Gadgematics Terms of Use
 
 
By using our Services, you are agreeing to these terms. Please read them carefully.
You must follow any policies made available to you within the Services.
 
Introduction
Welcome to Gadgematics. By accessing www. Gadgematics.com and its related websites, services, applications or tools (Collectively referred to as " Gadgematics ") you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Gadgematics works for everyone. Gadgematics is provided to you by Gadgematics.com. These Terms of Use constitute a legally binding agreement between you and Gadgematics.com. You accept these Terms of Use by clicking the "Sign Up" button when registering a Gadgematics account and by otherwise accessing or using the Gadgematics websites, services, applications and tools; or as otherwise indicated on a specific site, service, application or tool.
Using Gadgematics
As a condition of your use of Gadgematics (including Gadgematics.com and its related websites, services, applications and tools) you agree that you will not:
● violate any laws;
● violate the Posting Rules;
● post any threatening, abusive, defamatory, obscene or indecent material;
● post or otherwise communicate any false or misleading material or message of any kind;
● infringe any third-party right;
● distribute spam, chain letters, or promote pyramid schemes;
● distribute viruses or any other technologies that may harm Gadgematics or the interests or property of Gadgematics users;
● impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Gadgematics;
● copy, modify, or distribute any other person's content without their consent;
● use any robot spider, scraper or other automated means to access Gadgematics and collect content for any purpose without our express written permission;
● harvest or otherwise collect information about others, including email addresses, without their consent;
● copy, modify or distribute rights or content from the Gadgematics site, services, applications or tools or Gadgematics's copyrights and trademarks;
● harvest or otherwise collect information about users, including email addresses, without their consent
● bypass measures used to prevent or restrict access to Gadgematics;
● sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
 
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations.
You are solely responsible for all information that you submit to Gadgematics and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Gadgematics either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the Gadgematics websites, services, applications or tools, we may, at our discretion, inform other Gadgematics users that have been in contact with you and recommend that they exercise caution.
Your Account
To access and use some of the Services, you may need to register with Gadgematics and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account. Try not to reuse your Gadgematics Account password on third-party applications or any other.
If you believe your Account has been compromised or misused, contact us immediately at Gadgematics Customer sevices (enquiry).

Modifying and Terminating our Services
Time to time we upgrade our Services. We may modify functionalities or features, and we may suspend or stop a Service altogether.
You can terminate using our Services at any time. Gadgematics may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Abusing Gadgematics Services
Gadgematics and the Gadgematics community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

You are solely responsible for all information that you give to Gadgematics and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that Gadgematics is not under any obligation to monitor any data or content which is submitted to or available on the Services. 

Fees and Services
Using the Services is generally free. We may sometimes charge a fee for certain features or Services. If the feature you use incurs a fee, you will be able to review and accept that charge before purchase. Our fees are quoted in US Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site. We may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site. Our fees are non-refundable after the feature is supplied, and you are responsible for paying them when they are due. If you don’t, we may limit or stop your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using collection mechanisms, including third party debt collection services.  You agree to provide accurate information necessary for Gadgematics to comply with our obligations under applicable law.  You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on Gadgematics’ Services.
Content
Gadgematics’s Services contain content from us, you, and other users. Gadgematics is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
Reporting Intellectual Property Infringements
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Complain of Infringement (COI) form, fill it out, and email it to Gadgematics. Only the intellectual property rights owner can report potentially infringing items or listings through to Gadgematics’. After we receive your first COI, to Gadgematics will send you the instructions on how to submit future reports electronically. We can share, in accordance with applicable law, the completed COI form with the third party that originally posted the potentially infringing listing.
Liability
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Gadgematics comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Gadgematics.
Release
If you have a dispute with one or more Gadgematics users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third Party services on Gadgematics
You may use the PayPal payment gateway for some financial transactions on our Services. When you link your PayPal account to your Account, you can use your PayPal account to pay or be paid for items by buyers or sellers while using Gadgematics’ Services. You acknowledge and agree that by utilising any third party services through our Services (such as PayPal), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services. If you wanted to link your PayPal account to your Account, you appoint Gadgematics as your limited agent to:

A. provide to PayPal your name, address, payment amount, item details, item category, and all other information required by PayPal to enable PayPal to process payments to or from your PayPal account; and

B. receive payment confirmation and decline notices from PayPal in respect of your PayPal payment transactions.

When you link your PayPal account to your Account, we accept our appointment as your limited agent to undertake those activities specified in the paragraph above. Our appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to your PayPal account. If you have a dispute with PayPal, a buyer, or a seller, that does not arise directly as a result of an error by Gadgematics, in respect of any payment transacted (or failed to be transacted) on your PayPal Account, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. Gadgematics is not able to access your complete financial details from PayPal or your PayPal account. At no time does Gadgematics hold any of the funds when a buyer pays a seller using PayPal. Funds are transferred directly by PayPal from the buyer’s PayPal account to the seller’s PayPal account after the deduction by PayPal of any relevant PayPal fees. PayPal's terms and conditions apply to your use of PayPal when you access PayPal’s services from our Services, and you must agree to PayPal’s terms and conditions in order to use the PayPal’s services. You acknowledge and agree that, to the extent permitted by law, we are not liable to you for any loss or damage you incur arising from your use of the PayPal method.

About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
Legal and Financial Advice
You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before buying or selling an item via our Services. 
You acknowledge and agree that the information provided by Gadgematics in relation to using PayPal’s services is factual in nature only and Gadgematics has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use PayPal’s services and that you cannot rely on any of Gadgematics' advertising materials, terms, instructions or policies as a recommendation, statement of opinion or financial product advice.