Terms of Service
The website is wholly managed by Softwaremart.ca. ‘We’, ‘Our’, and ‘Us’ refer to our site only. All data, including but not limited to tools and services, are for the use of clients, users, and frequent site visitors given that they recognize and accept all notices, guidelines, and conditions set in these Terms of Service.
Accessing the site to check or buy products we offer, users hereby engage in our ‘Service’ and are expected to follow the terms and conditions (‘Terms of Service’, ‘Terms’) executed by www.softwaremart.ca. These Terms of Service also relate to non-buyers, including content contributors, vendors, site browsers, and/or merchants, who access and use tools and contents of the site. Users are required to read and understand the Terms. If any of these are not acceptable, they are advised to end usage of the site.
Softwaremart Canada has the right to modify, update, and replace any of the policies or parts in these Terms of Service as it deems essential. Updates or changes will be announced on our website. Continued use or access after the announcements of these changes indicates users’ understanding and subsequently consenting to these changes.
Users must know that Magento Platform hosts the online store. It offers us the e-commerce platforms we require to sell our digital download products.
Section 1: Online Store Terms
Consenting to the Terms of Service is tantamount to acknowledging understanding of our Terms. Agreeing also means validating that the user is of legal age at the time of website access, and that his or her children who use the site are also of legal age.
Users are not allowed to use any of our products to perform illegal activities that may be cause for breach of copyright laws. Also not allowed and is punishable by law is the release of any destructive form of cyber threats, including but not limited to worms, spyware, viruses, malware, destructive bots, and other malicious software or files. If any of these Terms is violated, we will have to terminate the Service.
Section 2: Common Conditions
Softwaremart.ca has the full authority to deny clients and to not render any kind of service for any reason.
Personal data – excluding credit card information – may be transmitted without using encryption. Likewise, transmission can be done from several servers. Users recognize and maintain that they cannot imitate, exchange, replicate, offer, or use in any degree or form, any section of the Service for personal benefits.
It must be known that each title or headings found in these Terms of Service are regarded to accommodate clients. They play a role on these Terms.
Section 3: Changes in Prices and Services
Without prior notice, the prices of products sold and featured on the site can be modified. In addition, we have full rights to postpone, amend or discontinue segments of the Service even with no prior notice. We are not responsible to our users, clients, and site guests should we perform any of these activity.
Section 4: Products
We have a wide variety of products offered on the site that are accessible to all users and clients. The quantity is restricted, however. We advise users to read and understand the Frequently Asked Questions and Return Policy to know more about these products and the rules we implement.
We try our very best to publish accurate images of the items we sell, but some elements beyond the control of the site may affect the quality of the pictures. These include client’s PC and other devices.
We have the right to curb the number of products we sell. We also hold the right to deny selling items to some persons, locations, and jurisdiction depending on the circumstances.
We hold no liability on any recommendation or promo to purchase the products on the site but through a completely different unit or a person not authorized by the online store. This type of activity is forbidden by our site. Likewise, we cannot guarantee the product or products’ quality bought from a third-party or sites different from www.softwaremart.ca.
Section 5: Billing Data accurateness
It is the responsibility of the client to provide us with accurate data for the purpose of billing. As clients, it is likewise your obligation to give us updated info to ensure successful transactions on the purchase of product(s).
Softwaremart.ca has the right to reject orders from specific persons and places. We have also set prior limit on the number or amount of items for purchase by certain persons or households. We can locate and identify individuals who will exceed the required limit through data on orders, including name, account, credit card information, and address. If this happens, we will send notification to the buyer through email or phone. This restriction on the number of products to be purchased is set to prevent individuals from reselling our affordable items at a higher cost.
Section 6: Data Accuracy and Relevance
We are not liable for any inaccuracy, insufficiency and obsoleteness of data contained on our site. All content posted are to give general information and reference to visitors and clients. For this reason, these materials should not be your only basis to decide about buying. It is therefore the clients’ responsibility to check the exactness of data posted at all times.
Section 7: Personal Information
Section 8: Third-Party Tools
It is possible to come across third-party tools on the site; hence, users are advised to practice discretion before accessing these as they are made on ‘as available’ and ‘as is’ basis. These tools are neither managed nor monitored by us. Consequently, we do not give any warranty of any form or degree, and we cannot be held responsible for glitches, issues, queries, complaints or claims that may come about out of the use of the said third-party tools.
As you use or access these tools, you are aware that you are the one responsible for any issue relevant to the use of such materials. All products and conditions that we offer in the future are covered by these Terms.
Section 9: Third-Party Links
Some items displayed on our site and in our Service may carry materials for third parties. Users and clients may read, click on or access interfaces that can be seen on the site and which can lead them to pages that are not related to www.softwaremart.ca in any level. Let it be known that we hold no liability for any service, material and product taken out or requested from links that are not ours.
Any damage, malicious material or issue that arises from transacting with third-party sites is not our responsibility. It is the users’ and the clients’ obligation to read and understand these contents and materials provided by third-party links.
Section 10: Flawed, Inconsistent, and Inaccurate Information
Our site may have information that may be inaccurate because it is outdated and it contains typographical errors, and others. These mistakes may come from product descriptions, promotional offers, pricing, and even availability. We reserve our right to update and correct such data that may hold inaccuracies and inconsistencies. Consequently, we also exercise our right to reject or terminate request for orders even with no previous announcement from our end.
We have no obligation to keep the information up to date or to modify it or to provide an explanation on any of the data reflected in these Terms of Service.
Section 11: Comments and Submissions
All materials, feedbacks or comments, and contest submissions you give us or share on our website indicate that you are doing such action according to your free will and in good faith. This action also tells us that as a user, you permit us to use these materials in any method or form. You also give us the consent to copy, edit, distribute, and publish these materials without giving prior notice to the sender. You also validate that none of your comments bear libellous content or any type of threat that may affect the usual operation of the site and including its affiliate sites.
Being a user, you are liable for all the messages and comments you publish about the products, content or services of any of the third-party sites or sites not associated to us.
In connection with this, we have no obligation to do the following:
1. Compensate you or give any form of compensation on the comments you have given;
2. Maintain the secrecy of the feedbacks; and
3. Provide answers to the comments given
We have the full right to take out comments, and change or closely monitor any form of content that we find obscene, offensive, objectionable, and illegal. Messages, comments, and materials that breach these Terms of Service or our intellectual property rights may also be subjected to legal actions.
Section 12: Severability
If one part, section, term or component of these Terms is found to be unenforceable, the stipulation will still be applied to the most acceptable degree of law. The Terms that are found to be unenforceable shall be deemed deleted.
Such concern should not, in any way, affect the entirety and legitimacy of the whole Terms of Service.
Section 13: Illegal Uses
You are not authorized to use any section or part of the site and its whole content, including Terms of Service, for these purposes:
a) for any prohibited or illegal activities
b) to discriminate, harm, intimidate, and defame a person because of his age, gender, ethnicity, race, disability, and sexual orientation
c) (with the intention) to support or participate unlawful actions of any type or degree;
d) to violate federal, local, international or state ordinances
e) to perform any acts of immorality
f) to spread viruses, malicious threats or software programs that can affect the Service and the execution thereof, and the trustworthiness of the site
g) to breach intellectual property rights
h) to publish or transmit misleading info
i) to make use of to be able to collect data of other businesses and/or individuals
j) to spider, spam, pretext, phish, scrape or pharm
k) to gain access to the security limits and to infringe the security components of the site, its Terms of Service, and affiliated sites
We have all the right to cease visitors and clients’ use of our Service soon as you are found to be guilty of any of the above-mentioned activities.
Section 14: Disclaimer of Warranties
Softwaremart.ca does not promise, in any level, form or degree, that your use and access of the website will be secured, free from blunders, and timely.
The constant use or access of the site and the subsequent outcome is also not guaranteed. Because of that, we may be compelled to postpone or make the Service not accessible for a specific amount of time without prior notice.
Your use of our Service is at your full discretion and you give full consent in the event that you decide to use and access the Terms. All products and services presented on the site are on ‘as available’ and ‘as is’ basis. They do not hold warranties or representations of any form or level, whether implied or expressed.
We, at www.softwaremart.ca, including all the officers, directors, suppliers, licensors, affiliates, staff, service providers, agents, and others are not responsible for any possible loss, injury, and claim or any indirect, direct, incidental, punitive, consequential or special damages of any degree. The said event may include but not restricted to the loss of revenue and information, and other associated damages taking place as a consequence of access and use of Service.
We also stay not accountable to the errors relevant to the products sent, published or sold, or made available through the Service. Let it be known that we only hold restricted accountability in accordance to the law, even though we further accept that certain states or jurisdictions do not allow limitation or omission on the coverage of incidental or resulting damages.
Section 15: Current Law
All terms and conditions set in these Terms, including separate agreements given together with the products and services, shall control and be carried out according to the laws of 128 W Hastings St #210 Vancouver BC V6B 1G8.
Section 16: Indemnification
You automatically consent to indemnify Softwaremart Canada, which include its subsidiaries, parent company, service providers, board of directors, agents, officers, contractors, interns, suppliers, affiliates, and licensors free from any probable claim or demand, as well as attorney’s fees started by any third party that may start off from the breaching of these Terms.
Section 17: Terms of Service Termination
All stipulations in these Terms of Service shall be in effect unless otherwise ended by either party – Softwaremart.ca or the users. As a user, you also have the right to decide whether to continue or terminate these Terms of Service at any position you wish. However, you will need to inform us of this decision. As you terminate the Terms, you also express your wish to no longer use or benefit from our Service. You are also expected to refrain from going to the site.
We also have the right to terminate these Terms of Service, if in case we learn of issues arising from the failure to follow the Terms stipulated herein. Thus, stopping of the Terms of Service can occur immediately and even with the lack of prior notification. At any rate, you, as user, are still compelled to pay an amount basing on the purchase of products before the ending of the whole agreement.
Section 18: Entire Agreement
The inability to execute any part of the stipulations in these Terms is not tantamount to providing waiver of the said provision.
These Terms of Service, which include all the rules and the operating laws we post related to the Service or the site make up that whole agreement, and the understanding between us and the users. This may comprise the access and use of the site, proposals, oral and non-oral communications, existing and non-existing contracts, and may consist of but not restricted to all earlier versions of the Terms. In case of vagueness in the acceptance of the Terms of Service, it shall not be taken against the drafting party. The site has no responsibility for the misunderstanding of any Term thereof.
Section 19: Terms of Service Modifications
All users, guests, and clients are requested to check, understand, and review the Terms as well as policies of this site. If they continue to use and access the site, it indicates the approval of the Terms.
We reserve our right to replace, update, and modify any part of these Terms, as well as publish the said changes on the site.
Section 20: Contact Details
Should you need additional information or should you have questions about these Terms of Service, please contact us at +1 877-285-1026 or email us at [email protected]. You may also chat with us using the chat function located on the right side of the homepage.