General Conditions of Use and Contracting
These General Conditions of Use and Contracting (hereinafter the “General Conditions”) apply, alongside the Privacy and Cookies Policy, to the access and utilization made by the User of the Website www.marketgoo.com (hereinafter the “Website”) as well as to the purchase of products and services through it.
By accepting the General Conditions, the User states:
- That he has read and understood its contents.
- That is a person with sufficient capacity to contract.
- That assumes all obligations set forth herein.
The use of this Website attributes the condition of user of the Website (hereinafter, the “User”) and implies the acceptance of all the terms contained in these General Conditions. The User must read carefully these General Conditions every time he intends to access the Website, hence the Website and these General Conditions are subject to amendments. If these General Conditions are not accepted, the User has to leave the Website immediately.
The Website owner reserves the right to make, at any time and without prior notice, any changes or updates on the contents and services; on the General Conditions and, in general, on those elements making up the design and setting of the Website. Said changes may be published in the same was as these General Conditions appear, or through a communication addressed to the User.
The modification of these General Conditions shall not affect the products, services or promotions hired previously.
In compliance with the applicable regulations, we hereby provide general information about the Website:
Business name: MarketGoo Internet, SL (hereinafter, MarketGoo)
VAT no.: B-83903583
Address: Camino de Malatones, 63 – 28110 Algete, Madrid
Contact e-mail: [email protected]
EU Tel.: +34 91 843 72 40
USA Tel.: +1 (786) 272-1544
Company registry details: Volume: 19819 Book: 0 Sheet: 81 Section: 8 Sheet: M-349059 Registration: 1 Date: 03/04/2004
2.1. Website Access
Access to the Website is free except for the cost of connection through the telecommunications network supplied by the service provider contracted by the User.
2.2. Need of registration
In general terms, User registration is not required for the access to the services and contents of the Website. However, the use of certain services and content may be subject to prior registration.
The data entered by the user must be accurate, current and truthful. The Registered User shall be responsible at all times for protection of its password, undertaking any damages arising from its misuse, as well as its assignment, disclosure or loss of it. For these purposes, access to restricted areas and / or use of content and services conducted under the password of a Registered User shall be deemed made by such Registered User, who shall be responsible at all times for such an access and use.
2.3. Rules for the use of the Website
Access to the Website by minors is prohibited. When applicable, it will be presumed that access has been made with prior and express authorization of parents, guardians or legal representatives of the minor.
The User agrees to use the Website and all of its contents and services as provided by law, morality, public order and the hereby General Conditions. Likewise, the User undertakes to make appropriate use of services and / or contents of the Website and not to use it for illegal or criminal purposes, which infringe the rights of others and / or violate the regulations on intellectual property, or any other applicable legal standards.
The User agrees not to transmit, insert, disseminate or make available to third parties any material and information (data, content, messages, pictures, audio and video files, photographs, software, etc.) that are not in accordance with law, morality, public order and these General Conditions. The User agrees to (including but not limited to):
- Not to insert or disseminate either content or advertisements with a racist, xenophobic or pornographic character, justifying terrorism or that threaten the human rights.
- Not to introduce or disseminate on the network data programs (viruses and harmful software) susceptible to cause damage to access provider computing systems, its suppliers or third Users of the Internet.
- Not to disseminate, transmit or make available to third parties any information, content or element undermining fundamental rights and public freedoms recognized by the Constitution and international treaties.
- Not to disseminate, transmit or make available to third parties any information, content or element considered as unlawful or unfair advertising.
- Not to disseminate unsolicited or unauthorized advertising, promotional materials, “spam mail”, “chain mails”, “pyramidal structures”, or any other form of request, except in those areas (such as commercial areas) expressly designed for these purposes.
- Not to insert or disseminate any kind of information with false, ambiguous or inaccurate content pursuing to mislead the recipients of the information.
- Not to supplant other Users by making use of their usernames for the different services and / or contents of the Website.
- Not to disseminate, transmit or make available to third parties any information, content or element involving a violation of the intellectual and industrial property rights that may correspond to the owners of the Website or any other third party.
- Not to disseminate, transmit or make available to third parties any information, content or element involving a violation of the secrecy of communications and the personal data regulations.
The User agrees to indemnify MarketGoo in case of any possible claim, fine or penalty that MarketGoo is obliged to bear as a result of the breach by the User of any of the aforementioned rules for the use of the Website, reserving the right to claim compensation for damages and losses as appropriate. Also, MarketGoo reserves the right to prevent access to the Website to users who fail to comply with the General Conditions.
MarketGoo cannot guarantee and, therefore, is not responsible for:
- The continuity of the contents of the Website;
- The absence of errors in said contents;
- The invulnerability of the Website and / or the impossibility of violating the security measures adopted on it;
- The lack of usefulness or performance of the contents of the Website;
- Damages caused by any person who infringes these General Conditions and any other instructions and rules that MarketGoo established for the Website or through the violation of the security systems of the Website;
- Damages caused to the software and hardware of the Users or third parties during the use of services offered on the Website.
- Damages caused to the User as a result of failure or disconnection of telecommunications networks that produce the suspension, cancellation or discontinuance of the Website service while providing the same or in an earlier stage.
MarketGoo undertakes no responsibility for updating this Website to keep information current. Likewise, MarketGoo does not warrant that the information published is accurate or complete. Therefore, the User must confirm that the information published is accurate and complete before taking any decision related to any services or contents described in this Website.
User access to the Website does not imply for MarketGoo the obligation to supervise the absence of viruses, worms or any other malicious software. The User shall be responsible, in any case, for having adequate tools for the detection and disinfection of harmful computing programs.
Notwithstanding the above, MarketGoo has adopted all the necessary measures, within the state of the art, to guarantee the functioning of the Website and minimize or mitigate the errors of the system. Both from the technical point of view and the contents published therein.
2.5. Contents and services linked through the Website
Service access to the Website includes technical linking devices, directories and even search tools that allow the User to access other websites and online portals (hereinafter “Linked Sites”). In these cases, MarketGoo shall only be responsible for the contents and services supplied on the Linked Sites to the extent that it is fully aware of the illegality and has not deactivated the link with due diligence. In the event that the User firmly believes that a Linked Site is unlawful of hosts inappropriate content shall be entitled to report to MarketGoo, but under no circumstances such a report shall entail an obligation to remove the corresponding link.
In no case, the existence of Linked Site shall presuppose the entrance into any agreement with the responsible or owner of those Linked Sites or the recommendation, promotion or identification of MarketGoo with representations, contents or the services provided.
MarketGoo is unaware of the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and / or services of the Linked Sites or by any other damage that is not directly attributable to MarketGoo.
2.6. Intellectual and industrial property
All contents of the Website, including but not limited to, text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes are owned by MarketGoo or third parties, without being transferred to the User any of the rights recognized by the current legislation on intellectual property.
The trademarks, trade names or logos are owned either by MarketGoo or third parties without being understood that access to the Website assigns any right on them. Except as expressly agreed in writing by the owner, it is expressly prohibited to use or reproduce the contents herein.
2.7. Personal Data Protection
3. Contracting Terms
3.1. Pre-contractual information
The information regarding the products and services that can be contracted through the Website shall be available by means of the following links: https://www.marketgoo.com/features or https://www.marketgoo.com/es/.
User agrees that, as part of the technology offered with the contracted services through the Website, his website is crawled daily (“crawling”) to analyze data that enable service delivery by MarketGoo.
3.2. Purchasing procedure
The procedure for purchasing products through the Website, is outlined as follows:
From the Homepage, the User must click on the link “Sign Up” or on an icon of a shopping cart to get the process started.
Next the product shall be detailed and access to the hereby General Conditions shall consequently be offered. User shall then click on “Subscribe” before moving on to FastSpring payment gateway which is the company that shall issue the invoice of the services and which is hosted on the following domain http://sites.fastspring.com/marketgoo.
Once on Fastspring payment gateway, User shall be required to insert his invoicing data and then select what means of payment shall be using. VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVERY credit cards are accepted as means of payment as well as PayPal. To use a credit card through a virtual TPV, buyer shall be required to fill in a form indicating the card holder name, card operator, expiration date and security code.
Confirmation of receipt of acceptance: Once the purchasing process is over, the User shall, at the designated email address on the registration form, receive a communication specifying the characteristics of the product, price, date of contract and order number.
The purchase of the product is based on a monthly subscription basis. Thus, the fee shall be considered as a monthly subscription from date to date being renewed automatically in the same date of the following month.
At all times, the User shall be granted access to the information regarding the payments effected, invoicing period and subscription renewal dates. Likewise, User shall be allowed to deactivate the automatic renewal of the subscription. This cancellation must be carried out by the User. Subscriptions have a 5 days full refund policy.
3.4. Price and term of the offer.
The prices shown for each product does not include, unless expressly indicated, the Value Added Tax (VAT) or other taxes that may be applicable. Likewise, the prices shall be in any event expressed in Euro (€) and USD ($).
Prices applicable to each product shall be released on the Website and then be automatically determined by the contracting process at it last stage. In case of discrepancy between prices posted on the Website and finally applied in the last stage of the purchasing process, the latter shall prevail. The User accepts that the economic valuation of some products may vary on real time. In any case this fact shall always be notified in advance to the User.
For any information regarding the order, the following MarketGoo phone number is made available to the User: +34 918 437 240, as well as the e-mail [email protected] In any case, User shall be required to indicate the order number and the email confirmation of the purchase.
3.5. Completion of Subscription.
The User may terminate the automatic renewal of the subscription to the product through the personal area, preventing automatic renewal from happening in the following month. Thus, subscription to the product shall terminate on the subscription expiration date. In any event, User shall be required to deactivate the subscription at least one (1) day before the automatic renewal.
Once disabled the renewal of the subscription, the User may continue to use the product until the subscription expiration date.
4. Void and severability of the clauses
If any clause in these General Conditions were declared totally or partially invalid or unenforceable, such invalidity or unenforceability shall only affect the specific provision or, subsisting the remaining General Conditions. The invalid or unenforceable provision shall be understood as not included.
5. Applicable law and jurisdiction
These General Conditions are governed by and construed in accordance with Spanish legislation. MarketGoo and the User agree to submit any dispute that may arise from the provision of goods or services covered by these General Conditions to the Courts of the city of Madrid, Spain, unless otherwise stated by the law.
In the event that any provision of these General Conditions is declared void or unenforceable, wholly or partly, by any Court or other competent administrative body, such nullity or non-application shall not affect the rest.
The non-exercise or non-execution by MarketGoo of any right or provision contained in these General Conditions shall not constitute a waiver thereof, unless acknowledgment and agreement in writing by MarketGoo.
Any action or claim related to the use of the Website may be filed by sending and electronic or post mail to the addresses indicated in the “Identification” section of these General Conditions. In any case, we commit ourselves to seek at all times a friendly solution to the conflict.
Last updated: July 2018