MODANDA TERMS OF SERVICE

MODANDA is brought to you by MODANDA SL. (referred to in Terms as “we”, “us” “our” or “MODANDA”). We are a company incorporated in Barcelona, Spain, with a registered office at Carrer Corsega 327 4.1.B, Barcelona, 08037.

MODANDA provides a proprietary tool allowing users to register on their wishlist the pricetag of third-party products that they are interested in purchasing. These Terms of Service (these “Terms”) together with our Privacy Policy (which you can view by clicking here) constitute a legal agreement between MODANDA and yourself, and govern your access to and use of MODANDA’s website and mobile application (the "Services") to you, where “User or “you” means an individual or entity end user of the Services.

 

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.


These Terms may be modified. It is your responsibility to read them periodically, as the current Terms at the time of formalisation of the relevant Services (as defined further on) or of use of this website shall be those that apply. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms.

If you have any query regarding the Terms or the Data Protection Policies you may contact us via email at support@modanda.com.

 

Services

Subject to the Terms of Service hereof, during the period these Terms are in effect, MODANDA allows you to use the Services on a non-exclusive basis. MODANDA may change, modify or update the Services at any time without prior notice to you, including to remove functionality. Currently, MODANDA makes the Services available free-of-charge to you, but MODANDA may choose at any time to charge for your future use of the Services. In order to use the Services, you must be 16 years of age or older, or have the permission of your parent or guardian. You may not use the Services if your access to or use thereof violates any applicable law or regulation.

You can download the MODANDA App and use it to register products’ pricetags or numbers that interest you in third-party offline or online stores.

We will notify you when the prices for these products drop. We will also show you the products that you have registered on our Site with prices, images and its details. While we make reasonable attempts to notify you of changes in prices with respect to the particular version of the product that you put on your wihlist, we do not warrant that the prices that are included in our notification will be the actual price of the relevant product and/or that the relevant product will actually be available for sale. We only provide you with notifications and/or related information and are not responsible for the actions of such third-party offline/online store and/or that such online store will respect any agreements entered and/or purchases made. We do not warrant that any product is safe, legal or appropriate. We expressly disclaim any and all liability in connection with the above.

The Services may include advertisements, which may be targeted to the information on the Services, queries made through the Services, or other information. The types and extent of advertising by MODANDA on the Services are subject to change. In consideration for MODANDA granting you access to and use of the Services, you agree that MODANDA and its third party providers and partners may place such advertising on the Services or in connection with the display of information from the Services whether submitted by you or others.

 

Accounts

You may register to use Services by providing the requested information. All personal details disclosed by you on the Services will be collected and processed in accordance with our Privacy Policy and Cookie Policy.When you use Services, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. MODANDA reserves the right to refuse to allow any user to open an account for any reason at its sole discretion

You agree to register with MODANDA and access and use your account solely for personal use. You may not authorise others to use your account.

You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidential.

 

You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Services if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. MODANDA will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold MODANDA harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via email at support@modanda.com.

Facebook Connect

You can also register using Facebook Connect, which allows you to register with MODANDA via your Facebook account. If you decide to do this, you give us permission to access basic information from your Facebook account. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. We have no control over individual account privacy settings on such services or policies on how your personal information will be used. You and Facebook are in control of these matters, not us. Before using these features, you are encouraged to read all policies and information on Facebook to learn more about how they handle your information. MODANDA is not responsible for any acts or omissions by Facebook and any connected social media service providers' use of features that come from Facebook's platform.

Accessing The Services

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time.

 

Termination of Account

You agree that we may for any reason, in our sole discretion and without notice, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, the community ethos of our Services or our business interests. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at support@modanda.com

In addition, if we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior. You may request termination of your account at any time and for any reason by sending an email to support@modanda.com

Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

 

Intellectual Property

MODANDA and its licensors own the Services, including any material or content made available through the Services, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party, even if such trademark, service mark, logo, or trade name is posted on your website.

You are not required to provide us with any feedback or suggestions regarding the Services. However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of Services then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.

You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; (c) use the Services and/or provided content in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (e) harvest, collect or mine information about other users of the Services; or (f) use or access another user’s account or password.

 

No Warranties, Disclaimer

Your use of any aspect of the Services is at your own risk. MODANDA cannot and does not accept any liability in respect of any activities that you may undertake through using the Services, including by means of linking to third-party websites and/or any purchases made on those third-party websites.

We make no representations or warranties whatsoever in respect of the Services, information and images may be provided by third parties, such as online stores. We cannot accept any liability whatsoever in respect of any content which is provided by third parties including with respect to their non-infringement of third-party rights. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.

Without limiting the foregoing, we disclaim any implied or statutory warranties in respect of merchantability, fitness for a particular purpose or non-infringement in respect of the Services. MODANDA does not warrant that any content and/or description provided through the services regarding products or otherwise is accurate, complete, reliable, current, or error-free.

No advice or information, whether oral or written, obtained by you from MODANDA, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Services. In any case, our entire liability under any provision of these Terms shall not exceed amounts paid by you directly to us for the use of the Services hereunder.

In addition to the foregoing, MODANDA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. MODANDA is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or use of the Services. Under no circumstances shall MODANDA be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, whether online or offline.

 

Indemnification

You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, social media account, password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right, moral or publicity right; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.

Third Parties

The Services may provide links to third-party websites or third-party services or resources. We have no control over third-party websites, content or resources and all use of the foregoing is at your own risk. Additionally, all payments made to purchase goods or services are made through third-party payment processors. We cannot accept responsibility for any payments processed or submitted through such third-party payment processors, or for the privacy policies of any such services.

 

Miscellaneous

These Terms shall be governed by the law of the State of Delaware, United States exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Services shall be brought exclusively in the court located in Delaware, and you irrevocably consent to their jurisdiction. Any cause of action against us must be brought within six (6) months of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the email address or other contact information you have provided to us.

Last updated: November 2018