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, with its registered address at Unit 1514, 3230 Yonge Street, Toronto, Ontario, Canada. M4N 3P6. For any queries 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.
- Merchant: A third-party seller who lists, markets, and sells tangible products through the Website. (Merchants are strictly limited to providers of physical goods unless GD MART INC.expressly approves a service provider in writing.)
- Platform Services: The services provided by GD MART INC., which include hosting Merchant listings, facilitating communication and transactions between Customers and Merchants, and providing access to ancillary online features. GD MART INC.does not engage in or assume responsibility for the physical fulfillment of orders, including packing, shipping, delivery, or post-transaction customer support.
- Agreement: This Terms and Conditions document, along with any amendments, policies, or additional terms expressly incorporated herein by reference.
- Effective Date: The date upon which this Agreement becomes binding on the parties, as indicated above.
3. Website Use and Access
3.1. License to Use the Website
GD MART INC.hereby grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website strictly in accordance with this Agreement. You agree that you will not:
- 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 Website for any unlawful purpose or in a manner that may damage, disable, overburden, or impair the Website.
- Engage in automated data scraping, harvesting, or any other unauthorized access methods 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.employs cookies and similar tracking technologies to enhance user experience, analyze usage, and deliver personalized content. By using the Website, you agree to the use of such technologies in accordance with our Privacy Policy (available on the Website). For details on the types of cookies used and your consent options, please refer to our Privacy Policy (including our cookie practices).
4. Intellectual Property Rights
4.1. Ownership of Content
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 is 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, Merchants grant GD MART INC.a non-exclusive, royalty-free license to use that content solely for the purpose of operating and promoting the Website.
4.2. Restrictions on Use
You are expressly prohibited from:
- Republishing or publicly displaying any content from the Website without prior written consent from GD MART INC.
- Selling, sublicensing, renting, or otherwise commercializing any portion of the content.
- Reproducing, duplicating, copying, or otherwise exploiting any content for any commercial purpose without explicit permission.
- Creating derivative works based on any of the content provided on the Website.
Unauthorized use may result in civil or criminal liability.
4.3. Third-Party Intellectual Property
Certain content, trademarks, logos, and other materials on the Website may be owned by third parties. GD MART INC.does not independently verify the intellectual property rights of such third-party materials and is not liable for any infringement claims arising from Merchant-provided content. Merchants are solely responsible for ensuring that their listings do not infringe upon any third-party intellectual property rights. Additionally, GD MART INC.shall not be held 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, feedback, or other content (“User-Generated Content”). By posting any such content, you represent and warrant that:
- You have all necessary rights, licenses, and permissions to submit the content.
- The content does not infringe on any intellectual property or privacy rights of third parties.
- The content is not defamatory, libelous, obscene, offensive, or otherwise unlawful.
5.2. License to User-Generated Content
By submitting User-Generated Content, you grant GD MART INC.a non-exclusive, worldwide, transferable, sublicensable, 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 considered revocable by you upon removal of your content from the Website, subject to any residual rights that cannot be revoked.
5.3. Moderation and Removal
GD MART INC.reserves the right to monitor, review, edit, or remove any User-Generated Content at its sole discretion. We have established a takedown process whereby:
- Users can submit a removal request via email.
- 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 removal, and, if applicable, provided an 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 Merchant Facilitation
6.1. Role of GD MART INC.as a Digital Marketplace
GD MART INC.operates solely as a digital marketplace that hosts third-party Merchants and facilitates communication and transactions between Customers and Merchants. GD MART INC.is not a party to any transaction or dispute between Customers and Merchants and shall not be liable for any such disputes. Our role is limited strictly to facilitating access and communication.
6.2. Merchant Responsibilities and Obligations
Merchants using the GD MART INC.platform are solely responsible for:
- Product Listings: Accurately representing their products, including descriptions, prices, images, and specifications.
- Order Fulfillment: Managing all aspects of order processing (packing, shipping, delivery, and handling of returns or exchanges).
- After-Sales Support and Warranty Claims: Providing customer support and handling warranty claims. While GD MART INC.may serve as an initial point of contact, resolution of any issues is solely the Merchant’s responsibility.
- Compliance and Indemnification: Ensuring compliance with all applicable laws, including consumer protection and customs duties. Merchants shall indemnify and hold harmless GD MART INC.from any claims, damages, or losses arising from product defects, misrepresentations, or other legal claims related to their offerings.
- Language of Customer Support: Merchants are required to provide customer support in at least English or Español; however, additional languages may be offered subject to approval by GD MART INC.
6.3. GD MART INC.’s Limited Role and Disclaimers
By facilitating transactions, GD MART INC.expressly disclaims any liability in connection with:
- Fulfillment of Orders: GD MART INC.is not responsible for order fulfillment, including packing, shipping, delivery, or returns.
- After-Sales Support and Warranty Claims: All post-transaction issues are solely between the Customer and the Merchant.
- Product Quality and Safety: GD MART INC.makes no warranties regarding the quality, safety, or legal compliance of products offered by Merchants.
- Customs Duties and Taxes: For international transactions, any customs duties, taxes, or import fees are solely the responsibility of the Customer.
6.4. Dispute Resolution and Communication
- Transaction Disputes: In the event of any dispute between a Customer and a Merchant, the parties are encouraged to resolve the matter directly. GD MART INC.may, at its sole discretion, offer mediation services; however, GD MART INC.shall not be liable for any unresolved disputes.
- Arbitration Clause: Any disputes arising out of or relating to transactions between Customers and Merchants that cannot be resolved through mediation shall be submitted to binding arbitration in accordance with the ADR Institute of Canada (ADRIC) with its then-current Arbitration Rules and with arbitration proceedings held in Ontario. The arbitration award shall be final and binding.
- Communication Languages: All official communications, including customer support interactions facilitated by GD MART INC., may be conducted in English or Español, or any additional language approved by GD MART INC.
6.5. Acknowledgement of Intermediary Nature
By using the GD MART INC.platform, you acknowledge and agree that:
- GD MART INC.is not a party to any agreement or transaction between Customers and Merchants.
- The terms governing transactions, including payment, delivery, and after-sales support, are solely between the Customer and the Merchant.
- GD MART INC.shall not be held liable for any claims, losses, or damages arising out of such transactions.
6.6 Fraud Prevention and Chargebacks
To protect the integrity of the GD MART INC. platform and its payment systems, Customers agree not to initiate chargebacks or payment disputes once valid delivery of goods has occurred. GD MART INC. reserves the right to:
- Investigate any disputed transactions and request documentation from Customers and/or Merchants.
- Provide proof of delivery or transaction records to payment processors or financial institutions in response to a chargeback.
- Recover any losses resulting from fraudulent chargebacks by debiting the Customer’s account, reversing related payouts, or withholding future payments.
- Suspend or terminate accounts engaged in suspected fraudulent activity and, where appropriate, report such activity to financial institutions and law enforcement authorities.
7. Disclaimers, Liability Limitations, and Governing Law
7.1. General Disclaimer
The Website and all Platform Services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. GD MART INC.does not guarantee uninterrupted or error-free operation of the Website.
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 from your use of the Website or Platform Services. The aggregate liability of GD MART INC.for any claims arising under this Agreement shall not exceed the lesser of $100 or the total amount paid by you for the transaction giving rise to the claim. This limitation applies to the maximum 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 respective third party.
7.4. Force Majeure
GD MART INC.shall not be liable for any failure or delay in performing 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. Governing 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 therein, without regard to conflict of law principles. All users, including those located outside Ontario, hereby consent to the exclusive jurisdiction of the courts located in Ontario for any disputes 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. Entire Agreement
This Agreement, together with any policies or documents incorporated herein by reference, constitutes the entire agreement between you and GD MART INC.regarding 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 after such modifications constitutes your acceptance of the updated terms. Notice of material changes will be provided via the Website or email where possible.
8.3. Waiver
No delay or failure by GD MART INC.in exercising 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. Severability
If any provision of this Agreement is found to be 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 prior written consent from 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 made in writing and delivered exclusively by electronic mail to the following address:
GD MART INC.
[email protected]
Notices shall be deemed effective upon successful transmission of the email, provided that no bounce-back or error message is received. Delivery by physical mail, courier, facsimile, or personal service shall not constitute valid notice under this Agreement.
8.7. Relationship of 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. Counterparts and Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. By accessing and using the Website, and/or by clicking an “I Agree” checkbox at checkout where applicable, you provide your electronic acceptance of these Terms and Conditions. Such electronic acceptance shall have the same legal effect as a handwritten signature and is binding upon you. GD MART INC.reserves the right to accept electronic signatures through any method approved 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 under this Agreement, including any specified deadlines or timeframes.
