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Mountguru is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. Mountguru has no control over and does not guarantee the quality, safety or legality of the items advertised.
These Terms of Service are a legal agreement between You and Mountguru. "You" refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If you are accessing the Service on behalf of your employer, you represent and warrant that you have the authority to agree to these Terms of Service on its behalf. "Mountguru" refers to any service of Mountguru. If you do not agree with the terms of this Agreement, do not use the Service. Mountguru reserves the right to update and change the Agreement from time to time. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. These Terms of Service shall be governed by and interpreted in accordance with the laws of the Netherlands applicable therein, without regard to principles of conflicts of laws.
Which means: You will be bound to these Terms of Service by using the Mountguru Service. The person signing up for the Mountguru Service is responsible for the account and is bound by these Terms of Service. Signing up on behalf of your employer will also bound your employer (and you) by our Terms of Service. The Terms of this agreement will be in accordance with Dutch laws.
In order to use the Service in its entirety, You must have a valid Account. You can purchase products or services without creating an account, but You will still be bound to these Terms of Service. To acquire an account for the Service, You represent and warrant that (a) all of the information provided by You to Mountguru to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into these Terms of Service and to perform the acts required of You hereunder. You are responsible for maintaining the confidentiality of the access data for your account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Mountguru of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mountguru cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Mountguru assumes no duty to verify such information. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mountguru has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mountguru has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service (and registering an account on the Service), you represent and warrant that you are at least 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. Mountguru may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation. You acknowledge that Stripe and Mollie will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts.
You are responsible for deactivating your Account, by sending an e-mail to email@example.com , after receiving your e-mail, Mountguru will do it’s best effort to remove your Account.
Which means: You will be bound to these Terms of Service by using the Mountguru Service.You must provide us with true and accurate information when singing up for an Account, also you warrant that you have the right and authority to accept these terms. We can delete your Account if you violate these Terms. We use Stripe and Mollie as payment methods.
You acknowledge and agree that Mountguru has the right to amend these Terms of Service at any time by posting the amended terms on www.mountguru.com at least 30 days before the effective date of the amendments. You will receive a notification by email. If you do not agree to these amended terms, you may deactivate your account within the 30 day period and you will not be bound to these terms.
Mountguru may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate/disable Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any Content (including Your User Content) contained in Your Account. Mountguru may, but has no obligation to, remove WebStores and/or the WebStore Content and Accounts of the WebStore owners. Mountguru reserves the right to refuse service to anyone for any reason at any time. In the event of termination, Mountguru may also withdraw and at its discretion reallocate the public web address of Your Account.
Mountguru reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Mountguru shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
Which means: We can modify, cancel or refuse these Terms of Service, the service and your Account at anytime.
Mountguru does not claim any intellectual property rights over the material you provide to the Mountguru Service. All your uploaded material remains yours, and you can remove your Mountguru WebStore at any time by deleting your Account. Mountguru will not disclose your confidential information to third parties, except as required in the course of providing the Service. Mountguru and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of Mountguru's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service. Mountguru is a Trademark of Mountguru.
Which means: Anything you upload remains yours and your responsibility. Mountguru is our Trademark and you may not infringe the Mountguru or its suppliers trademark/copyrights.
Buyers acknowledge that they buy products/services from WebStores and not from Mountguru, Buyers must contact the WebStores and not Mountguru, when they have questions or complaints or seek information about the products/services, Refund policy,
Which means: A buyer is someone with or without Account, that buys products/services from WebStores on Mountguru. You buy your products or services from WebStores not from Mountguru, for information about your order(s) you have to go to the terms of the WebStores.
WebStores are the online sellers in Mountguru. They create an online store within a category of Mountguru. The WebStore owners are a third party and under no circumstances shall Mountguru be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and WebStores.
In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Mountguru’s partners or other third parties such as WebStores.
Which means: WebStores are the traders on Mountguru. They are responsible for their products/services, not Mountguru.
GURU’s are online admins of a category in Mountguru, who provide third parties a WebStore service within their category in Mountguru. The GURU’s can help WebStores to build and operate their shops in their category within Mountguru. Mountguru does not employ GURU’S and is in no way affiliated with the GURU’s. Mountguru does not endorse GURU’s and takes no responsibility for any work performed by GURU’s or failure to fulfill a work order.Under no circumstances shall Mountguru be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and GURU’s. These limitations shall apply even if Mountguru has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Which means: Guru’s are the admins of a category in Mountguru. They are not employees of Mountguru and Mountguru is not liable for anything that a Guru does.
Mountguru does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. However, by uploading any User Content to the Service, You agree that Mountguru may store and display (only to You, to the extent that You make such User Content private) Your User Content solely as necessary in connection with the Service.You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not Mountguru, are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via Your Account. Mountguru does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
Users (GURU’s, WebStores and Buyers) of the Mountguru service, may not duplicate any content and or post unnecessary content. Users must verify if their products/services meet up to the requirements of the jurisdiction in their country and in the countries they sell/provide their products/services. Users will not buy, export, re-export, divert, transfer or disclose any portion of their products/services or any related information or materials, directly or indirectly, in violation of any applicable export law or regulation. Users will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Mountguru. Mountguru has no liability to verify and check if those requirements are being lived up to.
Users will not upload any content that is offensive, indecent or objectionable, Mountguru may delete those contents. If continued, Mountguru will undertake sanctions to prevent it from happening again. Should User Content be found or reported to
be in violation with, but not limited to, the following terms, it will be in Mountguru's sole discretion as to what action should be taken.
Which means: You are responsible for your uploaded content. You have the obligation to check if your activities are in accordance with the applicable laws. Don’t use Mountguru for anything illegal or transmit any harmful code. Again Mountguru is not responsible for violations of any of the users.
You will not upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable.
specifically, users agree that they will not:
Which means: Don’t harm the Mountguru service, or users in any way. And don’t do anything illegal.
You agree that Mountguru has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that Mountguru may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Mountguru retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to terminate or deactivate accounts of users who are inactive for an extended period of time.
Which means: Mountguru has the right to modify the service, and add a limits on use or storage.
You understand that by using the Service, You may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Mountguru be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. Mountguru has no obligation to monitor such third-party Content. Mountguru reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms of Service. Mountguru also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Mountguru, its users and the public. Mountguru will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. If Mountguru discloses such information to satisfy any applicable law, regulation, legal process or governmental request or to respond to user support requests, to the extent permitted by law, regulation or legal process, Mountguru agrees to provide You with prompt notice of any such demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.
Which means: Mountguru will remove harmful content but is not obliged to do so. Mountguru is not responsible for any harmful content from third parties.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from The Netherlands or the country in which You reside.
You agree to indemnify, defend and hold harmless Mountguru, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other right of any person or entity.
Which means: We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
In no event will Mountguru or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Mountguru, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Mountguru does not warrant that the Service will be uninterrupted, timely, secure, or error-free. Mountguru does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Mountguru does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Which means: Service is “as is” so it may have errors or interruptions and we provide no warranties.
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
Which means: If Mountguru chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Mountguru don't apply if they conflict with these terms.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Mountguru services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement shall be governed by and construed under the laws of the Netherlands, NL, as applied to agreements entered into and to be performed in The Netherlands by Dutch residents. The parties consent to the exclusive jurisdiction and venue of the courts located in the City of Utrecht, in the Netherlands, NL.
Which means: If a dispute arises the issue will be dealt with in the Province of Utrecht, Netherlands. The agreement is subject to the Dutch laws.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Mountguru Software is intended or created by these Terms of Service.
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Mountguru may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Mountguru upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Mountguru, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to Mountguru under this Agreement must be sent to the following electronic mail address for such purpose:firstname.lastname@example.org
If you are a government user or otherwise accessing or using any Mountguru service in a government capacity, this Amendment to Mountguru Terms of Service applies to you.
Which means: In event of a conflict between two versions of this agreement, than the english version of this agreement will be the controlling one. Mountguru’s rights to enforce remedies in case of a breach of this agreement, are cumulative.
Mountguru complies with the European General Data Protection Regulation (GDPR) 2016/679 EU law.
We comply with the European General Data Protection Regulation (GDPR) 2016/679 EU law on the protection of individuals with regard to the processing of personal data and on the free movement of such data)
"Personal information" is any information that we could use to identify an individual. It does not include personal information that is encoded or anonymized, or publicly available information that has not been combined with non-public information. "Sensitive personal information" is information that meets the "personal information" criteria and also a.) reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or b.) concerns health or sex life, information about Social Security benefits, or information on criminal or administrative proceedings other than in the context of pending legal proceedings.
We collect information two ways: Information we get from your use of our Services, and information you provide to us directly. Information we get from your use of the Services is primarily non-personally-identifying information of the sort that web browsers, servers, and services like Google Analytics* typically make available, such as the browser type, language preference, referring site, and the time of each visit. Other non-identifying information that we might have access to includes how you use the Service (e.g. search queries), your approximate location, cookies, etc.
We collect this non-personally-identifying information in order to better understand how visitors use the Services and, where possible, to improve their experience. For instance, we log the time it takes to run database queries so that we can improve performance. In some cases, we may publicly display information that is not personally identifying in the aggregate, (e.g., by publishing a report on trends in the usage of our Services) or may provide the aggregate data to third parties.
When you use the Services, we also collect potentially personally identifying information in the form of Internet Protocol (IP) addresses, the Uniform Resource Locator (URL) accessed, and the unique identification number associated with the account. We don't use that information to identify you, with one exception: we may discover, by reviewing log files, that a particular account is using the Services in a way that is degrading the experience for all the Services' users. If this is discovered, we may look up personally identifiable information associated with that account in order to contact the account owner. We handle and disclose this information in the same way we handle other potentially personally identifying information as described below.
Information you provide to us directly. Certain visitors to our Services choose to interact with them in ways that may require them to provide us with personally identifying information. The amount and type of information that is provided depends on the nature of the interaction. For example, we ask visitors who sign up for our Services to provide a real name, username, and email address. Organizations and individuals who engage in financial transactions to purchase paid services are asked to provide additional information, such as the personal and financial information required to process those transactions. In each case, we only collect as much information as is necessary or appropriate given the type of interaction. We do not disclose personally identifying information other than as described below. And you can always refuse to supply personally identifying information, with the caveat that it may prevent you from engaging in certain activities.
If you send us a request, such as emailing us for support, we reserve the right to publish it (absent any personally identifying information) in order to help us clarify or respond to your request or help other users. In the process of supporting our Services, we may discover personally identifiable information associated with your account. The only personally identifiable information we may discover during the support process without your consent includes your email address and the names of any organizations to which you belong. Any further information will not be discovered without your consent.
In the process of supporting our Services, we may need to investigate the data within your account, including data you have entered into the Service. If this occurs, we will always request your explicit permission before looking at the data in your account.
We do not collect any personally identifiable information from children under the age of 13. If you believe that a child has provided us with personally identifiable information without the consent of his or her parent or guardian, please contact us at privacy@Mountguru.com. If we become aware that a child under age 13 has provided us with personally identifiable information, we'll delete it.
This Policy only applies to information collected by Mountguru. It does not apply to the practices of companies that we don't own or control, or employees that we don't manage. Information on our Services may contain links to third party websites, and any information you provide to those sites will be covered by any privacy policies they may have. Please be sure to read the privacy policies of any third-party sites you visit. It is those sites' responsibility to protect any information you give them, so we can't be held liable for their wrongful use of your personally identifying information.
Here are some of the ways we may use personal information you provide us:
We won't share your personal information with non-agent third parties unless we are required to do so by law, or if we believe in good faith that disclosure is reasonably necessary to protect our property, rights or those of third parties or the public at large. It is possible that we may, on occasion, buy or sell assets from or to other companies. If that should occur, user information is typically one of the assets that get transferred. Similarly, if Mountguru or most of its assets were acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information could be transferred or acquired. You should be aware that such events can occur, and that if it does, the buyer may continue to use your personal and non-personal information, but only as set forth in this policy. Other than in these rare circumstances, Mountguru will not rent or sell potentially personally identifying information to anyone.
We may from time to time request some of your financial information for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
It's hard to imagine that we would ever consider collecting, let alone sharing, sensitive information with a non-agent third party, but if such a day should come, we will first give you the opportunity to explicitly consent (opt-in) to such disclosure or to any use of the information for a purpose other than the one for which it was originally collected or previously authorized.
If you are a registered user of our Services and have supplied your email address, we may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with the Services. We generally use our Services to communicate this type of information, so we expect to keep this type of communication to a minimum. If we do send you information that you did not expressly request, we will provide you with a way to request that you don't get any similar notices (opt-out, unsubscribe, etc.).
Onward Transfer — Prior to providing agents with any personal information, we will obtain assurances that they will safeguard it in accordance with this policy. Examples of assurances that may be provided include: A commitment that they will handle the information in accordance with this policy, or will provide the same level of protection, subject to European General Data Protection Regulation (GDPR) 2016/679 EU law;
In the unlikely event that we should discover that an agent is using personal information in a way that conflicts with this policy, we will take all reasonable steps to stop it immediately.
Security — All records containing personal or financial information are considered to be our property and are afforded confidential treatment at all times. We work hard to protect against the unauthorized access, use, alteration or destruction of personal or financial information. All such electronic information is stored on restricted database servers, and is generally kept until such time as you may ask us to edit or delete it, as described below. We only disclose such information to our employees, contractors or affiliates that a) need to know that information in order to process it for us or to provide other services, and b) have agreed not to disclose it to others.
All interactions with our Services use the Transport Layer Security/Secure Sockets Layer (TLS/SSL) protocol. We use a third-party, industry-accepted Payment Gateway to securely process credit card transactions.
Data Integrity — In addition to assuring you that we will protect your personal information, we also want to make sure that it is reliable, accurate, and up-to-date. In order to do that, we provide: Access — Upon request, we will provide you with reasonable access to the personal information we collect about you. Because personal information—for example, your email address—is required to use The Services, we retain personal information as long as your account is active. You will have the opportunity to correct, update, modify or delete this information updating your information in The Services. Please note that some information that may remain will be anonymized in our records even after you request deletion of your information as permitted by the European General Data Protection Regulation (GDPR) 2016/679 EU. Additionally, there may be limits to the amount of information we can practically provide. For example, we may limit an individual's access to personal information where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy or where doing so would violate others' rights.
If you have any concerns or complaints about how you think we've handled your personal information, please contact privacy@Mountguru.com or our Data Protection Officer at the address below. We will work hard to investigate and resolve any complaints you might have.
Our service offer you a number of options and settings. These are usually explained to you when you first use or register for them. It is quite possible that by changing the settings, certain services may no longer function properly.
If you would like to know what personal data we hold on you, we offer this function in the dashboard section of mountguru.com. Here you will find an overview of the records stored by us, such as your name, email address, and postal details. You will receive this activity data on request via email. The provision of this information may take some time, depending on the scope of the activity data.
You will find an overview of the records stored by us, such as your name, email address, and postal details, in the administration section of our software. If you find that this information is incorrect, you can change it yourself. For all other rectifications, please contact us in writing (e.g. email).
Should you wish to delete your data, you can send us an email. We will then erase your data in accordance with legal requirements. However, we would like to point out that we are legally obliged to store certain data for longer periods of time (e.g. the retention periods for accounting documents in The Netherlands).
Additionally, should you wish to have your data deleted, please note that we are able to block your data but for legal reasons or due to technical restrictions it may take some time to permanently delete your data from the live systems.
Further, please note that after the confirmation of your deletion request it is not possible to restore your data. You may continue using parts of our software as an anonymous user.
Right to data portability:
Please let us know in text form (e.g. email) which data you would like to transfer to whom. We will examine your request immediately and inform you of the result.
If you have any questions about this policy or our site in general, please contact us at email@example.com.
Written Inquiries can be sent to:
De Corridor 5, 3621ZA Breukelen
Please see the Mountguru Security Policy.