Effective Date: February 1, 2019
We may make changes to these Terms at any time by posting them to the Site. Any changes will be effective at the time of posting.
Gadgenda is an online platform where visitors and users can discover products around the globe. The products that are posted in the Site are offered by sellers who want to publicize their offerings and reach bigger audiences.
Gadgenda collects for you and presents organized information of the best products and innovative gadgets, so that you can find easily anything that interests you. Also, you can discover awesome products that you did not know that existed before.
We assist any kind of e-commerce websites and crowdfunding projects to increase public attention and sales through our targeted audience and our promotional campaigns.
In order to use certain services on the Site, you will need to create an account and become a registered user (“User”). All the information you provide when you create your account must be true, accurate, current and complete. You are responsible for all activity in your account, so please secure and protect your login information and password.
Our customers are sellers (“Sellers”) who can post and showcase their products (“Products”) on our Website. Sellers must register through our website in order to post their Product on our platform, by accessing the following link: https://www.gadgenda.com/contact-us
You will find third party products, bargains, coupons, deals, advertisements and other offers on the Site. Products and services are provided by third parties (each, a “Seller”), and if you choose to accept an offer, the transaction will be between you and the Seller.
Gadgenda has affiliate relationships with certain Sellers, and may receive compensation from your purchase from these Sellers. Gadgenda is not a party to, or in any way responsible for, your transaction with a Seller, including when we have an affiliate relationship with Seller. We are not responsible fulfilling any product offers.
Gadgenda may allow you to accept offers or make other purchases from Sellers on our Site, using our checkout tools. While our platform helps facilitate your purchase, the transaction is solely between you and the Seller. You will need to contact the Seller directly for customer service issues, including questions about the products or services for sale, order status inquiries, refund and warranty requests. Gadgenda does not provide any warranties or other protections for your purchase.
Before you purchase a product or service or otherwise accept an offer, please read the entire description of the offer, including the fine print and any additional terms and conditions set forth on the Seller’s website. You are responsible for understanding what you are buying and for following the Seller’s instructions. The terms and conditions of any listing, including refund and cancellation policies, are governed by the Seller’s policies, not ours. Please contact the Seller directly for questions regarding your transaction with Seller.
In addition to your other commitments under these Terms, you must comply with the following:
- Users must be at least age 15 or legally able to form a binding contract in order to open an account or use the Site. You may not use the Site or our services under any circumstances if you are under age 13.
- Users may only open one account. Any additional accounts created without the express written permission of Gadgenda's administrators will be banned and/or closed.
- Users may not transfer your Gadgenda account to another person without our written consent. Accounts that have been terminated for failing to comply with these Terms may not be reopened under another name.
- Users may not use the Site to collect information about other users, such as email addresses, and you may not distribute or post spam, send unsolicited communications or circulate bulk emails.
- Sellers may not post content that is misleading, deceitful or illegal, or that encourages Users to visit a website or complete a transaction that is illegal. You acknowledge that it is within our discretion to review the Product before uploading it on our Website and refuse to post it in case the Product contains any prohibited item pursuant to these TOU or to the local or international laws.
- Sellers agree to provide accurate and complete information about their Product and to maintain and update that information. If the information you provide is untrue, inaccurate, incomplete or not current, we reserve the right, in our sole discretion, to remove your Product from our Website.
- Sellers must have all necessary rights to any content you post on the Site, including intellectual property rights and that to the best of their knowledge, the Products comply with all applicable laws.
- You must provide accurate and honest information to us at all times.
- You must abide by all applicable laws and refrain from violating any third party rights.
- You must comply with all policies posted on the Site.
Our Content and Proprietary Rights
You may not copy, repurpose or distribute content found on the Site, for any purpose, without our express written permission. For example, you may not copy Product listings onto any website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.
You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
Gadgenda or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Site. Except as set forth in these Terms, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms are reserved by us.
Aside from the limited license described below, Sellers retain all rights in the Products they list in our site. The Seller grants Gadgenda, its affiliates and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, publish, transmit, modify, create derivative works, perform, and distribute it on the Site, any other Gadgenda websites and applications, and on third party sites (e.g., under our account with a social networking site). Despite being strictly prohibited, Gadgenda cannot and will not be responsible or held liable in any way if any Visitor, User or any other third-party, in breach of the TOU, uses the posting of a Product for any purpose other than for the offer of our services. Sellers accept that they post their Product on our Website entirely at their own risk.
We respect intellectual property rights, and expect our users to do the same. If you believe that your intellectual property rights have been violated, please inform us by contacting us: https://www.gadgenda.com/contact-us
Suspension and Termination
We may suspend or terminate your account for any reason or no reason. Possible reasons for suspending or terminating an account include if you violate the Terms, cause liability to other users of the Site or do not use your account.
We may contact you using the contact information you provide us, including by email, phone or your mailing address. We may need to contact you about your use of the Site or your account, or to provide announcements about the Site. We also may contact you to provide you with promotional offers and other marketing. If you wish to opt out of marketing emails, please send an opt out request to firstname.lastname@example.org or click on the unsubscribe link at the bottom of such emails.
You can also contact us at:
You will indemnify, defend, and hold harmless Gadgenda, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives and the other users of our services (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to these Terms, your use of the Site and our services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claim.
Gadgenda is not a party to the transactions between you and a Seller. We do not control the products or services associated with their listings, including their availability or Seller’s right to sell them. We do not guarantee the truth or accuracy of the Products' listings.
We provide the Site and all services “as is” and “as available” without any warranties, whether express, implied or statutory. We disclaim any implied warranties, including warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. The Covered Entities do not make any representation as to the potential revenues or other benefits you may realize by using the Site and our services.
The Site contains links to third-party websites, apps and other online properties that are not owned or controlled by Gadgenda. The Site also makes available for purchase products and services from third-party merchants. We do not endorse or assume any responsibility for any such third parties or third-party properties. If you access a third party website, app or other property, you do so at your own risk and you agree that Gadgenda will have no liability arising from your use of any such properties.
Limitation of Liability
You acknowledge that Visitors and Users purchase the listed products from third-party websites and Gadgenda has no involvement in the execution of the transaction and disclaims any liability attached or/and stemming from the transaction.
- We will be entitled to recover all costs, including attorneys’ fees, that we incur in order to enforce these Terms.
- Any notices required or permitted by these Terms (other than legal process) may be given by email with the proviso that we will email your account address and you will email us at email@example.com. Email notices will be deemed effective 24 hours after the time of sending. Mailed notices will be deemed effective three calendar days after the date of mailing.
- You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Site and our other services.
- You cannot assign your rights under these Terms without our written agreement. We can assign our rights and obligations to any entity or entities that agree to be bound by these terms.
- These Terms and your use of the Site is governed by the laws of the State of Delaware.
- The parties will resolve any disputes in the courts of Delaware, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Notwithstanding our right to change these Terms (as described at the top of this page), we may not contravene our obligation to arbitrate any claim that arose prior to the change in the Terms.
- Any claim (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.
- The Terms (including all policies incorporated by reference) are the entire agreement between you and Gadgenda. They replace any other agreement between us on this subject. If any provision of these Terms is deemed invalid, then that provision will be revised, limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver will be effective unless it is described in an explicit writing and signed by Gadgenda.
The new European data protection law requires us to inform you of the following before you use our website: