you as promised, unless the applicable Clients
fail to meet a material term of the applicable agreement for such Service
(including by refusing to pay).
8.9.13 Encourage
any other conduct that restricts or inhibits anyone's use or enjoyment of the
Platform, or which, as determined by us, may harm us or Users
of the Platform or expose them to liability.
8.9.14 Encourage
or facilitate illegal activity, pornographic or obscene Purchase/Service, including
sexual and escort Service, offers and solicitations of prostitution, and
pornography.
8.9.15 Include
or contain any material that is exploitive, obscene, harmful, threatening,
abusive, harassing, hateful, defamatory, sexually explicit or pornographic,
violent, inflammatory, or discriminatory based on race, sex, religion,
nationality, disability, sexual orientation, or age or other such legally
prohibited ground or be otherwise objectionable, such determination to be made
in our sole discretion.
8.9.16 Request,
offer, negotiate, or complete any activity that you have no legal right to
request or perform.
8.9.17 In any
manner violate any applicable federal, provincial, local, or international law
or regulation including, without limitation, any laws regarding the export of
data or software, patent, trademark, trade secret, copyright, or other
intellectual property, legal rights (including the rights of publicity and
privacy of others) or contain any material that could give rise to any civil or
criminal liability under applicable laws or regulations or that otherwise may
be in conflict with these Terms and our Privacy Policy found at https://suliit.com/privacy-policy.
9.
GRANT OF
LICENSE
9.1 User
Content and Your License to Us. The Platform permits you to post, upload, publish, submit or transmit
User Content. By making available any User Content on or through the Platform,
you hereby grant to SULIIT a worldwide, irrevocable, perpetual, non-exclusive,
transferable, royalty-free license, with the right to sublicense, to use, copy,
adapt, modify, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, stream, broadcast, access, view, and otherwise utilize such
User Content on, through, by means of or to promote, market or advertise the
Platform, or for any other purpose in our sole discretion. SULIIT does not
claim ownership rights in your User Content and nothing in these Terms will be
deemed to restrict rights that you may have to use and exploit any such User
Content submitted, posted, uploaded, published, or transmitted on or through
the Platform by you. By submitting any User Content, you:
9.1.1 Acknowledge
and agree that you are solely responsible for all User Content that you make
available on or through the Platform.
9.1.2 Represent
and warrant that: (a) you either are the sole and exclusive owner of all User
Content that you make available on or through the Platform or you have all
rights, licenses, consents and releases that are necessary to grant us the
rights in such User Content, as contemplated under these Terms; and (b) neither
the User Content nor your posting, uploading, publication, submission or
transmittal of the User Content or our use of your User Content (or any portion
thereof) on, through or by means of the Platform will infringe, misappropriate
or violate a third-party's patent, copyright, trademark, trade secret, moral
rights or other proprietary or intellectual property rights, or rights of
publicity or privacy, or result in the violation of any applicable law or
regulation.
9.1.3 Indemnify
us and hold us harmless from any claims, losses, damages or expenses incurred
by us in respect of any third party claims that your User Content infringes on
any other person's rights.
9.1.4 Acknowledge
that we reserves the right, at any time and without prior notice, to remove,
edit or disable your User Content that we, in our sole discretion, consider to
be objectionable, in violation of these Terms or otherwise harmful to the
Platform or Users, or for any other reason, and you understand it remains your
sole responsibility to monitor your User Content and ensure that such edited
Content is accurate and consistent with your representations and warranties in
these Terms.
9.2 Our
License to You. Provided that you are eligible for use of the Platform, and subject to
your compliance with these Terms, SULIIT hereby grants you a limited,
non-transferable, revocable (at any time with or without notice or cause), and
non-exclusive right and license to access and use the Platform and to download
or print a copy of any portion of the User Content solely for your personal,
non-commercial use and only in connection with your access to and participation
in the Platform. You agree to respect all copyright and other legal notices,
information, and restrictions contained in any content accessed through the
Platform. You further agree not to use, copy, adapt, modify, prepare derivative
works based upon, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, stream, broadcast or otherwise exploit the Platform or User
Content, except as expressly permitted in these Terms. If we revoke our license
to you, you agree to remove any User Content infringing these Terms and that
these Terms will survive such revocation and continue to bind you.
10. APP TERMS
10.1 App Stores. With
respect to the access through or download of the App from the Apple App Store,
Google Play, or any other third-party marketplace (collectively, the “App
Store”), you will only use the App: (i) on the branded device of the
applicable App Store owner, if required by the App Store owner’s marketplace
terms and conditions; and (ii) as permitted by the “Usage Rules” outlined in the applicable App Store terms and conditions. The App is licensed to you
and not sold. Nothing in these Terms gives you a right to use the SULIIT names, trademarks, logos, domain names, and other
distinctive brand features without our prior written consent, and all goodwill
generated from the use of the foregoing will inure to SULIIT’ exclusive
benefit. You shall not attempt to override or circumvent any of the usage rules
or restrictions on the Platform. Any future release, update, or other addition
to functionality of the Platform shall be subject to these Terms.
10.2 Third-Party App Stores. Mobile Users
acknowledge and agree that the availability of the App is dependent on the App
Store from which you received the App license. To use the App, you must
have access to a wireless network, and you agree to pay all fees associated
with such access. You also agree to pay all fees (if any) charged by the App
Store in connection with the Platform.
11. ACCOUNT MONITORING AND TERMINATION
11.1 Termination
by Us. We may, in our discretion, with or without cause, with or without
prior notice and at any time, limit, block, suspend, deactivate or terminate
your User Account in whole or in part. Cause
for such termination may include, but not be limited to, (a) breaches or
violations of these Terms or any other agreement that you may have with us
(including, without limitation, non-payment of any fees owed in connection with
the Platform or otherwise owed by you to us), (b) requests by law enforcement
or other government agencies, (c) a request by the account owner, (d)
discontinuance or material modification to the Platform, (e) unexpected
technical, security, or legal issues or problems, (f) actual or suspected
participation by you, directly or indirectly, in fraudulent or illegal
activities, or (g) verbal, physical, written, or other abuse (including threats
of abuse or retribution) of any SULIIT customer,
employee, member, or officer. Termination of your access to the Platform may
also include removal of some or all of the materials uploaded by you.
11.2
Termination by You. You are solely responsible for properly canceling your User Account.
You may cancel your use of the Platform and/or terminate your User Account at
any time by following the "Settings" link in your profile, clicking
"Account," and clicking "Deactivate Account." Please note
that if your User Account is cancelled, we do not have an obligation to delete
or return to you any User Content you have posted to the Platform, including,
but not limited to, any reviews. Please see our https://suliit.com/privacy-policy, incorporated herein by reference, for
information regarding data deletion and retention.
12. INTELLECTUAL PROPERTY RIGHTS AND
OWNERSHIP
12.1
Intellectual Property Ownership and
Protection. You
understand and agree that the Platform and its entire contents, features, and
functionality, including, but not limited to, all information, software, code,
data text, displays, graphics, photographs, images, video, audio, music,
broadcast, design, presentation, Platform layout, selection, and arrangement,
are owned by SULIIT, its licensors,
or other providers of such material and are protected in all forms by
intellectual property laws including, without limitation, copyright, trademark,
patent, trade secret, and any other proprietary rights.
12.2 Trademarks
and Use of Proprietary Material. Notwithstanding anything else in this Agreement, SULIIT,
"WWW.SULIIT.COM", the SULIIT logo and design, and all related names,
logos, product and service names, designs, images, and slogans are trademarks
of SULIIT or its affiliates or licensors. You must not use such marks without
the prior written permission of SULIIT. Other names, logos, product and service
names, designs, images, and slogans mentioned, or which appear on this Platform, are the trademarks of their respective owners. Use of any such property, except
as expressly authorized, shall constitute an infringement or violation of the
rights of the property owner and may be a violation of federal or other laws
and could subject the infringer to legal action.
13. DISPUTE RESOLUTION
PLEASE READ THIS SECTION
CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT
IN COURT.
13.1 Contact Us First. SULIIT is always interested in resolving disputes amicably
and efficiently, and most customer concerns can be resolved quickly and to the
customer’s satisfaction by contacting customer support using the Chatbox/Chatroom
available through the Platform.
ARBITRATION AGREEMENT
Please read the following arbitration agreement in this
Section (“Arbitration Agreement”) carefully. It requires you to arbitrate
disputes with SULIIT and limits the manner in which you can seek relief from
us.
13.2 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in
any way to your access or use of the Website, the App, and/or the Purchase/Service,
to any products sold or distributed through the Website, the App, and/or the
Service, or to any aspect of your relationship with SULIIT, will be resolved by
binding arbitration, rather than in court, except that (i) you may assert
claims in small claims court if your claims qualify; and (ii) you or SULIIT may
seek equitable relief in court for infringement or other misuse of intellectual
property rights (such as trademarks, trade dress, domain names, trade secrets,
copyrights, and patents). This Arbitration Agreement shall apply, without
limitation, to all claims that arose or were asserted before the Effective Date
of this Agreement or any prior version of this Agreement.
13.3 Pre-Arbitration Dispute Resolution. SULIIT is always interested in resolving disputes
amicably and efficiently, and most customer concerns can be resolved quickly
and to the customer’s satisfaction by emailing customer support at Hello@SULIIT.COM.
If such efforts prove unsuccessful, a party who intends to seek arbitration
must first send to the other, by certified mail, a written Notice of Dispute
(“Notice”). The Notice to SULIIT should be sent to SULIIT dba SULIIT to Hello@Suliit.com.
The Notice must (i) describe the nature and basis of the claim or dispute and
(ii) set forth the specific relief sought. If SULIIT and you do not resolve the
claim within sixty (60) calendar days after the Notice is received, you or SULIIT
may commence an arbitration proceeding. During the arbitration, the amount of
any settlement offer made by SULIIT or you will not be disclosed to the
arbitrator until after the arbitrator determines the amount, if any, to which
you or SULIIT is entitled.
13.4 Arbitration Rules and Forum. The arbitration will be conducted under the
Simplified Arbitration Rules of the ADR Institute of Canada Inc. The language
of the Arbitration will be English.
13.5 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope
and enforceability of this Arbitration Agreement and (b) resolve any dispute
related to the interpretation, applicability, enforceability, or formation of
this Arbitration Agreement including, but not limited to any claim that all or
any part of this Arbitration Agreement is void or voidable. The arbitration
will decide the rights and liabilities, if any, of you and SULIIT. The
arbitration proceeding will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the authority
to grant motions dispositive of all or part of any claim. The arbitrator shall
have the authority to award monetary damages and to grant any non-monetary
remedy or relief available to an individual under applicable law, the arbitral
forum’s rules, and these Terms (including the Arbitration Agreement). The
arbitrator shall issue a written award and statement of decision describing the
essential findings and conclusions on which the award is based, including the
calculation of any damages awarded. The arbitrator has the same authority to
award relief on an individual basis that a judge in a court of law would have.
The award of the arbitrator is final and binding upon you and us.
13.6 30-Day Right to Opt Out. You have the
right to opt out of the provisions of this Arbitration Agreement by sending
written notice within 30 days after first becoming subject to this Arbitration
Agreement by email to SULIIT at Hello@Suliit.com. Your notice must include
your name and address, your SULIIT username (if any), the email address you
used to set up your SULIIT account (if you have one), and an unequivocal
statement that you want to opt out of this Arbitration Agreement. If you opt
out of this Arbitration Agreement, all other parts of these Terms will continue
to apply to you. Opting out of this Arbitration Agreement has no effect on any
other arbitration agreements that you may currently have, or may enter in the
future, with us.
13.7 Waiver of Class
Actions. You hereby agree and acknowledge that you may only resolve disputes with
us on an individual basis, and may not bring a claim as a plaintiff or a class
member in a class, purported class, consolidated, or representative action. You
further agree that, by entering into these terms, you and the SULIIT Companies
each agree that all claims and disputes shall be resolved under these Terms.
13.8 Waiver
of Jury Trial. You hereby waive any
constitutional or statutory right to go to court and have a trial in front of a
judge or jury on an individual, class action, or representative action basis.
In the event any litigation should arise between you and us, in any
jurisdiction, in a suit to vacate or enforce an Arbitration award or otherwise,
you and the SULIIT Companies waive all rights to a jury trial, instead electing
that the dispute be resolved by a judge, and agree to take any and all action
necessary or appropriate to effect such waiver.
13.9
Statute of Limitations. You hereby agree that any
claim under this Agreement must be brought within one year of the act giving
rise to the claim.
13.10 Governing Law. You agree that the laws of
the Province of Ontario, Canada, without regard to principles of conflict of
laws and without giving effect to any principles that provide for the
application of the law of any other jurisdiction, will govern this Agreement
and any dispute of any sort that might arise between you and us. You hereby
irrevocably attorn to the exclusive jurisdiction of the Courts of the Province
of Ontario with respect to any dispute hereunder.
13.11 Severability. Except
as provided in subsection 13.6, if any part or parts of this Arbitration
Agreement (other than the subsection 13.7 above titled “Waiver of Class Actions”)
are found under the law to be invalid or unenforceable, the parties agree to
replace such part or parts with a term or provision that is valid and
enforceable and that comes closest to expressing the intention of the invalid
or unenforceable part or parts, and this Arbitration Agreement will be
enforceable as so modified. If any of the provisions of subsection 13.7 above
titled “Waiver of Class Actions” are invalid or unenforceable, then the
entirety of this Arbitration Agreement will be null and void, unless such
provisions are deemed to be invalid or unenforceable solely with respect to
claims for public injunctive relief. The remainder of these Terms will continue
to apply.
13.12 Survival of Agreement. This
Arbitration Agreement will survive the termination of your relationship with SULIIT.
14. DISPUTES BETWEEN OR AMONG USERS
14.1 User
Disputes. You agree that you are solely responsible for your
interactions with any other Users in connection with the Platform, and SULIIT will have no liability or responsibility with respect
thereto. SULIIT reserves the right, but
has no obligation, to become involved in any way with disputes between you and
any other Users of the Platform.
15. DISCLAIMER OF WARRANTIES
15.1 No
Responsibility for Others' Content. We are not responsible or liable in
any manner for any User Content or Third-Party Content available on the
Platform, whether made available or caused to be made available by Users or by
any of the technology associated with or utilized in the Platform. Although we
provide these Terms and other policies and rules for User conduct, we do not
control and are not responsible for our Users' actions and are not responsible
for any material you may encounter on the Platform. We are not responsible for
the conduct, whether online or offline, of any Users. Notwithstanding anything
else in these Terms, the SULIIT Companies have no responsibility to monitor any
User Content or Third-Party Content.
15.2 No
Reliance. The content on our Platform is provided for general
information purposes only. It is not intended to amount to advice on which you
should rely. You must obtain more specific or professional advice before
taking, or refraining from, any action or inaction on the basis of the content
on our site.
Although we make reasonable efforts to update the information on our Platform,
we make no representations, warranties, or guarantees, whether express or
implied, that the content on our Platform is accurate, complete, or up to date.
Your use of the Platform is at your own risk and the SULIIT Companies have no
responsibility or liability whatsoever for your use of the Platform.
15.3 No Guarantee. SULIIT may provide to Business
Owners/Sellers the phone numbers that Clients provide in connection with a
request. Such phone numbers are not verified, and SULIIT makes no representation
or warranty as to their validity.
15.4 AS IS; AS AVAILABLE. THE PLATFORM AND THE PLATFORM
CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THE SULIIT
COMPANIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SULIIT
COMPANIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF
THE PLATFORM OR MAKE ANY WARRANTY AS TO THE TIMELINESS, ACCURACY, RELIABILITY,
COMPLETENESS, OR QUALITY OF ANY SERVICE, INFORMATION OR MATERIALS PROVIDED
THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM. THE SULIIT COMPANIES DO
NOT REPRESENT OR WARRANT THAT THE PLATFORM CONTENT IS ACCURATE, COMPLETE,
RELIABLE, CURRENT OR ERROR-FREE. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT
THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU
SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. THE SULIIT COMPANIES
DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT OR THIRD-PARTY
SITES.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO
CIRCUMSTANCE WILL THE SULIIT COMPANIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES,
SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NO MORE THAN THE AMOUNT EQUAL TO THE SERVICE
FEE CHARGED TO THE CLIENTS BY THE BUSINESS OWNER/SELLER FOR NEGLIGENCE, GROSS
NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY
KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH
OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON
TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR
RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY
WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON. THESE LIMITATIONS SHALL
APPLY EVEN IF SULIIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SULIIT LIABILITY TO
YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE
LIMITED TO THE GREATER OF (I) ONE HUNDRED US DOLLARS ($100) OR (II) THE AMOUNTS
YOU’VE PAID SULIIT IN THE PRIOR TWELVE (12) MONTHS (IF ANY). THE FOREGOING
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
17. INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE SULIIT COMPANIES AND THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS,
SUPPLIERS, SUCCESSORS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL
CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR
FEES (INCLUDING REASONABLE LEGAL FEES) INCURRED
IN CONNECTION WITH, BUT NOT LIMITED TO, ANY MATERIALS SUBMITTED, POSTED,
TRANSMITTED, OR MADE AVAILABLE BY YOU THROUGH THE PLATFORM AND/OR ANY VIOLATION
BY YOU OF THESE TERMS, THE RIGHTS OF ANY THIRD-PARTY, OR ANY APPLICABLE LAW OR
REGULATION. SULIIT WILL PROVIDE NOTICE TO YOU OF ANY SUCH CLAIM, SUIT, OR
PROCEEDING. SULIIT RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND
CONTROL OF ANY MATTER WHICH IS SUBJECT TO INDEMNIFICATION UNDER THIS PROVISION,
AND YOU AGREE TO COOPERATE WITH ANY REASONABLE REQUESTS ASSISTING SULIIT’
DEFENSE OF SUCH MATTER. YOU MAY NOT SETTLE OR COMPROMISE ANY CLAIM AGAINST THE SULIIT
PARTIES WITHOUT SULIIT’ WRITTEN CONSENT.
If any term or provision of these Terms is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of these Terms or
invalidate or render unenforceable such term or provision in any other
jurisdiction.
19.
CONFIDENTIALITY
“Confidential
Information” means information of a
party (“Disclosing Party”) that the other party (“Receiving Party”)
receives in connection with the Purchase/Service, which based on the
circumstances under which it was disclosed, a reasonable person would believe
to be confidential to the Disclosing Party, including, without limitation,
customer information, transactional information, and any other non-public
content posted, transmitted or accessed through the Purchase/Service
(including, for the avoidance of any doubt, any Beta Purchases/Services). A
Receiving Party shall: (a) limit access and use of Disclosing Party’s
Confidential Information to those of Receiving Party’s employees, agents, and
subcontractors that require such access and use in connection with such party’s
obligations hereunder, who each treat such Confidential Information as provided
in this Section, and who are each subject to obligations of confidentiality to
such party that are at least as stringent as those contained in this Section;
(b) not disclose Disclosing Party’s Confidential Information to third parties
(except those partners or third party service providers used by us to provide
some or all elements of the Purchase/Service and who are bound by duties of
confidentiality), unless authorized under this Section; (c) protect the
Disclosing Party’s Confidential Information as it protects its own Confidential
Information, but in any event with not less than a reasonable degree of care;
and (d) not use the Disclosing Party’s Confidential Information for any purpose
except as required to perform its obligations hereunder or as otherwise
specifically permitted hereunder. Nothing in this Section shall prevent a
Receiving Party from disclosing Confidential Information to a third party to the
extent that such Confidential Information is: (i) previously known to the
Receiving Party prior to disclosure by the Disclosing Party, without any
obligation of confidentiality; (ii) publicly known or becomes publicly known
through no breach of this Agreement by the Receiving Party; (iii) rightfully
received from a third party under no confidentiality obligation with respect to
the Confidential Information; or (iv) independently developed by the Receiving
Party without use of the Disclosing Party’s Confidential Information. In
addition, Confidential Information may be disclosed to governments and their
agencies under lawful order or judicial order. In the event that SULIIT receives
a request or order to release your Confidential Information, we can comply with
the same without your consent. We may notify you of this matter to the extent
not prohibited by law or the applicable order or unless we deem, in our sole
discretion, that notification could be prejudicial and/or might create or
further cause injury or harm to persons or property.
20.
RESPONSES TO LAW ENFORCEMENT
20.1
SULIIT will respond to all valid legal requests to the extent permitted by our
Terms and Conditions, Privacy Policy, and Canadian law.
20.2
Please note that due to the time consuming and costly nature of addressing
disclosure requests, we reserve the right to charge Users, on a time and
material basis, for SULIIT’ efforts taken in response to law enforcement
requests initiated either at a User’s request or where compelled to comply with
court orders, subpoenas and other valid requests in respect of a User Account.
21.
ENTIRE AGREEMENT
These Terms, together with the Privacy
Policy and any other legal notices or additional terms and conditions or
policies published by SULIIT on the Platform, will constitute the sole and
entire agreement between you and SULIIT relating to the Platform and supersedes
all prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, regarding such subject matter.
22. REPORTING
AND CONTACT INFORMATION
22.1 All notices of copyright
infringement claims should be sent to the Privacy Officer designated in our Privacy
Policy found at https://suliit.com/privacy-policy in the manner set out therein.
22.2 Should you become aware of
misuse of the Platform, including libelous or defamatory conduct, you must
report it to SULIIT using the Chatbox/Chatroom available through the Platform.
22.3 All other feedback,
comments, requests for technical support, and other communications relating to
the Platform should be directed to SULIIT using the Chatbox/Chatroom available
through the Platform.
