Terms of Use & Privacy

Terms of Use

Table of Contents

  • Accepting These Terms
  • Those Other Documents We Mentioned
  • Your Privacy
  • Your Account with My Soul Meals Inc.
  • Your Content
  • Your Use of Our Services
  • Termination
  • Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
  • Indemnification (or What Happens If You Get Us Sued)
  • Disputes with Other Users
  • Disputes with My Soul Meals Inc.
  • Changes to the Terms
  • Some Finer Legal Points
  • Contact Information

1. Accepting These Terms

This document and/or page makes up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and My Soul Meals Inc.

Please note that Section 11. Disputes with My Soul Meals Inc., contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use mysoulmeals.com and the other services provided by My Soul Meals Inc. (we’ll refer to mysoulmeals.com, and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

2. House Rules

My Soul Meals Inc. Services connect people both online and offline, to make, sell, and buy homestyle food. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

Our House Rules for Everyone. If you use any of our Services, you agree to these Terms and all Policies listed in this document and/or page which are included below.

All of these policies are a part of our Terms, so be sure to read all the ones that are relevant for you.

3. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.

Both My Soul Meals Inc. and sellers process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under Canadian law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not My Soul Meals Inc., will be responsible for that unauthorised disclosure.  

If, however, My Soul Meals Inc. and sellers are found to be joint data controllers of buyers’ personal information, and if My Soul Meals Inc. is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify My Soul Meals Inc. for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to My Soul Meals Inc.

4. Your Account with My Soul Meals Inc.

You’ll need to create an account with My Soul Meals Inc. to use some of our Services. Here are a few rules about accounts with My Soul Meals Inc.:

A. You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 are not permitted to use My Soul Meals Inc. or the Services. You are responsible for any and all account activity conducted by a minor on your account.

B. Provide accurate information about yourself. Do not to use false information or impersonate another person or company through your account.

C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

F. Clarity around relationship. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and My Soul Meals Inc.

5. Your Content

Content that you post using our Services is your content (referred to as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like business names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant My Soul Meals Inc. a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help My Soul Meals Inc. function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

C. Rights You Grant My Soul Meals Inc. By posting Your Content, you grant My Soul Meals Inc. a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote My Soul Meals Inc., your My Soul Meals Inc. food postings, or the Services in general, in any formats and through any channels, including across any My Soul Meals Inc. Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with this license, to the extent Your Content contains any personal information.

Consider these examples: if you upload a photo for your food posting on My Soul Meals Inc., first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer on mobile; if you post a description in English, we can translate it into Chinese so a buyer in can learn the story behind your item; and if you post a photo of your latest handmade udon, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and My Soul Meals Inc.

D. Reporting Unauthorised Content. My Soul Meals Inc. is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please notify us. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.

E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on My Soul Meals Inc.’ Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

• A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that is required; you may not sell anything that violates any laws; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against My Soul Meals Inc., another My Soul Meals Inc. user, or a third party.

• B. Pay Your Bills. You are responsible for paying all fees that you owe to My Soul Meals Inc. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.

• C. Don’t Steal. You agree 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.

• D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

• E. Trademarks. The names “My Soul Meals Inc.” and the other My Soul Meals Inc. marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of My Soul Meals Inc. in Canada and other countries.

• F. Share Your Ideas. Please feel free to share with us ideas to improve your experience and our Services. Any unsolicited ideas or other materials you submit to My Soul Meals Inc. (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

• G. Talk to Us Online. My Soul Meals Inc. will provide you with certain legal information in writing. By using our Services, we can send you information electronically (by email, etc.) and that your electronic agreement is the same as your signature on paper.

7. Termination

Termination By You. You may terminate your account with My Soul Meals Inc. at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You’ll still have to pay any outstanding bills where relevant.

Termination By My Soul Meals Inc. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites. My Soul Meals Inc. may refuse service to anyone, at any time, for any reason.

If you or My Soul Meals Inc. terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. My Soul Meals Inc. reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Warranties and Limitation of Liability

Items You Purchase. You understand that My Soul Meals Inc. does not manufacture, store, or inspect any of the food sold through our Services. We provide the venue; the food in our marketplaces are produced, listed, and sold directly by independent sellers, so My Soul Meals Inc. can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release My Soul Meals Inc. from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. My Soul Meals Inc. is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. My Soul Meals Inc. is not a party to those agreements; they are solely between you and the third party.

Gift Cards and Promotions. You acknowledge that My Soul Meals Inc. does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

Warranties. My Soul Meals Inc. is dedicated to making our Services the best they can be, but sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability Limits. To the fullest extent permitted by law, neither My Soul Meals Inc., nor our employees or directors shall be liable to you 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. In no event shall My Soul Meals Inc.’ aggregate liability for any damages exceed the greater of one hundred ($100) CAD Dollars or the amount you paid My Soul Meals Inc. in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

 

9. Indemnification

If My Soul Meals Inc. gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend My Soul Meals Inc. (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users

If you find yourself in a dispute with another user of My Soul Meals Inc.’ Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Buyer and Seller Disputes. Buyers and sellers who are unable to resolve a dispute related to a transaction on our website are not the responsibility of My Soul Meals Inc. My Soul Meals Inc. will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. My Soul Meals Inc. has no obligation to resolve any disputes.

Release of My Soul Meals Inc. You release My Soul Meals Inc. from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with My Soul Meals Inc.

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of the province of British Columbia, without regard to its conflict of laws rules, and the laws of Canada. These laws will apply no matter where in the world you live, but if you live outside of the Canada, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration. You and My Soul Meals Inc. agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the Canadian Arbitration Association (the “CAA”) under its Commercial Arbitration Rules. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and My Soul Meals Inc. are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration. Payment for any and all reasonable CAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.

D. Forum. We’re based in Vancouver, British Columbia, so any legal action against My Soul Meals Inc. related to our Services must be filed and take place in Vancouver. That means the seat of any arbitration shall be Vancouver. For any actions not subject to arbitration, you (where your contract is with My Soul Meals Inc.) and My Soul Meals Inc. agree to submit to the personal jurisdiction of a provincial court located in Vancouver, British Columbia.

E. Government Exception. If you are a government agent or entity in Canada using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of Canada (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the British Columbia.

F. Modifications. If we make any changes to this “Disputes with My Soul Meals Inc.” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against My Soul Meals Inc. prior to the date the changes became effective. My Soul Meals Inc. will notify you of substantive changes to the “Disputes with My Soul Meals Inc.” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send My Soul Meals Inc. a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and My Soul Meals Inc. in accordance with the provisions of this “Disputes with My Soul Meals Inc.” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

12. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Additional Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and My Soul Meals Inc. regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

14. Contact Information

If you have any questions about the Terms, please email us at: [email protected]

Privacy Policy

  • Accepting the Privacy Policy
  • Information Collected or Received
  • Choice & Control
  • Findability
  • Messages from My Soul Meals Inc.
  • Community
  • Information Uses, Sharing & Disclosure
  • Transfers
  • Security
  • Retention
  • Your Rights
  • Your Responsibilities
  • Withdrawing Consent
  • Privacy Policy Changes
  • Contact

1. Accepting the Privacy Policy

We need to process your personal information to run our business and provide you with the Services. By accepting our Terms of Use, you are confirming that you have read and understand this policy including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our membe, third-party websites, or third-party apps.

My Soul Meals Inc.’ Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use My Soul Meals Inc.’ Services only if they have the appropriate permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use My Soul Meals Inc. or the Services. You are responsible for any and all account activity conducted by a minor on your account.

By using the Services, you acknowledge that My Soul Meals Inc. will use your information in Canada and any other country where My Soul Meals Inc. operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to these countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections. Please read on to learn more about how we protect personal information that’s transferred outside of Europe.

2. Information Collected or Received

In the course of providing our Services, we collect or receive your personal information in a few different ways. Often, you choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Services.

Registration, Account Setup, Service Usage: In order to use the Services, you need to provide us with a valid email address, and for Services that require registration, a name associated with your account that you can choose and that represents your identity on My Soul Meals Inc. You may review, change, or remove that name through your account settings. You need to provide this information to enable us to provide you with the Services. Depending on which services you choose to use, additional information, such as a username, billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. You are not required to provide us with this information to sign up, but we will need it to provide certain services. For example, we need a physical postal address if you are buying something on the Site for delivery. As an My Soul Meals Inc. seller, if you choose to use our payment service (ie “Stripe”), My Soul Meals Inc. may require information such as your full name, social security number, identification ID or tax ID, date of birth, bank account information, credit card information, and/or other proof of identification in order to verify your identity and provide this service to you and to comply with applicable law. We may need to store credit card information (or arrange for it to be stored) and use it for both billing and payment purposes. Depending on your local jurisdiction, you can also choose to allow us to save your credit card information to facilitate the checkout process for future purchases. My Soul Meals Inc. may contact individual cooks confidentially to request more information about their food items listed to ensure compliance with our rules and applicable law. In order to use certain products or services on My Soul Meals Inc., you may be required to complete an application; information that you submit through the application processes will not be displayed publicly and will only be used internally by My Soul Meals Inc., unless otherwise specified.

Profile: You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings.

The name associated with your account, which you may review and change in your account settings, is publicly displayed and connected to your My Soul Meals Inc. activity. Other people may see the date you joined; ratings, reviews and related photos for items you purchased or sold; your profile information; items you listed for sale; your food postings and policies; your reviews; and the number of items sold; comments you post in our community spaces; and information you decide to share via social networks.

Automated Information: My Soul Meals Inc. automatically receives and records information from your browser or your mobile device when you visit the Site or use certain other Services, such as your IP address or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyse and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalised experience for members and visitors.

We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.

Location Information: We may collect information about your use of the Services for advertising, analytics, to serve content and to protect the Services, including your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the our services, you may choose to share your geo-location details with My Soul Meals Inc. in order to use functions like our local marketplace, maps, and for in-person sales (although you don’t need to share these details). You may choose to publish your location when you sell on My Soul Meals Inc.

We may obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We may use and store information about your location to provide features and to improve and customise the Services, for example, for My Soul Meals Inc.’ internal analytics and performance monitoring; localisation, regional requirements, and policies for the Services; for local content, search results, and recommendations; for mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localised policies based on your IP address or submitted address, are critical for the site to function. We will only share your geo-location details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to My Soul Meals Inc.

Analytics Information: We use data analytics to ensure site functionality and improve the Services. This software may record information such as how often you use the site, what happens within the site, aggregated usage, performance data, site errors and debugging information. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the site.

Information from Third Parties: Some members or visitors may choose to connect to My Soul Meals Inc. or register an My Soul Meals Inc. account using an external third-party application, such as Facebook. My Soul Meals Inc. may receive information from those connected third-party applications. Connecting your My Soul Meals Inc. account to third-party applications or services is optional. If you choose to connect your account to a third-party application, My Soul Meals Inc. may receive information from that application. We may also collect public information in order to connect with you. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on My Soul Meals Inc. on certain social media networks which are connected to your My Soul Meals Inc. account, and you can revoke your permission anytime in your account settings.

Non-Member Information: My Soul Meals Inc. may receive or obtain information (for example, an email address or IP address) about a person who is not yet a registered My Soul Meals Inc.  member (a “non-member”) in connection with certain My Soul Meals Inc. features, for example when a non-member chooses to subscribe to an My Soul Meals Inc. newsletter. Non-member information is used only for the purposes disclosed when it was submitted to My Soul Meals Inc. or to facilitate action authorised by the non-member.

3. Choice & Control

We know that members of our community value having control over their own information, so My Soul Meals Inc. gives you the choice of providing, editing or removing certain information, as well as choices about how we contact you. You may change or correct your My Soul Meals Inc. account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request the deletion of the personal information in your account.

Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability (including the right to obtain a copy of your personal data you provided to My Soul Meals Inc., via your settings); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion (including the right to have My Soul Meals Inc. delete your personal information, except information we are required to retain, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask My Soul Meals Inc. to stop processing your personal data, with some exceptions, by contacting us).

We use non-technically necessary cookies and similar technologies. A more detailed explanation of the technologies we use, and how to opt out when applicable.

You may also control the receipt of certain types of communications from My Soul Meals Inc. in your account settings. My Soul Meals Inc. may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account’s notification settings, and you can learn more in the “Messages from My Soul Meals Inc.” section of this policy.

We partner with third parties to manage our advertising on other sites. Our third-party partners may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests. If you have chosen to connect your account to an external third-party application, such as Facebook, you can change your settings and remove permission for the platform by changing your account settings.

If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.

4. Messages from My Soul Meals Inc.

On occasion, My Soul Meals Inc. may need to contact you. Primarily, these messages are delivered by email, and every account is required to keep a valid email address on file to receive messages. My Soul Meals Inc. may also contact you by telephone to provide member support or for transaction-related purposes. Additionally, My Soul Meals Inc. may send you an SMS (or similar) message or physical mail in order to provide you with customer support or to provide you with information about products and features that you may find of interest. You may update your contact information in your account settings.

Some messages from My Soul Meals Inc. are service-related and necessary for members and non-members. You agree that My Soul Meals Inc. can send you non-marketing emails or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying conversations with buyers, and correspondence with My Soul Meals Inc.’ support team.

When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails through the opt-out link included in marketing emails or messages. Members may also control some marketing emails or messages through their account settings as well as through the opt-out link included in marketing emails or messages.

5. Community

We offer features that allow members to connect and communicate in public or semi-public spaces, such as reviews and comments. You don’t have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We may engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. My Soul Meals Inc. generally does not remove content from community spaces, and your posts may remain public after your account is closed. Additionally, other members and non members may follow your public activity on the Site and thus you are responsible for the personal information that you choose to post in community spaces through the Services.

7. Information Uses, Sharing & Disclosure

When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:

• necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you;

• you have consented to the processing, which you can revoke at any time;

• necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims;

• necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners;

• you have expressly made the information public;

• necessary in the public interest; and

• occasionally necessary to protect your vital interests, or those of others.

Note that we principally rely on consent (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.

Where we process your information on the basis of legitimate interests, we do so as follows:

Providing and improving our Services: We may use your information to improve and customise our Services, including sharing of your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users and obtaining insights into usage patterns of our Services.

Keeping our Services safe and secure: We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services, including enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kind.

We respect your privacy. My Soul Meals Inc. will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy.

We use your information to provide and improve the Services and our products, for billing and payments, for identification and authentication, for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match, to contact members or interested parties, and for general research and aggregate reporting. For example, we may use information you provide to resolve disputes with My Soul Meals Inc. or other members. We may learn the sorts of products that you’re interested in from your browsing and purchasing behaviour on (and off) the Site or Apps and suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customising your on-site experience to help you discover relevant items and recommended purchases. Similarly, we or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook or Google.

Buying and Selling: As part of the buying and selling process, My Soul Meals Inc. will facilitate the sharing of information between the two members involved in the transaction, such as the other My Soul Meals Inc. member’s delivery address and payment information. By making a sale or a purchase on My Soul Meals Inc., you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Use. We expect you to respect the privacy of the member whose information you have received. As described in My Soul Meals Inc.’  Terms of Use, you have a limited license to use that information only for My Soul Meals Inc.-related communications or for My Soul Meals Inc.-facilitated transactions. My Soul Meals Inc. has not granted a license to you to use the information for unsolicited commercial messages or unauthorised transactions. Without express consent from that person, you must not add any member to your email or physical mailing list or otherwise use or store any member’s personal information.

Legal and Safety: My Soul Meals Inc. may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of My Soul Meals Inc.’ Terms of Use. In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).

If My Soul Meals Inc. receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, My Soul Meals Inc. may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, and company name.

Affiliated Businesses: My Soul Meals Inc. is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. My Soul Meals Inc. may also provide services or sell products jointly with affiliated businesses, including providing information to such partners to allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising.

Aggregated Information: My Soul Meals Inc. may share demographic information with business partners, but it will be aggregated and de-personalised, so that personal information is not revealed.

Service Providers: My Soul Meals Inc. also needs to engage third-party companies and individuals (such as payment processors, research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to My Soul Meals Inc. not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like processing payments and deliverments and helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.

Business Reorganisation: In some cases, My Soul Meals Inc. may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receiver deliver, or transfer of all or substantially all of My Soul Meals Inc.’ assets), member information is typically one of the business assets that is transferred. If My Soul Meals Inc. intends to transfer information about you, My Soul Meals Inc. will notify you by email or by putting a prominent notice on the Site, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.

Third Parties: Third-party plug-ins also may collect information about your use of the Site. For example, when you load a page on My Soul Meals Inc. that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognise your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. My Soul Meals Inc. chooses and manages these third-party technologies placed on its Sites. However, these are third-party technologies, and they are subject to that third party’s privacy policy. We rely on your consent to drop and read non-technically necessary cookies.

We can speak only for ourselves; this policy does not apply to the practices of third parties that My Soul Meals Inc. does not own or control or individuals that My Soul Meals Inc. does not employ or manage. If you provide your information to others, different practices may apply to the use or disclosure of the information that you provide to them. My Soul Meals Inc. does not control the privacy policies of third parties, including other members who sell using the Services or API users. My Soul Meals Inc. is not responsible for the privacy or security practices of these sellers, or other websites on the Internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of Canadian law, these sellers and users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.

6. Security

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password. It is important that you protect against unauthorised access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. If you have any questions about the security of your personal information, you can contact us at [email protected]

My Soul Meals Inc. encrypts certain information (such as credit card numbers) using secure socket layer technology (SSL). My Soul Meals Inc. follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can’t guarantee its absolute security. My Soul Meals Inc. offers optional advanced security settings for members, such as full-site SSL.

7. Retention

My Soul Meals Inc. will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your My Soul Meals Inc. member account), as described in this policy, or as needed to provide the Services to you. If you no longer want My Soul Meals Inc. to use your information to provide the Services to you, you may close your account. My Soul Meals Inc. will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, My Soul Meals Inc. sellers may also be required to retain and use your information in order to comply with their legal obligations. Please note that closing your account may not free up your email address or username (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

8. Your Rights

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your My Soul Meals Inc. account settings or by contacting us. Upon request, My Soul Meals Inc. will provide you with information about whether we hold any of your personal information.  By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. Please ensure you’ve read the options you have under the “Choice & Control” section above. If you need further assistance, you can contact My Soul Meals Inc. through one of the channels listed below under “Contact”. We will respond to your request within a reasonable timeframe.

If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.

9. Your Responsibilities

If you sell using our Services, you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and delivery address) and, to the extent you do so, under Canadian law, you are an independent controller of data relating to other users that you may have obtained through the Services.

You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to My Soul Meals Inc. users you interact with and compatible with this policy and My Soul Meals Inc.’ Terms of Use.

As a data controller, to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honour requests for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorised disclosure. This includes, for example, disclosures you make or unintentional data breaches. 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 My Soul Meals Inc.-related communications or for My Soul Meals Inc.-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 My Soul Meals Inc. policies and laws, you may not add any My Soul Meals Inc. 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 My Soul Meals Inc. and you are found to be joint data controllers of personal information, and if My Soul Meals Inc. is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify My Soul Meals Inc. for the expenses it occurs in connection with your processing of buyer personal information.

10. Withdrawing Consent

Where you have provided your consent, you have the right to withdraw your consent to our processing of your information and your use of the Services. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications or by changing your account settings. You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by closing your account through your account settings and then emailing [email protected] to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent and your account cannot be reinstated.

11. Privacy Policy Changes

We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, or (ii) sending you an email or message about the changes, We encourage you to check back regularly and review any updates.

12. Contact

If you have any questions:

Contact My Soul Meals Inc.’ Support team at [email protected]

 

Write to us at one of the following addresses:

My Soul Meals Inc. Support Team – Privacy Policy

206-395 Railway Street

Vancouver, BC

V6A 1A4

Anti-Discriminatory Policy

My Soul Meals Inc. connects thoughtful consumers with cook entrepreneurs. It’s an ecosystem where people of all backgrounds inspire each other and build relation delivers through making, selling, and buying homestyle food. We want everyone on My Soul Meals Inc. to feel safe, and fostering an inclusive environment is our priority. This policy explains the kind of behaviour we prohibit on My Soul Meals Inc. to make sure we all have a positive experience.

This policy is a part of our Terms of Use. By using My Soul Meals Inc., you’re agreeing to this policy and our Terms of Use.

On My Soul Meals Inc., you can’t discriminate based upon:

• Race

• Colour

• Ethnicity

• National origin

• Religion

• Gender

• Gender identity

• Sexual orientation

• Disability

• Any other characteristic protected under applicable law

It is your responsibility as a seller or buyer to know your local laws and any other legal regulations on discrimination that might apply to you.

Whether you’re listing items or using community spaces on My Soul Meals Inc., discrimination is not allowed. Examples of prohibited behaviour on My Soul Meals Inc. include, but are not limited to:

• Refusal of service based on membership in one or more protected groups listed above

• Derogatory or demeaning remarks against protected groups listed above

• Racial slurs

• Posts that support or glorify current or historical hate groups

If you think discrimination has occurred on My Soul Meals Inc., please report it by e-mailing [email protected] and we will investigate.

Payments Policy

1. Accepting These Terms

This document (the My Soul Meals Inc. Payments Policy or the ‘Policy’, for short) sets out your rights and responsibilities when you use My Soul Meals Inc. Payments on My Soul Meals Inc.’ services (we’ll refer to My Soul Meals Inc.com and other services as our ‘Services’), so please read it carefully. By using My Soul Meals Inc. Payments, you’re agreeing to the Policy.

The Policy is a legally binding contract between you and My Soul Meals Inc. The My Soul Meals Inc. Payments Policy is also a part of our Terms of Use. By using any of our Services, you’re agreeing to the Terms of Use.

2. Overview

My Soul Meals Inc. Payments allows sellers to (a) accept payment by transactions using Stripe, (b) have those funds credited to a seller’s payment account with My Soul Meals Inc., and (c) have those funds deposited into a seller’s designated bank account.

My Soul Meals Inc. Payments is only available to sellers who are at least 18 years old who register and are approved for a payment account with My Soul Meals Inc. My Soul Meals Inc. Payments is currently available to sellers in Canada.

Sellers may only use My Soul Meals Inc. Payments for the sale of items listed on My Soul Meals Inc.’ Services, and agree to deliver sold items once a payment transaction is complete and reflected in their payment account. My Soul Meals Inc. reserves the right to terminate a seller’s access to My Soul Meals Inc. Payments if the seller uses My Soul Meals Inc. Payments in any other manner.

Buyers may authorise a payment with My Soul Meals Inc. Gift Cards or Codes or any major credit or debit card accepted by Stripe via the Soul Meal site.

3. Third-Party Services

My Soul Meals Inc. has engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.

My Soul Meals Inc. partners with Stripe and other licensed payment processors to facilitate card payments and other payments and the disbursement of funds to sellers. The provider and processing time for your payment will vary based on various factors. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, My Soul Meals Inc. reserves the right to contact you directly and to seek payment.

My Soul Meals Inc. may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.

By using a third-party service, you may also be subject to an agreement with the third-party.

If My Soul Meals Inc. receives notice that your content or activity violates a third party’s service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include cancelling a transaction, disabling your food postings, suspending your selling privileges or removing certain payment methods.

4. My Soul Meals Inc.’ Rights and Responsibilities

My Soul Meals Inc. Payments functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in My Soul Meals Inc.’ Terms of Use.

As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.

My Soul Meals Inc. may refuse service of My Soul Meals Inc. Payments to anyone, for any reason, at any time.

My Soul Meals Inc. reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of My Soul Meals Inc.’ Terms of Use.

In the event that a buyer does not make payment for the purchase of a legitimate item sold using My Soul Meals Inc. Payments (e.g., where the buyer used a stolen or unauthorised credit card), My Soul Meals Inc. may provide limited payment protection to the seller, in the interest of fairness.

My Soul Meals Inc. maintains records associated with transactions on My Soul Meals Inc. Payments and does not pass any secure data, including credit card numbers or bank account information to any sellers. Sellers will only receive delivery information and limited buyer account information necessary to complete the order. My Soul Meals Inc.’ Privacy Policy further explains how My Soul Meals Inc. handles user information.

My Soul Meals Inc. will send you any relevant notices regarding your use of My Soul Meals Inc. Payments, in compliance with your account’s notification settings.

5. Seller Rights and Responsibilities

A. Use of My Soul Meals Inc. Payments. If you live in a country in which My Soul Meals Inc. Payments is available, you are required to sign up for My Soul Meals Inc. Payments, which will result in your account accepting payment through Stripe. For you to sign up for My Soul Meals Inc. Payments and receive payment for transactions made through My Soul Meals Inc. Payments, you must provide valid account information for a bank account in Canada. If you live in a country in which My Soul Meals Inc. Payments is available and you do not provide My Soul Meals Inc. with this information, My Soul Meals Inc. may refuse you access to the Services until you do so.

B. Payment Accounts. My Soul Meals Inc. Payments is only available to sellers who register and are approved for a payment account. A payment account allows sellers to track payment amounts, refunds, and fees related to transactions. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use a name he or she is not legally authorised to use. Sellers authorise us, and authorised agents, to verify the their information (including any updated information) by accessing public records and obtaining credit reports about the sellers in order to approve a payment account. Sellers also authorise My Soul Meals Inc. to verify the sellers’ information from time to time while the sellers are using My Soul Meals Inc. Payments. My Soul Meals Inc. verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.

Payment accounts are only available to individuals who are eligible to be sellers on My Soul Meals Inc.’ services and who have a valid credit or debit card on file with My Soul Meals Inc., unless they are exempt from this requirement.

C. Disputes. Sellers agree to resolve any disputes directly with a buyer or with the assistance of the dispute management and refund tools available on My Soul Meals Inc., and in accordance with our Terms of Use. In the event that a dispute is escalated to My Soul Meals Inc.’ Support Team, My Soul Meals Inc. reserves the right to issue a refund to a buyer if a transaction is found to be in violation of My Soul Meals Inc.’ Terms of Use.

In the event that a buyer submits a chargeback, My Soul Meals Inc. will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. My Soul Meals Inc. reserves the right to recoup funds associated with buyer chargebacks.

D. Communications. We will inform sellers of each transaction, or of other information pertaining to My Soul Meals Inc. Payments, using our standard communication procedures, including by email or through My Soul Meals Inc.’ conversation tools. Sellers can adjust account settings for notification preferences.

E. Refunds. Refunds or adjustments paid by My Soul Meals Inc. to buyers for payments made through My Soul Meals Inc. Payments may be initiated at the discretion of My Soul Meals Inc. and/or its sellers. Any such funds paid by My Soul Meals Inc. to cover refunds will be deducted from the seller’s payment account balance unless negotiated otherwise. If there are insufficient funds to cover the amount of the refund, the balance will be billed separately to the seller and will requirement payment within 30 days.

6. Appointment of My Soul Meals Inc. as Limited Collection Agent for Sellers

Each seller appoints My Soul Meals Inc. as its agent for the limited purpose of receiving, holding and settling payments to seller. My Soul Meals Inc. will settle payments that are actually received by My Soul Meals Inc. to each seller, less any amounts owed to My Soul Meals Inc. and subject to these Terms. Each seller agrees that a buyer payment received by My Soul Meals Inc., on behalf of seller, satisfies the buyer’s obligations to make payment to seller, regardless of whether My Soul Meals Inc. actually settles such payment to seller. If My Soul Meals Inc. makes ample attempt but still is unable to settle any such payments as described in these Terms to a seller, such seller will have recourse only against buyer and not My Soul Meals Inc.

7. Deposits

A. Payment Account. All funds resulting from a completed transaction will be delivered to the bank account added in the seller’s account settings. Transactions are considered complete once the payment is approved by My Soul Meals Inc. or our fraud analysis service provider. Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last payment day, are also delivered to the seller’s bank account.

Funds are eligible for deposit into a seller’s bank account at the end of any applicable deposit delay, reserve, or hold period as determined by the seller’s bank.

B. Country and Currency Options. Available Balances can only be deposited into bank accounts, in the domestic currency of the account.

C. Deposit Timing. The timing of the deposit will depend on how quickly a seller’s bank processes the request.

D. Holds and Delays. In some cases, deposits to sellers’ bank accounts could be temporarily delayed by an issue at My Soul Meals Inc., at My Soul Meals Inc.’ third-party service providers, or at a seller’s bank. We’ll do our best to communicate with the affected sellers as soon as we can.

If we believe that a seller’s actions may result in buyer disputes, chargebacks, or other claims, then we may, in our sole discretion, put (1) a hold, (2) a deposit delay, or (3) a reserve on the seller’s payment.

A hold may be put on funds associated with a particular transaction if there is a dispute or investigation related to the order, for the shorter of: (a) 180 days after the estimated delivery date; or (b) completion of any investigation regarding the seller’s actions.

Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all transactions for a seller.

A reserve is defined as a fixed percentage or amount of a seller’s current sold balance delayed prior to being deposited into a seller’s bank account for a period of up to 180 days.

If My Soul Meals Inc. places a hold, a deposit delay or a reserve on a seller’s account, we’ll do our best to communicate with the affected seller as soon as we can.

We always work hard to avoid and minimise any delays. However, please note that My Soul Meals Inc. is not obligated to refund any fees or reimburse any expenses due to holds or delayed deposits.

E. Escheatment. If My Soul Meals Inc. cannot settle funds into a seller’s bank account, it is the seller’s sole responsibility to update his or her bank account information to receive the funds. If a seller fails to update the information to claim the funds within a certain period of time, My Soul Meals Inc. will escheat the funds to the relevant government authority in order to comply with escheatment laws.

8. Recoupment

A. We reserve the right, in our sole discretion, to seek reimbursement from a seller in any of the following circumstances: (a) we provide a refund to a buyer because a seller did not promptly deliver the goods or we otherwise determine, that a refund is warranted in a particular circumstance, (b) we discover erroneous or duplicate transactions related to a seller, (c) we receive a chargeback from a buyer’s credit card issuer or reversal of payment for the amount of a buyer’s purchase from a seller, or (d) a seller does not act in accordance with My Soul Meals Inc.’ Terms of Use or any policy thereunder.

B. We may obtain reimbursement of any amounts owed by a seller to My Soul Meals Inc. by deducting from future payments owed to the seller, reversing any credits to the seller’s sold balance, charging the seller’s bill, or seeking reimbursement from the seller by any other lawful means, including by using third-party collections services. You authorise us to use any or all of the foregoing methods to seek reimbursement.

9. Payment Processing Fees

A. Overview. My Soul Meals Inc. charges a fee (the ‘Payment Processing Fee’) for processing each transaction through My Soul Meals Inc. Payments. The fee amount will be assessed on the gross order amount, excluding delivery but including tax (if applicable). Payment Processing Fees will be reflected in order details. Unlike other fees charged by My Soul Meals Inc., the Payment Processing Fee will be deducted from the amount of the payment at the time the payment is considered complete. We reserve the right to modify the Payment Processing Fee at any time. In the event of any partial or full refunds credited back to a buyer, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to the seller. Other applicable fees will be refunded on the seller’s bill.

B. Fee Amount. Transaction and Payment Processing Fees is 18%. My Soul Meals Inc. reserves the right to change the fee amount is subject to change at any time for any reason. Sellers will be notified through standard communication message if fee amounts change.

 

10. Reporting Obligations

Internal Revenue Service regulations may require information for sellers located in the Canada or being paid in CAD that meet both of the following certain thresholds in a calendar year (reporting).

To comply with these regulations, sellers who meet these transactions in a calendar year, regardless of sales volume and aggregated across his or her food postings, will be required to provide taxpayer-identification information to My Soul Meals Inc.

11. Termination

Sellers may terminate this contract and their acceptance of My Soul Meals Inc. Payments at any time by adjusting the Settings in their account with My Soul Meals Inc. My Soul Meals Inc. may also terminate or suspend a seller’s use of My Soul Meals Inc. Payments at any time.

Upon termination, any non-disputed available balance will be deposited into a seller’s bank account. My Soul Meals Inc. reserves the right, upon termination of access to My Soul Meals Inc. Payments, to set off against any payments to be made to the seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments or other amounts that might be paid to buyers in connection with purchases from the seller’s payment account for a prospective 180-day period. At the end of the 180-day period following termination, we will disburse to the seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from the seller via any of the means authorised in this Policy for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.

Fees and Taxes Policy

 

1. Types of Fees

 

Sellers may be required to pay the following types of fees:

Transaction and Payment Processing Fees

When you make a sale through My Soul Meals Inc.com, you will be charged a transaction fee of 15% of the price you display for each food posting plus the percentage charge for delivery. The transaction fee will not apply to delivery, the sales tax, Goods and Services Tax, or Harmonized Sales Tax, unless you have included those charges in your food posting(s) price(s).

My Soul Meals Inc. also charges a 3% payment processing fee for processing each transaction through My Soul Meals Inc. Payments. The payment processing fee will not apply to delivery, the sales tax, Goods and Services Tax, or Harmonized Sales Tax, unless you have included those charges in your food posting(s) price(s).

My Soul Meals Inc. reserves the right to change the fee amount at any time for any reason. Sellers will be notified through standard communication message if fee amounts change.

Delivery Fees

Delivery fees are a standard $10 for every order per cook. For example, if you order from two cooks on the same day with the same projected delivery date, the delivery fee will still be $10 per order – this is because each cook you order from is their own individual business and fees must be separated accordingly.

Other Fees and Charges

All other fees and charges are detailed in the Payments Policy section above

2. Fee Avoidance

Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by My Soul Meals Inc. This includes, for example, encouraging buyers to purchase food postings in My Soul Meals Inc. through another venue. A transaction initiated on My Soul Meals Inc. may not be completed off of My Soul Meals Inc. The price stated in each food posting must be an accurate representation of the sale. Sellers may not alter the item’s price after a sale for the purpose of avoiding My Soul Meals Inc. transaction fees, misrepresent the item’s location, or use another user’s account without permission.

3. Taxes

You are responsible for collecting and paying any taxes associated with using and making sales through My Soul Meals Inc.’ services.

If you sell physical goods on My Soul Meals Inc. and reside in Canada, you have the option of either including applicable taxes in your listing prices, or excluding applicable taxes from your food postings and manually calculating the tax owed on each sale. You are solely responsible for ensuring that all of your food postings are properly categorised and you agree to indemnify My Soul Meals Inc. for any losses it incurs in connection with any miscategorisation of your food postings.

Please remember that My Soul Meals Inc.’ fees do not include any withholding taxes that might apply in your home country. You are required to pay My Soul Meals Inc. the full amount of our fees and may not deduct any applicable withholding taxes from that amount.

4. My Soul Meals Inc. Gift Cards and My Soul Meals Inc. Credits

If you are registered to use My Soul Meals Inc. Payments, you may accept payment by My Soul Meals Inc. Gift Cards and Codes. My Soul Meals Inc. will still charge, the My Soul Meals Inc. Transaction and Payment Processing Fee described above on My Soul Meals Inc. Gift Card and My Soul Meals Inc. Credit transactions.

 

Prohibited Items Policy

This policy is a part of our Terms of Use. By opening an My Soul Meals Inc. account, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on My Soul Meals Inc. site:

Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative and entrepreneurial community, we err on the side of freedom of expression. We also tend to allow items that have educational, historical or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.

In order to help provide clarity and insight into our policy making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on My Soul Meals Inc.

1. Non-Food Items

We are a marketplace for food. Any non-food items are prohibited from being sold on the My Soul Meals Inc. site.

 

2. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

Food Postings including ingredients with alcohol, tobacco, and drugs are prohibited on My Soul Meals Inc. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances simply are not in the spirit of My Soul Meals Inc. and we therefore do not allow them.

Restrictions on descriptions of purported health benefits:

A medical drug claim is any element of a food posting that suggests an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on My Soul Meals Inc., we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.

My Soul Meals Inc. prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. My Soul Meals Inc. may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. If My Soul Meals Inc. receives proper notice from a legal authority, we may remove an item.

3. Animal Products and Human Remains

Certain animal products are highly regulated and not in the spirit of My Soul Meals Inc. due to the risk of harm to live, companion or endangered animals.

More Details:

The following are examples of animal products that may not be sold on My Soul Meals Inc.:

• Live animals.

• Food Postings created using any animal species designated as threatened or endangered by the Species at Risk Act in Canada or listed in the Convention on International Trade in Endangered Species (CITES).

• Food Postings made from cat and dog parts or pelts as defined by Canadian Law.

• Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory.

• Food Postings made from human remains.

3. Hate Items: Items that Promote, Support or Glorify Hatred

We want My Soul Meals Inc. to be a community where people of all backgrounds, nationalities, religions, political affiliations and even different types of artistic taste and humour feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others.

More Details:

My Soul Meals Inc. does not allow food postings that directly or indirectly promote, support or glorify hatred towards people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”) or items or content that promote organisations or people with such views.

The following items are not allowed on My Soul Meals Inc.:

• Food postings that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups or groups that advocate an anti-gay, anti-immigrant or Holocaust denial agenda.

• Food postings that contain racial slurs or derogatory terms in reference to protected groups.

4. Illegal Items, Items Promoting Illegal Activity and Highly Regulated Items

We respect the law and expect My Soul Meals Inc. sellers to respect the law as well.

More Details:

Illegal items and items that promote illegal activity, including counterfeit or stolen items, are generally not allowed on My Soul Meals Inc. Neither are certain items that are subject to complex legal regulations or registration systems. It’s important to abide by the laws of the markets in which you are selling. What is legal in one location may be illegal in another. All forms of illegal activity are strictly prohibited. In addition, food postings may not facilitate or promote illegal acts through images or descriptions.

Additionally, due to complex legal restrictions that vary by location, My Soul Meals Inc. does not permit the sale of real estate or motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.).

We require sellers to follow all applicable laws for the food postings they list.

Delivery Policy

This policy is a part of our Terms of Use. By opening an My Soul Meals Inc. sellers’ account, you’re agreeing to this policy and our Terms of Use.

1. Delivery Timings

Delivery timings listed on the Delivery page of the My Soul Meals Inc. site are only estimates may vary depending on traffic or special considerations (such as holidays).

2. Delivery Schedule

Deliveries are made on a weekly basis with no exceptions. Customers can personally request customized delivery schedules and timings, but My Soul Meals Inc. is in no way required to accept these requests.

3. Delivery Issues and Accidents

If Delivery Issues arise in relation to incorrect orders, timings, and the like, My Soul Meals Inc. does not assume any legal or monetary responsibility for these issues. My Soul Meals Inc. is not liable for any direct or indirect accidents or occurrences that arise as a result of the delivery process.

Refund and Return Policy

Soul Meals is a platform for independent cooks who run their own businesses. This means that each cook is responsible for their own policies regarding refunds, exchanges, and returns. Individual policies will vary from cook to cook. Soul Meals does not offer refunds, returns, or exchanges, regardless of the situation.