Terms and Conditions

Terms and Conditions

GD MART INC.Terms and Conditions

Effective Date: January 10th, 2025

IMPORTANT: By accessing or using any services provided on this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not accept these terms, you must not use our services.

1. Preamble and Introduction

Welcome to the official website of gd-mart. (“gd-mart”, “we”, “us”, or “our”). These Terms and Conditions (this “Agreement”) govern your access to and use of our website, located at https://gd-mart.com (“Website”), and all associated services provided by gd-mart. (“Platform Services”). You must accept these terms before using any part of the Website or its services.

GD MART INC. is incorporated under the laws of Ontario, Canada. For any questions or legal notices regarding this Agreement, please contact us. [email protected]

Updates to the Terms: GD MART INC.reserves the right to amend these Terms at any time. Any updates will be posted on the Website with an updated “Effective Date” and, where practicable, users will be notified via email or a prominent notice on the Website. Continued use of our services following such changes constitutes your acceptance of the updated terms.

This Agreement constitutes a legally binding contract between GD MART INC.and you, setting forth the rights and obligations of both parties with respect to the use of our Website and services.

2. Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

  • GD MART INC.: The corporate entity that owns and operates the Website, providing a digital platform for hosting third-party merchants and facilitating transactions.
  • Website: The online platform located at https://gd-mart.com through which GD MART INC. offers its services.
  • Customer/You: Any individual, consumer, or legal entity (including businesses or other organizations) that accesses, navigates, or otherwise uses the Website.
  • Comerciante: Un vendedor externo que publica, comercializa y vende productos tangibles a través del Sitio Web. (Los comerciantes se limitan estrictamente a proveedores de bienes físicos, a menos que GD MART INC. lo apruebe expresamente por escrito).
  • Servicios de plataforma: Los servicios prestados por GD MART INC. incluyen el alojamiento de listados de Comerciantes, la facilitación de la comunicación y las transacciones entre Clientes y Comerciantes, y el acceso a funciones complementarias en línea. GD MART INC. no se encarga ni asume la responsabilidad del cumplimiento físico de los pedidos, incluyendo el embalaje, el envío, la entrega ni la atención al cliente posterior a la transacción.
  • Agreement: This Terms and Conditions document, together with any modifications, policies or additional terms expressly incorporated herein by reference.
  • Effective Date: The date on which this Agreement becomes binding on the parties, as indicated above.

3. Use and access to the website

3.1. License to use the website

GD MART INC. hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website in strict accordance with this Agreement. You agree not to:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Website without the express written consent of GD MART INC.
  • Use the Web Site for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Web Site.
  • Engage in automated data mining, harvesting or any other unauthorized access method to collect data from the website.

Termination Rights: GD MART INC. reserves the right to terminate or suspend your access to the Website, in whole or in part, immediately and without notice, for any breach of these Terms or for conduct that, in our sole discretion, may harm GD MART INC. or other users.

3.2. Cookies and tracking technologies

GD MART INC. uses cookies and similar tracking technologies to enhance the user experience, analyze usage and deliver personalized content. By using the website, you consent to the use of such technologies in accordance with our Privacy Policy (available on the website). For more information about the types of cookies we use and your consent choices, please see our Privacy Policy (including our cookie practices).

4. Intellectual Property Rights

4.1. Content ownership

All content on the Website, including text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations and software, is the property of GD MART INC. or its content suppliers and protected by applicable intellectual property laws. Merchants retain ownership of their product descriptions, images, trademarks and other proprietary content they provide; however, by posting such content on the Website, they grant GD MART INC. a non-exclusive, royalty-free license to use such content solely for the purpose of operating and promoting the Website.

4.2. Restrictions on use

It is expressly prohibited:

  • Republish or publicly display any content of the website without the prior written consent of GD MART INC.
  • Sell, sublicense, rent or otherwise commercialize any part of the content.
  • Reproduce, duplicate, copy or otherwise exploit any content for any commercial purpose without explicit permission.
  • Create derivative works based on any of the content provided on the Website.

Unauthorized use may result in civil or criminal liability.

4.3. Intellectual property of third parties

Certain content, trademarks, logos and other materials on the Website may be the property of third parties. GD MART INC. does not independently verify the intellectual property rights of such third party materials and is not responsible for any infringement claims arising from content provided by Merchant. Merchants are solely responsible for ensuring that their advertisements do not infringe any third party intellectual property rights. In addition, GD MART INC. is not responsible for the intellectual property policies or practices of any third party websites linked from our Website.

5. User-generated content and comments

5.1. Guidelines for user-generated content

The Website may allow you to post reviews, comments, opinions or other content (“User Generated Content”). By posting such content, you represent and warrant that:

  • You have all necessary rights, licenses and permissions to submit content.
  • The content does not infringe any intellectual property or privacy rights of third parties.
  • The content is not defamatory, libelous, slanderous, obscene, offensive or otherwise unlawful.

5.2. License for user-generated content

By submitting User Generated Content, you grant GD MART INC. a non-exclusive, worldwide, transferable, sub-licensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content solely in connection with the Website and its promotion. This license shall be deemed revocable upon removal of your content from the Website, subject to non-revocable residual rights.

5.3. Moderation and elimination

GD MART INC. reserves the right to monitor, review, edit or remove any User Generated Content at its sole discretion. We have established a removal process whereby:

  • Users can send a deletion request by e-mail.
  • Upon receipt of a valid request, GD MART INC. will review the content and remove it if it violates these Terms or applicable law.
  • Users will be notified of any deletion and, if appropriate, will be given the opportunity to appeal the decision.

5.4. Disclaimer for user-generated content

You acknowledge that any User Generated Content is your sole responsibility and GD MART INC. shall not be liable for any claims or damages arising from content posted by you or any other user.

6. Platform services and business facilitation

6.1. Role of GD MART INC. as an e-Retailer

GD MART INC. operates as an electronic retailer through the Web Site. In most transactions, GD MART INC. is the seller of the products listed on the Website (except as otherwise expressly stated in this Agreement). As the official seller, GD MART INC. enters into the sales contract with Customer, processes payments for orders, and is responsible for fulfilling orders and providing customer service related to such purchases.

6.2. Order Fulfillment and Customer Service by GD MART INC. and its Merchants

GD MART INC. and its merchants are responsible for the following aspects of each transaction conducted on the Website:

  • Product Listings: GD MART INC. ensures that all product descriptions, prices, images and specifications on the Website are as accurate and up-to-date as possible. If a material error is detected in a listing, GD MART INC. will promptly correct it and address any Customer concerns arising from such inaccuracy in accordance with our policies.
  • Order Processing and Fulfillment: GD MART INC. manages all aspects of the processing and fulfillment of orders placed on the Website. This includes payment processing, secure packaging of products, shipping to the Customer’s designated address, and handling returns or exchanges in accordance with GD MART INC.’s Returns Policy and applicable law.
  • After Sales Service and Warranty Claims: GD MART INC. and its dealers provide post-purchase customer service for products sold on the Website. Customers should direct any inquiries, complaints or warranty claims to GD MART INC. who will either directly address the issue or facilitate its resolution (e.g., by coordinating with the manufacturer or supplier of the product) in accordance with any applicable manufacturer’s warranty and consumer protection regulations.
  • Legal Compliance: GD MART INC. and its merchants ensure that the sale, packaging and delivery of products comply with all applicable laws and regulations, including those relating to consumer protection, product safety and export/import regulations.
  • Customer Service Language: GD MART INC. provides customer service and support in at least English and Spanish. Other languages may be offered at GD MART INC. discretion, and any additional availability will be communicated to Customers in due course.

6.3. Dispute Resolution

If you have any concerns or disputes regarding a purchase made on the Website, you agree to first contact GD MART INC. customer service and provide us with an opportunity to resolve the issue. We will make a good faith effort to resolve all legitimate Customer complaints in a timely manner through our support channels.

  • Arbitration Clause: Any dispute, claim or controversy arising out of or relating to a purchase or use of the Platform Services between you (the Customer) and GD MART INC. that cannot be resolved through our customer service process shall be submitted to binding arbitration under the applicable rules of the Arbitration Institute of Canada (ADRIC). The arbitration shall take place in the Province of Ontario, Canada, and shall be conducted in the English language. The arbitration award shall be final and binding on both parties. (Nothing in this clause precludes either party from seeking preliminary injunctive or other interim relief in a court of competent jurisdiction in urgent cases or to preserve legal rights).

6.4. Fraud Prevention and Chargebacks

To protect the integrity of the GD MART INC. platform and its payment systems, you agree not to initiate chargebacks or unwarranted payment disputes once a valid product delivery has been made. GD MART INC. reserves the right to take the following actions in case of suspected payment fraud or misuse of chargebacks:

  • Investigate any disputed transactions and request documentation or evidence from you (the Customer) or relevant third parties (such as carriers or payment processors) to verify the legitimacy of the transaction.
  • Provide proof of delivery, transaction records and other pertinent information to payment processors or financial institutions to dispute any unjustified chargebacks.
  • Recover losses resulting from fraudulent chargebacks or reversed transactions by charging the appropriate amount to the Customer’s payment method or debiting the Customer’s account on the Website (to the extent permitted by applicable law and payment network rules).
  • Suspend or cancel any user account involved in fraudulent activities or abuse of the payment systems. When appropriate, GD MART INC. may also report such activities to the corresponding financial institutions and competent authorities.

7. Disclaimers, Limitations of Liability, and Applicable Law

7.1. General disclaimer

The Website and all Platform Services are provided “AS IS” and “AS AVAILABLE” without warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. GD MART INC. does not warrant the uninterrupted or error-free operation of the Web Site.

7.2 Limitation of liability

In no event shall GD MART INC, its officers, directors, employees or agents be liable for any indirect, incidental, special, consequential or punitive damages arising out of your use of the Website or the Platform Services. GD MART INC.’s total liability for any claim arising out of this Agreement shall not exceed $100 or the total amount paid by you for the transaction giving rise to the claim, whichever is less. This limitation applies to the extent permitted by applicable law.

7.3. Third-party content and links

The website may contain links to third party websites or display content provided by third parties. GD MART INC. does not endorse, control or assume any responsibility for the policies, content or practices of such external sites. Your interactions with third party websites are solely between you and the applicable third party.

7.4. Force majeure

GD MART INC. shall not be liable for any failure or delay in the performance of its obligations if such failure or delay is caused by events beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, natural disasters or governmental actions.

7.5. Applicable law and jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in such province, without regard to principles of conflict of laws. All users, including those residing outside of Ontario, hereby submit to the exclusive jurisdiction of the courts of Ontario for any dispute arising under this Agreement. GD MART INC. reserves the right to seek injunctive relief in any jurisdiction as necessary.

8. Miscellaneous Provisions and Final Clauses

8.1. Full agreement

This Agreement, together with any policies or documents incorporated herein by reference, constitutes the entire agreement between you and GD MART INC. with respect to your use of the Website, superseding all prior agreements or understandings.

8.2. Amendments and modifications

GD MART INC. reserves the right to modify or amend this Agreement at any time. Your continued use of the Website following such modifications constitutes your acceptance of the updated terms. Notice of any material changes will be provided through the Website or by email, where possible.

8.3. Disclaimer

No delay or failure by GD MART INC. to exercise any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise of any right.

8.4 Divisibility

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

8.5. Assignment

You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of GD MART INC. GD MART INC may assign its rights and obligations hereunder at its discretion without notice.

8.6. Notices

All notices, requests or other formal communications under this Agreement must be in writing and delivered exclusively by e-mail to the following address:

GD MART INC.
[email protected]

Notices shall be deemed effective upon proper transmission of the e-mail, provided that no bounce message or error message is received. Sending by postal mail, courier, facsimile or personal service shall not constitute valid notice under this Agreement.

8.7. Relationship between the parties

Nothing in this Agreement shall be construed to create any agency, partnership, joint venture or employment relationship between you and GD MART INC. or any Merchant.

8.8. Headings

The headings in this Agreement are for convenience only and do not affect the interpretation of any provision.

8.9. Counterparties and electronic signatures

This Agreement may be executed in counterparts, each of which shall be deemed an original and, taken together, shall constitute a single instrument. By accessing and using the Web Site, or by checking the “I Accept” box at checkout, if applicable, you electronically agree to these Terms and Conditions. Such electronic acceptance shall have the same legal effect as a handwritten signature and shall be binding on you. GD MART INC. reserves the right to accept electronic signatures by any approved method in writing, which shall be deemed equivalent to an original signature.

8.10. Time is of the essence

Time is of the essence in all matters relating to this Agreement, including time limits or specific deadlines.

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