Terms of Service for Marketspell Website
This Marketspell website is owned and operated by Technologies Market Spell Inc. Marketspell serves as a platform in compliance with the Canada laws for users/members of Marketspell website through which certain Service Providers “Merchants” sell their products and Services. Marketspell acts as a platform for online promotion of the products and Services offered by selected Merchants.
However, the platform itself is not a party to any transaction taking place between the User and the Merchant. Marketspell reserves the right to expel Users and prevent their further access to the website for violating the Terms of Service or applicable laws, rules, or regulations, and the right to remove User Content which is abusive, illegal, or disruptive in violation of the Terms of Service.
This Service and the website are available only to individuals above 13 years of age or registered companies. By using any of the Services and the website, the User expressly agrees to be bound by these Terms and all applicable laws and regulations governing the website and the Services. The Terms form a legally binding agreement between User/member and Marketspell in relation to their use of the website and/or the Services and applies to all Users of the Services, whether registered or not, on the website.
We may, at our sole discretion, modify or revise these Terms of Service and Policies at any time by giving notice on our website and/or through the Services, and Users agree to be bound by such modifications or revisions. Although Marketspell may attempt to notify the User when major changes are made to these Terms of Service, Users should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our website thereafter.
Marketspell may review and delete in its sole judgment any User Content that includes Feedback for the website that violates these Terms of Service, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of Marketspell. Marketspell reserves the right to prevent their further access to it for violating the Terms of Service or applicable law, rule, or regulation and has the right to remove User Content which is in violation of the Terms of Service or is abusive, illegal, or disruptive.
Member means a person who completes Marketspell’s account registration process.
Website means www.marketspell.com
Listing indicates Services/products offered by third parties/Merchants.
Collective Content means Member Content and Marketspell Content.
Content means text, graphics, images, music, software, audio, video, information, or other materials posted by Merchants of shopping malls or locations.
Advertising Regulation means any present or future code of practice, including the Broadcast Canadian Code of Advertising and The Federal Trade Commission (FTC) of the United States, adjudication, decision, direction or rule of any Advertising Regulator, and includes any modifications, amendments, or extensions thereof in force from time to time.
Marketspell Content means all Content that Marketspell makes available through the website, application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a Third Party, but excluding Member Content.
Third Parties/Merchants means any company/entity offering “goods and Services” through the Marketspell Platform.
Ambit of Service
Marketspell is a trusted community marketplace where Third Party/Merchants and Users/members may establish relationships. It builds relationships through digital media and marketing networks. We help Users/members find information about goods and Services, while enabling businesses to make sure their products and Services are seen and heard. Our digital marketing network helps businesses engage their customers, reach new audiences, and attract clients.
Marketspell does not endorse any Content or any opinion, statement, recommendation, or advice expressed herein, and Marketspell expressly disclaims any and all liability in connection with Merchant’s Content.
Third Party Services, Products, and Links
Marketspell is not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of products and Services, including coupons offered by third parties/Merchants. Such third parties may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information regarding such Third Party’s Services, its Privacy Policies, and/or any additional Terms and Conditions that may apply, contact the Third Party directly. User’s participation or business dealings with any Third Party/Merchant found on or through our platform, regarding payment and Services, and any other Terms, Conditions, representations or warranties associated with such dealings, are solely between such Users and Third Party/Merchant.
Users/members release MarketSpell and our affiliates from any damages that they may incur, and agree not to assert any claims against MarketSpell or them, arising from the purchase or use of any products or Services made available by third parties/Merchants through the website.
Obligations of Users
To access and use certain features of the Services, Users may be required to register for an account. By creating an account, Users agree to: (i) provide accurate, current, and complete account information; (ii) maintain the security of User’s password, not share their password with any other person, and accept all risks of unauthorized access to their account.
Users/members will not use the Services if any applicable law in their country prohibits them from doing so and or have not previously been their right to use the Services suspended or terminated. Users acknowledge and agree that Marketspell does not pre-screen or approve any Content uploaded by the Merchants.
Marketspell does not control, and is not responsible for ads, directory information, business listings/information, including and without limitation e-mails sent from outside Marketspell’s domain or other means of electronic communication, whether through the website or another Third Party website or offerings, comments, User postings, files, images, photos, video, sounds, business listings/information and directory information, or any other material made available through the website and the Service (“Content”); and that by using the website and the Service, User’s may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Users acknowledge and agree that they are responsible for and bear all risks associated with the use of any Content posted by Merchants, that under no circumstances will Marketspell be liable in any way for the Content or for any loss or damage of any kind, incurred as a result of the browsing.
Users understand that we make no guarantee, either express or implied, that the Services posted on the platform shall satisfy their requirements. The use of such Services shall be at their sole discretion and risk.
Obligations of Merchants
All the products added on the platform by Merchants must be made in Canada. Merchants acknowledge that it shall be their sole responsibility to file all the related taxes (HST, PST, GST). Furthermore, Merchants agree that they have made and will make all required legal and tax filings. If relevant, Merchants shall file all necessary legal documentation required by any governmental body, and pay all applicable taxes including income tax and national insurance.
Merchants understand and agree that Content submitted by them shall be considered non-confidential, and Marketspell is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Marketspell reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Marketspell is under no obligation to offer any payment for Content that Merchants submit or the opportunity to edit, delete, or otherwise modify Content once it has been submitted to Marketspell. Marketspell shall have no duty to attribute authorship of Content to Merchants, and shall not be obligated to enforce any form of attribution by third parties.
Merchants agree and acknowledge that they own or have the necessary licenses, rights, consents, and permissions to publish such Content on the Services on our platform. However, by submitting any Content on the Website, Users’ hereby grant to Marketspell an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Marketspell’s (and its successors’).
We will suspend or terminate a Merchant’s account or withhold revenues under the following circumstances:
- Illegal or Fraudulent Services
- Copyright Infringement, Trademark Infringement, and violation of a Third Party’s Terms of Service reported through our Intellectual Property Claims Policy
- Adult-oriented Services, Pornographic, Inappropriate/Obscene
- Spam, Nonsense, or Violent material
- Products that are misleading to Users
Marketspell does not check User uploaded/created Content for violations of copyright or other rights. This is the responsibility of the Merchant.
Users consent to receive communications from MarketSpell, Merchants, or malls electronically. We will communicate with Users by e-mail or notification via Marketspell’s mobile platform. Users agree that all agreements, notices, disclosures and other communications that Marketspell, Merchants, or malls provide to Users electronically satisfy legal requirements that such communications be in writing. Users agree to empower Marketspell to contact its members if requested by one of the Users/members, if they are violating some of the regulations, or if they are suspicious of identity fraud.
Reviews and Submissions
You should always use most respectful language while submitting any Content, such as a review regarding Marketspell. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable Content that are not permitted within Marketspell. Marketspell does not provide protection for Users who interact outside of the Marketspell platform.
You agree that we have access to all communications between you and the Merchant and such communications may be retained by MarketSpell for our internal records.
No Commercial Activity Other Than Users and Merchants
The Website and the Services are limited to providing a Service for Users and Merchants. No User/member shall engage in commercial activity on the platform of Marketspell other than for Users and Merchants. In the event a User/member (other than Users and Merchants) is found to have involved himself/herself/itself directly or indirectly in commercial activity on the platform of Marketspell, legal consequences may flow. Furthermore, to make it abundantly clear, any individual or company which is not in search of a Merchant or User will be removed from the Website.
Rewards and Points
The Users shall be eligible for rewards and points for certain actions performed by them. The value of the Rewards may change anytime without prior notice. The Users shall be able to earn the awards and points either by purchasing the products/items on Marketspell or by performing certain and specific actions such as:
|1. One time||Points earned once|
|Facebook-Like Page||500 points|
|Instagram Follower||500 points|
|Sign Up Reward Points||2000 points|
|2. Continuous||Points earned each time|
|Facebook Share||500 points|
|Product Review||1000 points|
|Daily Login||250 points|
|Maximum Points to be earned using actions (Limit is reset when points are redeemed)||8000 points|
|By Spending on the website|
|For every 1 CAD||10 points|
|Maximum Points to be earned by spending||Unlimited|
The Users shall only be able to redeem their points once they accumulate 10,000 points. For every 10,000 points, the Users will get a 5 CAD discount on any purchase. The discount on the purchase shall be provided by the Marketspell and not by Merchants.
Suspension and Termination of Account and Service
Generally, a User Account will be considered active until we receive a User request to deactivate or delete it. We do not guarantee that the website or any Content contained on the website will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to them or their access to our Services or portions thereof (including any Content other Users submit) for any reason, with or without notice and at any time, including, without limitation, if Users are, or we suspect that they are, improperly using the Services, violating any applicable laws or failing to comply with the Terms of Service. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to them, at which point their use of the Services or any part thereof will be automatically terminated or suspended.
Use of the Services
Except as otherwise agreed upon, we hereby grant Users a limited, non-exclusive, non-sub-licensable license to access, and use the Platform. Users will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display for their own commercial purpose, publicly perform, transmit, stream or otherwise exploit the Platform and Content, except as expressly permitted by Marketspell or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to them by implication or otherwise, except for the licenses and rights expressly granted to them.
Marketspell will not be liable on account of any inaccuracy of information on this website. It is the responsibility of the User/member to further research the information on the website.
Merchants will be able to post Content in different languages. Marketspell shall provide translation Services; however, we do not claim any responsibility of the accuracy of that translation. Users shall be responsible for validating the translation or by their own translation tools.
Users accept that, given the nature of the Service, Users and Merchants will have no recourse to Marketspell for any aspect of the transaction, including in relation to cancellation and last minute changes, Marketspell shall not be responsible for any loss or damage incurred by a Member as a result of use of the Services.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users/members or persons you meet through the Service.
User hereby authorizes Marketspell to run credit card authorizations on all credit cards provided by User, to store credit card and banking or other financial details as User’s method of payment for Services, and to charge User’s credit card (or any other Payment Method) and PayPal accounts, if applicable.
Ownership and Intellectual Property
Merchants agree and acknowledge to give exclusive permission to Marketspell to display their brand names, logos, images and other related Content on the Marketspell platform. Furthermore, Merchants agree that they have all the rights and permissions regarding the products they have listed on the products.
This website and all Content forming part of the website, including without limitation, all photographs, images, designs, information, interfaces, text, graphics, brand names, logos, and trademarks are protected by copyright, trademark, and other intellectual property laws of Canada.
Users acknowledge and agree that Marketspell owns, controls or is licensed to all legal right, title and interest in and related to the website, including all intellectual property rights. Users may not:
- modify or copy the layout or appearance of the website or any computer software or code contained in the website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
We claim no Intellectual property rights on the Content posted by Merchants and shall not be liable to infringement of any such Content. If Users believe that anything on or available through the Services infringes upon any copyright which they own or control, Users may contact MarketSpell at https://support.marketspell.com/
Merchants are responsible for all shipping arrangements once the User provides the shipping address.
Marketspell does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
An accurate reporting of dimensions and weight of all physical products is the responsibility of the Merchant. Please use our Merchant guidelines when estimating delivery charges. If the User has changed the requirements and this has affected the dimensions and weight of the physical product, please contact our Help & Support page as early as possible. Failure to report accurate dimensions resulting in the underestimation of delivery fees will be taken from the Commission Fee.
Cancellations and Returns
The User must check the Cancellation and Return Policy set by the Merchant on their page before purchasing the product.
In the event that a Merchant or User encounters an issue related to the Service requested in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
Marketspell reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
All transfer and assignment of intellectual property to the User shall be subject to full payment for the Products.
Reliance on Information Posted
The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website or by anyone who may be informed of any of its Contents.
Service Fees Charged to Merchants
The fees to use the Site and Site Services are paid solely by the Merchant. When a User pays a Merchant, we shall credit the Merchant’s Account for the full amount paid or released, and then subtract and disburse to Marketspell a Service fee of 3.75% (excluding sales taxes). Merchant agrees to pay Marketspell the Service Fee for using the Site’s Services. Marketspell reserves the right to change the Service fee without prior notice.
A part of the Service fee deducted from Merchant’s shall be given to support Environmental and Social causes in Canada.
Merchant shall be obligated to pay third-party payment transaction fees.
Limitation of Liability
MARKETSPELL SHALL NOT BE LIABLE FOR QUALITY OF PRODUCTS AND SERVICES OFFERED BY THE MERCHANTS. USERS AGREE AND ACKNOWLEDGE THAT MERCHANT-GENERATED CONTENT SUBMITTED THROUGH THE WEBSITE IS NOT NECESSARILY REVIEWED BY MARKETSPELL PRIOR TO POSTING AND DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF MARKETSPELL. TO MAKE IT ABUNDANTLY CLEAR, MARKETSPELL OFFERS NO GUARANTEE OF THE EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS LISTED BY MERCHANTS. MARKETSPELL DOES NOT GUARANTEE THAT ALL THE PRODUCTS POSTED ON THE PLATFORM BY MERCHANTS SHALL BE MADE IN CANADA.
IN NO EVENT SHALL MARKETSPELL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THEIR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARKETSPELL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS SPECIFICALLY ACKNOWLEDGE THAT MARKETSPELL SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USERS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USERS. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO USERS TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY MARKETSPELL FROM ITS FACILITIES IN CANADA. MARKETSPELL MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Disclaimer of Warranties
THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Marketspell reserves the right, in its sole discretion, to terminate User’s right to access and use the Services if they violate these Terms or any other Terms or Policies referenced herein, or if they otherwise create risk or possible legal exposure for MarketSpell.
Users may not assign these Terms or any of the rights granted hereunder without the prior written consent of Marketspell, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by MarketSpell and our respective successors and assigns.
Failure by either Marketspell or Users to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Users agree to defend, indemnify, and hold harmless Marketspell and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and Content providers from and against any and all liabilities, claims, and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which they are responsible or in connection with their transmission of any Content to, on, or through our website. Without limiting Users indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by them.
Marketspell shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including and without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Governing Law and Arbitration
a. Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court in Montreal, QC Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Québec. Therefore, you agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over MarketSpell, either specific or general, in jurisdictions other than Québec. This Agreement shall be governed by the internal substantive laws of the province of Québec, without respect to its conflict of law’s principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in Québec or the Canada District Court for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
b. Arbitration. For any dispute with MarketSpell, you agree to first contact MarketSpell and attempt to resolve the dispute with MarketSpell informally. In the unlikely event that we are unable to resolve a dispute, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of, or in connection with, or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes then in effect, except as provided herein. Unless we agree otherwise, the arbitration will be conducted in the city/town where we reside. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If Users have any questions or concerns regarding these Terms or our Services, please contact MarketSpell through the support portal https://support.marketspell.com/