Terms of Service

Last Updated: May 2019

Welcome to Molongui

1. Hi, we’re Molongui and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say “we”, “us” or “Molongui” it’s because that’s who we are and we own and run the Molongui website.
2. The Molongui site is a platform that allow registered users to buy licenses to use digital items like website themes, plugins and more. Any transactions are logged on your member’s statement, which records the payments made by you to Molongui.
3. When you make a buy and accept these terms you become a member of our community. You will have a client account that will allow you to buy items and make other related transactions.
4. The items on Molongui website are owned by us, so we do take ownership of the items.
5. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Molongui site is conditional on your acceptance to be bound by these terms and the Privacy Policy whether you become a member or not.

How browsing and membership works

6. You need to be 13 years or over to browse the Molongui site. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our site whether or not you’re a member.
7. You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items as a Guest or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
8. You promise that information you give us is true, accurate and complete and, if you sign up for a client account, that you will keep your account information up-to-date (including a current email address). Your account is not transferable, that means you cannot sell your account. You are responsible for any use of the site including any activity that occurs in conjunction with your username and password, if you have a Molongui account, so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.

How buying items works

9. When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Molongui. This license also applies to you if you download an item that someone else has bought for you. Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.
10. The total price for an item on Molongui site is made up of:
    • Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
    • Taxes: Some transactions on Molongui site may be subject to tax that may be added to the item price. See section 14 for details about taxes on Molongui site.
11. Currency conversion costs: You are responsible for all costs of currency conversion relating to your Molongui account. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees). This means that you may incur additional costs when purchasing from Molongui site, which we have no control over.
12. Terms of buying: When you buy a Molongui item you’re doing so on the following terms:
    • you warrant to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
    • you cannot cancel a completed purchase of an item;
    • we do not promise that any particular item will continue to be available on Molongui site so you should download and save the item as soon as you buy it;
    • once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
    • the author retains ownership of the item;
    • we have the right to enforce against you the terms of the license that you have acquired from an author.
13. Warranties we make:
    • the item you buy is of acceptable quality and fit for the purpose for which it is ‘sold’;
    • the item matches the description given on the item preview page, as well as any item preview;
    • we will honour any express promises given to you that are not contained in these terms;
    • we have the rights necessary to license that item on the terms of applicable license;
    • your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
    • the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
    • the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
    • the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
    • if the item is marked as ‘supported’, we will provide you with the services as outlined in the item support policy.
14. Taxes:
    • Prices and fees for supplies made to you in connection with these terms exclude European VAT unless stated otherwise on our site. If a supply is made to you under or in connection with these terms on which European VAT is imposed, any applicable fee that is charged for that supply is increased by, and you must also pay, an amount equal to the VAT payable on that supply. Any applicable VAT will be added as part of the total price buyers see before finalizing a purchase.
    • You are responsible for paying all other fees and taxes associated with your use of Molongui wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
15. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.

Refunds

16. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the author in section 13 has been breached, or a refund is required under the Spanish consumer law or other relevant consumer protection laws. If you would like to request a refund contact us here.
17. We will assess refund requests on their merits, considering the digital nature of Molongui items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
    • you have changed your mind about an item;
    • you bought an item by mistake;
    • you do not have sufficient expertise to use the item;
    • you ask for goodwill; or
    • you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
18. Transaction fees we get charged by our payment service provider to process your payment won’t be returned, so they will be deducted from the amount you paid.
19. If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. So if the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in Euros, under the rules of the payment method (see section 11 – Currency conversion costs about currency conversion back to your local currency).
20. In case of currency conversion, the exchange rate applied by the payment service might be different than the one applied upon purchase.

Our use of your information

21. Privacy: We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the Molongui sites and their services, including marketing activities. Our Privacy Policy explains how we deal with your information and it forms part of these terms.
22. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the Molongui site will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the Molongui site, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Molongui site to any other person.

Playing fair

23. Prohibited Conduct: Some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on Molongui site but you promise that you will not:
    • use a false email address, impersonate others, or misrepresent your affiliation with others;
    • use the Molongui site or any of the items available to buy in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
    • modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the Molongui site other than in accordance with these terms or the license for the item.

Liability and indemnity

24. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Molongui’s site and any content you post to Molongui’s site.
25. You agree that we are not responsible for, and you release us from liability arising out of or in connection with your use of items from Molongui.
26. Our liability to you in connection with Molongui or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
    • we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
    • our total liability to you is limited, for each item purchased, to our earnings from the payment for that item, except to the extent that the our liability arises from wilful misrepresentations made about the item.
27. Third Party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
28. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and authors are bound only by the express promises made in these terms. Our and each author’s liability for breach of a non-excludable consumer guarantee is limited, at our or the author’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
29. Refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Spanish government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our clients. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.
30. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
31. Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your email address.
32. Changes to Molongui Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our members know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Molongui Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Molongui site after the changes are made, then you will be agreeing to the changes.
33. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
34. Applicable Laws: We control and operate Molongui from our offices in Spain. The laws of Barcelona, Spain govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.