TERMS AND CONDITIONS OF USE

  • Last updated June [**] , 2020.

    Please read through the terms and conditions below to use the site:

     

     

    Company name: [**] (hereinafter, “Money Marketeers”).

    Tax identification number: [**]

    Address: [**]

    Company registration: [**]

    Email: [**]

     

    You access and make use of this site on the condition that you accept to be bound by all the terms of use of this site. These terms and conditions will be binding on all sellers, individuals or bodies that visit this site and/or contract our services. You may sign up for, or use the Money Marketeers services once you agree to be bound by the following Terms. Accepting these Terms and Conditions you also accept our Privacy Policy.

    Furthermore, bear in mind that within the acceptance of these Terms and Conditions, you also accept Shopify Terms and Conditions and Privacy Policy. Therefore, please, read them carefully as they will be a part of these Terms and Conditions as an annex of it.

    If a conflict between these Terms and Conditions and the Terms and Conditions of Shopify arises when using Shopify services, only in this case, Terms and Conditions of Shopify shall prevail.

    In these Terms and Conditions:

    Account' means the account associated with the email address of a seller.

    Buyers' means individuals or companies who visit a website’s seller for the sole purpose of purchasing  services or goods.

    The Site' means: www.moneymarketeers.com.

    Sellers’ means a self-employed or a company that has (or will to) allocat(ed) a store for the purpose of sale through it designed by Money Marketeers. Under no circumstances may the Seller should be considered as a consumer.  

    Terms' means the Terms and Conditions of this Site

    Store’ means an online Shopify shop where Buyers can purchase services or goods designed by Money Marketeers and supported by Shopify.

    Delivery’ means the time when the Store is totally completed by Money Marketeers and the Seller is allowed to enter into it and commences to use it and manages it by itself.

    Users’: those people who access to this Site.

    You are enjoined to read all the information contained in this document as the Site will not assume liability for any failure to do so.

     

    1. Money Marketeers Services

    Money Marketeers offers an opportunity/avenue for sale through an online Store supported by Shopify. When you purchase one of our products and services you will be allowed to benefit from them. Money Marketeers as an intermediary of Shopify will build a tailored e-store . Money Marketeers will manage the Store until the Delivery.

    Thus, you acknowledge that Money Marketeers will manage your data in order to create a Shopify Store.

    We only sell Shopify stores as an intermediary with additional services as provider search, product and market analysis, mentorship, dropshipping and logo designing.

    We are not a financial institution and so the amount paid for a Seller for one of our products and services might be held by a third party institution for the purpose of transparency.

     

    1. Use of the Site

    You may access into our Site and download the material contained in it with non-commercial, legitimate and personal purposes, pertaining to Money Marketeers or its respective owners all the intellectual and industrial property rights and any other rights on the materials.

     Any other use shall be prohibited, as well as any copy of the material and information (whether electronic copy, printed or in any other format or support) and could imply the infringement of intellectual property laws and others which are applicable. Any commercial use of all or part of this Site is prohibited, except with the previous authorization by Money Marketeers in writing.

    You shall not be able to use software tools, including among other concepts, web spiders, bots, indexers, robots, crawlers, harvesters or any other device, program, algorithm or automatic methodology, or similar or equivalent manual processes (“Tools”) with the purpose of accessing, acquiring, copying or controlling any part of the Site or of its contents, or to reproduce in any way or bypass the navigation structure, the presentation of the Site or any contents, to obtain or try to obtain materials, documents or information through any means intentionally not offered in the Site.

     

    1. Entrance onto this Site

    This Site may be accessed from any country and may contain references to products or services not available in all the countries. The references made to a specific product or service does not mean that they are appropriate or that they are at the disposal of all persons of legal age with the capacity to buy in all the countries as a Seller, nor that Money Marketeers intends that the said products or services are available in the said countries. The offers of any product, function, service or information contained in this Site shall be void if they are prohibited.

     

    1. Shopify Implications on our Services

     

    1. Money Marketeers Role

    As we above mentioned, Money Marketeers acts an intermediary of Shopify in order to design and build Stores to our clients, which are the future Sellers.

    It is important to remark that Shopify Terms and Conditions are accepted within the acceptance of these Terms, in order to use the Store.

    The length of time by which you may use the Store depends on the amount paid through the purchase link.

    Therefore, continuous violations of any of these Terms or Shopify Terms and Conditions will result in disciplinary measure which may include but (are not limited to) ban, suspension or closure of your Shopify store by Shopify Inc. And other measures that the we may deem fit with time.

     

    1. Right to Refuse Service

    You may not engage in sale of illegal products or items. You agree that If we discover that you try to participate in illegal selling of products during the Store built, you may forfeit your Shopify purchase fee and (or) be banned of the using of the Store. We reserve the right to contact Shopify in order to suspend or limit access to your Shopify store or cancel the services if:

    1. You have acted or are acting in breach of any of the terms contained in this document.
    2. We believe that there is a high level of risk of the infringement of the law associated with your use of the Store.
    3. You engage in any illegal activity in contradiction with the laws of the country in which you reside or the Spanish Law.
    4. We are required to do so by law enforcement agencies.

     

     

    1. Seller’s Minimum Age

    You must be 18 years or older to register as a Seller or place orders on the Money Marketeers website; Nevertheless, a minimum age might be different depending on the Seller’s country legislation; refunds for this service is not guaranteed.

     

    1. Necessary Information from the Seller

    You are obligated to provide all accurate information which includes your full legal name, a valid phone number, your current address, a valid email address, and any other information which Money Marketeers may consider important to confirm your identity such as: Tax Identification number or company name.

    Money Marketeers keeps the right of cancel any account which does not meet these conditions or that provides false information.

    You acknowledge that Money Marketeers is going to use the email address you provide as the principal method of communication.

     

    1. Price

    Prices on the Site include taxes, and they are current at any given time.

    The Prices advertised by Money Marketeers on the Site shall be modified, at any moment. Nevertheless, the Prices paid by the Sellers will not be changed without the willingness of both parties, this is, Money Marketeers and the Seller.

    The Price paid for the purchase of your Shopify store and the designing and building of it as well are other services provided by us are not an investment. Therefore, there is not  any return on investment on such amounts or any other amount that may be requested by us in the future.

    Sellers may use, as the means of payment, VISA or Mastercard debit or credit cards.

    To do so, during the payment process will have to enter the details of the card selected for payment. Money Marketeers has contracted third-party companies to ensure the security of Internet transactions. All the data furnished for this purpose are encrypted to guarantee the maximum security thereof.

    Money Marketeers may not be held liable for a lack of veracity of the data included when placing an order by the Seller or especially for the damages that may be caused to third parties due to the unlawful use of a means of payment by a Seller.

     

    1. Liability of Users and Sellers

    You undertake to use the Site in conformity with the purposes allowed by Law, the agreed conditions, if appropriate, morals, generally accepted good habits and public order. In particular and by way of illustration, Users and/or Sellers (when applicable) undertake not to provide or publish information that in any way:

     

    • You may not use the services provided by the Money Marketeer for any illegal purpose. Violates, undermines or infringes human rights and public freedoms recognized in the Spanish Constitution, in international treaties and in the rest of the legal system.

     

    • Money Marketeers will be exempted from any liability accrued from the use of the website to violate any laws in your jurisdiction, including patent, trademarks, designs or copyright.

     

    • Induces, incites or promotes criminal, denigratory, defamatory, violent actions, or in general acts against the law, morals, good habits and public order.

     

    • Induces, incites or promotes discriminatory acts, attitudes or ideas by reason of sex, race, religion, beliefs, age or condition.

     

    • Is false, ambiguous, inaccurate, extemporaneous or that otherwise may mislead in relation to its object or regarding the intention or purpose of Money Marketeers.

     

    • Infringes companies’ secrets or the confidentiality agreed with third parties; and/or

     

    • Goes against intellectual or industrial property pertaining to third parties.

     

    • That constitutes illicit or misleading advertising or unfair competition.

     

    The Sellers and/or Users undertakes to defend, indemnify and hold harmless Money Marketeers regarding any claim, damages, costs, expenses, including reasonable legal fees resulting or related to infringement of these Terms.

    Money Marketeers declines all responsibility arising from immediately after the Delivery regarding to the care, maintenance, building, designing, marketing of the Store or sales performance by the Sellers to their final clients. We provide you services including the selling of the Store to you as long as you assume all the responsibility and care in respect of the use of the Store since the Delivery.

    The selling of the Store forms part of the provision of services. Refund in this service is not possible.

     

    1. Money Marketeers Liability

    Money Marketeers does not assume liability for any damages of any kind that could arise from outside of its scope of action.

    Moreover, it does not guarantee that Users and/or Sellers will be able to use the Site and the Shopify Store in accordance with the law, and does not assume any responsibility for damages of any kind due to incidents or interruptions in the normal operation of its system, which are beyond its control, and in particular, although not exclusively, for those that may be due to incidents or interruptions in the normal operation of the connection to the networks or due to technical causes, or for any type of virus or other element that may produce alterations in the computer system, nor for the damages that these may cause to the hardware or software of the Users or Sellers.

    We are not responsible for its upkeep and management of the Store provided after the Delivery. Money Marketeers will not be liable of any fail of the Store system as stated above. Money Marketeers is not responsible for the efficient operation of the Shopify Store, as it is a platform develop by outside parties.

    Money Marketeers refuses liability for any issues that might arise from helping you suggest a niche for your store especially if you do not take the decision, for whatever reason. Examples of such issues that might occur includes (but are not limited to): not exact niche or vague classification.

    Money Marketeers doesn’t guarantee sales or give any false hope on selection of niche by us. We do not guarantee the best outcome on this choice.

     

    1. Confidentiality

    Money Marketeers guarantee that, all the information you provide will be kept in confidentiality and will not be used for other purposes other than that which has been mentioned in the ‘Terms'.

     

    1. Policy on Links

    For your convenience this Site may offer you links to other sites operated by third parties. Each web site accessed through a link shall have its own terms and conditions of use, in conformity with that described in the legal warning or in the said terms and conditions. The said terms and conditions are different from these Terms, and therefore we request you to read them carefully before accessing the said site. Money Marketeers does not exercise any control, does not assume any liability in relation to the availability, contents or security of these external sites, nor of your experience when interacting or using them. Money Marketeers does not guarantee the contents, the products or the services offered in the said sites. If you access the said sites through a link, you will be doing it on your own account and risk.

     

    1. Modification and Updating of the Site and its Contents

    Money Marketeers reserves the right to modify its products and services, the systematization of the data provided, and the technical features of access and transfer. Any modification shall be published in this Site and put at the disposal of all Users.

    If a Court or competent administrative body establishes that any of the provisions of these Terms are invalid, illegal, void or voidable, it shall be eliminated from the conditions of the contract and shall not affect the rest of clauses contained in the same. The rest of provisions of the conditions shall remain in force in all its terms.

     

    1. Indemnification

    You agree to indemnify and hold harmless Money Marketeers, from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our services, including but not limited to your violation of these Terms or any agreement with a provider of third-party services used in connection with the services, content that you post, and any ecommerce activities conducted through your Shopify store.

     

    1. Intellectual Property & other Rights

    These Terms do not allow to use intellectual property rights of Money Marketeers or third party’s intellectual property, and all right, title, and interest in and to such property will remain solely with Money Marketeers or third parties, for instance: Money Marketer’s logo.

    Nevertheless, logos, and all other trademarks, graphics elaborated and designed by Money Marketeers for the Seller’s store will be used without limitation of time or space by the Seller.

    The Store ownership (Seller) will be held by the person who is authorized by Shopify with the corresponding account that Shopify provides to the Seller in connection with the service. Thus, the Seller will be the owner of the Store if all their obligations have been fulfilled.

    Finally, all the logos and content created by the Seller and uploaded to its Store will be property of the Seller.

     

    1. Resolution of the Terms, Cancel of Services

    Money Marketeers shall be entitled to end this contractual relationship whether:

    • The Seller does not pay the Price within the following 15 calendar days after Money Marketeers has confirmed that the payment of the Price has not been completed. Money Marketeers shall report the absence of payment to the Seller as soon as it becomes aware of these circumstances.
    • The Seller does not provide all the materials and information needed to create the Shopify store as well as any other information or documents requested by Money Marketeers in order to render the services.
    • The Seller does not comply with neither these Terms or the Spanish legislation or any other relevant legislation applicable where the Seller resides or the Terms & Conditions of Shopify.
    • Shopify canceles the Seller’s account according to their Terms & Conditions.

     

    1. Password and Account

    You are responsible for the safe keeping of your passwords and any kind the information that are confidential and are used on ‘the Site' once they are provided. You are allowed to adjust or change them at will. Money Marketeer will not be responsible for any damage caused on the website or to your Shopify store facilitated by the loss of your account or login information.

     

    1. Non-Target-Based Services

    The Money Marketeers services do not guarantee any results for Sellers. Results includes (but are not limited to) sales, marketing or customers.

     

    1. Interferences of Money Marketeers

    You are allowed to conduct your sales without the interference of the leadership of the Money Marketeers except on suspicion of illegality and (or) routine check-ups.

     

    1. Team’s Support

    The Money Marketeers team will be in the position to respond, guide and help you on the process to construct the store till the moment of Delivery.

     

    1. Disputes and Governing Law

    The parties subject themselves, at their choice, for the resolution of conflicts, waiving any other jurisdiction, to the Courts of the city of Madrid, Spain. The Spanish Law shall apply in these Terms, with the exception of other applicable mandatory law.

     

    I agree that I have read the above information and agree to be bound by all ‘the Terms’ and Shopify Terms & Conditions and Privacy Policy contained or linked to, in this piece for the use of ‘the Site' and/or provision of services