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Welcome to www.mondeshoppingspree.com, a free and
fee-based online market platform (a business venture operated by Kiravee
Innovations, NB Canada) which sells or offer products and services to global
customers.
This document is an
electronic document as per the Canadian Uniform Electronic Commerce Act (UECA)
1999 (http://publications.gc.ca/Collection-R/LoPBdP/BP/prb0012-e.htm#A.), and
rules made thereunder in Parts 1-3 (sections 5-25). This electronic document is
generated by a computer system and hence, does not require any physical or
digital signatures. This document is published in accordance with the UECA that
require publishing the rules and regulations, privacy policy and user agreement
for access or usage of www.mondeshoppingspree.com.
When vendors use mondeshoppingspree.com website,
they will be subject to guidelines, terms and conditions applicable to the
website. Mondeshoppingspree.com is a transitional web platform that facilitates
and manage an online marketplace to enable sellers to advertise, display, and
offer to sell various products and services enabling potential buyers to
purchase the products or services so offered. Mondeshoppingspree.com also
facilitates the transactions between sellers and the buyers. Accordingly, the
contract for sale of any of the products shall solely be a mutual deal between
seller and the buyer. Mondeshoppingspree.com shall have no any obligations or
liabilities in respect of such deals nor shall mondeshoppingspree.com hold any
title in the products. The title in the products and other rights and interest
in the products shall directly pass to the buyer from the seller.
You may use mondeshoppingspree.com in condition
that you accept all the terms, conditions and notices contained in this User
Agreement. Upon "Acceptance", this User Agreement shall be in effect
and binding upon you along with any amendments made by mondeshoppingspree.com
at its sole discretion and posted on the website and you shall not claim
invalidity of this User Agreement merely on the basis that this User Agreement
is being composed electronically.
For the aforesaid purposes, 'Acceptance' shall mean
Your affirmative action in clicking on 'check box' and on the 'continue button'
as provided on the registration page or clicking on 'Buy Now' button while
transacting as Guest User or any act which reflects your use of
mondeshoppingspree.com or the services provided by mondeshoppingspree.com or
any such other actions that imply your acceptance. Your use of mondeshoppingspree.com
implies that you agree with the terms of the User Agreement. If you do not
agree or are not willing to be bound by the terms and conditions of this User
Agreement and Rules and Policies as displayed on mondeshoppingspree.com, please
do not click on the "check box " and/or on the "continue"
button and do not seek to obtain access to or otherwise use
mondeshoppingspree.com.
Amendments
When you use any of the services provided by us
through mondeshoppingspree.com, you will be subject to the rules, guidelines,
policies, terms, and conditions applicable to such services, and they shall be
deemed to be incorporated into this User Agreement and shall be considered as a
valid addition to this User Agreement. We reserve all the rights, at our sole
discretion, to change, modify, add or remove portions of the User Agreement, at
any time without prior written notice to you. It is your responsibility to
review this User Agreement periodically for updates. Your continued use of
mondeshoppingspree.com following the posting of changes will mean that you
accept and agree to the revisions. As long as you comply with the provisions of
this agreement, we grant you a personal, non-exclusive, non-transferable,
limited privilege to enter and use mondeshoppingspree.com.
Applicable Law for Disputes
Mondeshoppingspree.com is
not liable for any breach of contract entered into between users (includes
registered user or guest user). Mondeshoppingspree.com cannot and
does not guarantee that the concerned users will perform any transaction
concluded on the website. Mondeshoppingspree.com shall not and is
not required to mediate or resolve any dispute or disagreement between users.
However, if any dispute arises between mondeshoppingspree.com and a user, an arbitration
process would be appropriate. Arbitration Act and Canadian federal arbitration
laws may apply to this agreement. To initiate an arbitration proceeding, you
shall deliver a Notice of Arbitration to mondeshoppingspree.com and shall at
the same time deliver a copy of the Notice of Arbitration to the Canadian
Arbitration Association. The arbitration will be conducted by the Canadian
Arbitration Association (CAA) under its rules.
We each agree that
any dispute resolution proceedings will be conducted only on an individual
basis. If for any reason a claim proceeds in court rather than in arbitration
we each waive any right to a jury trial. We also both agree that you or we may
bring suit in court to order breach or other misuse of intellectual property
rights.
Copyright
Any content
included in or made available through mondeshoppingspree.com such as text,
graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software are the sole property of mondeshoppingspree.com or
its content suppliers, and is protected by Canadian and international copyright
laws. Mondeshoppingspree.com respects the intellectual property of others.
Disclaimer of
Warranties and Limitation of Liability
The applicable laws of certain
jurisdictions in Canada, including Quebec's consumer protection act, do not
allow limitations on implied warranties or conditions or the exclusion or
limitation of certain damages. If any of these laws apply to you, some or all
of the below disclaimers, exclusions, or limitations might not apply to you,
and you might have additional rights for your claim.
Mondeshoppingspree.com makes no
representations or warranties of any nature, express or implied, as to the
operation of the mondeshoppingspree.com or the information, content, materials,
products (including software) made available to you through the
mondeshoppingspree.com, unless otherwise specified clearly in writing. You
expressly agree that you use mondeshoppingspree.com services at your sole
discretion.
To the full extent
permitted by applicable law, mondeshoppingspree.com disclaims all warranties
and conditions, express or implied, including, but not limited to, implied
title warranties, merchantable quality and fitness for a particular purpose.
Mondeshoppingspree.com does not warrant that the mondeshoppingspree.com
information, content, materials, products (including software) or other
services made available to you through the mondeshoppingspree.com, electronic
communications, or e-mail sent from mondeshoppingspree.com services are free of
computer software viruses or other harmful malware components.
mondeshoppingspree.com will not be liable for any damages of any nature caused
by the use of any mondeshoppingspree.com service or from any information,
content, materials, products (including software) made available to you through
mondeshoppingspree.com, including, but not limited to, direct, indirect,
incidental, corrective, and subsequent damages, unless otherwise specified in
writing.
Electronic
Communications
When you communicate with
mondeshoppingspree.com by sending e-mails, text messages, and other form of
communications from any sort of device to us, you are communicating with us
electronically. You thereby consent to receive communications from us electronically.
We will communicate with you electronically by e-mail, or by posting notices
and messages on the mondeshoppingspree.com. You thereby agree that all
agreements, notices, messages, disclosures, and other communications that we
provide with you electronically satisfy any legal requirement.
Licence and Access to Vendor Account
Subject to your compliance with these
Terms & Conditions and your payment of any applicable fees,
mondeshoppingspree.com grants you a limited, non-exclusive, non-transferable,
non-sublicensable licence to access and use of the mondeshoppingspree.com as a
vendor. This vendor licence does not permit you for resale or commercial use of
mondeshoppingspree.com services or its contents, collection and use of product
listings, descriptions, or prices, any derivative use of mondeshoppingspree.com
service or its contents, downloading or copying of account information for the
benefit of another merchant, or use of data mining, or similar data-gathering
and extraction tools. All rights not granted to you in these Terms &
Conditions of use or any Service Terms are reserved and retained by
mondeshoppingspree.com or its licensors, suppliers, publishers, or other
content providers. No mondeshoppingspree.com service, nor any part of any
mondeshoppingspree.com service, may be reproduced in any manor, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without the
proper written consent of mondeshoppingspree.com. You may not frame or use any
framing technique to enclose any trademark, logo, or any other proprietary
information (including graphic images, text, page layouts, or forms) of
mondeshoppingspree.com without proper written consent. You may not misuse the
mondeshoppingspree.com services by posting unsolicited commercial electronic
messages that encourage money laundering or gambling. You may use the
mondeshoppingspree.com services only as permitted by law. The licenses granted
by mondeshoppingspree.com will be terminated if you do not comply with these
Terms & Conditions of use or any Service Terms.
Membership Eligibility and Vendor
Accounts
Mondeshoppingspree.com is available
only for persons who are legally eligible for binding contracts under Canadian
law. mondeshoppingspree.com is open for selling products for children, provided
that an adult who is a parent or legal guardian should purchase products with a
valid credit card or through any other permitted payment method. If you are
under the age of maturity in your province of residence, you may use the
mondeshoppingspree.com only with the permission or involvement of a parent or
guardian. mondeshoppingspree.com reserves the right to refuse service,
terminate vendor accounts, remove or edit contents, or cancel orders in its
sole discretion when mondeshoppingspree.com deems it necessary.
If you use mondeshoppingspree.com as
a guest user, you are solely responsible for maintaining the confidentiality of
your personal identification details and restricting access to your personal
devises, and computer systems. You are fully responsible for all activities
that would occur under your user ID and Password (if registered) or email ID
and phone number (if guest user). You shall provide true and accurate
information about yourself as prompted by mondeshoppingspree.com's registration
form or provided by you as a guest user. You must not include any of Your
contact details such as email addresses etc. in your user ID while registering
as a Registered User; and always;
i.
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete;
ii.
immediately notify us of any unauthorized use of your password or
account or any other breach of security, and
iii.
ensure that you log out from your account at the end of each session.
If You provide any information that
is inaccurate, not current or incomplete or mondeshoppingspree.com has
reasonable proofs that such information is inaccurate, not current or
incomplete, or not in accordance with the User Agreement,
mondeshoppingspree.com has the right to indefinitely suspend or terminate or
block access of your membership with the website and refuse to provide you with
access to the website. mondeshoppingspree.com shall not be liable for any loss
or damage arising from your failure to comply with this Clause.
If you are a seller and use
mondeshoppingspree.com site, you are solely responsible for maintaining the
confidentiality of your own vendor account and password and for restricting
access to your account. And you also agree to accept responsibility for all
activities that occur under your account or password.
(Not applicable to Quebec consumers)
By using mondeshoppingspree.com, you agree that the Canadian Federal
Arbitration Act, applicable Canadian federal laws, and the laws of the Canada,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and
mondeshoppingspree.com. For Quebec consumers: These Conditions of Use and any
dispute of any nature that might arise between you and mondeshoppingspree.com
shall be governed by the laws of the Province of Quebec, without reference to
its conflict of law’s provisions, and the laws of Canada applicable therein,
and any disputes will be submitted to the courts of competent jurisdiction of
the District of Montreal (Quebec).
Our Address: Mondeshoppingspree.com.com,
276 Rainsford Lane, Fredericton NB E3B 7T2 Canada.
Privacy Policy
Please review our Privacy Policy,
which also governs your use of the mondeshoppingspree.com Services, to
understand our practices.
Product Descriptions
We assure that descriptions of
products appear in mmondeshoppingspree.com are accurate to the best of our
knowledge. However, mondeshoppingspree.com does not warrant that product
descriptions posted by vendors or other content of any mondeshoppingspree.com
is accurate, complete, reliable, up-to-date, or error-free. If a product
offered through mondeshoppingspree.com is not as described, your sole remedy is
to return it in unused condition.
Product Pricing
The suggested retail price of a
product is shown as “List Price” which is provided by a manufacturer, supplier,
vendor or seller. We will make sure to regularly check List Prices against
prices recently found on the mondeshoppingspree.com and other retailers. With
respect to items sold through mondeshoppingspree.com by vendors registered
therein, prices of any item cannot be confirmed until you order it. Despite our
best efforts, prices of a small number of the items in our catalogue may not be
up to date. If there is any price difference between the current and the listed
price, we will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such cancellation. Other
merchants may follow their own policies in the event if any such price
difference is noted. We, in general, do not charge your credit card until your
order has entered the shipping process by the respective vendor.
Returns and Refunds
At the respectable vendor’s
discretion, a refund may be issued. For information about returns and refunds,
please see our Returns Center.
Reviews, Comments, Communications,
and Other Contents
Visitors, buyers or any clients may
post reviews, comments, photos, and other contents; send e-cards and other
means of communications; and submit suggestions, comments, questions, or other
information, as long as the content is not illegal, obscene, aggressive,
offensive, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable, and does not consist of
software viruses, commercial solicitation, mass mailings, or any form of
"spam" or unsolicited commercial electronic messages that encourage
money laundering or gambling. You may not use a false e-mail address, mimic any
person or entity, or otherwise mislead as to the origin of a card or other
content. mondeshoppingspree.com reserves the right (but not obliged) to remove
or edit such content, but does not regularly review posted contents.
If you post or submit any material,
and unless we indicate otherwise, you grant mondeshoppingspree.com a full right
to produce, reproduce, modify, publish, perform, translate, distribute,
communicate to the public by telecommunications and display such content
throughout the world in any media. Thus, you grant mondeshoppingspree.com and
sublicencees the right to use the name that you submit in connection with any
such content, if they choose. You also represent and warrant that you own or
otherwise control all the rights to the content that you post; that the content
is accurate and reliable; that use of the content you supply does not violate
mondeshoppingspree.com’s policy and will not cause injury to any person or
entity; and that you will indemnify mondeshoppingspree.com for all claims
resulting from content you post. mondeshoppingspree.com has all rights but not
obliged to monitor and edit or remove any activity or content.
mondeshoppingspree.com takes no responsibility and assumes no liability for any
content posted by you or any third party.
Site Policies, Modification and
Severability
Please review our pricing policy,
posted on the mondeshoppingspree.com. These policies also govern your use of
mondeshoppingspree.com services. We reserve the right to make changes to our
site, policies, Service Terms, and Conditions of Use at any time.
Software Terms
1. You may use
mondeshoppingspree.com software solely for purposes of enabling you to use the
mondeshoppingspree.com services as permitted by the Conditions of Use, of these
software Terms and any Service Terms. You may not incorporate any portion of
the mondeshoppingspree.com software into your own programs or compile any
portion of it alone or in combination with your own programs, transfer it for
use with another service, or sell, rent, lease, lend, loan, distribute or
sub-license for the mondeshoppingspree.com software or otherwise assign any
rights to the mondeshoppingspree.com software in whole or in part. You shall
not use the software for any illegal purpose. We may terminate providing any mondeshoppingspree.com
software and we may terminate your right to use any mondeshoppingspree.com
software at any time. Your rights to use the mondeshoppingspree.com software
will automatically terminate without notice from us if you fail to comply with
any of these software terms, or the Conditions of Use or any other Service
Terms. Additional third-party terms contained within or distributed with
certain mondeshoppingspree.com software that are specifically identified in
related documentation may apply to that mondeshoppingspree.com software and
will govern the use of such software in the event of a conflict with these
Conditions of Use. All software used in mondeshoppingspree.com is the property
of mondeshoppingspree.com or its software suppliers and protected by Canadian
and international copyright laws.
2. When you use the
mondeshoppingspree.com software, you may also be using the services of one or
more third parties. Your use of these third party services may be subject to
the separate policies, terms of use, and fees of the relevant third parties.
3. You may not
encourage, assist or authorize any other person to copy, modify, reverse
engineer, decompile or disassemble, or otherwise tamper with, the
mondeshoppingspree.com software, whether in whole or in part, or create any
derivative works from or of the mondeshoppingspree.com software.
4. In order to keep the mondeshoppingspree.com software up-to-date, we
may offer automatic or manual updates at any time and without notice to you.
5. You must comply
with all export and re-export restrictions and regulations of the Canada
Department of Commerce, Foreign Affairs and International Trade Canada, and
other Canadian agencies and authorities that may apply to the
mondeshoppingspree.com software.
Terms of Software
Updates
In addition to these Conditions of
Use, additional terms may apply to any software (including any updates or
upgrades to the software and any related documentation) that we make available
to you from time to time for your use in connection with mondeshoppingspree.com
services.
Trademarks
Graphics, logos, page headers, button
icons, scripts, and service names included in or made available through
mondeshoppingspree.com are trademarks of mondeshoppingspree.com and they may
not be used in connection with any product or service that is not related to
mondeshoppingspree.com in any manner that would likely to cause confusion among
customers, or in any manner that disparages or discredits
mondeshoppingspree.com. All other trademarks not owned by mondeshoppingspree.com
that appear in mondeshoppingspree.com are the property of their respective
owners, connected to, or sponsored by mondeshoppingspree.com.
Terms & Conditions applied to international sellers
Before you begin selling on mondeshoppingspree.com in a country outside
your business locality, you need to provide a bank account details in a country
supported by mondeshoppingspree.com in order to receive payments. In addition,
you should be aware of the laws that apply to you as a seller and you must only
list and sell products that comply with those laws applicable to
mondeshoppingspree.com. You shall not be engaged in any transaction in an item
or service, which is prohibited by the provisions of any applicable law
including exchange control laws or regulations for the time being in force. You
should consult with your legal and tax advisors who understand the requirements
that may apply to you so that you only offer products on the
mondeshoppingspree.com website that; you are permitted to sell, you are able to
deliver to the customer efficiently, and you are able to provide after sale
services. You should confirm that you have carefully considered the following
matters with your legal and tax experts (as you deem necessary) and that you
agree only to offer products on mondeshoppingspree.com. The followings apply
for each product you offer, promote and/or sell on mondeshoppingspree.com
marketplace website:
1.
Fulfill Customer Expectations. You
shall provide customers with accurate information about the country from which
you are shipping your product. You need to mention the 'shipping from' country
accurately in your vendor profile and manage customer expectations by stating
the actual shipping times from your country. You will be responsible for
meeting the shipping expectations for all orders you receive.
2.
Fast Delivery to the Customer. Each
time you must use a reliable and fast shipping method so that customers receive
their purchased stuffs with no delay. Never let customers to be exposed to
customs delays, additional duties and taxes on their purchases. You shall be
responsible for complying with all import and export obligations and for
payment of all applicable duties and customs fees. Simply, customers should
receive exactly what they ordered without any additional charges or fees and
within the estimated delivery date posted with your offer on the
mondeshoppingspree.com marketplace website.
3.
Friendly Customer Service. You
shall respond quickly to customer contacts in the language of the
mondeshoppingspree.com marketplace website in which you are registered to sell.
Whenever customers have concerns about what they have purchased from you, they
expect prompt and helpful customer service for your products. You should have
properly trained customer service specialists who know your products
descriptions, where the customer's product right at that time is, probable time
of delivery, and who are able to respond quickly within 24 hours to customer
e-mail inquiries or by phone in the language of the mondeshoppingspree.com
marketplace website in which you are registered to sell.
4.
Permission to Sell Your Products Legally- You
must affirm that you are permitted to advertise, offer, and sell the product on
mondeshoppingspree.com marketplace. The laws of each country may vary. As a
seller, it is your responsibility to ensure that you do not present customers
with offers for your products unless you have confirmed that under all
applicable laws, you are permitted to sell and deliver the product to all
potential customers. For example, you should confirm that: applicable export
and import laws permit the delivery of that product to each customer; your
product meets local consumer protection criteria, product compliances and
environmental regulations. For example, the product should comply with local
age restrictions if any, requirements for use and operation (e.g., product
package should accompany product manual in the local language), product safety
requirements and certifications (e.g., comply with all hazardous material restrictions
of the local area, include required warning or other labelling on the product),
sale and delivery of your product will not violate the intellectual property
rights of others including the product manufacturer.
5.
Product Listings- You
shall list your products using the primary language and currency of the
mondeshoppingspree.com marketplace website in which you are registered to sell.
6.
Customer charges- Your
product listing should include all applicable charges and taxes (GST, HST, VAT,
customs duty, excise taxes, etc.). You shall provide VAT invoices to the
customer upon the customer's request, if applicable.
7.
Returns- You shall provide
customers with a return address and pay the return shipping costs to have the
item returned to you in case if the customer is not satisfied with your product
or in case of the product does not comply with the customer’s requirements.
This may be in the form of a prepaid return labels or a reimbursement of return
shipping costs incurred by the buyer.
8.
If you use a freight forwarder or a third-party service to
forward a return shipment, you shall accept the return and process the refund
immediately after the returned item has reached the return address provided to
the buyer. The buyer shall not have any responsible for issues that occur after
the package has reached the return address you provided.
9.
If mondeshoppingspree.com determines, in its discretion, that
you have not provided a return address and did not pay or reimburse a buyer for
the shipping costs for a return, mondeshoppingspree.com may refund the buyer
for any applicable return shipping expenses, and you shall promptly reimburse
mondeshoppingspree.com for these expenses according to the terms of your seller
agreement.
10. Applicable
Taxes- You, as the seller are solely responsible for (i)
accounting any applicable due taxes, and (ii) reporting to the relevant local
tax authority. You are also responsible for meeting any VAT obligations that
may apply to the country to which you deliver your products.
11. Selling
Agreement. You will, at all times, comply with the terms and conditions of
your selling agreement. mondeshoppingspree.com will not sell your product on
behalf of you. You shall be responsible for selling your products in your own
using mondeshoppingspree.com platform.
A reminder of your
obligations when using fulfilment by mondeshoppingspree.com.com
Prior to commence using fulfilment by
mondeshoppingspree.com in any country outside your own business location, you
need to provide a bank account in a country supported by mondeshoppingspree.com
in order to receive payment.
