This document establishing the Conditions of Use is a legal agreement entered into by and between Martillomania Export and Import, a company representing the domain; and the Idakoos.com brand, which is a specialist in the intermediation of product sale on the Web. Read the Conditions of Use entirely before deciding if you accept them and continue with the registration process. IF YOU CLICK THE BUTTON “ACCEPT AND CONTINUE” APPEARING IN THE REGISTRATION PAGE, YOU ARE ACCEPTING THESE CONDITIONS OF USE.
1. Definition of Terms As used herein, the following terms shall have the meanings indicated at the end of the same. All the defined terms shall have the same meanings for the plural and the singular. The terms defined as follows appear herein.
• "You", "Purchaser", “Idakoos Member”: Person who asks for registration or registers to use, buy or recommend the website; or who uses the Service to make payment transactions.
• Member: Person who registers in Idakoos upon purchasing a product, and who can receive Benefits by his/her recommendations.
• Pro Member: Person who can receive benefits according to the kinds of recognition from Idakoos.
• Seller: Person who uses the Service to offer his/her products through Idakoos.
• Designer: Person who sends a design to be published in Idakoos.
• Product: Object sold through the Idakoos service.
• Recommendations: Mechanism used to obtain benefits from the Idakoos Community.
• Reference Systems: Mechanism used to obtain benefits.
• Benefit: Recognition made by Idakoos to its members upon recommending its products to several persons; it is materialized by obtaining Idapoints for the purchase made by the recommended persons.
• Idapoints: Measure unit used in the store to win benefits.
• Community: Group of members made up by persons from all over the World, who enter into the system when they buy a product.
• Family: They are all the “Direct Children” of each member and the “Direct Children’s children until 10 generations, including the initial member.
• Direct Child: They are all those users who, after recommendation, acceded to the Community, buying a product.
• Indirect Child: They are all those users who buy from the Direct Children’s recommendation.
• Method of payment: Service used by Idakoos for the payment process.
• Payment transaction: The payment processing through the Method of Payment accepted by Idakoos.
• Purchase value: The quantity, expressed in US dollars, of a payment transaction which is necessary to pay by a determined Product, as well as all the applicable taxes or postage and handling related to them.
2. Idakoos Service Idakoos offers the intermediation service between the Member and the Seller, fulfilling through it the distribution of payments for each purchase and the payments of the obtained benefits. Idakoos reserves the right to choose the method of payment as regards the product sale. Each member will choose the method of payment of the economic benefits obtained in the Community, whether by deposits in accounts or by checks. Idakoos offers a members’ program which main objective is to reward the recommendations materialized in purchases, using a Referral System, where the members will gain Idapoints according to the percentages obtained from successful recommendations. The relationship between the Member and Idakoos starts with the purchase of any product on offer to the consumer; thus creating a Family, which will grow according to the Recommendations materialized in sales, having as a maximum per each family, a depth of ten levels, the same which shall not be higher under any circumstance. In the event of separation of any Community Member, the Direct Children will pass to be part of the extinct Member’s Parent. Benefits shall be paid by either Idakoos or each one of its Sellers – according to the sold product – being Idakoos jointly and severally liable for the payment of the same.
3. Benefit Idakoos manages, at its election and according to the kind of Members, three kinds of recognitions, which are: (i) exchange of points for money, (ii) exchange of Idapoints for Idakoos products, or (iii) exchange of Idapoints for products from a third party. An Idapoint. is equivalent to a US cent ($0.01) obtained from the calculation of the percentage corresponding to the recommendation level in which the Member is. The percentage obtained from each Member will be equivalent to 9% of his/her Direct Child, and 1% from all the members of his/her Family. Idakoos reserves the right to make changes in the distribution system of benefits among its members; being able to apply a different percentage according to the sold product. Benefits will be calculated according to the sale value of each product, excluding Shipping, Discount Coupons or Refunds. In the event of refunds, the obtained benefits will be converted in proportional parts. Idakoos distinguishes among its users two types of Members, hereinafter (i) Idakoos Members or (ii) Pro Members. The Pro Members are the only users who will have access to the economic (monetary) recognition by the level of information provided to Idakoos.
4. Registration Requirements In order to use the Service, you should facilitate all the information required in the registration website of Idakoos. The registration will be made having into account the type of the Community Member. For the Pro Members’ registration, Idakoos – in strict fulfillment of the legal provisions of the State of Florida – will ask for the corresponding tax information. Idakoos reserves the right to verify the information provided by any kind of its members; as well as its bank accounts. When you register, each Community Member shall choose, without limitation, among all the persons who recommended you the website, to which Family belongs. Idakoos is not responsible for future problems that could arise by having made a wrong choice of the Family to which he/she wants to belong. Once the registration application is sent, it will be of definitive nature. You undertake to provide current, full, real and accurate information, as well as to periodically update such information. We reserve the right to require you additional information as a condition for the continual use of the Service, or your collaboration with us to determine if you are allowed to continue making use of the same. You empower us to confirm that the Method of Payment facilitated by you is in force and in accordance with the issuing financial institution, including, among others, the delivery of an application for the authorization of payment or minimum credit or debit in dollars to the Method of Payment according to the relevant regulations of card association. You also empower us to obtain, provided we consider opportune, assess your registration or the continual use of the Service. Idakoos, unilaterally and under its absolute discretion, can reject the approval or terminate the existing registrations with or without reason, and without other notice than that one required by the applicable law, to which you do not hereby relinquish. Upon accepting these Conditions of Use, the Purchasers or Members declare: To be 18 years old or more, To be willing to contract a legally binding agreement. If you represent an enterprise, you also declare that: are duly authorized to market in the country or in the countries you operate, All the employees, representatives, delegates and other agents who have access to the Service, have been empowered to use the Service and legally bind the Purchaser on these Conditions of Use and all the transactions made with his/her username and password.
5. Payment Transaction Proceedings According to the Payment Transactions made, the enterprise will store the information of Purchasers, as well as the Methods of Payment and the delivery information. Likewise, Idakoos shall delay the transaction of suspicious operations or operations which can involve fraud, malicious actions or infringe the applicable rules, these Conditions of Use for Purchasers, or other Idakoos polices, as determined by the enterprise, to its sole and absolute discretion. The Purchaser authorizes the charge or debit of the Method of Payment chosen, in the way necessary to carry out the Payment Transaction Proceedings. Likewise, the Purchaser authorizes the application of credit to the Purchaser’s Method of Payment regarding refund, reimbursements or adjustments, if any.
6. Admitted Payment Transactions Likewise, you shall use the Service to arrange Payment Transactions for the Product you have bought in our virtual store. The Service will not accept advances in cash, travelers’ checks, prepayment cards, money orders, .You accept you will not use this Service to process doubtful Payment Transactions, which infringe these Conditions of Use, other policies or rules applicable to the Service, or the applicable law.
7. Restrictions to use the Service Idakoos establishes general practices and limits related to the use of the Service, including, among others, the quantitative limits of individual or collective transactions as regards the transaction import or the number of payment transactions made during any period(s) of specific time. We reserve the right to change, suspend or interrupt any aspect of the Service in any moment, including the hours of operation or the availability of the Service or any function of the same, without prior notice and any responsibility to you. We also reserve the right to establish limits to determined functions of the Service, as well as restrict the access to a part of or the entire Service, without prior notice and any responsibility to you. We can reject the process of any payment Transaction without prior notice to the Purchaser. We do not guarantee that the functions including the service will not be suspended. We will not be responsible for the suspension of the service (including, among others, the suspension of power supply, system failures, or other kind of suspensions that may affect the reception, process, acceptance, termination, or establishment of Payment or Service Transactions). We can limit or suspend, to our discretion, the use of the Service by the Purchaser at any moment. In that case, we will try to notify you by email. If you suspend the Service, this will not affect your rights or obligations according to these Conditions of Use, derived from the same in advance or later than such suspension.
8. Information about the username and password You are responsible for: 1) Keeping your username and password confidentially, 2) all the transactions made by persons whom we facilitate access or, otherwise, use your username or password, and 3) all the consequences arisen from the use or unjustified use of such access information. You accept to immediately notify us about the non-authorized use of your username and password as well as any other security violation of the Service that you know.
9. Privacy You understand and accept that the personal information you provide us regarding the Service is subject to the Idakoos Privacy Policy. We reserve the right to sell the enterprise in a total or partial basis, including our database, since it is an important part of the negotiation. Idakoos will keep the personal information of each user in the strictest confidence; however, we reserve the right to provide statistical and general data, such as demographic, geographic or psychographic data to potential investors or commercial advertisers.
10. Use of Electronic Communiqués We can contact you as regards the Service through electronic communiqués, including (a) the email delivery to the email address provided by you during the registrations, or (b) publishing notes or communiqués in or website. You accept that we can inform you by email the following: these Conditions of Use and its reviews or amendments, notes or information disclosure regarding the Service, payment authorizations or any other item regarding the use that you make of the Service. You should keep copies of the electronic communiqués, printing a version in paper, or keeping an electronic copy of the same. The electronic communiqués will be considered to be received by you when we send you to the email address provided at the moment of the registration or to another one provided by you later, according to the provisions set forth in these Conditions of Use, or when we publish the electronic communiqué in our website. For the communiqués or reports that we should make in writing, as established by law, you accept that we can provide you with such communiqués or reports through electronic communiqués. The following additional terms will be applied to such communiqués: (i) you can contact us through the Idakoos Customer Service area to request another electronic copy of the communiqué without paying anything; (ii) you can request a paper copy of such communiqué, and we reserve the right to charge you for it; (iii) you can contact us through the registration page to update your personal information, as well as the email address used for the electronic communiqués or refusing the consent to receive electronic communiqués.
11. Service Tariffs We do not apply any tariff for the use of the Service as a Member. The financial institution issuing the Method of payment can charge a tariff derived from the application of debt or charge of the Method of Payment as a result of the Payment Transaction. You should consult the terms and conditions regulating its Method of Payment to obtain more information about such tariffs. Idakoos reserves the right to collect an annual maintenance fee and, in general, any other similar collection, which will be previously informed to the email address registered by the Member.
12. Conflicts Our enterprise provides several tools to help the customers to solve any conflict that may arise from his/her purchase transactions. You accept to exempt Idakoos as well as its agents, contractors and employees from responsibilities before claims, demands and damages (real and derived) which may arise or, otherwise, be related to a conflict that could have been solved according to the specifications expressed in the foregoing paragraph. If, in spite of it, you try to do it, (i) you will pay all the costs and fees of the Idakoos’ lawyers, agents, contractors, and employees, and pay compensation as established subsequently. However, any provision established in these Conditions of Use constitutes a relinquishment to any right, claim or defense that you may have regarding the payment Transactions according to the method of payment or any applicable State or Federal Legislation, such as, for example, the Debtors Protection Act or Electronic Fund Transfers Act.
13. Reimbursements If you think your account has been opened or used in a non-authorized manner, you should contact our area of Customer Service, and also use our Frequent Questions service. Unless otherwise set forth herein, all the Payment Transactions processed through the Service are not refundable, except an opportune process of claim and verification.
14. Service Termination We can terminate, to our discretion and without responsibility before you or a third party, the use of the Service by any reason, including and without limiting to, the inactivity or infringement of these Conditions of Use or any other policy periodically established by Idakoos. After the Service termination, you will be responsible for all the Payment Transactions and other obligations in which you have incurred or accumulated. After such termination, we will have the right to forbid you to accede to the Service, including, among others, the deactivation of the username and password.
15. Membership Loss Idakoos clarifies that, if a Member, in a period of time of 365 days, (i) has not bought a product of the virtual store, or (ii) have not added a direct child, he/she will automatically lose his/her membership; making it clear that the Idapoints obtained in the course of his/her relationship with Idakoos will be not transferable. The membership loss will lead to the Idapoints loss, which could have been obtained from Idakoos. Likewise, Idakoos reserves the right to cancel the account, if the security mechanisms of the enterprise detect that the system is being badly used.
16. Tax Responsibility of the Purchaser The return and payment of any applicable tax from the use of the Service is your legal responsibility. You hereby accept to comply with all the applicable tax laws, including that one to declare and pay taxes arising from the Payment Transactions in United States of America or in your residence country.
17. Compensation You accept to compensate Idakoos, its agents, contractors, subsidiary companies and other affiliates and its directors, representatives, owners, agents, partners of shared trademark and other partners, employees, informers, consultants and contractors, and another applicable third party, for all the claims, demands, actions, debts or responsibilities, including reasonable legal expenses, among them, legal fees and expenses in which the parties to be compensated incur.
18. Responsibility Limitation. Force Majeure In no case, Idakoos will be responsible before the purchaser or a third party, under no circumstance, for indirect, resulting, special, punitive damages or loss, including, among others, damages caused by the loss of benefits, goodwill, use, information or other non-material loss that can be incurred, as well as goods, services or acquired, received, sold information or which has been paid for through the service, regardless of the kind of claim or nature of the action, even if such part has been noticed of the possibility of such damages or loss. Under no circumstance, the Idakoos’ responsibility arisen from this agreement, or which is related to it, will exceed the net quantity of the real tariffs received and kept by Idakoos for part of the valid payment transactions of the Purchaser during the period of three months immediately before the demand date. Each Purchaser or Member recognizes that the other party has signed these Conditions of Use, basing one the limitations of responsibilities indicated in this document, and that such limitations constitute an essential element of the negotiations between the parties. Likewise, and without limiting the scope of the foregoing, Idakoos will not be responsible for failures or delays derived from any circumstance that goes beyond the reasonable control of such party, including, among others, governmental proceedings, acts of terrorism, earthquakes, fires, floods or other natural phenomena, industrial disputes, suspension of the power system and Internet faults.
19. Applicable Law and Jurisdiction These Conditions of Use are regulated by the laws of the State of Florida, excepting the election of applicable laws of Florida and the applicable federal laws of United States of America. Each party accepts to submit to the personal and exclusive jurisdiction of the Courts of the county of Miami Dade in Florida. The parties explicitly exclude the application to these Conditions of use of the United Nations Convention on Contracts for the International Sale of Goods and UCITA (Uniform Computer Information Transactions Act).
20. Amendment of the Conditions of Use for Purchasers, Members and Sellers We have the right, to our exclusive and sole discretion, to change, modify or amend any fragment of these Conditions of Use in any moment through the publication of the pertinent notice in the Idakoos website or notifying you of it in another way. The changes will be effective and considered to be accepted by you after the initial publication, and these will be applicable hereinafter regarding the Payment Transactions initiated subsequent to the publication date. In the event that you do not accept such changes, your sole and exclusive resource will be to terminate the use of the Service.
21. Assignment You will not assign these Conditions of Use, neither other kind of right or obligation specified herein, by law or in any other way, without our prior consent in writing; any attempt to do it will be considered to be null. We have the right to freely assign these Conditions of Use and the rights and obligations hereby contracted to a third party, without the need of consent or approval. According to the provisions set forth before, these Conditions of Use will be legally binding and take effect in the interest of the signatories, the respective successors and grantees of the same.
22. Validity Maintenance Upon terminating the use of the Service or these Conditions of Use by any reason, besides this section, the following sections will continue to be in force: 5, 7, 9, 10, 12, from 14 to 20, 22 and 23.
23. Other provisions The fact that Idakoos does not put into practice or guarantee the enforcement of a right or clause of the Conditions of the Service will not constitute a relinquishment of a right or clause. If a competent court of jurisdiction declares any provision of these Conditions of Use inapplicable or invalid, such provision will be limited to or eliminated to the extent that it is necessary to keep the Conditions of Use fully effective and in force, being binding between the parties. The headlines have been included as a reference and, no way, these define, limit, interpret or describe the scope or the extension of such section. These Conditions of Use, including the Idakoos policies which regulate the Service, constitute the full agreement between Idakoos and the Purchaser, Member, Seller, or Designer regarding the use of the Service.