Terms of service
Terms of Use
Effective Date: November 25, 2024
Welcome to Sustai Market. These Terms of Use (“Terms”) govern your use of Sustai Market’s websites, mobile applications, e-commerce services, product directories, health- and sustainability-focused product ratings, and any other associated services (collectively, the “Platform”). Sustai Market, Inc. (“Sustai Market,” “we,” “us,” or “our”) provides the Platform to support conscious consumerism and sustainable living. By accessing or using the Platform, you agree to comply with these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree with these Terms, you must discontinue use of the Platform immediately. We encourage you to read these Terms carefully as they contain important information about your legal rights, obligations, and available remedies.
1. Agreement to Terms
1.1 Acceptance of Terms
By accessing, browsing, or otherwise using the Sustai Market platform, including its websites, mobile applications, and any related services (collectively, the “Platform”), you acknowledge and agree to be bound by these Terms of Use (“Terms”), as well as our Privacy Policy and any other policies or guidelines incorporated herein by reference. These Terms form a legally binding agreement between you and Sustai Market, a division of Sustai Brands Inc. (“Sustai Market,” “we,” “us,” or “our”). You affirm that you are at least 18 years of age or the age of majority in your jurisdiction, and you have the legal capacity to enter into this agreement. If you are under 18 years old or are otherwise considered a minor in your jurisdiction, you may only use the Platform under the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. Your continued access or use of the Platform after reading these Terms constitutes your acceptance of and agreement to abide by these Terms in their entirety. If you do not agree to these Terms or any subsequent changes to them, you must immediately cease all use of the Platform.
1.2 Updates to the Terms
Sustai Market reserves the right, at its sole discretion, to modify, update, or otherwise amend these Terms at any time and for any reason. Such modifications will become effective upon posting the updated Terms on the Platform or upon such other date as indicated in the revised Terms. The “Last Updated” date at the top of this document will indicate the date of the most recent revision. We may, but are not obligated to, provide you with notice of material changes to these Terms via email, push notifications, or other methods of communication. However, it is your responsibility to regularly review these Terms to stay informed of any changes. Your continued use of the Platform after the updated Terms have been posted signifies your acknowledgment and acceptance of those modifications. If you do not agree to the revised Terms, you must discontinue your use of the Platform immediately. Failure to do so will constitute your acceptance of the revised Terms, and you will be legally bound by them.
1.3 Supplemental Terms
Certain features, functionalities, services, or promotions offered through the Platform may be governed by additional terms, conditions, or agreements (“Supplemental Terms”), which will be presented for your review and acceptance prior to accessing or using the specific feature, service, or promotion. Supplemental Terms include, but are not limited to, rules for specific subscription services, contests, giveaways, referral programs, or third-party integrations. In the event of any conflict between these Terms and any applicable Supplemental Terms, the Supplemental Terms shall govern solely with respect to the specific feature, service, or promotion to which they apply. All other provisions of these Terms will remain in full force and effect. By agreeing to any Supplemental Terms, you also agree that those Supplemental Terms are incorporated by reference into these Terms and form an integral part of this agreement. Your use of any features or services governed by Supplemental Terms constitutes your acceptance of those Supplemental Terms. If you fail to comply with these Terms or any applicable Supplemental Terms, Sustai Market reserves the right to terminate your access to the specific feature, service, or the Platform in its entirety.
1.4 Contractual Relationship
These Terms and any applicable Supplemental Terms constitute the entire agreement between you and Sustai Market concerning your use of the Platform. Any prior agreements, representations, warranties, or understandings (whether oral or written) are superseded and replaced by these Terms. If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. By using the Platform, you acknowledge that you have read, understood, and agreed to these Terms, and you waive any rights or requirements under any law or regulation in any jurisdiction that would require an original (non-electronic) signature or the delivery or retention of non-electronic records, to the extent permitted under applicable law.
2. Use of the Platform
2.1 Permitted Use
Sustai Market grants you a limited, revocable, non-transferable, non-exclusive, and non-sublicensable license to access and use the Platform solely for your personal, lawful, and non-commercial purposes, in accordance with these Terms and any applicable laws or regulations. Any unauthorized use of the Platform, including for commercial purposes, competitive analysis, or any use that violates these Terms, is strictly prohibited without prior written consent from Sustai Market. This license does not include reproduction, duplication, distribution, modification, adaptation, translation, creation of derivative works from, display, performance, publication, or any other exploitation of any part of the Platform without prior written authorization. It also excludes the use of any data-mining tools, robots, or similar data-gathering and extraction tools to access or extract any portion of the Platform. Sustai Market reserves all rights not explicitly granted herein. Any violation of the permitted use constitutes a breach of these Terms and may result in the immediate suspension or termination of your access to the Platform.
2.2 Prohibited Conduct
You agree not to engage in any conduct, either directly or indirectly, that disrupts, harms, or otherwise interferes with the proper functioning, security, or accessibility of the Platform. Prohibited conduct includes engaging in activities that violate applicable local, state, national, or international laws, regulations, or treaties; using the Platform for fraudulent, deceptive, or unlawful purposes; infringing upon or misappropriating intellectual property rights; introducing malicious code such as viruses, worms, or spyware; attempting to gain unauthorized access to the Platform or its systems; bypassing security-related features; and engaging in any form of unauthorized data collection or scraping. Sustai Market reserves the right to monitor usage, investigate violations, and take appropriate action, including account suspension or termination, reporting to law enforcement, or pursuing legal remedies.
2.3 Account Responsibilities
To access certain features of the Platform, you may be required to register and create an account. By creating an account, you agree to provide truthful, accurate, and complete information during the registration process and promptly update any changes to your account details to ensure their accuracy. You are solely responsible for maintaining the confidentiality of your login credentials, including your username and password. You agree not to share your account credentials with any third party or permit unauthorized access to your account. You must notify us immediately at support@sustaimarket.com if you become aware of or suspect any unauthorized access, use, or breach of your account. You accept full responsibility for all activities conducted through your account, whether authorized or unauthorized. Sustai Market will not be held liable for any loss or damage arising from unauthorized access to your account or failure to comply with these security obligations. Sustai Market reserves the right to suspend, restrict, or terminate your account and access to the Platform for any violation of these Terms, suspected fraudulent activity, or any conduct that harms Sustai Market, its users, or its reputation.
2.4 Monitoring and Enforcement
Sustai Market reserves the right, but is not obligated, to monitor, investigate, and enforce compliance with these Terms. We may remove, disable, or restrict access to any content or accounts that violate these Terms. We may suspend or terminate access to the Platform for any reason, including violations of this section. Sustai Market may also cooperate with law enforcement or regulatory authorities in the investigation of illegal activities or violations. By using the Platform, you acknowledge that Sustai Market is not obligated to monitor your activity but may do so at its discretion to protect the integrity of the Platform and enforce these Terms.
3. E-Commerce Policies
3.1 Ordering and Pricing
When you place an order on the Platform, you authorize Sustai Market, directly or through third-party payment processors, to charge your selected payment method for the total order amount, which includes the product cost, applicable taxes, shipping fees, and any additional charges disclosed during checkout. All prices displayed on the Platform are in U.S. dollars and are subject to change without notice. Pricing errors, whether caused by technical issues or human oversight, do not obligate Sustai Market to honor incorrect pricing. In such cases, Sustai Market reserves the right to cancel or revise the order, and you will be notified of any adjustments. Your order is considered accepted only when you receive a confirmation email. Sustai Market reserves the right to reject or cancel orders at its sole discretion for reasons such as stock limitations, inaccuracies in pricing or product descriptions, suspected fraudulent activity, or payment authorization issues.
3.2 Shipping and Delivery
Sustai Market strives to ensure timely and accurate delivery of your orders. Orders under $60 will incur a $6.99 shipping fee, while orders of $60 or more qualify for free shipping. At this time, Sustai Market ships exclusively to addresses within the United States, though international shipping may be introduced in the future. Delivery timelines provided by Sustai Market (typically 3 to 5 business days for processing) are estimates and not guaranteed. Factors such as vendor delays, carrier availability, or unforeseen circumstances may extend delivery times. If your package is lost or undelivered, contact support@sustaimarket.com. Sustai Market will work with carriers to resolve the issue but is not liable for losses caused by third-party shipping carriers.
3.3 Subscription Services
Sustai Market offers subscription-based services for eligible products, allowing you to receive recurring deliveries at intervals you select. By enrolling in these services, you authorize Sustai Market to charge your chosen payment method on a recurring basis based on the frequency and amount selected at the time of subscription. You may modify, pause, or cancel your subscription at any time via your account settings. To avoid charges for the upcoming billing cycle, modifications must be completed before the billing date. Subscriptions are subject to product availability, and Sustai Market reserves the right to notify you of delays, provide alternative products, or skip deliveries with a pro-rated credit or refund.
3.4 Returns, Refunds, and Vendor-Specific Policies
To align with our commitment to sustainability, a $10 processing fee applies to all returns. Returns must be initiated within 30 days of purchase and are eligible if the product is unused, unopened, and in its original packaging. Refunds for subscription products apply only to the most recent delivery. Certain products may have vendor-specific return policies, and refunds or eligibility for such products are determined by the vendor. To initiate a return, contact support@sustaimarket.com with your order number, reason for return, and product details. Upon receipt and inspection of the returned item, a refund or credit will be issued.
3.5 Changes and Cancellations
You may request changes or cancellations to your order by contacting support@sustaimarket.com before the order is processed for shipment. While Sustai Market will make reasonable efforts to accommodate your request, cancellations cannot be guaranteed once the order is in transit.
3.6 Taxes and Fees
Applicable sales taxes are calculated based on your delivery address and displayed during checkout. You are responsible for all taxes and fees associated with your order unless otherwise specified. Sustai Market complies with state-specific tax requirements and may update tax policies in accordance with changes in applicable laws.
3.7 Product Descriptions and Representations
Sustai Market endeavors to provide accurate and detailed product descriptions, though they are provided for informational purposes only. Sustai Market does not warrant that product descriptions or other content on the Platform are error-free, complete, or current. If a product received materially differs from its description, your sole remedy is to request a return or refund under the return policy.
3.8 Vendor Responsibilities
Products listed on the Platform may be sold or fulfilled by third-party vendors, who are responsible for ensuring the accuracy of product information, fulfilling orders in compliance with Sustai Market’s guidelines, and adhering to applicable laws and regulations regarding product safety, labeling, and customer service. Sustai Market monitors vendor compliance but is not liable for vendor inaccuracies or delays.
3.9 Disputes and Claims
If you encounter an issue with an order, subscription, or transaction, contact support@sustaimarket.com to initiate a claim. Sustai Market will investigate the matter and work towards resolution.
3.10 Disclaimer of Liability
Sustai Market disclaims all liability for delays, damages, or errors caused by third-party shipping carriers or vendors, inaccuracies in product descriptions, or issues arising from the use of products purchased through the Platform. Your sole remedy is to request assistance from Sustai Market’s support team.
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4. Intellectual Property
4.1 Ownership of Intellectual Property
All content, materials, and features available on the Platform, including text, graphics, logos, images, product ratings, icons, audio clips, videos, data compilations, software, and the overall design and arrangement of the Platform, are the exclusive property of Sustai Market, its licensors, or its content providers. These materials are protected by applicable intellectual property laws, including copyright, trademark, trade dress, and patent laws. Unauthorized use of trademarks, service marks, or any proprietary content is strictly prohibited and may violate intellectual property laws.
4.2 License to Use the Platform
Sustai Market grants you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to access and use the Platform and its content solely for your personal, non-commercial use. This license does not include reproduction, modification, or public display of the Platform or its content without explicit permission. Any violations may result in revocation of your license to use the Platform.
4.3 Restrictions on Use
By accessing the Platform, you agree not to copy, reproduce, modify, or distribute any portion of the Platform without prior written consent from Sustai Market. Unauthorized use for public or commercial purposes is prohibited, and attempts to reverse engineer or bypass security measures are strictly forbidden.
4.4 User-Generated Content and Feedback
If you submit reviews, comments, or suggestions through the Platform, you grant Sustai Market an irrevocable, royalty-free license to use, reproduce, and distribute this content for any purpose. By submitting content, you represent that you own or have rights to the content and that it does not violate any laws or third-party rights. Sustai Market reserves the right to remove content deemed inappropriate or objectionable.
4.5 Third-Party Intellectual Property
The Platform may display content or features provided by third parties, such as logos or trademarks, which remain the property of their respective owners. Unauthorized use of third-party intellectual property is prohibited, and Sustai Market assumes no liability for violations related to third-party content.
4.6 Copyright Infringement and DMCA Policy
If you believe your copyrighted work has been used without authorization, you may submit a DMCA notice to support@sustaimarket.com. Include a description of the copyrighted work, the infringing material, and your contact information. Sustai Market will respond to valid notices by removing infringing content and may terminate accounts of repeat infringers.
4.7 Reservation of Rights
Sustai Market reserves all rights not expressly granted in these Terms. Unauthorized use of the Platform or its content may result in termination of access and legal action.
5. Product Ratings and Data
5.1 Purpose and Scope
Sustai Market provides product ratings and sustainability scores as resources to help users make informed purchasing decisions. These ratings are based on proprietary algorithms, research, and publicly available data. They are intended for informational purposes only and should not replace independent research or professional advice.
5.2 Methodology and Limitations
The ratings reflect proprietary analysis and are subject to change. Sustai Market relies on publicly available information and third-party disclosures, which may not always be accurate. The methodology may evolve based on new data and industry standards.
5.3 Dynamic Nature of Ratings
Product ratings are dynamic and may be updated without prior notice. Users are encouraged to review the most current ratings on the Platform for accurate information.
5.4 Disclaimer and No Endorsement
The inclusion of a product in the ratings does not constitute an endorsement, certification, or guarantee of quality. Users rely on the ratings at their own discretion and risk.
5.5 User Responsibility
By using the ratings, users acknowledge that they are intended for informational purposes only and that Sustai Market is not liable for decisions made based on the ratings.
5.6 Manufacturer and Vendor Accountability
Manufacturers and vendors are responsible for providing accurate product information. Sustai Market validates key data but does not guarantee the accuracy of vendor disclosures.
5.7 Complaints and Discrepancies
If you believe a product rating is inaccurate, you may submit feedback to support@sustaimarket.com. Sustai Market will review the feedback but does not guarantee updates to ratings.
5.8 Intellectual Property and Use of Ratings
Sustai Market’s ratings and sustainability scores are proprietary and protected by intellectual property laws. Unauthorized use, reproduction, or distribution is prohibited.
6. Limitation of Liability
6.1 General Limitation of Liability
To the fullest extent permitted by law, Sustai Market is not liable for damages arising from your use of the Platform, including indirect, incidental, or consequential damages. This includes damages related to errors, inaccuracies, third-party actions, unauthorized access, platform downtime, or product issues.
6.2 Cap on Liability
Sustai Market’s total liability is limited to $100 or the total amount you paid for the product or service giving rise to the liability, whichever is greater.
6.3 Assumption of Risk
Users acknowledge that they use the Platform at their own risk. Sustai Market does not guarantee the accuracy or reliability of the content or services provided.
6.4 Exclusions in Certain Jurisdictions
Some jurisdictions may not allow exclusions or limitations of certain damages. In such cases, Sustai Market’s liability is limited to the maximum extent permitted by law.
6.5 No Warranty
For more information on warranty disclaimers, refer to Section 7.
6.6 Third-Party Products and Services
Sustai Market is not liable for third-party products, services, or representations. Issues with such products or services should be addressed directly with the vendor.
6.7 Dispute Resolution
Users agree to follow the dispute resolution process outlined in Section 7 for any claims exceeding the limitations of liability.
7. Dispute Resolution
7.1 Mandatory Arbitration
All disputes arising from the use of the Platform are subject to mandatory binding arbitration through the American Arbitration Association (AAA). Arbitration will be conducted under AAA’s rules, including its Consumer Arbitration Rules.
7.2 Exceptions to Arbitration
Users may seek resolution in small claims court for disputes within its jurisdiction. Sustai Market may seek injunctive relief for intellectual property violations.
7.3 Class Action Waiver
Disputes must be resolved on an individual basis. Class actions, collective actions, and representative proceedings are not permitted.
7.4 Governing Law
These Terms are governed by the laws of the State of New York. Disputes not subject to arbitration will be resolved exclusively in courts located in New York County, New York.
7.5 Notice of Dispute
Users must notify Sustai Market of disputes in writing at support@sustaimarket.com or via postal mail. Sustai Market has 60 days to resolve disputes informally before arbitration.
7.6 Time Limitations
Claims must be initiated within one year of the cause of action. Claims filed after this period are permanently barred.
7.7 Confidentiality of Proceedings
Arbitration proceedings are confidential and cannot be disclosed without legal requirement.
7.8 Severability
If any provision in this section is deemed unenforceable, the remaining provisions will remain in effect.
8. Contact Information
8.1 General Inquiries
For questions or concerns, contact Sustai Market at support@sustaimarket.com or by phone at +1 (650) 200-0880. Response times may vary based on the nature of the inquiry.
8.2 Legal Notices
Legal correspondence should be sent to 3101 Park Blvd, Palo Alto, CA 94306, marked “Attention: Legal Department.”
8.3 Feedback and Suggestions
Feedback submitted to Sustai Market becomes the property of Sustai Market and may be used for any purpose without compensation.
8.4 No Agency Relationship
These Terms do not create an agency, partnership, or joint venture between you and Sustai Market.
8.5 Entire Agreement
These Terms constitute the entire agreement regarding the use of the Platform and supersede any prior agreements.
8.6 Updates to Contact Information
Sustai Market reserves the right to update its contact information, reflected in this section.
8.7 Governing Language
These Terms are provided in English. In the event of conflicts, the English version prevails.