Terms & Conditions

SHAWISH MARKET INC.

Terms And Conditions

Last updated: [July 7, 2022] 

 

 

1        Introduction

Welcome to the Shawish Market Platform, owned and operated by Shawish Market Inc. (“Shawish”, “we”, “us” or “our”). These terms and conditions (these “Terms”) set out the terms on which we offer you access to and use of the Shawish Market Platform. You hereby confirm that you understand and agree to comply with these Terms, together with any documents that may be expressly referred to and are incorporated by reference herein, including, but not limited to, the Purchase and Sale Terms and Conditions (the “Sales Terms”) and Privacy Policy (the “Privacy Policy”). 

 

These Terms constitute a legal agreement between you and Shawish and govern your access to and use of the Shawish Market Platform, including any content, functionality, and services offered on or through the Shawish Market Platform (collectively, the “Services”). References to “you” or “your” mean you as an individual User of the Shawish Market Platform.

THE SHAWISH MARKET PLATFORM IS AN ONLINE MARKETPLACE FOR INDIGENOUS PRODUCTS. THE SERVICES WE OFFER ARE ADMINISTRATIVE IN NATURE ONLY. THE SHAWISH MARKET PLATFORM FACILITATES TRANSACTIONS BETWEEN USERS, WHETHER PURCHASERS, PROSPECTIVE PURCHASERS, BIDDERS OR SELLERS, BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN PURCHASERS AND SELLERS OR BETWEEN ANY USERS. OUR INVOLVEMENT IN ANY TRANSACTION IS LIMITED TO PROVIDING THE SHAWISH MARKET PLATFORM TO FACILITATE THE PURCHASE AND SALE OF INDIGENOUS PRODUCTS.

Users of the Shawish Market Platform may, from time to time: (i) upload, showcase, display, post or otherwise make available Product(s) to the Shawish Market Platform; (ii) list Product(s) for sale or auction; (iii) sell or otherwise dispose of Product(s); or (iv) purchase or otherwise acquire Product(s).

Shawish, at its sole discretion, reserves the right to change or modify these Terms at any time without notice by posting amended terms to the Shawish Market Platform website. Changes to these Terms will be effective as of the date we post them, unless we specify a different effective date when we make the particular change. You are responsible for checking for updates to these Terms. You should review these Terms before using the Shawish Market Platform or any Services available thereunder. You agree and understand that by continuing to access or use the Shawish Market Platform after the “Last Updated” date and following any change to these Terms, you are regarded as having accepted and agreed to the revised Terms.

By using the Shawish Market Platform, you affirm that you have reached the legal age of majority in your jurisdiction of residence, and are fully able and competent to enter into, abide by and comply with these Terms. It is your responsibility to ensure that you are legally eligible to access the Shawish Market Platform. If you accept these Terms, you represent that you have the capacity to be bound by such Terms. 

You may not use the Shawish Market Platform if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using the Shawish Market Platform or any of its contents, products or services by applicable law.

 

2        Definitions

In these Terms, the following capitalized terms will have the following meanings:

Account” has the meaning ascribed to such term in Section 4.1 hereof.

Auction” has the meaning ascribed to such term in Section 5.2 hereof.

Auction Period” has the meaning ascribed to such term in Section 5.2 hereof.

CIAC” has the meaning ascribed to such term in Section 25 hereof.

Claims” has the meaning ascribed to such term in Section 18 hereof.

Content” means any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through the Shawish Market Platform. Content includes both Platform Content and User Content. 

Fixed Price Sale” has the meaning ascribed to such term in Section 5.2 hereof.

Intellectual Property Rights” means any right, title or interest in or to any intellectual property including, but not limited to, patents, inventions, patent applications and disclosures, designs, copyrights, trade secrets, trademarks and trade names, know-how, software, databases, or any other intellectual property rights recognized in any country or jurisdiction in the world, whether registered or unregistered.

Order(s)” means a purchase order for Product(s) submitted by a Purchaser to a Seller in accordance with the Sales Terms. 

Platform Content” means any and all Content that we provide on or through the Shawish Market Platform or our Services provided therein, including Content licensed from a third party, but excluding User Content.

Privacy Policy” has the meaning ascribed to such term in Section 1 hereof. 

Product(s)” means the Indigenous handmade or supplied product(s) listed, sold, or otherwise made available on the Shawish Market Platform.

Purchaser” means the buyer of Product(s) in a Transaction conducted on the Shawish Market Platform.

Sale” has the meaning ascribed to such term in Section 5.2 hereof.

Sales Terms” has the meaning ascribed to such term in Section 1 hereof.

Seller” means the seller of  Product(s) in a Transaction conducted on the Shawish Market Platform.

Services” has the meaning ascribed to such term in Section 1 hereof.

Shawish Affiliates” has the meaning ascribed to such term in Section 18 hereof.

Shawish Market Platform” means this website (together with its contents and all sub-websites), any mobile applications owned and operated by Shawish, and any media channels, including social media channels and instant messaging channels (including sub-media channels) owned or operated by Shawish.

Stripe Payment” means Stripe, Inc., a third party financial services company.

Taxes” has the meaning ascribed to such term in Section 15.1.

Terms” has the meaning ascribed to such term in Section 1 hereof.

Transaction” means a transfer of ownership of Product(s) between a Seller and Purchaser, whether through a Sale, exchange, give-away or through other means of disposition in accordance with the Sales Terms.

User” means any person or entity accessing, using, participating in or otherwise interacting with the Shawish Market Platform, whether through listing Product(s) to the Shawish Market Platform, selling or purchasing Product(s) through the Shawish Market Platform, or otherwise conducting or engaging in a Transaction through the Shawish Market Platform. A User may be, but is not limited to, a Purchaser or a Seller.

User Content” means any and all Content that a User submits, posts, publishes or otherwise provides on or through the Shawish Market Platform or our Services provided therein.

"we/us/our/Shawish" means Shawish Market Inc., a company duly incorporated under the Canada Business Corporations Act. 

"you/your" means a User of the Shawish Market Platform.

 

3        Eligibility

Shawish retains the discretion to allow or disallow your access to the Shawish Market Platform, as per the steps laid out in Section 7.4 of these Terms.

By agreeing to these Terms, you represent and warrant that:

  1. you are at least 18 years of age (or the minimum age required in your jurisdiction of residence to use the Shawish Market Platform); 
  2. you have the full right, power, and authority to agree to these Terms;
  3. you are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, the European Union (EU), any EU country, the UK Treasury or the US Office of Foreign Assets Control (OFAC), or any governmental authority in any interest jurisdiction in which the Shawish Market Platform is available (collectively, “Sanctions”);
  4.  you are not impersonating any other person or collective of persons;
  5.  you will not use the Shawish Market Platform if any applicable laws in your country of residence prohibit you from doing so in accordance with these Terms; and
  6. you are compliant with all applicable laws, rules, and regulations to which you are subject.

 

4        Account Set-up and Security

4.1       Account Registration

You must create an account (“Account”) to use the Shawish Market Platform. To create an Account, we will require you to provide certain registration information about yourself, including but not limited to, your name, address, date of birth and email. We will also require Sellers to upload some form of proof of Indigenous status, including but not limited to, a status card. 

We may, in our sole discretion, require you to provide further information and/or documents at any stage during your use of the Shawish Market Platform, to the extent that such information and/or documentation is required to execute these Terms, including to verify your identity. 

By creating an Account, you agree that you have provided accurate, current and complete registration information and to maintain and promptly update your account information as necessary. We may refuse, decline, suspend or disable your access to or use of the Shawish Market Platform or your Account, as per the steps laid out in Section 7.4 of these Terms, and we reserve the right to reclaim usernames without liability to you.

4.2       Account Security

You are responsible for the security of your Account, including maintaining the confidentiality of your Account password. You agree to accept responsibility for all activities that occur under your Account. You must not share your login information or other security related information with any other person or allow any other person access to your Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify us immediately at:  shawish.market@gmail.com.

The permission we give you under these Terms to create an Account and access or use the Shawish Market Platform and the Services provided thereunder is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your Account, or any access to or use of the Shawish Market Platform and the Services provided thereunder, to any third party.

4.3       Account Transactions

You can engage in Transactions on the Shawish Market Platform using your credit card. Transactions that take place on the Shawish Market Platform are managed and confirmed by Stripe Payment. 

 

 

5        Purchase, Sale and Trade of Product(s)

5.1       Transactions

The Shawish Market Platform allows you to sell, purchase, and showcase Product(s). Such transactions will be governed by, and conducted in accordance with, the individual Sales Terms applicable to each Transaction.

5.2       Transaction Format

Transactions may occur in one of two formats: (a) a Fixed Price Sale; or (b) an Auction, each as described and defined below:

  1. Fixed Price Sales. You may enter into a fixed price sale transaction whereby the Seller of the Product(s) shall list such Product(s) for sale on the Shawish Market Platform at a fixed sale price and the Purchaser may purchase such Product(s) by placing Order(s) to buy such Product(s) at the specified sale price, which Order(s) must be accepted by the Seller (a “Fixed Price Sale”). In connection with a Fixed Price Sale, the Seller shall set the price of the Product(s) in any amount in Canadian dollars (CAD). 
  2. Auctions. You may enter into an auction transaction whereby the Seller of the Product(s) shall list such Product(s) for sale on the Shawish Market Platform via an auction process as described in Section 5.4 (an “Auction” and, together with a Fixed Price Sale, each a “Sale”). In connection with an Auction, the Seller shall set (a) the price of the Product(s) in any amount in Canadian dollars (CAD), and (b) the number of days for which the Auction for the Product(s) will remain open (the “Auction Period”). In the event that there is no successful Purchaser of the Product(s) within the Auction Period set by the Seller, the Product(s) will remain unsold and the Auction will be closed at such time as determined by the Seller the last day of the Auction Period.

5.3       Listing

In the event that you list Product(s) for Sale on the Shawish Market Platform, you acknowledge and agree that:

  1. you must only list Product(s) that you own or have the right to resell;
  2. your listing must be accurate, current, complete and include all the relevant information on the relevant Product(s);
  3. your listing must not be misleading (including through the omission of any material information with respect to the Product(s) listed for Sale); and
  4. you acknowledge and accept that any Sale of such Product(s) will be final and that you will not be able to cancel the same or retain ownership in such Product(s) following completion of a Transaction with respect to the relevant Product(s), unless a refund is issued. 

We reserve the right to amend any listing in order to supplement, remove, or correct information in such listing that may be inaccurate or, in our opinion, may be materially misleading.

5.4       Auction Terms

Once initiated, an Auction will last for the entirety of the Auction Period, and the Auction cannot be stopped, amended, modified, cancelled or undone upon the commencement of the Auction Period. The Seller may set a starting price at which bidding shall commence. Provided that such starting price is met by a bidder, the relevant Product(s) will be sold to the highest successful bidder upon the conclusion of the Auction Period. If no starting price is set by the Seller, then the Product(s) will be sold to the highest bidder upon the conclusion of the Auction Period no matter what the bid is. Bids placed during an Auction are irrevocable and conditional upon a bidder maintaining a successful Account.

Auction participants are generally forbidden from engaging in any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of Product(s), simulate demand for Product(s), or any other anticompetitive bidding conduct. Sellers are expressly forbidden from bidding or purchasing their own Product(s) that have been listed in an Auction, whether directly or indirectly, especially for the purpose of artificially influencing the price of such Product(s) or any other Product(s). 

You acknowledge and agree to assume the risk of initiating or participating in an Auction and take full responsibility and liability for the outcome of any Auction that you participate in, whether as a Seller or Purchaser or by bidding in the Auction. We shall not be liable to you or any third-party for the outcome of any Auction.

 

6        Changes to the Shawish Market Platform

We may, in our absolute and sole discretion, change, update, amend, remove, or discontinue any feature or functionality of the Shawish Market Platform, the Services rendered thereunder and the Content with respect thereto at any time. We will provide you with notice of such amendment by posting an amended version of these Terms to the Shawish Market Platform website. Changes to these Terms will be effective as of the date we post them, unless we specify a different effective date when we make the particular change. You are responsible for checking for updates to these Terms. 

You have the right to cancel your Account or otherwise cease your access or use of the Shawish Market Platform following an amendment to the Terms, at no cost or penalty to you. 

By continuing to access or use the Shawish Market Platform following any such amendments to the Shawish Market Platform, the Services or the Content taking effect, you will be deemed to have accepted and agreed to such updated Shawish Market Platform, Services and Content.

 

7        Acceptable Use of the Shawish Market Platform

7.1       Personal Responsibility

YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE SHAWISH MARKET PLATFORM OR YOUR ACCOUNT, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE SHAWISH MARKET PLATFORM OR YOUR ACCOUNT AT YOUR OWN RISK AND ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.

7.2       Terms of Use; Prohibited Activities

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Shawish Market Platform and the Services offered thereunder in accordance with these Terms. Our grant of such license is subject to the conditions laid out in this section. When using the Shawish Market Platform and the Services offered thereunder, you acknowledge, agree, warrant and undertake not to (and shall not, knowingly or otherwise, authorize, allow or assist any other party to):

  1. use the Shawish Market Platform or your Account to perform any unlawful activities that violate applicable laws or regulations (including but not limited to money laundering, terrorism financing and/or fraudulent activities) or otherwise engage in any illicit activities;
  2. use the Shawish Market Platform or your Account if you are not 18 years old (or the minimum age required in your jurisdiction of residence to use the Shawish Platform), or are temporarily or indefinitely suspended from using the Shawish Platform, or are a person with whom transactions are prohibited under economic or trade sanctions or embargos;
  3. use the Shawish Market Platform or your Account to advertise or market any business outside the Shawish Market Platform, including but not limited to, sharing URLs to external websites and sharing contact information for the purpose of communicating outside the Shawish Market Platform;
  4. use the Shawish Market Platform or your Account to engage in any activity which operates to defraud Shawish or to provide any false, inaccurate, or misleading information;
  5. use the Shawish Market Platform or your Account without fully complying with all of our requests for additional information or documentation from you, which additional information or documentation shall be complete, truthful, accurate and reliable;
  6. use the Shawish Market Platform or your Account to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, junk or chain messages;
  7. use the Shawish Market Platform or your Account to upload content on the Shawish Market Platform that contains or is infected with viruses, malicious codes, Trojan horses, is obscene or illegal or contains any other harmful or deleterious computer programmes or software items of a destructive or deceptive nature;
  8. transfer your Account and the related login credentials to any other party without our prior written consent;
  9. modify or adapt, in whole or any part of, the Shawish Market Platform into any other programme or application;
  10. disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Shawish Platform or any components thereof;
  11. use any robot, spider, crawler, scraper, script, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, copy, modify or monitor the Shawish Market Platform;
  12. use the Shawish Market Platform or your Account in any manner that would cause you to infringe or violate any content, copyright, trademark right, patent, trade secret, publicity or other image right, moral right, database right or other intellectual property rights (collectively, the “Intellectual Property Rights”) that may belong to or are licensed to us, our affiliates, or any third-party, and you undertake not to take or attempt to take any action, or claim ownership of any property or content, that infringes or would infringe upon our intellectual property interests or those of any third party;
  13. use the Shawish Market Platform or your Account in a way that could damage, disable, impair or compromise the Shawish Market Platform or interfere with other users or affect the reputation of Shawish;
  14. take any action that imposes an unreasonable or disproportionately large burden or load on the Shawish infrastructure (including, but without limitation to, our servers, networks, data centres and related or like equipment), nor will you detrimentally interfere with, intercept or expropriate any system, database, data or information belonging to us or other users of the Shawish Market Platform;
  15. engage in any other activities deemed inappropriate by us or which are in contravention of these Terms, nor will you do anything on the Shawish Market Platform that may be deemed objectionable to, or could harm the reputation or Intellectual Property Rights of us or our licensors and other affiliates;
  16. provide false, inaccurate, incomplete or misleading information to us or any of our affiliates or third-party service providers;
  17. create Accounts by automated means or under false or fraudulent pretenses;
  18. impersonate another person or collective of persons (via the use of an email address, social media account, chat network or otherwise);
  19. use, employ, operate or create a computer program to simulate the human behaviour of a user (“Bots”), and or use, employ or operate such Bots or other similar forms of automation to engage in any activity or transaction on the Shawish Market Platform;
  20. acquire Product(s) through inappropriate or illegal means, including, but not limited to, through the use of a stolen credit card, or a payment mechanism that you do not have the right to use, or by purchasing Product(s) and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the Product(s);
  21. purchase, sell or facilitate the purchase and sale of any Product(s) outside the Shawish Market Platform; 
  22. acquire Product(s) through inappropriate or illegal means;
  23. breach our privacy or confidentiality or the privacy or confidentiality of any user of the Shawish Market Platform; and
  24.  assist another person or entity, whether through a contractual arrangement or through the use of an algorithm or device or through any other means, to do anything prohibited in paragraphs (a) to (w) above (paragraphs (a) through (x), each, a “Prohibited Activity” and collectively, the “Prohibited Activities”).

 

7.3       Legal Compliance

You are responsible for complying with all trade regulations and both foreign and domestic laws as they apply to your access to, and use of, the Shawish Market Platform. You will not use the Shawish Market Platform or your Account if (a) you are located in a country that is subject to Sanctions or that has been designated by any of the Sanctions authorities as a “terrorist supporting” country or (b) you have been listed on any Sanctions authority’s list of prohibited or restricted parties.

7.4       Effect of Your Breach

If you engage in any of the Prohibited Activities or otherwise materially breach these Terms, we may, without notice or liability to you, and without limiting any of our other rights or remedies contained in the Terms or at law or in equity, immediately and temporarily suspend your user account. Upon such suspension of your account, we will notify you by email of your suspected breach of these Terms, whether by engaging in a Prohibited Activity or otherwise. You may contest in writing the suspension within [3 days] of receiving such notification, by replying to shawish.market@gmail.com. Failing or following such reply, if we continue to reasonably believe that you engaged in a Prohibited Activity or otherwise materially breached these Terms, we may terminate your Account. If a Seller’s Account is terminated, your Product(s), or descriptions thereof, will no longer be hosted on the Shawish Market Platform. If you purchased Product(s) from the Shawish Market Platform and the Product(s) are deleted from the Shawish Market Platform, such deletion will not affect your ownership and related rights in any Product(s) that have already been shipped, but you will not receive a refund of any amounts you paid for such Product(s). If the Product(s) are deleted from the Shawish Market Platform and the Order(s) have not been shipped, the Transaction will be cancelled and you will receive a refund of any amounts you paid for such Product(s).

NOTWITHSTANDING THE FOREGOING, HOWEVER, IF WE REASONABLY BELIEVE THAT YOU ARE ENGAGED IN ANY OF THE PROHIBITED ACTIVITIES SET FORTH IN PARAGRAPHS (a) TO (x) OF SECTION 7.2, IN ADDITION TO OUR RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR USER ACCOUNT AND/OR DELETE YOUR PRODUCT(S) OR DESCRIPTIONS THEREOF FROM THE SHAWISH MARKET PLATFORM, WE ALSO RESERVE THE RIGHT, WITHOUT NOTICE OR LIABILITY TO YOU, TO TAKE ANY OR ALL OF THE FOLLOWING ACTIONS: (A) TO DEEM ANY TRANSACTION THAT TOOK PLACE VIA OR AS THE RESULT OF SUCH ACTIVITIES TO BE VOID AB INITIO; AND/OR (B) TO IMMEDIATELY CANCEL ANY TRANSACTION FOR PRODUCT(S) THAT WERE SOLD, PURCHASED OR OTHERWISE ACQUIRED AS THE RESULT OF SUCH ACTIVITIES WITHOUT ANY LIABILITY TO YOU TO REIMBURSE OR REFUND YOU FOR SUCH TRANSACTION. WE WILL NOTIFY YOU OF SUCH, AND YOU MAY CONTEST IN WRITING ACTIONS (A) AND/OR (B) WITHIN 3 DAYS OF SUCH NOTIFICATION BY CONTACTING SHAWISH.MARKET@GMAIL.COM. IF WE CONTINUE TO REASONABLY BELIEVE THAT YOU ENGAGED IN A PROHIBITED ACTIVITY, ACTIONS A AND/OR B WILL BE UPHELD. 

7.5       Enforcement of these Terms

We reserve the right to access, preserve and disclose any information if we believe it is reasonably necessary to: (i) respond to claims against us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or our other policies or agreements with Users; (iii) detect, prevent or otherwise address fraud or other forms of illegal or illicit activity or security or technical issues; or (iv) protect or enforce the rights, property or safety of Shawish, you, or others.

 

8        Ownership of the Content

Unless otherwise indicated by us, all Content (except to the extent that such content is your User content, including your Product(s)), is owned by Shawish, or by others who have licensed their Content to us, and is protected by Intellectual Property Rights and other proprietary rights. Specifically, Shawish (or licensors, as applicable) owns and retains all rights, title and interest in and to the Services, the Shawish Market Platform, including the Content and all other materials contained therein, whether appearing on or in the Shawish Market Platform or elsewhere, including without limitation, the Shawish logo, trademarks and trade names, product or service names, slogans, designs,  the look and feel of the Shawish Market Platform, social media handles, domain names, text, images, pictures, data files and compilations, software, source doe and object code, programs, algorithms, databases, and any other files relating to the Shawish Market Platform.

You agree that all right, title and interest (including all copyright and moral rights, trademark rights, service marks, patent rights, database rights, trade secrets and other Intellectual Property Rights of any kind, whether registered or unregistered) in the Content (except your User Content, including your Product(s)), the Shawish Market Platform and the Services rendered thereunder (whether currently existing or arising in the future) belong to us, or our licensors, as applicable.

These Terms do not grant you any ownership over any Content, or any Intellectual Property Rights in any Content, although you remain the owner of any Intellectual Property Rights that you may have in your User Content. Unless otherwise stated in these Terms, neither these Terms nor your use of our Services or access to the Shawish Market Platform grants you any license or permission under any Intellectual Property Right of Shawish or any third party, whether by implication or otherwise. Unless otherwise stated in these Terms, these Terms do not grant you the right to use, reproduce, distribute, publish, copy, imitate, modify, adapt, create derivative works of or otherwise commercialize any of our trademarks, service marks, logos, product names, slogans, domain names, social media handles or other distinctive brand features in any way. Unless otherwise stated in these Terms, you may not use, reproduce, distribute, publish, copy, imitate, modify, adapt, create derivative works of, make available or otherwise commercialize any Content (except your User Content, including your Product(s)) without our prior express written permission, or (as applicable) the appropriate third-party rights holder. 

We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person’s Intellectual Property Rights, following the steps laid out in section 7.4 of these Terms.

 

9        User Content

When you use or access the Shawish Market Platform, or the Services provided thereunder, you may upload, submit, post, publish, make available or otherwise provide us with your User Content (or, as applicable, the User Content of a third party), including files, designs, images, video, audio, text or other content. User Content is the property of its User. 

Each User is solely responsible for all User Content that they provide on or through the Shawish Market Platform and the Services provided thereunder.

If you are a Seller, you represent and warrant that you own or otherwise control all of the rights to your User Content. If you do not own all of the rights to your User Content, you represent and warrant that you have the necessary grants, permissions or consent to upload, submit, post, publish, make available or otherwise provide the User Content of a third party to the Shawish Market Platform. You also represent and warrant that the use of your User Content (or, as applicable, the User Content of a third party) does not violate these Terms and will not violate or infringe upon the Intellectual Property Rights or any other rights of a proprietary nature of any person or entity or otherwise harm or cause injury to any person or entity.

9.1       Ownership of User Content

You agree that all right, title and interest (including all copyright and moral rights, trademark rights, service marks, patent rights, database rights, trade secrets and other Intellectual Property Rights of any kind, whether registered or unregistered) in the User Content, including Product(s) (whether currently existing or arising in the future), belong to its User (or, as applicable, a third party who consents to be represented by a User). You agree that these Terms do not provide us with any rights in or to your User Content, except for the limited rights that enable us to operate and make available the Shawish Market Platform and offer the Services thereunder.

Unless otherwise provided for in these Terms, you may not use, reproduce, distribute, publish, copy, imitate, modify, adapt, create derivative works of, make available or otherwise commercialize, in whole or in part and regardless of form or medium, any User Content that is not your User Content. 

9.2       Grant of License to Shawish

By uploading, submitting, posting, publishing or otherwise providing any User Content on or through the Shawish Market Platform or the Services provided thereunder, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, display, host, store, process, reproduce, copy, distribute, publish, adapt or modify (to the extent such adaptation or modification is necessary for such User Content, including Product(s), to be displayed on and/or assume the look and feel of the Shawish Market Platform), broadcast and make available such User Content, in any and all format or media now known or later developed, for the purposes of operating, distributing, promoting, making available and improving the Shawish Market Platform and the Services provided thereunder, and developing new Services. 

9.3       No Representations, Guaranties or Warranties as to User Content

You acknowledge that you are in the best position to know if your User Content (or, as applicable, the User Content of a third party) may be used in connection with the Shawish Market Platform or the Services provided thereunder. You are solely responsible for ensuring that your User Content (or, as applicable, the User Content of a third party) does not violate any law or regulation, or any right or Intellectual Property Right of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.

We do not endorse or make any representations, guaranties or warranties of any kind with respect to any User Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with the Shawish Market Platform (whether online or offline) by any User and/or third party. You acknowledge that any use of or reliance on any User Content and/or any such statements, ideas, advice or opinions is solely at your own risk.

We will not be liable or responsible for any User Content, except as expressly provided for in these Terms.

9.4       Monitoring User Content

You acknowledge that we have no obligation to review or screen any User Content, and that by accessing or using the Shawish Market Platform, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable. 

Notwithstanding the foregoing, we reserve the right, but have no obligation, to monitor and/or review any and all User Content and/or communications transmitted on or through the Shawish Market Platform or the Services provided thereunder, to enforce or investigate potential violations of these Terms or our other policies or agreements with Users, in order to detect, prevent or otherwise address fraud or other forms of illicit or illegal activity or security or technical issues, without notice or liability to you. 

We also reserve the right to remove or refuse to display any User Content on the Shawish Market Platform or the Services provided thereunder, in whole or part, if we believe that such User Content may violate these Terms, the law or any third-party rights, without notice or liability to you. 

 

10    Intellectual Property Policy

10.1    Shawish’s Role

The Shawish Market Platform is comprised of individual third-party Sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a platform, but Shawish does not manufacture goods, hold inventory, or deliver items on behalf of our Sellers. The User Content uploaded on the Shawish Market Platform is generated by independent Sellers who are not employees, agents, or representatives of Shawish. Sellers are responsible for ensuring they have all necessary rights to their User Content and Product(s) and that they are not infringing or violating any third party’s rights by posting it.

Shawish reserves the right to disable any listing, shop, or Account that we believe violates our Terms, including the Sales Terms. Shawish also reserves the right to take action against abusers of Intellectual Property Rights.

Shawish can’t speak on behalf of intellectual property owners, nor is Shawish in a position to offer legal advice or make legal determinations whether a shop’s User Content or Product(s) infringes someone else’s Intellectual Property Rights. Shawish will remove User Content and Product(s)  cited for alleged intellectual property infringement when provided with a report that complies with our Terms.

10.2    Reports of Intellectual Property Infringement

Shawish strives to respond quickly when we receive a report of intellectual property infringement that complies with our policies by removing or disabling access to the allegedly infringing User Content or Product(s). When Shawish removes or disables access in response to a report, Shawish makes a reasonable attempt to contact the affected User, provide information about the report and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Shawish may also provide a copy of the infringement report, including the name and email address of the reporting party, to the affected User.

To report alleged infringement against User Content or Product(s) on a Shawish shop page, please complete and submit a  Reporting Form  to shawish.market@gmail.com. This is the easiest way to provide notice of claimed infringement to Shawish. 

Shawish may request additional information before processing a report, such as identity verification of the reporting party or documentation regarding the claimed right. Shawish may reject reports of infringement or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Shawish also reserves the right to take action against abusers of these Terms. 

10.3    Counter Notice

Shawish accepts counter notices for copyright infringement reports only. When Shawish receives a counter notice, we will provide a copy of the counter notice to the original complaining party. The removed User Content or Product(s) may be replaced or access to it may be restored after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Shawish of this action. 

10.4    Repeat Infringement

Shawish terminates Sellers who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Shawish’s discretion. If we believe a Seller has attempted to open a new shop after termination of the initial Account, we reserve the right to refuse access to the Shawish Market Platform to such Seller. These actions apply to any Accounts we believe are associated with or operated by the affected Seller. Shawish reserves the right to terminate Accounts at any time, for any reason, and without advance notice.

 

11    Your Ownership of the Product(s)

YOUR OWNERSHIP OF PRODUCT(S) WILL ONLY BE RECOGNIZED BY US IF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH PRODUCT(S) ON THE SHAWISH MARKET PLATFORM IN ACCORDANCE WITH THE SALES TERMS.

 

12    Data Protection / Privacy

Our Privacy Policy describes the ways in which we collect, use, store, disclose and share your personal data and is hereby incorporated by reference into these Terms. By using the Shawish Market Platform, you confirm that you have read and understood our Privacy Policy and you understand and agree to how we collect, use, store, disclose and share amongst ourselves your personal data and disclose such personal data to our authorized service providers and relevant third parties. We will only share your personal data in order to facilitate and administer your use of the Shawish Market Platform or otherwise if required by law. The Shawish Market Platform administrator will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect your personal data, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Policy, available here

We reserve the right at any time to satisfy our internal requirement as to your personal data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or for anti-money laundering and counter-terrorist financing purposes.

You reserve the right to access, rectify, or request the erasure of your personal data (as the case may be). You may contactshawish.market@gmail.com to do so.

 

13    Limitation of Services / Termination / Account Closure

13.1    You Terminate

You may terminate these Terms at any time by cancelling your Account and discontinuing your access to and use of the Shawish Market Platform. If you cancel your Account, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Shawish Market Platform. 

13.2    We Terminate

We reserve the right to, and you agree that we may, in our sole discretion and with reasonable prior written notice, terminate these Terms. We also reserve the right to temporarily suspend and/or terminate your Account(s) and your access to, or use of, the Shawish Market Platform, pursuant to the steps as laid out in section 7.4 of these Terms, at any time and for any reason, but in particular, if we suspect that (i) your Account is being used for illegal activity; (ii) you have provided false or misleading information; (iii) you have engaged in fraudulent activity; and/or (iv) you have engaged in activity in violation of these Terms.  You agree that any temporary suspension or subsequent termination of your access to the Shawish Market Platform may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination.

13.3    Other Remedies Available

If we terminate these Terms or suspend or terminate your Account and your access to, or use of, the Shawish Market Platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, but not limited to, if you engage in any Prohibited Activity), then termination of these Terms and suspension and/or termination of your Account will be in addition to any other remedies we may have at law or in equity.

13.4    Referral to Governmental Authorities

We have the right, without provision of prior notice, to take appropriate legal action, including, but not limited to, referral to law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Shawish Market Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Shawish Market Platform.

13.5    Effect of Termination

Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Shawish Market Platform or that is related to your Account, and you acknowledge and agree that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. 

After any termination of these Terms and/or any termination of your Account or access to or use of the Shawish Market Platform and the Services provided thereunder, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of these Terms; and (iii) to the extent necessary to enforce any of Shawish’s outstanding obligations or rights under these Terms, the following sections of these Terms: Section 7 Acceptable Use of the Shawish Market Platform, Section 8 Ownership of the Content, Section 9 User Content, Section 10 Intellectual Property Policy, Section 11 Your Ownership of the Product(s),  Section 13 Limitation of Services / Termination / Account Closure, Section 16 Disclaimers, Section 17 Limitation of Liability, Section 18 Indemnification, Section 23 No Waivers, Section 24 Third Party Rights, and Section 25 Governing Law and Jurisdiction.

13.6    Waiver

YOU AGREE TO WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS OR DAMAGES RESULTING FROM ANY ACTION TAKEN BY US OR THE FOREGOING PARTIES RELATING TO ANY INVESTIGATION UNDERTAKEN BY EITHER US OR SUCH PARTIES IN RELATION TO SUSPECTED ILLEGAL, ABUSIVE OR FRAUDULENT ACTIVITY (INCLUDING, BUT NOT LIMITED TO, ANY SUSPECTED PROHIBITED ACTIVITY) OR BY LAW ENFORCEMENT AUTHORITIES.

 

14    Risks

14.1    Payment Services Provider Risks

The Shawish Market Platform and the Services offered thereunder will rely on a third-party service provider, Stripe Payment, who provides payment services for the purchase and sale of Product(s). If (i) we cease to continue any relationship with Stripe Payment; (ii) the terms and conditions or pricing of Stripe Payment change; (iii) we violate or cannot comply with the terms and conditions of Stripe Payment; or (iv) Stripe Payment loses market share or falls out of favour or is unavailable for a prolonged period of time, access to and use of the Shawish Market Platform may suffer.

14.2    Your Own Risk

You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of using the Shawish Market Platform. Shawish does not give any advice or recommendations regarding Product(s). You understand and agree that you access and use the Shawish Market Platform at your own risk. You understand and agree that Shawish will not be responsible for any communication failures, disruptions, interruptions, errors, or distortions you may experience when using the Shawish Market Platform.

 

15    Taxes and Fees

15.1    Taxes

You agree that you are solely responsible for (i) determining what, if any, taxes apply to your Transactions on the Shawish Market Platform and (ii) paying any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of, and Transactions conducted on, the Shawish Market Platform. Neither Shawish nor its employees are responsible for determining the Taxes that may apply to your Transactions. Except for income taxes levied on us, you: (a) will pay or reimburse us for all federal, provincial, or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any federal, provincial, or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such Taxes from payments (including service fees) made to us pursuant to these Terms or the Sales Terms.

15.2    Fees

By buying and selling Product(s) on the Shawish Market Platform, you agree to pay all applicable fees, including service fees, which are calculated as a percentage of the total Order sale price (which includes shipping and Product price), and any third-party service provider fees, as stipulated on the checkout screen at the time of your purchase. You authorize us to automatically deduct any such fees directly from payments to you and/or add fees to your payments where applicable.

15.3    Sales Terms Information

For further information regarding the payment of taxes and fees, please refer to our Sales Terms, available here.

 

16    Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY SHAWISH, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SHAWISH MARKET PLATFORM IS AT YOUR SOLE RISK AND THAT THE SHAWISH MARKET PLATFORM AND THE PRODUCT(S) LISTED ON THE SHAWISH MARKET PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND YOU AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.TO THE FULLEST EXTENT PROVIDED BY LAW, SHAWISH WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND THAT YOU INCUR AS A RESULT OF YOUR USE OF THE SHAWISH MARKET PLATFORM,  INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CONTENT; (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, MALWARE, TROJAN HORSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SHAWISH MARKET PLATFORM; OR (V) ILLEGAL, INFRINGING OR FRAUDULENT ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, UPLOADING OR OTHERWISE MAKING AVAILABLE ON THE SHAWISH MARKET PLATFORM STOLEN PRODUCT(S) OR PRODUCT(S) THAT DOES NOT OTHERWISE BELONG TO THAT THIRD PARTY. 

TO THE FULLEST EXTENT PROVIDED BY LAW, SHAWISH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CORRECTNESS, ACCURACY, RELIABILITY AND NON-INFRINGEMENT AS TO THE SHAWISH MARKET PLATFORM AND THE CONTENT THEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SHAWISH MARKET PLATFORM WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE SHAWISH MARKET PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE SHAWISH MARKET PLATFORM WILL BE ACCURATE; (IV) THE SHAWISH MARKET PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SHAWISH MARKET PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SHAWISH MARKET PLATFORM WILL BE SECURE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

17    Limitation of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHAWISH AND OUR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, EXCEPT GROSS NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SALES TERMS, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SHAWISH MARKET PLATFORM, WHETHER IN STATUTE, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO NO MORE THAN THE GREATER OF $1,000 OR THE TOTAL AMOUNT YOU PAID US (IF ANY) TO USE OUR SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY.

APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET OUT ABOVE, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SHAWISH MARKET PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE SHAWISH MARKET PLATFORM TO YOU WITHOUT THESE LIMITATIONS.

 

18    Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Shawish and any past, present and future parent, subsidiaries and affiliates, and our and their respective employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively the “Shawish Affiliates”), from and against all actual or alleged claims, damages (actual and consequential), awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property, that are caused by, arise out of or are related to (a) your use or misuse of the Shawish Market Platform, (b) your breach of these Terms, and (c) your breach, infringement or violation of the rights of a third party, including another User or third-party service provider of the Shawish Market Platform. You agree to promptly notify Shawish of any such Claims and cooperate with Shawish in defending such Claims.

 

19    Amendment and Variation

These Terms may from time to time be updated or amended, and we reserve the right to update, amend or otherwise modify these Terms at any time and at our sole and absolute discretion. We will post any such updates on the Shawish Market Platform website. Such updated Terms as posted will take effect 30 days after being posted, unless otherwise indicated, and any changes to or modifications of these Terms will be in effect as of the “Last Updated” date referred to at the top of page 1. You should regularly check the Shawish Market Platform to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Shawish Market Platform without prior notice. By continuing to access or use the Shawish Market Platform after the “Last Updated” date and following any such changes to these Terms or the Shawish Market Platform taking effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Shawish Market Platform. If you do not wish to be bound by any changes or amendments to these Terms, then you should stop using the Shawish Market Platform immediately.

 

20    Severability

If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.

 

21    Entire Agreement / Translation

To the full extent permitted by applicable laws, these Terms and any other agreements referred to herein constitute the entire agreement between the parties regarding its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.

The parties to these Terms agree that such Terms are concluded in the English language and all communications, including any notices or information being transmitted, shall be in English. In the event that these Terms or any part thereof is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.

 

22    Notices and Communications

By using the Shawish Market Platform, you agree that we may provide you with notices (including, but not limited to, those regarding changes to these Terms) or other communications, including marketing, relating to your use of the Shawish Market Platform electronically via email (in each case to the address that you provide), postings on the Shawish Market Platform, SMS message, or telephone call (in each case to the phone number that you provide). By providing us with your email address, you consent to our use of such email address to send you any such notices, and it is your responsibility to keep your email address current. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.

Notices to us should be sent electronically to: shawish.market@gmail.com.

 

23    No Waivers

Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.

 

24    Third Party Rights

These Terms do not, and are not intended to, confer any rights or remedies upon any person or entity other than you.

 

25    Governing Law and Jurisdiction

These Terms, the rights and obligations of you and us under these Terms, and all claims or disputes that might arise between you and us, are governed by and shall be construed in accordance with the laws of the province of Ontario and, to the extent applicable, the laws of Canada, without regard to any choice or conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to our Services, these Terms, or any other agreement between you and us, to the full extent permitted by applicable laws.

Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall, upon your consent, be referred to and finally settled by arbitration administered by the Canada  International Arbitration Centre (“CIAC”) under the Arbitration Rules of the Canadian  International Arbitration Centre in force when the notice of Arbitration is submitted. The law of this arbitration clause shall be Canadian law. The seat of arbitration shall be in Canada. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.

Should you not consent to referring any such dispute, controversy or claim to arbitration, you agree that all claims or disputes arising out of or related to these Terms, the Shawish Market Platform, or the Services provided thereunder, shall be submitted to the exclusive jurisdiction of the Courts of the Province of Ontario, or the Federal Courts of Canada, as applicable.