General Terms and Conditions

GENERAL TERMS AND CONDITIONS

Last Updated: 22/11/2023

Welcome to Simubay

These General Terms and Conditions (“Terms and Conditions”) govern your use of the Simubay website (the “Website”) and the services offered thereon (the “Services”). By accessing or using the Website or Services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Website or Services.

1. Definitions

In these Terms and Conditions, the following terms have the following meanings:

• “Simubay” means Simubay or Simubay.com as a Trading Name of G Studio G Ltd
• “User” means any individual or entity that accesses or uses the Website or Services. This could be either a Buyer or a Vendor.
• “Buyer” or “Customer” means any individual who has submitted, is in the process of submitting or uses the platform with the intent to submit a purchase for a product or a service offered on Simubay
• “Vendor” means a User who has registered with Simubay to sell products on the Website.
• “Product” means any item or service offered for sale on the Website by a Vendor.
• “Order” means a purchase of a Product from a Vendor through the Website.

By using any service or SImubay you agree to the General Terms and Conditions (“this document”) as well as, our Privacy Policy and to the Buyer Guidelines stated below. Any User purchasing a product or a service agrees & understands that:

1. The “Product” is not shipped, made, stocked, nor fulfilled by Simubay in any circumstance.
2. The “Product” is fulfilled by each independent Vendor who has previously registered.
3. Simubay acts as an intermediary between a Buyer and a Vendor, and Vendors are responsible for safety compliance, and quality assurance of their “Products”
4. Simubay does not conduct any quality checks or assurance on the products offered by Vendors
5. Simubay does not offer guarantees or warranties provided by vendors for their products, these are agreed between the Buyer and the Vendor according to the Vendors store policies.

2. User Registration and Accounts

2.1. Users may register as customers or as vendors.

2.2. Customers are required to provide their name, surname, delivery address, and email address for the purpose of processing orders and/or for marketing purposes where explicit consent was given or agreed.

2.3. Vendors are required to provide additional information as outlined in the Vendor Terms and Conditions.

2.4. Users are responsible for the safekeeping of their passwords and email addresses and must not share them with anyone.

2.5. Simubay may suspend or terminate a user’s account for any violation of these Terms and Conditions.

3. User Conduct and Content

3.1. Users are prohibited from engaging in any behavior that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

3.2. Users are prohibited from uploading, posting, transmitting, or otherwise making available any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

3.3. Users are prohibited from using the Website or Services for any commercial purpose without the prior written consent of Simubay unless registered as “Vendors” on the platform, and therefore in agreement with the Vendor Terms and Conditions.

4. Intellectual Property and User Submissions

4.1. Each Vendor retains full legal responsibility and Intellectual property rights to the images (i.e. Vendors logos, images, banners) and descriptions of Products that they upload to the Website.

4.2. Simubay retains intellectual property rights to all other content on the Website, including but not limited to text, images, graphics, logos, and designs.

4.3. Users may not copy, modify, distribute, transmit, or otherwise make available any content from the Website without the prior written consent of Simubay or the relevant copyright owner.

4.4. Copyright infringements are not tolerated and can result in suspension or termination of a user account

5. Disclaimer of Warranties and Liability

5.1.  Simubay does not make any warranties, express or implied, with respect to the Products sold on the Website.

5.2. Simubay is not liable for any damages, direct or indirect, arising from the use of the Website or Services.

5.3. Users (Vendors) are responsible for ensuring that the Products they distribute are safe and suitable for their intended use.

5.4.  Simubay acts role as a marketplace facilitator and it is not responsible for the actions of Users, Buyers, or Vendors.

6. Dispute Resolution

6.1 Initial Contact with Vendor. In the event of any disputes arising from the purchase of a Product, Users are encouraged to first contact the Vendor directly to seek resolution. The Vendor will be granted 48 hours to respond and initiate a resolution.

6.2 Vendor Response. If the Buyer is not satisfied with the Vendor’s response or resolution, they may escalate the matter to Simubay by contacting us at info@simubay.com. Simubay will then review the dispute and work towards a fair resolution.

6.3 Methods of Dispute Resolution. The resolution process may involve methods such as negotiation, mediation, or arbitration. Simubay may act as a mediator to facilitate communication between the parties.

6.4 Simubay’s Role. Simubay’s role is to facilitate communication between the Buyer and Vendor and assist in the resolution process. Simubay does not guarantee the outcome of the resolution but is committed to fostering a fair and transparent process.

6.5 Final Resolution. If a satisfactory resolution is not achieved through the initial dispute resolution process, Simubay may, at its discretion, provide recommendations or take additional steps to reach a final resolution. Simubay’s decision in such matters will be final.

6.6 Legal Recourse. If a resolution is not reached through the platform, Users retain the right to pursue legal recourse through applicable legal channels. Simubay is not responsible for any legal actions taken by Users outside the platform.

7. Account Termination

Simubay retains the unequivocal right to suspend or terminate user accounts for violations, such as fraudulent activities or misuse of the platform. Examples include deceptive practices or actions deemed detrimental to the community or Simubay’s integrity. Termination decisions are made by the platform’s commitment to maintaining a secure and ethical environment.

8. Cancellation and Refund Policies

Simubay recognizes the importance of clear and user-friendly cancellation and refund policies to ensure a positive and trustworthy user experience. The following details outline the specific aspects of the Cancellation and Refund Policies:

8.1 Cancellation Conditions. Users are entitled to cancel their orders under certain conditions. These conditions include instances, where the product received, deviates significantly from the description provided by the vendor, there is a delay in delivery beyond the stipulated timeframe, or cases where the vendor explicitly allows cancellations.

8.2 Cancellation Process. If a user wishes to cancel an order, Simubay provides a straightforward and accessible cancellation process. Users are required to initiate the cancellation through their Simubay account, adhering to the stipulated guidelines. Simubay encourages users to review the specific vendor’s cancellation policies, as they may vary.

8.3 Refund Requests. Simubay facilitates a transparent refund process for users who meet the specified criteria for refunds. Refund requests may be considered in scenarios such as order cancellations, product returns due to defects, or other circumstances outlined in the vendor’s refund policy. Users are encouraged to familiarize themselves with the vendor’s policies for clarity on refund eligibility.

8.4 Refund Processing Time. Simubay aims to process refunds promptly and efficiently. The exact processing time may vary based on the payment method and financial institutions involved. Users can expect to receive communication from Simubay regarding the status of their refund, ensuring transparency and accountability in the process.

8.5 Vendor-Specific Policies. Simubay emphasizes that vendors may have specific cancellation and refund policies outlined in their store policies. Users are encouraged to review and understand these policies before making a purchase. Simubay acts as an intermediary in facilitating communication between buyers and vendors to address any concerns related to cancellations and refunds.

8.6 Dispute Resolution for Refunds. In the event of disputes arising from refund requests, users are encouraged to follow the dispute resolution process outlined in Section 6. The resolution process may involve negotiation, mediation, or arbitration, with Simubay serving as a mediator to facilitate communication between the parties.

8.7 User Responsibility in the Refund Process. Users are responsible for providing accurate information and adhering to the specified procedures during the refund process. Any failure to comply with the outlined guidelines may impact the user’s eligibility for a refund.

8.8 Exceptional Circumstances. Simubay acknowledges that exceptional circumstances may arise, and users may encounter unique situations not covered by the standard policies. In such cases, users are encouraged to contact Simubay directly at info@simubay.com for personalized assistance.

This detailed elaboration on User Cancellation and Refund Policies aims to provide users with a comprehensive understanding of the conditions, processes, and responsibilities associated with canceling orders and seeking refunds on the Simubay platform. It emphasizes transparency, user empowerment, and adherence to vendor-specific policies.

9. Data Security and Privacy

Simubay places a paramount emphasis on safeguarding user data. All personal information collected, including names, addresses, and emails, is handled with the utmost care and in strict compliance with applicable privacy laws. Rigorous measures are in place to secure, store, and protect user data. Simubay commits to maintaining a high standard of confidentiality, ensuring users can trust that their sensitive information is treated responsibly. This commitment extends to transparently communicating data handling practices and offering users control over their privacy preferences. Simubay’s dedication to data security is integral to fostering a secure and trustworthy online environment for its users.

10. Indemnification

Users unequivocally agree to indemnify and hold Simubay harmless from any claims, losses, or damages arising from their use of the platform. By accepting these terms, users assume responsibility for any legal consequences resulting from their actions on Simubay, safeguarding the platform against liabilities. This provision underscores the importance of users acknowledging and mitigating potential risks, fostering a community where all participants contribute to a secure and trustworthy online marketplace.

11. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. This provision ensures that if any aspect of the agreement is deemed legally unsustainable, the overall integrity and enforceability of the remaining terms remain unaffected, fostering continued adherence to a legally sound and comprehensive user agreement.

13. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

14. Changes to Terms and Conditions

Simubay reserves the right to modify these Terms and Conditions at any time without prior notice. Users are responsible for regularly reviewing these Terms and Conditions to ensure that they are aware of the current terms.

15. Contact Us

If you have any questions about these Terms and Conditions, please contact us at info@simubay.com.

Please note that these Terms and Conditions are for general reference only and should not be considered legal advice. You should consult with an attorney to discuss your specific legal needs.