Terms & Conditions, Refund Policy, Pricing & Promotion Policy.
Welcome to MoneyFiver.Com.
The following terms of service (these "Terms of Service"), govern your access to and use of the MoneyFiver website, including any content, functionality and services offered on or through www.MoneyFiver.com (the "Site") by MoneyFiver and, with respect to payment processing services for payments made from the U.S. or from anywhere else. MoneyFiver and its subsidiaries are collectively referred hereto as "MoneyFiver" "we" or "us".
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the MoneyFiver services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. MoneyFiver makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Buyers are users who purchase services on MoneyFiver.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Disputes are disagreements experienced during an order between a Buyer and Seller on MoneyFiver.
MoneyFiver Shopping Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.
MoneyFiver Credits are credits that MoneyFiver may provide users to be used only for purchases on MoneyFiver, subject to these Terms of Service or any other applicable laws and/or terms.
Proposal Extras are additional services offered on top of the Seller’s proposal for an additional price defined by the Seller.
Proposal Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.
Proposal Page is where the Seller can describe their proposal and the proposal’s terms, and the Buyer can purchase the Gig and create an order.
Proposal / Proposals are services offered on MoneyFiver.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered proposal.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s proposal Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the MoneyFiver platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with MoneyFiver Shopping Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on MoneyFiver, subject to these Terms.
Sellers are users who offer and perform services through proposals on MoneyFiver.
MoneyFiver is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, MoneyFiver may reward them with new statuses, special opportunities, benefits, and tools that come with it.
MoneyFiver Sellers have access to several exclusive features that help customize the way their services can be offered.
Some of the services on MoneyFiver are delivered physically (arts and crafts, collectable items, etc.). For these types of Proposals, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
carefully to understand how we use your personal information. If you do
not agree with this Policy, your choice is not to use MoneyFiver.com
By accessing or using this Site, you agree to this Policy. This Policy
may change from time to time; any changes we make to this Policy will be
posted on this Site, we may also take any other steps, to the extent
required by applicable law, including notifying you and/or seeking your
explicit consent to material changes. Changes to this Policy are
effective as of the stated "Last Updated" date. Other than where we have
sought such explicit consent from you, your continued use of the Site
after we make changes will constitute acceptance of, and agreement to be
bound by, those changes, so please check the Policy periodically for
any updates or changes.
At MoneyFiver we care about your privacy. We do not sell or rent your personal information to third parties for their direct marketing purposes without your explicit consent. We do not disclose it to others except as disclosed in this Policy or required to provide you with the services of the Site and mobile applications and its related sites, applications, services and goods (collectively, the “Site”), meaning - to allow you to buy, sell, share the information you want to share on the Site; to contribute on the forum; pay for products; post reviews and so on; or where we have a legal obligation to do so.
We collect information that you provide us or voluntarily share with other users, and also some general technical information that is automatically gathered by our systems, such as IP address, browser information and cookies to enable you to have a better user experience and a more personalized browsing experience.
We will not share information that you provide us in the process of the registration - including your contact information - except as described in this Policy.
Information that you choose to publish on the Site (photos, videos, text, music, reviews, deliveries) - is no longer private, just like any information you publish online.
Technical information that is gathered by our systems, or third party systems, automatically may be used for Site operation, optimization, analytics, content promotion and enhancement of user experience. In accordance with applicable local law, we may use your information to contact you - to provide notices related to your activities, or offer you promotions and general updates, but we will not let any other person, including sellers and buyers, contact you, other than through your user profile on the Site.
Your personal information may be stored in systems based around the world, and may be processed by third party service providers acting on our behalf. These providers may be based in countries that do not provide an equivalent level of protection for privacy as that enjoyed in the country in which you live. In that case, we will provide for adequate safeguards to protect your personal information
above are just the highlights. We encourage you to read more about the
information we collect, how we use it, understand the meaning of cookie
(no, you can’t eat it) and more in the long version of our Policy below.
When you register to the Site, or use it as collaborator, and/or register to our affiliate or influencer or similar program, we ask you to provide certain personal information, including a valid email address, facebook or google account log in details and username. We may ask you to provide or otherwise collect additional information that you provide us, such as, your profile details, physical address, telephone number or other contact details, financial information (such as payment method and credit card number), details about other social networks linked accounts, details about your listed gigs, purchases, education, profession and expertise, and additional authentication information (such as your government issued ID, passport, or driving license, as permitted by applicable laws and as detailed in our Seller Help Center. We also collect information about your communications with MoneyFiver as well as communication with other users of MoneyFiver.
In addition, we collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we are aware of your usage of the Site, and gather, collect and record the information relating to such usage, and connection information, browser information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the Site for preventing fraud and inappropriate content or behaviour. We also collect supplemental information obtained from third parties such as demographic and navigation data, if applicable.
you register, your username and additional information regarding your
activity is made public and is visible to all Users of the Site. This
information includes photos you upload, your published portfolio, Gig
information, ratings, and additional information you may choose to add
to your profile.
You directly provide us with most of the information we collect. You do this by filling out the registration details on the Site, linking to your GigToDo account accounts of other social networks (please also see the External Links section below), completing application forms, skill tests and customer surveys (if any) as well as by posting and sharing additional information voluntarily. This can include information about sellers and their proposals, User's location, education and profession, sharing of portfolio, ratings and feedbacks by buyers and anything you choose to add to your user profile.
We also collect information from third party vendors and/or partners and/or other commercially available sources such as data aggregators and public databases , who provide us data to supplement the information we collect about you, in accordance with applicable laws. For example, we may receive fraud warnings from service providers for our fraud prevention and risk assessment efforts.
If you link, connect, or login to your MoneyFiver Account with a third-party service (e.g. Google, Facebook), we receive certain information, such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
can now introduce your friends to MoneyFiver, get them a special discount
for their first purchase and earn shopping credit while you're at it! By
clicking on the “Refer a Friend” button you can refer friends to MoneyFiver
through your email contacts or your contacts on social networks. We
call “Referral” any of your friends who joins MoneyFiver following your
introduction of MoneyFiver to the friend through this referral system. We
call “Referrer” to the user who refers friends using the referral
system. The referral system allows you to share the referral with your
connections via an email message, or post the referral on Twitter,
Facebook, Google plus LinkedIn and personal blogs. You agree to use the
referral system only with personal friends and not publish a referral,
or cause it to be published or distributed, on or via methods, platforms
and media where you have no reasonable basis for believing that all or
most of the readers or recipients are your personal friends (such as
coupon websites, Reddit, Wikipedia).
Each contact you add to the referral system will receive an email notifying them that you referred us to them, inviting them to visit MoneyFiver.com. You are required to obtain consents from your Referrals prior to referring them.
This referral program is open to registered MoneyFiver users only, for a limited time, and we may withdraw or suspend this referral program (in whole or in part) at any time. The requirements and incentives are also subject to change at any time.
First, any one of your Referrals will get a 10% discount* for their first purchase on MoneyFiver (capped at US$100).
In addition, for each Qualifying Purchase made by your Referrals, you, as the Referrer, will receive MoneyFiver Credits in the amount of US$1 or 10% of the Qualifying Purchase amount, whichever is higher (capped at US$100 MoneyFiver Credits per Qualifying Purchase). In total, you can earn up to US$500 MoneyFiver Credits. See our general Terms of Services to learn more about MoneyFiver Credits.
* Such discount may not be used or combined with any other promotion. For orders that are comprised of one or more milestones, the discount will apply to the first milestone only.
A Qualifying Purchase means a successfully delivered and completed Gig(s) purchased by the Referral. A Qualifying Purchase must be made with an external payment method (i.e. not with the Referral's shopping balance).
If your Referral was also referred by another user, you will earn shopping credits only if the Referral registers based on your referral link. If your Referral uses another user's referral link from which they signed up, you will not receive the shopping balance credit.
If you complete a Qualifying Purchase your Referrer will receive the shopping credit to his/her MoneyFiver account and we will notify your Referrer that he/she earned this credit due to your purchases. However, we will not share with the Referrer details about your purchases.
We reserve the right to suspend your account and remove referrals shopping credit entitlement should we notice any activity we determine contrary to the Referral Program terms and conditions or the MoneyFiver Terms of Service by the Referrer and/or Referral. We retain the right to investigate the participation in the Referral Program for any fraudulent activities and take any measures to end them. We reserve the right to amend or suspend this Referral Program at any time without notice.
1.1 Avangate B.V., Avangate Inc. or any of their affiliates (each "Avangate," "We," "Us" or "Our") provides ecommerce solutions for the electronic distribution of software and services, including, without limitation, purchases for licenses of software and digital content, such as download links, license keys, electronic codes, software as a service, subscriptions, eBooks and back-up media products (the "Products"), thereby enabling manufacturers, distributors, owners, software and shareware authors, and others worldwide to sell or license their Products online via Avangate.
2.1 Avangate cannot guarantee that the Products are in stock. Avangate reserves the right to reject Your submission of an order to purchase Products ("Order") at any time and without any liability to Avangate if, in Avangate's sole discretion, it is unable to process or fulfill Your Order. Avangate shall have this right of rejection even if You should receive a notice via the Website that the Order was successfully submitted or completed (or similar language).
2.2 Promptly following any rejection by Avangate of Your Order, Avangate will refund any prior payments that You have made for the Products included in that Order.
2.3 You confirm that all information provided by You when placing an Order is complete, accurate and up-to-date so as to allow Avangate to fulfill Your Order, and You will promptly update such information to keep it complete and accurate. You may update Your information via Avangate myAccount.
2.4 If You provide any information that is untrue, inaccurate, or incomplete, or if Avangate has reason to believe that the information You provided is untrue, inaccurate, or incomplete, Avangate may: (a) suspend or terminate Your account; (b) if permitted by applicable law, use electronic self-help means to terminate Your ability to access the Products; and/or (c) terminate this Agreement.
2.5 You will maintain the confidentiality of Your password, user ID, and other account credentials. You shall immediately notify Avangate of any unauthorized use of Your account credentials, or any other breach of security that is known or suspected by You.
2.6 You consent to the use of electronic communications in transacting business with Avangate, including, without limitation, the electronic delivery of notices and other documents to You. If at any time You would like to cease doing business electronically with Avangate, You will need to provide Avangate with written notice of Your withdrawal of Your consent to do business electronically, which will then terminate this consent. Thereafter, You shall not use this Website to place any Orders, and any notices and documents from Avangate will be provided to You on paper.
3. Price and Payment
3.1 Prices are as specified on the Website; however, Avangate reserves the right to adjust prices in its sole discretion due to increases in costs (including, without limitation, delivery costs or costs of any materials), the increase or imposition of any tax, duty or other levy, any variation in exchange rates, or any programming, data or other errors. Prices for the Products are exclusive of shipping, handling, duties, and taxes, all of which shall be paid by You.
3.2 Prior to Product delivery, Avangate will notify You in writing via email of any price increases (a "Notification Email"). The Notification Email will be sent to You at the email address that We have in Our records for You. By no later than the deadline set forth in the Notification Email, You may cancel Your Order for the Product for which the price was increased (a) via Avangate myAccount or (b) by sending a reply email to the Notification Email. If You do not so cancel Your Order within said deadline, You accept the new prices and conditions for the Product as set forth in the Notification Email.
3.3 You shall make payment for Your Order prior to Product delivery and by one of the methods that are indicated on the Website (or by such other method as may be mutually agreed upon in writing by You and Avangate). When You place Your Order, Avangate will charge the credit or debit card that You provided to Avangate. If You do not pay applicable taxes to Avangate for the Product, You must report and pay any applicable taxes to the appropriate governmental agencies.
3.4 Avangate reserves the right to verify Your credit or debit card payments. In case of any non-payment to Avangate following Product delivery, Avangate may, without notification to You, transmit claims to the parties for which Avangate acted as a reseller (the "Vendor"), and the Vendor or Avangate shall have the right to repossess and resell such Products, and You hereby grant Avangate, the Vendor, and their designated agents all rights available under applicable law, including, without limitation, the right to use electronic self-help means to terminate Your ability to access the Products, or otherwise repossess or reclaim the Products from You.
3.5 As between You and Avangate, You shall be responsible for any fraudulent or unauthorized transactions made through the Website, including, without limitation, using Your account credentials, credit card or debit card.
4. Delivery; Risk of Loss; Title
4.1 All delivery dates (whether provided on the Website, in an Order confirmation, or elsewhere) are estimates only and not a guarantee that any the Products will be delivered by a given date.
4.2 Delivery will be made to the address You provided to Avangate for Your Order. You must immediately notify Avangate via Avangate myAccount of any errors or omissions in the Avangate Order confirmation notice at the Website or in the Avangate payment notification that is sent to You at the email address that We have in Our records for You. Avangate reserves the right, in its sole discretion, to impose additional charges for any adjustments You make to an Order (e.g., delivery address) after You submit an Order.
4.3 All risk of loss for the Products shall pass to You upon delivery of the Products to the location specified in Your Order (even if no signature is required for delivery). For the avoidance of doubt, the delivery of downloaded Products occurs when the Products are downloaded. If You should refuse or fail to take delivery of the Products, all risk of loss for the Products will thereupon pass to You and, upon the demand of Avangate, You shall pay Avangate for the Products plus any additional amounts incurred by Avangate as a result of Your refusal or failure to take delivery of the Products, including, without limitation, attempting delivery of the Products by any reasonable means, or storing the Products. Avangate will be entitled to dispose of the Products in such manner as it sees fit if You have not taken delivery of the Products within thirty (30) days after (a) the scheduled date of delivery or (b) the date on which delivery was first attempted, whichever is later.
4.4 Except as Clause 3.2 or 12.1 may apply to Your Order, or as described by Avangate in the Order form for Your Order, You are not entitled to revoke or cancel in whole or in part any Order.
4.5 Title to the Products (or, if licensed, Your copy of the Products) will pass to You when Avangate receives payment in full for the Products (including, without limitation, any interest and other amounts due for the Products).
4.6 Unless and only to the extent permitted by the EULA or applicable law, if You are a consumer, You shall not resell the Products until after title therein has passed to You.
5. Conditions for the Products
5.1 The Products delivered by Avangate are subject to the terms and conditions of this Agreement and the terms and conditions of an end user license agreement or other agreement from the Vendor of the Products (collectively, the "EULA"). If You do not agree to the EULA, You are not authorized to use the Product and shall immediately notify Avangate via Avangate myAccount. Unless otherwise expressly agreed in writing by the Vendor, the Products are licensed and not sold to You, irrespective of any use of the words "purchase," "sale," "reseller" or similar terms in this Agreement or at the Website. Unless and only to the extent permitted by the EULA or applicable law, You represent and warrant that You shall use the Products in accordance with the EULA and will not use the Products for any unlawful purpose. In addition to and without limiting the foregoing, You shall:
5.2 Subject to Clause 11 (Inspection; Complaints), Clause 12 (Consumer Revocation of an Order) and Clause 13 (Refunds) of this Agreement, the remedies set forth in the EULA shall be Your sole and exclusive remedies with regard to the Products.
6. Automatic Renewal
With respect to certain of the Products, We may provide You with an option to automatically renew the Product license or subscription. If You elect automatic renewal, each renewal term for the Products will be equal in duration to the initial term for such Products. At any time during a renewal term, You may elect to not renew the Product license or subscription for the forthcoming renewal term, in which case this Agreement with regard to such non-renewed Products shall be terminated upon the expiration of the then-current renewal term. Upon any termination of this Agreement, You shall uninstall and destroy all copies of the Products and discontinue all use of the Products, unless and only to the extent You are permitted by the EULA or applicable law to retain copies of the Products.
From time to time, Avangate or a third party engaged by Avangate may request feedback and other information from You about such topics as the Products or Your experiences with the Products ("Feedback"). Providing Avangate with Feedback is optional. By providing Feedback to Avangate, You grant Avangate a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with Your first name and last initial, and local geographic area, as determined by Avangate in its sole discretion. Avangate may also use the Feedback in anonymous and aggregate reviews.
8. Warranty Disclaimer
Legal guarantee for tangible good is 2 years. To exercise your right for a guarantee please send a written request to Avangate as per section 14. If your Product is a digital product or intangible good you are entitle to cancel your order in 15 days as per section 12 or ask for a refund as per section 13.
AS BETWEEN YOU AND AVANGATE, THE PRODUCTS ARE DELIVERED "AS IS" AND YOU USE THE PRODUCTS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AVANGATE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVANGATE HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OF THIS AGREEMENT.
9. Limitation of Liability; Indemnification; Release
9.1 IN NO EVENT SHALL AVANGATE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF EVEN IF AVANGATE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, IF AVANGATE SHOULD BE HELD LIABLE FOR ANY DAMAGES NOTWITHSTANDING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE ENTIRE LIABILITY OF AVANGATE (INCLUDING ITS AFFILIATES) WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, REGARDLESS OF THE NUMBER OF ACTIONS OR NUMBER OF LICENSED COPIES OF THE PRODUCTS (AND WHETHER BASED IN CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00 USD). NO CAUSE OF ACTION WHICH ACCRUED MORE THAN ONE (1) YEAR PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST AVANGATE OR ITS AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. NO OTHER LIMITATION CONTAINED IN THIS AGREEMENT SHALL LIMIT AVANGATE'S LIABILITY TO YOU, TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT SHALL SURVIVE EVEN IF ANY EXCLUSIVE OR LIMITED REMEDIES PROVIDED IN THIS AGREEMENT SHOULD FAIL OF THEIR ESSENTIAL PURPOSE.
9.2 You shall indemnify, defend and hold harmless Avangate and its affiliates, and each of their officers, directors, shareholders, agents, representatives, licensees and employees (each, an "Indemnified Party"), from and against any and all claims, losses, liabilities, damages, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including, without limitation, court costs and reasonable attorneys' and consultancy fees), arising directly or indirectly, in whole or in part, out of: (a) any breach or threatened breach of this Agreement by You; (b) Your use of the Products; or (c) Your negligence, gross negligence or willful misconduct. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party's prior written consent.
9.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING VENDORS) CONCERNING THE PRODUCTS, THE WEBSITE OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
10.1 In addition to and not in lieu of Avangate's other rights, Avangate may, upon written notice to You via email, suspend or cancel Your Order for delivery of the Products, use electronic self-help means to terminate Your ability to access the Products (if permitted by applicable law), or terminate this Agreement, if:
10.2 This Clause 10.2 and the following provisions will survive any termination of the Agreement: Clauses 1 (Scope), 5 (Conditions for the Products), the last sentence of Clause 6 (Automatic Renewal), 8 (Warranty Disclaimer), 9 (Limitation of Liability; Indemnification; Release), 14 (Notices), 15 (Governing Law), 16 (Disputes) and 18 (General). In addition, any provisions which by their nature contemplate effectiveness beyond the termination of this Agreement shall survive any such termination. Avangate's remedies under this Agreement are cumulative and not exclusive and are in addition to all remedies available at law or in equity.
11. Inspection; Complaints
11.1 Upon delivery of the Products, You should inspect the Products and verify that the Products as delivered are in accordance with Your Order, including, without limitation, verifying that no items are missing from Your Order.
11.2 Within fifteen (15) days after the Products are delivered, You must provide written notice to Avangate if any of the Products as delivered are not in accordance with Your Order. Such written notice shall be sent by You to Avangate as specified in Clause 14 (Notices). If delivery of such Products was made by the Vendor of the Products, You must also, within said fifteen (15) days, provide written notice to that party in accordance with the terms of the EULA.
12. Consumer Revocation of an Order (RIGHT OF WITHDRAWAL)
12.1 IF YOU ARE A CONSUMER PURSUANT TO THE APPLICABLE LAW OF THIS AGREEMENT AS IT PERTAINS TO YOU AND YOUR ORDER, THEN IN ADDITION TO AND NOT IN LIEU OF YOUR OTHER RIGHTS UNDER THIS AGREEMENT, YOU WILL HAVE A PERIOD OF FIFTEEN (15) DAYS AFTER DELIVERY OF THE PRODUCTS DURING WHICH YOU MAY CANCEL YOUR ORDER, IN WHOLE OR IN PART, FOR ANY REASON BY SENDING WRITTEN NOTICE TO AVANGATE AS SPECIFIED IN CLAUSE 14 (NOTICES) AND RETURNING YOUR PRODUCT TO AVANGATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, SAID RIGHT OF CANCELLATION SHALL NOT APPLY IF YOU HAVE BROKEN THE SEAL OF THE PRODUCT; DOWNLOADED THE PRODUCT; OR THE NATURE OF THE PRODUCT IS SUCH THAT A RETURN IS NOT FEASIBLE, WHICH FEASIBILITY SHALL BE AS DETERMINED BY AVANGATE IN ITS SOLE DISCRETION (E.G., PRODUCT WAS CUSTOMIZED FOR YOU). FOR THE AVOIDANCE OF DOUBT THIS SECTION IS NOT APPLICABLE TO SOFTWARE PRODUCTS WHERE THE SEAL WAS BROKEN BY YOU AND DIGITAL CONTENT ALREADY DOWNLOADED.
12.2 If You exercise Your right of cancellation pursuant to Clause 12.1, You shall, within the same period of fifteen (15) days set forth in Clause 12.1, return the relevant Products to Avangate and Avangate will thereafter refund any prior payments that You made for such returned Products. Return shipping of the relevant Products will be at Your own expense; however, Avangate will bear the return shipping expense if such Products are being returned because such Products, as delivered, are not in accordance with the Order. Any return of the relevant Products by You shall be made to the mailing address specified by Avangate in the delivery details that accompanied the Products.
12.3 If (a) You do not exercise Your right of cancellation pursuant to Clause 12.1 and return the Products pursuant to Clause 12.2; or (b) You exercise Your right of cancellation pursuant to Clause 12.1 but the Products as received by Avangate were damaged after they were delivered to You, Your Order shall not be deemed cancelled and You shall pay Avangate in full for the Products within thirty (30) days after You provided Avangate with Your written notice of cancellation pursuant to Clause 12.1.
13.1 All refund and exchange requests are managed by Avangate and are made pursuant to the Avangate Refund Policy.
14.1 Any notice to Avangate that is required or permitted by this Agreement shall be in writing and shall be deemed given: (a) if sent by mail to the applicable Avangate office identified in the "Contact Us" section of the Website, five (5) Business Days after deposit in the mail, postage prepaid; (b) if sent by fax to the fax number identified in the "Contact Us" section of the Website, upon Your receipt of electronic confirmation thereof; (c) if sent by email to email@example.com, upon Avangate's receipt of the email; or (d) if sent by next day delivery service to the address identified in the "Contact Us" section of the Website, upon such delivery.
14.2 Any notice to You that is required by this Agreement shall be in writing and shall be deemed given: (a) if sent by email to the email address that We have in Our records for You, upon the earlier of Your receipt of the email, or two (2) Business Days after We sent the email (provided that We did not receive a message indicating that the delivery of the email was unsuccessful); (b) if sent by mail to mailing address that We have in Our records for You, five (5) Business Days after deposit in the mail, postage prepaid; (c) if sent by fax to the fax number We have in Our records for You, upon Our receipt of electronic confirmation thereof; or (d) if sent by next day delivery service to the address We have in Our records for You, upon such delivery.
14.3 You may submit any consumer complaints concerning Avangate to firstname.lastname@example.org, or by mail to the applicable Avangate office identified in the "Contact Us" section of the Website.
15. Governing Law
15.1 With regard to the Products You purchased from Avangate Inc.:
15.2 With regard to the Products You purchased from Avangate B.V.:
15.3 You agree and acknowledge that any breach or threatened breach by You of this Agreement may cause Avangate irreparable injury for which the recovery of money damages would be inadequate. Therefore, in addition to any other remedies that may be available at law, in equity, or otherwise, Avangate shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, without the necessity of proving actual damages, or posting a bond, even if otherwise normally required.
16.1 With the exception of injunctive relief (which either party may seek as they deem necessary to avoid irreparable damage or preserve the status quo), any dispute between the parties arising out of or related to this Agreement shall be resolved as follows:
16.2 Notwithstanding any terms and conditions of this Agreement to the contrary, the prevailing party in any proceeding arising out of or related to this Agreement shall be entitled to recover its reasonable expenses and costs, including outside and in-house attorneys' fees, from the other party.
17. U.S. Government End Users/Restricted Rights
The Product is a "commercial item," as that term is defined in 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 through § 227.7202-4, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the Product is being licensed to all end users of the U.S. Government or any of its agencies as commercial items only and with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement and the EULA. Product manufacturer is as stated in the Order confirmation or EULA.
18.1 Avangate's failure or delay in the performance of any of its obligations under this Agreement shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labor disputes, or any circumstances beyond Avangate's reasonable control.
18.2 In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect. Your Order and this Agreement set forth the entire understanding between You and Avangate relating to the subject matter of Your Order and this Agreement, and supersede all prior or contemporaneous negotiations, understandings, agreements, proposals and representations, written or oral, between the parties related to Your Order and this Agreement. In the event of a conflict among the terms and conditions of this Agreement and the terms and conditions of any Order, the terms and conditions of this Agreement shall prevail. You agree that the terms and conditions of any purchase order, shrinkwrap, clickwrap, browse-wrap or other documents (even if accepted by Avangate) used by You in connection with the Products or this Agreement shall be for administrative purposes only and shall have no legal force or effect, notwithstanding any language to the contrary in any such documents.
18.3 Avangate reserves the right to change this Agreement at any time by posting notice of the changes on the Website. You will be deemed to have been made aware of, and will be subject to, the changes to this Agreement after such notice has been posted. Your continued use of the Products, the Website, or any materials or services accessible through the Website, shall constitute Your acceptance of the changes. If You do not agree to the changes, Your sole remedy shall be to discontinue use of the Products and not place new Orders for Products. No delay or failure by Avangate in exercising or enforcing any of its rights or remedies under this Agreement, in whole or in part, and no course of dealing or performance, shall constitute a waiver by Avangate of any provision of this Agreement.
18.4 Your Order and this Agreement are personal to You. You shall not assign Your rights or delegate Your obligations under this Agreement, in whole or in part, without the prior written consent of Avangate. Any attempted assignment or delegation by You shall be voidable ab initio by Avangate. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
18.5 This Agreement shall not be construed as creating any agency, partnership or joint venture between Avangate and You.
18.6 The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. The words "shall," "agree" and "will" are mandatory, the word "may" is permissive, the word "or" is not exclusive, and the singular includes the plural and vice versa. "Business Day" shall mean Monday through Friday, excluding New Year's Day, Christmas Day, and other Avangate holidays. All time period references in the Agreement to "days" other than "Business Days" shall be deemed to refer to calendar days. All references to "days" or "Business Days" shall mean consecutive days or Business Days. This Agreement is executed in the English language. In the event this Agreement is translated into another language, and any inconsistency or discrepancy in meaning or interpretation results therefrom, the English language version shall prevail and control.
Avangate B.V., Avangate Inc., or any of their affiliates doing business as 2Checkout (each "Avangate," "2Checkout", "We," "Us" or "Our") is committed to safeguarding your privacy and ensuring that you continue to trust Us with Your personal information.
Customarily, We collect personal information only directly from you (contact data, payment, delivery details, etc.). We will tell You what personal information is mandatory when placing an Order.
As Our shopper, You provide Us with contact data, such as Your name, surname, postal or email addresses, phone number; transaction details, such as information about the Products You buy, credit card number and other credit card details; renewal options, geo-location data of Your mobile or another device, including GPS-based, Wi-Fi-based, or cell-based location information. We will mention which information is mandatory in order for You to successfully place an Order.
Even if You are not a shopper, You may provide Us with contact data, for example when you set up an account with 2Checkout or when you enlist to our marketing communication thread.
We will interact with you (a) online, (b) offline, or (c) when you interact with online targeted content (such as advertisements) that We or Our service providers provide to You via third party websites or applications.
In specific cases, personal information about You is collected by Us automatically.
We may collect personal information about You via automated means (such as cookies) when You interact with our ads, apps, or visit Our Websites. In such a case, the personal information We collect may include IP address, browser type, operating system, mobile device identifier, geographical area, referring URLs.
You may also provide personal information about others (for example when You place an Order on other’s behalf). If so, You are responsible for the entire data You provide to Us (and We assume that You are authorized to give such data).
In case the personal information provided by You concerns other persons, it will be Your responsibility to obtain prior authorization.
We will collect Your personal information only with specific purpose in mind (processing an Order, sending You marketing communication etc.).
Our focus is to process Your personal information only for specific purposes that allow Us to serve You in the best possible manner or, otherwise to manage an interaction with Us.
2Checkout may store and use Your Personal Information and, without further notice to You, provide Your Personal Information to 2Checkout affiliates or to third parties in order for 2Checkout, its affiliates or third parties:
Depending on the relationship You have with Us, the processing necessary to fulfill Our legitimate interest may be: to remind You about your abandoned shopping cart, to request Your feedback, to create and maintain Your 2Checkout myAccounts, to protect against, identify and prevent abuse, fraud, and other types of crime, claims, and other liabilities. You are entitled to oppose such processing, and we will review your request and respond to it on a case by case basis.
Some data, such as the types of used services and how many users We receive daily, may be used by 2Checkout for statistical, marketing, promotional, or any other lawful purposes. This kind of information is collected in aggregate/statistical form, without identifying any user individually.
In any case, We will not subject You to a decision based solely on automated processing that produces legal effects concerning you or similarly significantly affects You, unless you explicitly consented to the processing, the processing is necessary for entering into, or performance of a contract between You and Us, or when We are legally required/entitled to use Your personal data in this way, for example to prevent fraud.
You must be older than 16 years in order to place an order with Us if you reside in the EU. Otherwise, children’s personal information is cautiously processed (only with specific safeguards).
We do not knowingly solicit or collect personal information from children below the age of 16 when offering services of an informational society (except if explicit consent from parent or custodian is obtained prior). This is applicable only for those residing in the EU.
If We discover that accidentally We collected personal information from a child below this age, We will remove that child’s personal information from Our records as soon as reasonably possible.
In order to process Your Order, We will share Your personal information with our partners.
Without any prior notice, 2Checkout may share your personal information with third parties for other purposes, but only in the following circumstances:
You have specific rights in respect of data protection and We foster an environment facilitating their exercise (right to access, rectify, object, delete, receive your personal information or to complaint).
You have the right to:
In accordance with the applicable law, 2Checkout will provide You with access to Your Personal Information and, as appropriate, the right to intervene in respect of Your Personal Information. You may also be entitled to object to the processing of Your Personal Information by 2Checkout or to request the deletion of Your Personal Information, in which case, if 2Checkout in its sole discretion deems such Personal Information as mandatory, 2Checkout may no longer permit You to engage in certain activities.
You can decide if You want to provide Your Personal Information to 2Checkout, but if You do not provide certain Personal Information, You may not be able to make purchases, enlist services or access certain options at the Website or through other means. If You choose at the Website to receive communications regarding product information, special offers, or any other marketing or other information, We may add Your Personal Information to Our email database and use (or direct Our designees to use) Your Personal Information for providing such communications to You. You may later choose to unsubscribe from receiving such communications by following the unsubscribe directions in Our communications. If You provide 2Checkout with inconsistent privacy preferences at the Website (for example, by indicating on one occasion that We may provide You with marketing offers and on another occasion that We may not), 2Checkout will endeavor to update Your privacy preferences in 2Checkout's records with Your latest preference in a timely manner.
If you are residing in the European Union, Your Personal information may be transferred outside the European Union or the European Economic Area.
Your Personal Information may be transferred to persons within the European Union, Switzerland, or to persons within other countries whose legislation may or may not ensure an adequate level of protection. We shall endeavor to comply with the laws of the country from which Your Personal Information was transferred if We consider the laws of the country to which Your Personal Information was transferred as not ensuring an adequate level of protection.
We participate in the United States - European Union Privacy Shield and Swiss - United States Privacy Shield Frameworks. Please see Our Privacy Shield Policy.
Your California Privacy Rights
We installed adequate safeguards to secure Your personal information and We also implemented specific time periods so that to ensure that Your data is not retained longer than necessary for the stated purpose.
Data security. 2Checkout has implemented industry-standard measures to protect the security of the Personal Information We collect via the Website. For example, We use (SSL - Secure Socket Layers), a firewall, and a digital certificate issued by VerisignTM to protect certain of Your Personal Information, and We are PCI DSS (Payment Card Industry Data Security Standard) certified. No one can guarantee, and We do not guarantee, that Your Personal Information is completely secure at all times, however, We ensure You that the security of Your personal information is Our primary concern. You are also responsible for maintaining the confidentiality of Your Personal Information to protect it against unauthorized access or use.
Retention. We will only retain Your personal information for as long as You continue to use the Website or Products, and thereafter as permitted or required by applicable law, taking into account also our need to answer queries or resolve problems, provide improved and new services, and comply with legal requirements under applicable laws. This means that we may retain Your personal information for a reasonable the period after your last interaction with us (as required by fiscal law, otherwise no longer than what is necessary to protect our legitimate interests, to defend against a claim or what is necessary pursuant to regulatory provisions).
When the personal information that We collect is no longer required in this way, we anonymize or delete it in a secure manner.
We have a dedicated point for you to contact us in any privacy matters (email@example.com).
All your options and messages will be responded to based on the law requirements (one month since your request or longer if necessary. Nevertheless, please consider that in order to implement your requests or options we may need several days due to technical reasons (during such period we may continue to process your personal information based on your past options).
To place a refund, return or exchange request for an order placed with Avangate, You would need to contact Avangate via email at firstname.lastname@example.org, by phone at +31 88 000 0008, or by accessing Avangate myAccount.
Please have your order number available and provide a reason for your request in order to speed up your refund process. Your request will be reviewed within 2 days and we will notify you via email of the results.
Refund returns or exchanges request is accepted up to 30 days from the date of placing the Order with Avangate. Avangate may grant extensions to this period for some special cases and Products at its discretion.
If you choose to pay by check or money order you may cancel your Order before making the payment or in case the payment is not received by us, in 30 days Avangate will cancel your Order.
You may submit a request to cancel your order on the same day the order was placed. Please note that if the Order is already shipped or delivered we will not be able to approve the cancelation request.
Some products have special conditions for returns as described in the Order or Product materials delivered ("Products terms") so please read them carefully before making a request with Avangate. In case of misunderstandings between the Avangate Refund Policy and the Product terms, the present Refund policy will prevail. Shipping costs are non-refundable, except if due to Avangate error when you need to contact Avangate and make a formal request.
If the refund request is granted by Avangate, payments are refunded as follows:
If applicable, Avangate reserve the right to hold the refund payment until we receive a completed letter of destruction of the Product signed by you.
The present Refund policy is part of the AVANGATE TERMS AND CONDITIONS.