Mountguru Terms of ServiceIMPORTANT -- READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE MOUNTGURU SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Mountguru is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. Mountguru has no control over and does not guarantee the quality, safety or legality of the items advertised.
ACCEPTANCE OF TERMS
These Terms of Service are a legal agreement between You and Mountguru. "You" refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If you are accessing the Service on behalf of your employer, you represent and warrant that you have the authority to agree to these Terms of Service on its behalf. "Mountguru" refers to any service of Mountguru. If you do not agree with the terms of this Agreement, do not use the Service. Mountguru reserves the right to update and change the Agreement from time to time. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. These Terms of Service shall be governed by and interpreted in accordance with the laws of the Netherlands applicable therein, without regard to principles of conflicts of laws.
Which means: You will be bound to these Terms of Service by using the Mountguru Service. The person signing up for the Mountguru Service is responsible for the account and is bound by these Terms of Service. Signing up on behalf of your employer will also bound your employer (and you) by our Terms of Service. The Terms of this agreement will be in accordance with Dutch laws.
In order to use the Service in its entirety, You must have a valid Account. You can purchase products or services without creating an account, but You will still be bound to these Terms of Service. To acquire an account for the Service, You represent and warrant that (a) all of the information provided by You to Mountguru to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into these Terms of Service and to perform the acts required of You hereunder. You are responsible for maintaining the confidentiality of the access data for your account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Mountguru of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mountguru cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Mountguru assumes no duty to verify such information. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mountguru has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mountguru has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service (and registering an account on the Service), you represent and warrant that you are at least 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. Mountguru may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation. You acknowledge that Stripe and Mollie will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts.
You are responsible for deactivating your Account, by sending an e-mail to email@example.com , after receiving your e-mail, Mountguru will do it’s best effort to remove your Account.
Which means: You will be bound to these Terms of Service by using the Mountguru Service.You must provide us with true and accurate information when singing up for an Account, also you warrant that you have the right and authority to accept these terms. We can delete your Account if you violate these Terms. We use Stripe and Mollie as payment methods.
MOUNTGURU RIGHTS/GENERAL CONDITIONS
You acknowledge and agree that Mountguru has the right to amend these Terms of Service at any time by posting the amended terms on www.mountguru.com at least 30 days before the effective date of the amendments. You will receive a notification by email. If you do not agree to these amended terms, you may deactivate your account within the 30 day period and you will not be bound to these terms.
TERMINATION, BREACH, SUSPENSION AND CANCELLATION
Mountguru may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate/disable Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any Content (including Your User Content) contained in Your Account. Mountguru may, but has no obligation to, remove WebStores and/or the WebStore Content and Accounts of the WebStore owners. Mountguru reserves the right to refuse service to anyone for any reason at any time. In the event of termination, Mountguru may also withdraw and at its discretion reallocate the public web address of Your Account.
MODIFICATIONS TO THE SERVICE
Mountguru reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Mountguru shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
Which means: We can modify, cancel or refuse these Terms of Service, the service and your Account at anytime.
INTELLECTUAL PROPERTY RIGHTS
Mountguru does not claim any intellectual property rights over the material you provide to the Mountguru Service. All your uploaded material remains yours, and you can remove your Mountguru WebStore at any time by deleting your Account. Mountguru will not disclose your confidential information to third parties, except as required in the course of providing the Service. Mountguru and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of Mountguru's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service. Mountguru is a Trademark of Mountguru.
Which means: Anything you upload remains yours and your responsibility. Mountguru is our Trademark and you may not infringe the Mountguru or its suppliers trademark/copyrights.
Buyers acknowledge that they buy products/services from WebStores and not from Mountguru, Buyers must contact the WebStores and not Mountguru, when they have questions or complaints or seek information about the products/services, Refund policy,
Which means: A buyer is someone with or without Account, that buys products/services from WebStores on Mountguru. You buy your products or services from WebStores not from Mountguru, for information about your order(s) you have to go to the terms of the WebStores.
WebStores are the online sellers in Mountguru. They create an online store within a category of Mountguru. The WebStore owners are a third party and under no circumstances shall Mountguru be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and WebStores.
In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Mountguru’s partners or other third parties such as WebStores.
Which means: WebStores are the traders on Mountguru. They are responsible for their products/services, not Mountguru.
Mountguru Experts (GURU’s)
GURU’s are online admins of a category in Mountguru, who provide third parties a WebStore service within their category in Mountguru. The GURU’s can help WebStores to build and operate their shops in their category within Mountguru. Mountguru does not employ GURU’S and is in no way affiliated with the GURU’s. Mountguru does not endorse GURU’s and takes no responsibility for any work performed by GURU’s or failure to fulfill a work order.Under no circumstances shall Mountguru be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and GURU’s. These limitations shall apply even if Mountguru has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Which means: Guru’s are the admins of a category in Mountguru. They are not employees of Mountguru and Mountguru is not liable for anything that a Guru does.
Mountguru does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. However, by uploading any User Content to the Service, You agree that Mountguru may store and display (only to You, to the extent that You make such User Content private) Your User Content solely as necessary in connection with the Service.You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not Mountguru, are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via Your Account. Mountguru does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
Users (GURU’s, WebStores and Buyers) of the Mountguru service, may not duplicate any content and or post unnecessary content. Users must verify if their products/services meet up to the requirements of the jurisdiction in their country and in the countries they sell/provide their products/services. Users will not buy, export, re-export, divert, transfer or disclose any portion of their products/services or any related information or materials, directly or indirectly, in violation of any applicable export law or regulation. Users will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Mountguru. Mountguru has no liability to verify and check if those requirements are being lived up to.
Users will not upload any content that is offensive, indecent or objectionable, Mountguru may delete those contents. If continued, Mountguru will undertake sanctions to prevent it from happening again. Should User Content be found or reported to
be in violation with, but not limited to, the following terms, it will be in Mountguru's sole discretion as to what action should be taken.
Which means: You are responsible for your uploaded content. You have the obligation to check if your activities are in accordance with the applicable laws. Don’t use Mountguru for anything illegal or transmit any harmful code. Again Mountguru is not responsible for violations of any of the users.
You will not upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable.
specifically, users agree that they will not:
Which means: Don’t harm the Mountguru service, or users in any way. And don’t do anything illegal.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Mountguru has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that Mountguru may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Mountguru retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to terminate or deactivate accounts of users who are inactive for an extended period of time.
Which means: Mountguru has the right to modify the service, and add a limits on use or storage.
CONTENT OF THE SERVICE.
You understand that by using the Service, You may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Mountguru be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. Mountguru has no obligation to monitor such third-party Content. Mountguru reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms of Service. Mountguru also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Mountguru, its users and the public. Mountguru will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. If Mountguru discloses such information to satisfy any applicable law, regulation, legal process or governmental request or to respond to user support requests, to the extent permitted by law, regulation or legal process, Mountguru agrees to provide You with prompt notice of any such demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.
Which means: Mountguru will remove harmful content but is not obliged to do so. Mountguru is not responsible for any harmful content from third parties.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from The Netherlands or the country in which You reside.
You agree to indemnify, defend and hold harmless Mountguru, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other right of any person or entity.
Which means: We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
LIMITATION OF LIABILITY
In no event will Mountguru or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Mountguru, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Mountguru does not warrant that the Service will be uninterrupted, timely, secure, or error-free. Mountguru does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Mountguru does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Which means: Service is “as is” so it may have errors or interruptions and we provide no warranties.
WAIVER AND SEVERABILITY
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
Which means: If Mountguru chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Mountguru don't apply if they conflict with these terms.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Mountguru services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed under the laws of the Netherlands, NL, as applied to agreements entered into and to be performed in The Netherlands by Dutch residents. The parties consent to the exclusive jurisdiction and venue of the courts located in the City of Utrecht, in the Netherlands, NL.
Which means: If a dispute arises the issue will be dealt with in the Province of Utrecht, Netherlands. The agreement is subject to the Dutch laws.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Mountguru Software is intended or created by these Terms of Service.
ENTIRE AGREEMENT/GENERAL PROVISIONS
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Mountguru may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Mountguru upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Mountguru, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to Mountguru under this Agreement must be sent to the following electronic mail address for such purpose:firstname.lastname@example.org
Or the following physical address:
Last revision: feb 20, 2016
AMENDMENT TO Mountguru TERMS OF SERVICE APPLICABLE TO THE NETHERLANDS GOVERNMENT USERS/MEMBERS
If you are a government user or otherwise accessing or using any Mountguru service in a government capacity, this Amendment to Mountguru Terms of Service applies to you.
Which means: In event of a conflict between two versions of this agreement, than the english version of this agreement will be the controlling one. Mountguru’s rights to enforce remedies in case of a breach of this agreement, are cumulative.