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Please check the terms and conditions on several occasion over time to be informed of all new terms that govern our relationship. Chupamobile is a service of Chupamobile ltd, London, UK. You should check this page from time to time to ensure that you are happy with any changes.

1. Terms and Conditions

Chupamobile may change, at its discretion, the Terms and Conditions, in whole or in part, at any time without prior notice. Changes will be valid when published on the Site. Your use of the site is considered as acceptance of these changes.

2. Trade Marks

All materials used for the site and its products should be allowed to whoever owns the rights.

3. Buyers terms and conditions

The site and uploaded content will be visible to everyone on the internet. If you click 'Accept' you accept the Terms and Conditions and a legal agreement between you and Chupamobile will exist in relations to the use of the site. If you are agreeing on behalf of your company, you represent that you have legal authority to bind your company to the terms of the Agreement above. You also confirm that you are of the legal age of majority in the jurisdiction in which I reside (at least 18 years of age in many countries).

3a. Buyers

Chupamobile can decide, at its sole discretion, if: deny your request to become a buyer; once you become a buyer to suspend the account at any time. Chupamobile is not obliged to give explanations for its decision to suspend your buyer account request. You are responsible for each and every access or use of the Site done with your username and password. You must notify us of any unauthorized use of your username and password.

4. Copyright Agent

If you think your products has been copied or there was some breach of copyright please inform us by sending an email at report@chupamobile.com, including: your name, address, e-mail; a report of where the supposedly infringing material is located; a report of the copyrighted work that you assert has been infringed.

5. Chupamobile's Role

Ownership of the goods remains with the developer. Chupamobile has no right to the ownership or use of the products of the site. Chupamobile has not control and not responsibility for the quality, safety or legality of products sold and downloaded from the site. Chupamobile not guarantee that the products, codes, materials downloaded from the site do not infringe the intellectual property of others. Each developer is responsible for its products sold.

6. Buying Products

Purchasing a product on Chupamobilemobile Marketplace means: 'Having access to digital contents and obtain a license to use it'. If you buy a Product you can not cancel the order once the order has been sent. As a Buyer you agree that you will have access to an intangible item, a license to use a digital content, and that this kind of purchase is not eligible for re-imbursement under the PayPal Buyer Protection (User Agreement for PayPal Services - 25, February 2013 - article 13.3 of http://goo.gl/M4cly) You agree that if for any reason there was a clerical error on the price or description of the product Chupamobile can block the transaction by you, and if the outcome of the transaction has already been successful Chupamobile will make the refund.

7. 14 Days Money back Guarantee

The 14 Days Money Back Guarantee is a buyer protection that grants that the product will work as advertised in the product description page. If not we grant the support of the original author in order to adress and fix the issue experienced otherwise a full refund will be processed. A refund can be requested only: during the period of 14 Days after the original purchase date, through the Chupamobile Support; if the product purchased do not work as advertised in the product description; after detailing the issues experienced to the original author of the product by posting a comment in the product page; after 48hrs wihout receiving support from the original author of the product.

8. Availability and Use of the Site

Chupamobile may, in its discretion, and for any reason, and at any time without notice: terminate your access to the site or part thereof; modify, terminate all or part of the service. Chupamobile is not liable for loss due to, total or partial, interruption of the service."}}

9. Fees and Services

No payment is required to become a Buyers. If you are a buyer will pay a sum to purchase the product. Payment can be made via PayPal or credit card (via PayPal). You are responsible to pay all fees and charges (including withholding tax), associated with your use of the Site wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). All prices on the Site are expressed in Chupamobile Credits. Each credit is equal to $1,00 . Payment will be made in Dollar. The buyer is responsible for the costs of exchange between its currency and the Dollar.

10. Payments from Virtual Wallet (Credits)

You can make a payment into your Virtual Wallet with credit card or via PayPal. You authorize Chupamobile to make a debit to your Virtual Wallet to pay for products listing. All the money deposited into your Virtual Wallet must be used to purchase products on the site. Chupamobile will not refund any money deposited into your Virtual Wallet as a buyer. All the money deposited into your Virtual Wallet as a Buyer, that are not used for a period of 12 months, will be forfeited to Chupamobile. Chupamobile is not obligated to warn you about the forfeiture before it happens. The Terms and conditions regarding refunds, chargeback, and unauthorized transactions, authorizes Chupamobile to automatically deduct such refunds, chargeback and unauthorized transactions from the Virtual Wallet. If the buyer asserts that the Product is not as described or is broken or is corrupt, you authorize us to give the buyer a full refund on the Product price if the buyer requests the refund within 14 calendar days after purchase and the claim is found to be valid.

11. Selling Products

The developer guarantees to Chupamobile and buyers in relation to its products that:

  • owns the intellectual property rights in that product;
  • the product does not infringe the intellectual property rights of any;
  • that product is not fake, stolen or an illegal item;
  • that product is not defamatory, unlawfully threatening or unlawfully harassing;
  • that product is not obscene and does not contain pornography and does not contain material malicious to person under the age of 18 years;
  • that the products does not contain viruses or malicious codes for computer hardware and software;
  • that the product does not cause loss of service to the ISP;
  • that Product does not violate the law of any state.

 

You are familiar with the products before they are put on Chupamobile must be reviewed by Chupamobile. Chupamobile may refuse, at its sole discretion, the product. Chupamobile should not give any explanation about the refusal. If the products you have uploaded to the site violates the Terms and Conditions Chupamobile may suspend your account and the money earned will be returned only after the dispute has been resolved. You acknowledge and agreed that Chupamobile will decide, in its sole discretion, the price of each product. The products of the site are continually reviewed and Chupamobile may decide to remove an item from the site without prior notice. The developer will not be refunded in any way for losses due to the elimination of its product from the site. You acknowledge and agreed that you must maintain your products online a minimum of 6 months from submission date. Chupamobile is not responsible for the use of products that customers will buy. You agree and acknowledge that Chupamobile may use the whole or any part of a Product to promote the site.

11a. Payout

Chupamobile will pay the amount earned by the developer in the following ways:

  • If a developer has earned less than $100,00 can request a payout to a PayPal account. Chupamobile will pay through a PayPal account (and in no other manner). Payments of less than $100,00 are processed at the end of each quarter and paid out on the 15th of the following month.
  • For earnings of more than $100,00, you can request a payout to a PayPal account. Payments are processed at the end of each calendar month and paid out on the 15th of two following months.
  • The Terms and conditions regarding refunds, chargeback, and unauthorized transactions, authorizes Chupamobile to automatically deduct such refunds, chargeback and unauthorized transactions from the Virtual Wallet.
  • If the buyer asserts that the Product is not as described or is broken or is corrupt, you authorize us to give the buyer a full refund on the Product price if the buyer requests the refund within 30 calendar days after purchase and the claim is found to be valid.

 

12. Fees and Payments

No payment is required to become a Developer. No payment is required to sell products. If you are a buyer will pay a sum to purchase the product. If you are a developer, you will receive a fee for each item sold. Payment can be made via PayPal or credit card (via PayPal).

13. Authorize Chupamobile to assist you on DMCA Notice event

You authorise Chupamobile ltd to act on your behalf in case of a copyright violation of the App Source code you published on the marketplace. This condition will take place in case one or more App Source Code (you fully own the copyright) published for sale on the marketplace Chupamobile.com, will be published, promoted or distributed, without your written permission/authorization, in third party sites, forum or digital locations. In that case you authorise Chupamobile to prepare and send out a DMCA notice to the infringer (website, company or people), in order to grant the taking down of the unauthorised distribution of your copyrighted material. Chupamobile, at its sole discretion will choose if assist you or not and could not be considered responsible for any activity or violation of your copyrighted material.

14. Commissions

The developer authorizes Chupamobile to retain its commission for every product sold. The commission changes according to agreements. Developer are elegible to receive a share of 60% of each item sold. Commission fee may be changed by Chupamobile at its sole discretion, from time to time.

15. Disclaimer

Chupamobile does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: all content and services on the Sites is provided as is and without warranties of any kind; Chupamobile does not guarantee that the service is free of errors and that they will be correct and the server that hosts the site is free of viruses or other harmful components.

16. Jurisdiction

Jurisdiction for any dispute is the Court of London, UK.

17. Definitions

In these Terms and Conditions:

  • buyer means a person who is registered as buyer by submitting the request and accept terms and conditions;
  • buyers means user who buys products on the site;
  • developer and/or author means user who sell product through the site;
  • Virtual Wallet is the virtual credit of users who buy and sell products;
  • We or us means Chupamobile;
  • You or your means developer or buyer.