Welcome to Smple Marketplace
- Smple operates a community based marketplace within its social platform, which allows you to buy and sell items using the Smple app. You can access and use this app by visiting
www.smple.io or www.smple.world via your mobile device or via our website (the “Service”). You can search for items, log-in to your profile and view other profiles (each account has a unique and public URL) via the website.
- The Service is operated by Smple Media Limited, incorporated and registered in Vancouver, Canada.
Your relationship with us
- This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us with regards to the Marketplace. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at email@example.com to discuss what this means for you.
- By setting up an account with us and/or using and accessing the Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you may not use the Service.
Information about you and your privacy
Smple Marketplace and Payments
- Our Service allows you to buy and sell items in an easy and fun way. You can find out more information about our Service and its features here.
- You can sell your items through our Service by publishing pictures of the item you want to sell (“Sale Item”). When a user of the Service purchases such a Sale Item, this is a “Sale Transaction”.
- Sale Transactions may only take place via one of Smple’s third party payment providers - PayPal.
- Where you use PayPal to make or receive payment for a Sale Transaction, you will need a PayPal account to use the Service. If you are under 18 and do not have your own PayPal account, and plan to use a parent’s or third party’s PayPal account, you undertake that you have express permission to use such parent’s or third party’s PayPal account in relation to each and every transaction undertaken on our Service.
- To safeguard the interests of our users, you are not permitted to sell or purchase a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the payment methods offered via the Service. Please note that selling or purchasing a Sale Item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service (See section 8).
- We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the sale or purchase of an Item.
- Any agreement for and/or purchase of a Sale Item is made solely between you and the seller. The application may include functionality for suggesting more effective selling, such as discounting Sale Items, but Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process. You can find out more about our dispute resolution procedure at section 14 of these Terms of Service.
- As we are not the seller of any user posted Sale Items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items, the truth or accuracy of any picture or description of the Sale Items or any other content made available by users, the ability of sellers to sell Sale Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Sale Item, and we have no liability in this respect. Sellers are responsible for ensuring that any age-restricted Sale Items are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase Sale Items if they are younger than the advertised and legal age restriction.
Your right to use the Service
- The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the Smple application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
- Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
- Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “Smple” name, or any of the “Smple” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to Smple.
- These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of Smple’s materials and content, the Service, Smple name and/or trademarks, other than as set out in these Terms of Service.
Rules of Acceptable Use
- In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
- You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
- You must provide honest, accurate information in your Profile section. You must provide your accurate legal name, physical address, email address and telephone number.
- You must provide a correct and valid Paypal email address to receive payments.
Failure to comply with section 6(2-4) may result in loss of service; your account may not be verified or approved by us and with an incorrect Paypal address you may not receive timely payments for Sale items.
If you choose to post your product on Smple, you agree that you will:
- Honour the commitments made while posting a product; That includes dispatching and processing orders in a timely manner. Sellers are obligated to dispatch an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for dispatch times vary by country.
- Actively communicate with customers and respond to their messages in a timely manner.
- Take steps to resolve any disagreements or disputes directly with the buyer.
- You are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. It is your responsibility, and solely your responsibility, to remit the appropriate taxes to the appropriate taxing agency. We recommend that you consult your personal tax advisor regarding the best approach.You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this.
When using the Service you must not:
- Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.
- Give any false or misleading information in your Account details.
- Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you.
- Use the Service if we have suspended or banned you from using it.
- Send junk, spam or repetitive messages.
- Engage in any illegal or unlawful conduct including selling or intentionally purchasing any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).
- Modify, interfere, intercept, disrupt or hack the Service.
- Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
- Collect any data from the Service other than in accordance with these Terms of Service.
- Submit or contribute any Items or Content (including comments and descriptions relating to Sale Items) that contains unlawful content, pornography or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as Smple may decide in its absolute discretion.
- Unfairly or unlawfully interfere or manipulate any user feedback system.
- Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
- Offer to sell or buy any of the items we list as prohibited items - items - Smple has a zero tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
- Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than PayPal through the Service.
- Take any action which is deliberately designed to circumvent, reduce or manipulate the Smple Fee due to us (as specified in section 9).
- Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- Mine data, screen scrape or crawl any part of the Service.
- Disassemble, decompile or reverse engineer any part of the Service.
- Adapt, copy, vary, edit, distribute or commercialise any content in the Service without the prior written consent of Smple.
- Circumvent any technical measures implemented to protect or provide the Service.
- Use any third party’s PayPal account unless you have express permission from them to do so.
- You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Smple user information. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Smple-related communications or for Smple-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorised transactions. Without the buyer’s consent, and subject to other applicable Smple policies and laws, you may not add any Smple member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you're responsible for knowing the standard of consent required in any given instance. If Smple is sued, fined, or otherwise incurs expenses because of something that you did in your capacity of buyer personal information, you agree to indemnify Smple for the expenses it occurs in connection with your processing of buyer personal information.
- Use the service to drop ship
Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
- immediate, temporary or permanent withdrawal of your right to use our Service;
- immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We may investigate any suspected breach of the Rules of Acceptable Use. During such an investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.
- The responses described in section 8.5 are not limited, and we may take any other action we reasonably deem appropriate.
Adult only material and pornography - (However, content/items with substantial social or artistic value containing nudity is allowed)
Animals and wildlife products
Counterfeit currency and stamps
Counterfeit items, replicas and unauthorised copies
Data banks, mailing lists and personal information
Drugs and drug paraphernalia
Food and edible items
Firearms, weapons and military items
Fireworks and kit for their implementation
Goods from embargoed countries
Government, transit and shipping-related items, government documents, IDs and licenses
Human remains, human organs and body parts
Lock-picking and locksmithing devices
Medicines, medical devices and healthcare products
State or public agencies ownerships, artistic, historical and archaeological properties
Stocks and other securities
Stolen property and property with removed serial number
Notice and takedown policy
Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. You can either report within the app or send an Infringement Notice by email to support@Smple.io
. Please provide the information described below in the Infringement Notice:
- your name and contact details;
- a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use;
- a link to or such other means of identifying the problematic content.
- We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
- Once a seller successfully makes a sale through the “Service,” payments for said Sale Items are processed first by Smple and paid out the sellers PayPal account Every month once the sum of all sales payable to the seller reach USD100
- The seller of any Sale Item will pay us a fee on the total transaction amount received by the seller (including any applicable taxes, if any) in respect of any Sale Transaction (the “Smple Fee”). This amounts to 10-15% (depending on our discretion) of the total sale price of each Item.
- If the sale of an Item has been achieved through the “Collections” feature, then 10% promoter commission will be deducted from the total sale price of said item.
- Smple’s Fee and Promoter Commission will be deducted from the funds transferred to you via Paypal. Payments to promoters will be made directly by Smple.
- Sellers can access all charges related details in the “Revenue” section of the desktop web app.
Below is an example of how charges may be deducted from a seller’s deposit: A digital product sold at $10
Item price: $10
(-) Purchaser SmpleGold discount 10% USD1 (if applied)
= Sales revenue: $9
(-) Smple fee (15%): $1.35 (10% for physical goods, 15% for digital goods)
(-) PayPal processing fee: (2.9%+USD0.3)
= Creator earnings: $7.09
If the product sale has been achieved through a “promoted” Collection, then an extra 10% will go towards the Collection “Promoter” as “commission”:
Item price: $10
(-) Purchaser SmpleGold discount 10% USD1 (if applied)
= Sales revenue: $9
(-) Smple fee (15%): $1.35 (10% for physical goods, 15% for digital goods)
(-) Promoter Commission (10%): $0.9
(-) PayPal processing fee: (2.9%+USD0.3)
= Creator earnings: 6.19
TLDR: Keep in mind that these charges allow sellers to set up a free ecommerce account and have their products promoted by dedicated community members.
- SmpleGolds" are virtual tokens that we license. Each SmpleGold is a virtual token representing a limited license permission to use features of Smple Apps. Smple may or may not charge fees to acquire or use SmpleGolds, and these fees may change at any time.
- Each SmpleGold that you may acquire constitutes a limited license granted to you by Smple to access and use Content, applications, services, and various user-created contents on Smple, and is digitally represented on Smple as a virtual token that can be transferred with other members in exchange for permission to access and use specific Content, services, and various user-created features/contents, in each case in accordance with this Smple Policy and the Terms of Service. SmpleGolds are transferable by the holder to any other user, provided that both users comply with these Terms and Conditions, maintain their Accounts in good standing, and are not delinquent on any Account payment requirements. SmpleGolds may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of these Terms and Conditions is null and void. Smple may revoke any SmpleGold at any time without notice, refund or compensation. Users have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased SmpleGolds, which remain Smple’s digital content subject to Smple’s terms and conditions.
- You acknowledge that SmpleGolds are not currency or any type of currency substitute or financial instrument, and are not redeemable for any sum of money from Smple at any time. You agree that Smple has the right to manage, regulate, control, and/or modify the license rights underlying such SmpleGolds as it sees fit, and may revalue or make such license rights more or less common, valuable, effective, or functional, and that Smple will have no liability to you based on its exercise of this right. Smple makes no guarantee as to the nature, quality or value of the features of Smple Apps that will be accessible through the use of SmpleGolds, or the availability or supply of SmpleGolds. As Smple deems necessary, in its sole and absolute discretion, we may limit the total amount of SmpleGolds that may be purchased at any one time, and/or limit the aggregate amount of SmpleGolds that may be held in your Account. Smple may immediately suspend or terminate SmpleGolds for any or no reason, in its sole discretion, and without advance notice or liability.
- You acknowledge that below SmpleGold rule may apply to provide purchasers a discount towards any Sales item sold through the “Service”:
100 SmpleGolds = 10% off item price
200 SmpleGolds = 20% off item price
Ending our relationship
- If at any time you decide you can no longer agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
- If you wish to end your use of the Service, please deactivate your Account through the “Delete Account” option in the profile settings.
Our liability/responsibility to you
- You alone decide whether to proceed with a sale or purchase of a Sale Item. As such, we make no commitments regarding the Sale Items including the quality or delivery of the Sale Items, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service, or the ability of the buyer to complete any purchase of the Sale Items.
- Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
- Smple is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.
- You may be able to access third party links/websites/products via the Service. Smple is not responsible or liable for any third party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.
- To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Smple Fee payable in connection with that Sale Transaction.
- For any other claims arising out of the provision of the Service (including without limitation any dispute between users where this does not fall within paragraph 5 above, in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise).
- We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.
Your responsibility to us
If Smple is sued due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. When we decide to conduct the defence of such a claim, you agree to assist us as reasonably requested.
- If you have a dispute with us relating to the Service, in the first instance please contact us at support@Smple.io and attempt to resolve the dispute with us informally.
Disputes with other users relating to a Sale Transaction
- If you use PayPal for a Sale Item or receive any money for a Sale Transaction you may be eligible for Buyer or Seller Protection, details of which are available below.
Transactions via PayPal - Buyer and Seller Protection:
In order to be eligible for PayPal Buyer or Seller Protection, you must: a) purchase/sell the Sale Item in-app using PayPal, and b) report the transaction issue to PayPal within 180 days from the date of purchase/sale. Buyer or Seller Protection applies only if these conditions are met.
non-material goods, prohibited items and meet-in-person transactions are not covered by PayPal Buyer or Seller Protection.
- If PayPal verify that the Sales Item was not received or was significantly not as described, you may be entitled to a refund under Buyer Protection. If the Sales Item is significantly not as described, PayPal will ask you to return it to the seller before refunding you. If the Sales Item is found to be counterfeit, PayPal will ask you to destroy it.
- Sellers using PayPal: If PayPal verifies the circumstances of your claim, then you may be covered for the amount of the Sale Item on eligible sales.
- PayPal’s investigation of disputes is subject to the PayPal Terms of Service to which you will have agreed when setting up your PayPal account, so you should check these.
- The seller is responsible for the shipment of the Sales Item to the buyer.
- Smple shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and the seller must satisfy themselves as to whether any of these charges will become due, and if so in what amounts. If any such charges become due as a result of carriage and/or delivery of a shipment and are charged to Smple by any competent authority the seller agrees to reimburse Smple fully in respect of the same within 7 days of our demand.
Changes to the Service
- We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
- In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service “changes to the Service”. These changes to the Service may affect your past activities on the Service, features that you use and your User Content “Service Elements”. Any changes to the Service could involve Service Elements being deleted or reset.
Changes to these Terms of Service
- We may revise these Terms of Service from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.
- Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
- We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
- Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
Law and general provisions
- As we are based in Vancouver, British Columbia, Canada. Canadian law will apply to all disputes and the interpretation of these Terms of Service. Vancouver courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. These Terms of Service do not exclude any mandatory legal rights you may have or obligations Smple may have in your country of residence, where Smple is not allowed to exclude such as a matter of law.
- We may assign any of our rights and obligations under these Terms of Service.
- These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and Smple.
- Smple will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances Smple will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and Smple’s other commitments.
Contact, feedback and complaints
- If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at firstname.lastname@example.org with the subject line 'Terms of Service'.
- We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.