The following terms and conditions (the “Agreement”) govern all use of the magentoeasy.net website (the “Site”) and the products (the “Product”) and services (the “Service”) available on the site or/and available through Magento’s application marketplace called ‘Magento Connect’ which can be accessed through http://www.magentocommerce.com/magento-connect (“Magento Connect”). In this “Agreement”, “You” or “Your” means the person accepting this “Agreement” and the company (if any) on whose behalf he/she is acting, and “We,” “Us,” “Our,” or “Company” means MagentoEasy.
Our “Service” is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized software reproduction, any code amendment, code customization or distribution of the software, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under English law.
Privacy and Cookies
“You” agree that there is no requirement to translate all or any portion of “Service”, “Product” or “Site” into any other language than the ones in which it appears. “You” further agree that all contractual and transactional communications between “You” and “Us” shall be in the English language, and that there is no requirement to translate any communication into any other language.
Governing Law and Jurisdiction
This “Agreement” will be construed in accordance with and governed by the laws of Country of Spain. Any legal action or proceeding relating to access to, or use of, the “Service”, the “Site”, the “Product” is subject to the exclusive jurisdiction of Spain.
By using or accessing any part of the “Service”, “You” agree that “You” are at least eighteen (18) years old and have read, have understood, and have agreed to be bound by all of these terms and conditions. If “You” do not agree to all of these terms and conditions, “You” must not use or access “Service”, “Product” or “Site”. If “You” are entering into this “Agreement” on behalf of a company, “You” represent that “You” have the authority to bind that company to the terms of this “Agreement”.
“We” reserve the right, in “Our” sole discretion, to modify or replace any of the terms or conditions of this “Agreement” at any time. “Your” continued use of the “Service” following the posting of any changes to this “Agreement” constitutes “Your” acceptance of those changes and “You” are responsible for reviewing those terms as “We” notify “You” about them. Some products or services that become available at the “Site” or via “Service” may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with this “Agreement”, those additional terms and conditions will control.
“We” reserve the right to modify or terminate the “Service” for any reason, without any notice and at any time. “We” reserve the right to refuse “Service” to anyone for any reason at any time.
“You” will not (nor permit anyone else to, directly or indirectly):
modify or create derivatives of any part of the “Service”
rent, lease, or use the “Service” for timesharing or service bureau purposes, or otherwise use the “Service” for any commercial purpose
remove or obscure any proprietary notices on the “Service”. “Company” (and not “You”!) owns all titles, ownership rights, and intellectual property rights in and to the “Service”, and any copies or portions thereof
probe, scan or test the vulnerability of the “Service” or any network connected to the “Service”, and “You” will not breach the security or authentication measures on the “Service” or any network connected to the “Service”
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the “Service” or “Company’s” systems or networks, or any systems or networks connected to the “Service” or to “Company”.
Disclaimer of Warranties
You expressly understand and agree that:
“Your” use of the “Service” is at your sole risk. The “Service” is provided on an “as is” and “as available” basis. The “Company” and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The “Company” makes no warranty that:
the “Service” will meet your requirements or expectations
that “Your” access to or use of the “Service” will be uninterrupted, timely, secure or error free
that any defects in the “Service” will be corrected, or
that the “Service” or any server through which “You” access the “Service” is free of viruses or other harmful components.
“You” understand that in using the “Service”, sensitive information will travel through third party infrastructures which are not under “Our” control (such as third party servers). “We” make no warranty with respect to the security of such third party infrastructures.
Any material downloaded or otherwise obtained through the use of the “Service”, “Site”, “Product” is accessed at “Your” own discretion and risk, and “You” will be solely responsible for any damage to “Your” computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by “You” from the “Company” or through or from the “Service” shall create any warranty not expressly stated in this terms of service.
Limitation of Liability
“You” expressly understand and agree that the “Company” and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from:
the use or the inability to use the “Service”;
the cost of procurement of substitute goods and service resulting from any goods, data, information or service purchased or obtained or messages received or transactions entered into through or from the “Service”;
unauthorized access to or alteration of “Your” transmissions or data;
statements or conduct of any third party on the “Service”;
any other matter relating to the “Service”.
Except for the indemnification obligations of the parties set out herein, to the fullest extent permitted by applicable law, under no circumstances shall either party be liable to the other party on account of any claim (whether based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, the failure of any limited remedy to achieve its essential purpose, or otherwise) for any special, consequential, incidental, or exemplary damages, including but not limited to lost profits, even if a party has been advised of the possibility of such damages. Except for the indemnification and confidentiality obligations of the parties set out herein, in no event shall either party’s liability exceed an amount equal to the fees paid by licensee under this agreement. If “You” are dissatisfied with the software “Your” sole and exclusive remedy is to discontinue use of the “Software”.
Modification to the Service and Prices
The “Company” may change, suspend, or discontinue all or any part of the “Service” at any time, with or without reason. “You” acknowledge that the operation of the “Service” may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and “We” shall not be responsible to “You” or others for any such interruptions, errors or problems or an outright discontinuance of the “Service”. Prices for using “Service” are subject to change upon 14 calendar days’ notice from the “Company”. Such notice may be provided at any time by posting the changes to the “Site” or by the announcement via email.
The Subscription Term is either a period of one year for an annual subscription, or a period of 30 calendar days (“one month”) for a “monthly” subscription. During the Subscription Term the Registered User receives permission to use the “Service” and the payment of the Subscription Fee is required.
The Subscription Fee is based upon the Subscription Plan that the Registered User has chosen. Fees for annual subscriptions are to be paid in advance, on a per year basis. Annual subscriptions are renewed automatically. All changes to annual subscriptions (i.e. cancellation, switch to a monthly payment plan, upgrade, downgrade) must be requested by email no later than 45 calendar days of the annual subscription expiry date. Fees for “monthly” (30 calendar days period) subscriptions are to be paid on a per month basis. Subscription fees regardless if these are yearly or monthly,- are non-refundable. Monthly “Service” recipient can upgrade or downgrade a subscription plan at any time. Any changes made to a “monthly” subscription plan (be it a downgrade or an upgrade) will be reflected starting from the next billing period. When a user exceeds agreed monthly/annual allowance, – a variable fee is payable in addition to a fixed fee. It is a sole user’s responsibility to ensure that chosen subscription level accurately reflects the actual service usage. M2E Pro fees are referenced to total sales through eBay and Amazon accounts connected to M2E Pro. Customers who opt to use M2E Pro as an additional tool are doing so at their own discretion and are liable to pay their fees in full.
The “Service” is made available through a several subscription plans. The “Company” retains the right to change subscription plans at any time by publishing the new pricing structure to the “Site” and notifying existing “Service” recipients by email. “Service” recipient will then get the option to accept the new subscription plan, or “Service” recipient has the right not to accept the new subscription plan in which case the “Service” for such recipient will get terminated after 30 calendar days following the new subscription plan announcement.
A “service” recipient may terminate “subscription” by giving the “Company” a termination notice. To serve the termination notice, the recipient should email that request to the administrator of the website. Once the cancellation has been initiated, the “service” recipient should receive a “cancellation request” confirmation email.
The “Company” requires a “subscriber” to complete “the full” billing cycle and pay all outstanding invoices before “service” is disconnected. For monthly subscription plans, “the full” billing cycle is defined as 30 calendar days, for annual subscriptions, it is 365 calendar days.
Automated Subscription Cancellation
The “Company” collects monthly fees by using automated billing system. Once a billing period has been completed, payment is taken automatically. If for some reason, a subscription payment has not been received, – our system will make 4 additional attempts over the period of 5 calendar days. If all attempts are unsuccessful, the subscription will be automatically terminated. The “Company” may charge an administration fee for a subscription re-activation. Avoidance of paying subscription fees for the service used may result in a legal action.