Terms & Conditions


NOTICE

Please read carefully these Terms and Conditions (“Conditions” in short) before using Soulawa’s Services. Upon using Soulawa’s Services, Users are deemed to be agreeable to Soulawa’s Conditions with immediate effect. Soulawa shall have the right to vary, modify, alter, supplement or otherwise amend at any time these Conditions, as it deems fit in accordance with the applicable law.

BINDING TERMS AND CONDITIONS

The Conditions are a legally binding contract between Users and Soulawa, and shall be governed by the Laws of the Republic of Mauritius, wherever Users are located, provided that Users must comply with all statutory, legal, mandatory rules, requirements, guidelines that may be applicable to use of the Services, and Products pursuant to the laws of countries from where Users intends to use the Services.

  1. DEFINITIONS

    • “Advertising Rules” means the rules set forth in Schedule 1 hereto

    • “Applicable Laws” means the laws of the Republic of Mauritius, as may be from time to time enacted, promulgated, amended or otherwise modified, including regulations, ordinance of local, state, federal and international laws that may apply to Users, the Transaction, or the Products.

    • “Content” includes without limitation any information or data which is personal and proprietary to the User(s) and provided by the User including, names, usernames, passcode, billing information, bank names, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.

    • “Excluded Products” means any Prohibited Items and any other product, item, material, including real estate goods, building equipment, motor vehicles such as automobiles, motorcycles, boats, travel trailers, etc.

    • “Intellectual Property Rights” or “IPR” means (i) patents, patent applications, patent disclosures and inventions (whether patentable or not), (ii) trademarks, service marks, trade dress, trade names, logos, corporate names, Internet domain names, and registrations and applications for the registration for any of them, together with all goodwill associated with any of them, (iii) copyrights and copyrightable works (including computer programs and mask works) and registrations and applications for registration, (iv) trade secrets, know-how and other confidential information, (v) waivable or assignable rights of publicity, waivable or assignable moral rights, (vi) unregistered and registered design rights and any applications for registration, and (vii) database rights and all other forms of intellectual property, such as data.

    • “Products” means any goods, items, hand-made, craft supplies, vintage goods, locally made

    • “Prohibited Items” includes, without limitation, alcohol, tobacco, drugs including medical and pharmaceutical products, living animals, and any human or animal derived products, dangerous or hazardous items or materials, arms, weapons, explosives, toxic items, counterfeited or stolen items, and any related materials or items that promote, support, or glorify violence, hatred, and any illegal, prohibited and regulated items, pornography and mature content.

    • “Purchase Price” means the price of the Products excluding of all fees and commissions or commissions to Soulawa, including collecting and/or paying any applicable taxes for any purchases or sales made through the Services.

    • “Rules” means such rules developed from time to time by Soulawa and applicable to Users, as Buyer or as Seller, and include Advertising Rules.

    • “Soulawa” means Soulawa Ltd, a private company limited by shares incorporated under the laws of the Republic of Mauritius under the number C140660.

    • “Services” means the services provided by Soulawa, as a platform that facilitates the connection between sellers and buyers around the world, both online and offline, for the purpose of making, selling and buying locally or handmade made goods from around the world.

    • “Soulawa Systems” means Soulawa’s proprietary materials, technology, software (including Open Source Software), software licensed or distributed under any of the licenses or distribution models data, information, documentation, drawings, computer programs, interfaces, plug-ins, source code, object code and listings, inventions, creations, databases, models), developed by or on behalf of Soulawa, including customizations to or derivatives of any of the foregoing.

    • “Trademarks” include trademarks, service marks, trade dress, or marks, phrases, logos and designs that are proprietary to Soulawa and used in connection with the Services, are registered in the name of Soulawa in Mauritius and other countries.

    • “Transaction” means the purchase and sale transaction in respect of the Products pursuant to these Conditions and applicable Rules.

    • “Users” means the Seller and/or the Buyers using the Services.

  2. PROVISION OF SERVICES

    1. Soulawa shall offer to Users a platform where Buyers can purchase, and Sellers can sell Products around the world, subject to these Conditions and specific Rules applicable to the Transaction. The purpose of the Services is to provide a venue for Buyers and Sellers to find, learn about, and enter into Transactions around the world.

    2. Nothing in these Conditions shall imply that Soulawa is part of the Transaction, and Users understand that neither the Buyer, nor the Seller directly buy or sell from Soulawa.

    3. In consideration of Soulawa providing the Services, Soulawa shall be paid such fees, or commissions set forth under Soulawa Payment Rules (Schedule 2).

  3. RULES

    1. Users shall abide by the Rules applicable to them, as Seller or Buyer as the case may be.

    2. The Rules applicable to Sellers and Buyers are set forth in Schedule 3 and Schedule 4 respectively.

    3. Soulawa does neither manufacture, nor store nor shall Soulawa inspect any of the Products sold through the Services. Users understand that Soulawa provides the venue, and that Products are produced and sold directly and independently by Sellers. Any legal claim related to a Product purchased must be brought directly against the Seller of the Product. Users hereby release Soulawa from any claims related to the Products sold through the Services, including for defective items, misrepresentations by Sellers or Products that caused physical injury (like product liability claims).

    4. Soulawa makes no representations concerning any content posted by users through the Services

    5. Services may contain links to third-party websites or services such as Facebook, Twitter, or Pinterest (without limitation), which are not placed under Soulawa’s control. Users understand that using a third party’s product or service in order to use some of the Services (like a compatible mobile device to use our mobile apps) shall be done at their own risk and cost. Soulawa hereby declares that it is not a party or has not made any arrangement in respect of such third parties terms of use, and shall under no circumstances be held liable for any misuse by Users of such third parties terms of use.

  4. CREATION OF ACCOUNT AND ACCESS TO SERVICES

    1. In order to be able to use the Services, Users must first create an account. For the purpose of creating an account, Users represents and warrants that:

      1. he is 18 years old or older;

      2. he has the full capacity to use the Services and enter into the Transaction contemplated hereby pursuant to the Conditions;

      3. he has the full authority and ability to agree to the Conditions;

      4. the Content represents accurate, honest and verifiable information;

      5. by using the Services, he does not violate or infringe any third party intellectual property rights;

      6. he shall at no point share with any person its account or disclose its username, and passcode in any manner whatsoever;

      7. he understands that his account is personal and not transferable;

      8. he has taken all precautionary measures to protect the confidentiality and security of his username and passcode.

    2. Any creation of account is subject to Soulawa’s review and approval. For the avoidance of doubt, Soulawa may, at any time, and for no reason, refuse or decline to service anyone.

    3. Users acknowledge that upon suspension of Services, Users shall have no contractual or legal right to continue to use our Services.

  5. LICENSE TO USE SOULAWA’S SYSTEMS

    In connection with the provisions of the Services, and enable the Users to complete the Transactions, Soulawa hereby grants Users a limited, non-exclusive, non-transferable and revocable license to use Soulawa Systems in connection with the Services.

  6. USER’S OBLIGATIONS AND RESPONSIBILITIES

    1. Users hereby grant Soulawa a license to use the User’s Content in connection with and in furtherance of the Services. Users undertake and covenant:

      1. not to post any content that is inappropriate, misleading, offensive, abusive, threatening, defamatory, obscene, vulgar or otherwise offensive in violation of these Conditions or any Applicable Laws;

      2. not to upload, or post any content that is false and misleading;

      3. not to use the Services in a manner that is fraudulent or deceptive;

      4. to immediately inform Soulawa in case of infringement of any third party Intellectual Property Rights, and remove any infringing Products from the Services;

      5. not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

      6. not to harm Soulawa’s Systems, in any manner whatsoever;

      7. not to attempt to interfere, or to interfere with, or try to disrupt the Services by distributing a virus or other harmful computer code;

      8. to use the Services solely at his own risk;

      9. to release Soulawa from all liability relating to Users interactions with other Users.

    2. Users shall comply with all Applicable Laws in connection with the use of the Services, and shall obtain the relevant licence, permit, authorisation or approval as required for the purpose the completion of the Transaction, or in relation to the Products.

  7. PAYMENT

    1. Users shall be responsible for paying the Purchase Price in respect of the Products pursuant to Soulawa’s Payment Rules set forth in Schedule 2;

    2. Users shall further pay all fees, or commissions to Soulawa, including collecting and/or paying any applicable taxes for any purchases or sales made through the Services.

  8. INDEMNIFICATION

    1. Users shall indemnify and hold Soulawa, its employees, agents, officers, préposés, or directors free and harmless from and against any claims, demands, loss, damage or expense, including costs and attorney’s fees incurred by Soulawa based on any claim that any Product delivered pursuant to these Conditions or used by the Users infringes any copyright, trade secret or proprietary right of any third party, or resulting from a breach by User of his obligations and covenants under these Conditions, including but not limited to the representations herein.

    2. Users also agree to defend and indemnify Soulawa (including any of its employees, agents, officers, préposés, or directors) from any legal claim or demand (including reasonable attorney’s fees) that arises from Users’ actions, use (or misuse) of Soulawa’s Services.

    3. Soulawa shall promptly notify the User upon learning of any claim or suit for which indemnification may be sought, provided that failure to do so shall have no effect except to the extent the User is prejudiced thereby. Soulawa shall have the right to participate in such defense or settlement with its own counsel and at its sole expense, but the User shall have sole control of the defense or settlement of the claim; and both Soulawa and User shall reasonably cooperate with the defense and/or settlement of the claim.

  9. WARRANTIES

    1. Soulawa warrants that Services are provided “as is” and without any kind of warranty (express or implied).

    2. Soulawa hereby disclaims all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose, any warranty of non-infringement, and any implied warranties arising from statute, course of dealing, course of performance or usage of trade.

    3. Soulawa does not guarantee that:

      1. the Services will be secure or available at any particular time or location;

      2. any defects or errors will be immediately fixed;

      3. the Services will be free of viruses or other harmful materials; or

      4. the use of Services will meet User’s expectations.

    4. Users understand and acknowledge that Soulawa cannot and does not make any warranties about the quality, safety or legality of the Products.

  10. LIMITATION OF LIABILITY

    1. To the fullest extent permitted by law, neither Soulawa , nor its employees, agents, officers, préposés, or directors shall be liable for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms.

    2. In no event shall Soulawa’s aggregate liability for any damages directly resulting or in connection with the provisions of the Services exceed the greater of one hundred ($100) US Dollars, or the amount paid to Soulawa in respect of the Services over the past twelve (12) months, whichever is the higher.

  11. SOULAWA’S RIGHTS

    1. Soulawa hereby grants to the Users a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of the Content to provide the Services and to promote Soulawa, Soulawa shop, or the Services in general, in any formats and through any channels, including across any Soulawa Services or third-party website or advertising medium.

    2. Soulawa shall have, at any time, in its sole and absolute discretion, the right to:

      1. withdrawn or remove from the Services any Prohibited Items and Excluded Products, without giving any reason whatsoever for doing so, and any prior notice to the User. Users shall be forthwith notified of such withdrawal or removal;

      2. terminate any User’s account from such User’s account settings;

      3. suspend at any time, for any reason, and without any prior notice, any User’s account (and any related accounts) and/or access to the Services;

      4. change, suspend, or discontinue any of the Services at any time, for any reason, without obligation to resume the Services;

      5. to change, suspend or discontinue the Services, without any liability whatsoever.

    3. Soulawa will not claim the Content of any User.

    4. Soulawa has no responsibility on any content of the users. Every user is solely responsible for their Content and the use our Service.

    5. Soulawa is not responsible for the accuracy, copyright compliance, legality or decency of content posted by Users and accessed through the Services.

  12. TRADEMARK AND LOGOS

    Users will have not any right to use Soulawa’s Trademarks, logos or other Intellectual Property Rights. All IPRs shall at all times remain vested in Soulawa.

  13. CHANGES TO THE CONDITIONS

    1. Soulawa shall have the right to update these Conditions from time to time, as it deems appropriate, and shall inform Users of any material change by: (i) posting the changes through the Services, or (b) sending Users an email.

    2. Changes will be effective upon the posting of the changes. Users acknowledge that the use of Services following the changes constitutes an acceptance of the updated Conditions.

  14. DATA PRIVACY

    Soulawa’s Privacy and Security Policy is set forth in Schedule 5 hereto.

  15. CONSEQUENCES OF TERMINATION

    1. Soulawa’s termination of Users’ account will not affect the availability of some of the Content posted through the Services prior to termination.

    2. Users shall pay any sums, fees or commissions owed to Soulawa, or any Products up to the date of termination.

    3. Users acknowledge that any information associated with the account, including Content may be lost as part of the termination, and closing of account process.

  16. COMMUNICATION

    Soulawa may send Users information electronically on the website email, instead of mailing paper copies, and that User’s electronic agreement is the same as User’s signature on paper.

  17. DISPUTE RESOLUTION BETWEEN USERS

    1. In the event of a dispute between a User and another User, or a third party, such Users shall attempt to resolve the dispute amicably, and Soulawa will, but will have no obligation to, attempt to help such Users to resolve such dispute in good faith, provided that Soulawa shall not make any decision or judgement in relation to the issue or claim. Users hereby release Soulawa from any claims, demands and damages, which may arise out of disputes with other users or parties.

    2. If Users are unable to resolve the dispute amicably, Users shall resolve the dispute before the jurisdiction and courts of their choice.

  18. GOVERNING LAW - DISPUTE RESOLUTION

    1. These Conditions are to be interpreted and implemented in accordance with the laws of the Republic of Mauritius, without giving effect to the conflict of laws rules.

    2. Any dispute arising out or in connection with this contract, including questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA-MIAC arbitration rules, which Rules are deemed to be incorporated by reference into this article. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be Mauritius. The language to be used in the arbitration shall be English.

  19. OTHER LEGAL TERMS

    1. Any of the terms of these Conditions that by their nature extend beyond its expiration or termination remain in effect until fulfilled, including governing law and jurisdiction, indemnification, intellectual property rights, limitation of liability, limitations period, charges, credits and payments, survival, and warranty.

    2. These Conditions represents the full agreement of Soulawa and Users pertaining to the subject matter thereof and no other agreement shall be recognized, except if the same is part of these Conditions, and accepted by Users as stated herein, and shall automatically supersede any previously agreed conditions and agreement regarding the Services.

    3. If any provision of these Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions of these Conditions will not in any way be affected or impaired, and the invalid, illegal, or unenforceable provision will be restated to reflect the original intentions of Soulawa and Users under these Conditions as nearly as possible in accordance with Applicable Laws.

    4. Soulawa may assign or transfer any of its rights and obligations to an affiliate or a successor by merger or an acquirer of all or substantially all of the business, stock or assets, without consent of Users.

    5. These Conditions do not create any agency, partnership, joint venture, employment or franchisee relationship between Users and Soulawa.

  20. CONTACT INFORMATION

    If you have any questions about these Conditions or any of the Rules, please email us at: hello@soulawa.com


PAYMENT RULES

  1. By opening a shop in Soulawa, you are agreeing to the Terms Conditions of Soulawa.

  2. The Purchase Price in respect of a Product will include the price of the purchase plus any fees or commissions, and shipping charges (on the day of shipping), as follows:

    1. Listing fee of 0.20 USD for each item will occur when a shop owner add an active new listing and or renew the listing. When your listing is expired after three (3) months, it can be renewed either automatically or manually.

    2. Transaction fee of 6% will occur for every sale made through Soulawa per item price. The fee will be charge directly at the moment that the transaction happens between seller and buyer.

    3. Advertising fee applicable when you purchase our advertising tool to promote your shop.

  3. All fees are non-refundable.

  4. Payment of any tax applicable resulting from a sale is the exclusive and sole responsibility of the Seller.

  5. Any action attempt by a Seller to avoid paying a fee is strictly prohibited. For example, seller encourages buyers to purchase his Products through another channel or platform other than Soulawa.

  6. Sellers are not allowed to charge shipping cost excessively.

  7. Any outstanding payment remains to be settled by the User, upon termination or suspension of the account.

  8. All payments of using Soulawa’s online payment facilities will be directly processed by PayPal using Secure Socket Layer (SSL) technology.

  9. If successful, PayPal will confirm that your payment was completed.

  10. If unsuccessful, PayPal will advise that your payment has failed. Soulawa will not be advised why a payment has failed, therefore, you should contact your credit card provider or PayPal account for details.

  11. When you complete Soulawa’s online payment form, funds will be deducted from your PayPal account in the selected currency.

  12. Due to the way Transactions are processed by the external banking sites, there may be delays of 1-3 days in updating your payment in Soulawa’s records.

  13. Credit card numbers are protected with a high level of encryption when transmitted over the Internet.

  14. Soulawa does not have access to your credit card details.

  15. All information you provide on the credit card payment facility forms will be handled in accordance with the Soulawa’s Privacy and Security Policy.

  16. For more information, please contact us on hello@soulawa.com

  17. Soulawas’ User General Terms and Conditions are subject to change at any time.  


SELLER RULES

These Rules apply, in addition to the User Terms and Conditions, if you are a Seller of Products.

  1. DEFINITIONS

    Estimated Delivery Period” means the date starting from the ordering of the Product by the Buyer until the date on which the Product is shipped to the Buyer. For the avoidance of doubt, the estimated delivery date is the date the Product is shipped to the Buyer.

    Fee Avoidance” involves without limitation promoting, pursuing another User via Soulawa, posting announcement in order influencing or directing Buyers to purchase Products listed on Soulawa from another platform or online selling venue, or using an empty shop or profile to direct Buyers to another online selling venue, or completing a Transaction off Soulawa’s platform

  2. CONDITIONS OF DISPLAY OF PRODUCTS

    Sellers must comply with the following:

    1. Accurately display the following information:

      1. name of supplier(s), manufacturer of the Products, or the person involved in the making of an item;

      2. price of the Products;

      3. technical specifications including warranty (where applicable);

      4. Conditions of use, options for customizations, or guidelines for maintenance (where applicable);

      5. Name of Seller’s shops

    2. Upload his own photographs-- not stock photos, artistic renderings, or publicly available pictures, or photos used by other Users or picked up from third parties’ sites.

    3. State that the charitable organisation prior consent has been obtained if the purchase price of the Products is intended to be entirely or partly used for charitable organisation fund raising;

    4. Comply with Soulawa General User Terms and Conditions including Privacy Statement;

    Sellers further represent and agree to:

    1. Honor his Shop policies (if available);

    2. Protect the intellectual property of others;

    3. Not to engage in fee Avoidance.

    Any Product, which does not comply with the above conditions may be removed from Soulawa’s listing at any time, without any liability to Soulawa. Seller shall not be entitled to claim the refund of listing-fee paid in respect of the Product . If necessary, Soulawa may also terminate the User account in accordance with article 11 of the User General Terms and Conditions.

  3. ENTERING INTO THE TRANSACTION

    Seller undertakes to provide a high standard customer services, and agrees to :

    1. Promptly or otherwise in a timely manner process the delivery of the Product within the Estimated Delivery Period;

    2. Seek confirmation of delivery of the Product to the Buyer;

    3. Respond or otherwise proactively interact with the Buyer;

    4. Abide by the Seller’s shop policies (if available);

    5. Immediately address or attempt the resolution of any dispute with the Buyer in accordance with article 18 of the User General Terms and Conditions;

    6. Immediately notify the Buyer if an order cannot be processed and the Transaction should be cancelled;

    7. Comply with the laws of the country of the Buyer for example in respect of right of withdrawal, cancellation and refund of purchase price.

    Seller shall have the option to open a case, in the event of situations or circumstances not covered by these Rules, or experience which has been encountered and could be shared with other Users.

    Any tax applicable resulting from a sale is the sole and exclusive responsibility of the Seller.

    Any action attempt by Sellers to avoid paying a fee is strictly prohibited. For example, Seller encourages Buyers to purchase his Product through another channel or platform other than Soulawa.

    Sellers are not allowed to charge shipping cost excessively.

    Using another user’s Soulawa account is prohibited.

  4. RESTRICTIONS

    1. Seller shall not sell any Prohibited Items, and is not allowed to resell any Products.

    2. Seller is not allowed to have duplicate shops, although Seller may have multiple shops. “Duplicate shops” means a list of similar or nearly indistinguishable Products in more than one shop, often using the same or nearly indistinguishable photographs, descriptions, pricing, and branding (including cover photo or banner, Shop Icon, About section, and shop policies).

    3. Seller may not open a new shop if his previous shop or shops have been closed by reason of a breach of Soulawa User General Terms and Conditions or Rules.

    4. Seller must not:

      1. Use Soulawa for unsolicited commercial messages, advertising, promotions, or unauthorized transactions, requests for donations, or spam;

      2. Harass or abuse another User;

      3. Contact a User after he has explicitly asked you not to;

      4. Interfere with a transaction or the business of another User;

      5. Disclose a dispute with another User;

      6. Add any User to his email or physical mailing list or store or misuse any payment information. The Privacy Rules apply;

      7. Upload Content that is abusive, threatening, defamatory, harassing, obscene or vulgar, or ant Content, which is false, deceptive, or misleading;

      8. Upload Content or list a Product in violation of another User’s privacy or intellectual property rights;

      9. Manipulate Reviews by extortion i.e. through threats, intimidation, or bribery in order to get positive Reviews.

    Shilling is strictly prohibited.

  5. REVIEWS SYSTEM

    Any User may provide “Reviews” in respect of the Products and/or Transactions. Sellers may interact with Buyers in respect of any Review. Seller’s response to Reviews shall, under no circumstances, contain:

    1. private information;

    2. obscene, racist, or harassing language or imagery;

    3. advertising or spam;

    4. terms of shipping carrier or third party’s content or information; or

    5. anything that would be prejudicial to Soulawa’s System.

  6. CANCELLATION OF TRANSACTION

    Below are the circumstances under a transaction may be cancelled:

    1. The Buyer did not pay the Purchase Price for the Product(s) in which case Seller will immediately notify the Buyer that payment has not been received;

    2. Both Seller and Buyer agree to cancel the transaction after the Buyer has placed the order, and prior to shipment of the Product by the Seller;

    3. Both Seller and Buyer agree that Buyer returns the Product at the Buyer’s costs, and Seller entirely refunds the Purchase price, upon receipt of the returned Product;

    4. Buyer did not receive the Product ordered, even though Seller provided proof of shipping, in which case, Seller will have to entirely refund the Purchase Price. In case of refund, Seller must keep documentary evidence of such refund, in case of dispute.

    Under no circumstances, shall Soulawa be held responsible for any cancellation of transaction and consequences thereof, including the reimbursement of the purchase price to the Buyer. Sellers hereby agrees to indemnify and hold Soulawa harmless against all claims, demands, suits or legal actions that a Buyer may initiate as a result of the cancellation by Sellers of the transaction. In this case, section 8 of Users General Terms and Conditions shall apply.


BUYER RULES

These Rules apply, in addition to the User General Terms and Conditions, if you are a Buyer of Products.

  1. ACKNOWLEDGMENT

    Buyers acknowledge that

    1. Transaction is not with Soulawa but one or more Sellers, also using Soulawa to promote, sell, list and advertise Products;

    2. Soulawa does neither pre-screen Sellers nor guarantee or endorse Products or of the Seller’s Content;

    3. Payment methods may vary.

  2. ENTERING INTO A TRANSACTION

    Before entering into a Transaction, Buyer agrees to:

    1. Have read and understood the Product specifications, and description, the Payment Rules, delivery terms and conditions of the Product, and the Seller’s shop policies

    2. Have accepted the Purchase Price and related costs;

    Buyer undertakes, and agrees to :

    1. Promptly notify Seller of the delivery of the Product;

    2. Immediately advise Seller of any delay in delivery;

    3. Proactively interact with the Seller;

    4. Immediately address or attempt the resolution of any dispute with the Seller in accordance with article 18 of the User General Terms and Conditions;

    5. Immediately notify the Seller if an order is being withdrawn and the Transaction should be cancelled;

    6. Comply with the laws of the country of the Buyer for example in respect of right of withdrawal, cancellation and refund of purchase price;

    7. Keep documentary evidence of any payment made in respect of the Product;

    Buyers further agree not to using another User’s Soulawa account.

    Buyers hereby agrees to indemnify and hold Soulawa harmless against all claims, demands, suits or legal actions that Buyer may initiate against a Seller for noncompliance of the Product with its specifications, descriptions or warranties, or in case of late delivery or failure to deliver by the Seller. In this case, section 8 of Users General Terms and Conditions shall apply.

    No Product shall be shipped and delivered without the appropriate payment of the Purchase Price for the Product purchased being made, in accordance with the Payment Rules.

    Unless otherwise required by law, no cancellation of purchase is permitted. Please refer to Seller’s Rules in respect of Cancellation of Transaction. Under no circumstances, shall Soulawa be held responsible for any cancellation of transaction and consequences thereof, including the reimbursement of the purchase price to the Buyer.

    Each Seller has his or her own return policies, which should be outlined in the Shop Policies.

    Buyer shall have the option to open a case, in the event of situations or circumstances not covered by these Rules, or experience which has been encountered and could be shared with other Users.

  3. RESTRICTIONS

    1. Buyer must not:

      1. Use Soulawa for unsolicited commercial messages, advertising, promotions, or unauthorized transactions, requests for donations, or spam;

      2. Harass or abuse another User;

      3. Contact a User after he has explicitly asked you not to;

      4. Interfere with a transaction or the business of another User;

      5. Disclose a dispute with another User;

      6. Add any User to his email or physical mailing list or store or misuse any payment information. The Privacy Rules apply;

      7. Upload Content that is abusive, threatening, defamatory, harassing, obscene or vulgar, or ant Content, which is false, deceptive, or misleading;

      8. Upload Content or list a Product in violation of another User’s privacy or intellectual property rights;

      9. Manipulate Reviews by extortion i.e. through threats, intimidation, or bribery in order to get positive Reviews.

  4. REVIEWS SYSTEM

    Any User may provide “Reviews” in respect of the Products and/or Transactions. Buyers may interact with Sellers in respect of any Review. Seller’s response to Reviews shall, under no circumstances, contain:

    1. private information;

    2. obscene, racist, or harassing language or imagery;

    3. advertising or spam;

    4. terms of shipping carrier or third party’s content or information; or

    5. anything that would be prejudicial to Soulawa’s System.


PRIVACY AND SECURITY POLICY

  1. PRIVACY STATEMENT

    1. We are committed to protecting your personal information. This privacy policy applies to all webpages of Soulawa’s website, and form integral part of the General User Terms and Conditions of Soulawa.

    2. This privacy statement applies to personal information we collect about you, when you visit Soulawa’s websites, or when you or the other User on the other side of a Transaction complete the Transaction or otherwise provide personal information.

    3. We want to ensure you are aware of our practices for collecting, using, protecting disclosing, and otherwise processing personal information, which is information about a person that can be used to identify that person.

  2. PRIVACY POLICY

    1. Purpose

      1. All the information gathered in Soulawa’s web pages shall be used to personally identify Users that subscribe to the Services for the purpose of a Transaction. Your personal information will not be used other than which for the purpose of the providing you with the Services stated in the General User Terms & Conditions of use for the Services.

      2. We may also process your personal information, including payment details on Soulawa’s System in order to prevent fraud and other illegal activity, and for verification process of the Transaction. We have the right, but not the obligation, to monitor any activity and content associated with Soulawa’s Website.

      3. We may investigate any reported violation of the User General Terms and Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from Soulawa’s Website).

    2. How we collect

      1. We collect your personal information directly from you and/or from the User on the other side of your Transaction.

      2. Personal information we collect can include: (i) contact information such as name, address, telephone number, or email address; (ii) financial information such as credit card information; (iii) Transaction information, such as name and other information about you and the User on the other side of the Transaction, amount of Purchase Price, and other related costs; and (iv) such other personal information as we may collect with your consent or as permitted or required by law.

    3. How we use

      1. Soulawa may use your personal information in a number of ways, including (i) for our everyday business purposes such as to process Transactions, maintain your account(s), and manage and administer our business and records, to prevent fraud, abuse, and other actual and potential prohibited or illegal activities, to meet legal, regulatory, insurance, security and processing requirements, and to respond to court orders and legal investigations; or (vii) otherwise you’re your express consent, or as permitted or required by applicable law.

      2. We may store personal information in Soulawa's secure server.

      3. Personal information will be subject to the laws of the country in which it is located including lawful access requests by government authorities. The laws of these countries (which may include countries outside USA, the European Economic Area) may not have similar data protection laws to the European Economic Area.

      4. Soulawa will not use, disclose or otherwise process personal information about you in ways incompatible with the ones described in this Policy without informing you and offering you a choice as provided for by applicable law.

    4. How we disclose

      1. Soulawa may share the collected personal information, with its agents, service providers, law enforcement officials, or the Seller, any of whom may be in a country other than your own.

      2. We will not share the information with anyone else, except as permitted by law or regulation.

      3. Soulawa may further disclose personal information for other purposes as permitted or required by applicable law and international conventions and treaties. Disclosures permitted or required by law and international conventions and treaties may include cooperation with criminal or government investigations, fraud prevention and detection, and responses to a court order or subpoena.

      4. If Soulawa becomes involved in a proposed or actual merger, acquisition or any form of sale of some or all its assets, we may disclose personal information to third parties in connection with the evaluation of the transaction. The surviving company, or the acquiring company in the case of a sale of assets, would have access to personal information which would continue to be subject to this privacy statement.

    5. How to access

      1. We want to ensure that personal information we collect and use about you is accurate for its intended purpose and therefore we have processes to help maintain the accuracy of the personal information we collect.

      2. You can request access to your personal information or help us maintain accurate records by informing us of changes or modifications to your personal information.

      3. We will take reasonable steps to verify your identity before granting you access or enabling you to make corrections. Soulawa will retain personal information only for the time period needed for business purposes or as required by law and will securely destroy such information thereafter.

      4. You may request access to your personal information, ask for the information to be corrected or updated, or deleted from Soulawa’s System by emailing us at:hello@soulawa. We will process your request in accordance with the applicable law.

    6. Express Consent

      1. By using Soulawa’s website, you agree to our collection, use and transfer of your personal information for the above purposes.

      2. You may withdraw your consent to our use and disclosure of personal information at any time, subject to contractual and legal restrictions. You may send an e-mail tohello@soulawa. If you withdraw your consent to certain uses of your personal information, we may no longer be able to provide you with our Services. Where we have provided or are providing you with Services, your consent will be valid for so long as necessary to fulfill the purposes described in this Privacy Policy or otherwise at the time of collection, and you may not be permitted to withdraw consent to certain necessary uses and disclosures, for example, maintaining reasonable business and transaction records.

      3. We will continually work to protect the privacy of our consumers and regularly review our privacy policies. We may need to change this policy from time to time, and without prior notice, in order to address new issues and reflect changes on Soulawa’s website. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

      Change to Policy

      1. Should you not be agreeable to this Privacy Statement, please do not use Soulawa’s website. Your continued use of Soulawa’s website following the posting of any changes to these terms indicate your acceptance of those changes.

  3. COOKIE/TRACKING TECHNOLOGY POLICY

    1. Soulawa’s website may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer Soulawa’s Site.

    2. Soulawa’s website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to Soulawa’s website, and understanding how visitors use Soulawa’s website. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personal information, cookies may be tied to such personal information. Aggregate cookie and tracking information may be shared with third parties.

  4. Data Security Policy

    1. Soulawa uses industry-standard practices and security measures to safeguard your personal information.

    2. Soulawa’s websites are not intended for use by minors. Soulawa will not knowingly collect personal information from or market to children without the consent of a parent or legal guardian.

    3. Access to personal information is restricted to employees and service providers who need to have access to that information as described in this privacy statement, in accordance with applicable laws. Our service providers are required to observe standards for the security, collection, use, and sharing of personal information, and to comply with applicable law.

    4. All credit card transactions are128 bit Secure Socket Layers (SSL) encrypted. Soulawa’s incorporation documents and the website’s registered domain name are checked and verified byPayPal,ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.

    5. Soulawa is committed to providing secure the Services, using physical, technical, and administrative security measures to protect against loss, misuse, and alteration of personal information under our control. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Soulawa’s System isprotected by firewalls and intrusion detection systems.

    6. Social media login data will be stored externally.

    7. Payments and credit-card data will be used trough the PayPal gateway and not directly on Soulawa’s web application.

    8. Soulawa continually reviews and enhances its security in line with technological changes.

    Preventing Identity Theft

    Please do not send confidential personal information such as passport numbers, government identification numbers, or account numbers to Soulawa via an unsecured email message.

    You may send personal confidential information to Soulawa via phone, or using the "Contact Us" link available on our website.

    Do not be misled by emails that appear to be from us and ask for personal information. If you receive a suspicious email requesting your personal information, please forward the email immediately to hello@soulawa.com.

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