TERMS AND CONDITIONS

Last updated: May 1, 2018

Introduction

Welcome to our application Mercado Tools (“Mega” or “We” or “Us“). By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy and our cookies policy. If you have any queries about the App or these Terms, you can contact Us by any of the means set out in paragraph 9 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.
Please make sure to read the instructions and guides before using the application.
All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
MercadoLibre Marketplace is a registered mark of MercadoLibre Inc.

General Rules Relating Conduct

The App is made available for your own, personal use and limited to a certain number of accounts (1 for the free version and 2 for the paid one). The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the Application, you must comply with all applicable Canada laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the Application, you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify Mega in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.

Content

The copyright in all material contained on, in, or available through the App including all information, data, text, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Mega. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Mega express permission.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Mega. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Mega.

Link to Third Parties

The App may contain Ads to websites operated by third parties (“Third Party Ads“). Mega may monetize some of these Ads through the use of third party affiliate programs. Notwithstanding such affiliate programs, Mega does not have any influence or control over any such Third Party Ads and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

Privacy policy

We take your privacy very seriously. Mega will only use your personal information in accordance with the terms of our privacy policy and cookies policy. By using the Application, you acknowledge and agree that you have read and accept the terms of our privacy policy and cookies policy and these Terms.

Disclaimer/Liability

USE OF THE APP IS AT YOUR OWN RISK, WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS CAUSED BY THE APPLICATION. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) MEGA DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN MEGA AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
Mega will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
IF MEGA IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) 0 AMERICAN DOLLARS (US$ 0.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP (A REFUND), WHICHEVER IS GREATER.
Nothing in these Terms shall be construed as excluding or limiting the liability of Mega for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Canadian law.

Service Suspension

Mega reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

Advertisers in the Application

We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Mega, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

General

These Terms (as amended from time to time) constitute the entire agreement between you and Mega concerning your use of the App.
Mega reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Mega.
These Terms shall be governed by and construed in accordance with Canadian law and you agree to submit to the exclusive jurisdiction of the Canada Courts.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
Mega’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mega in writing.
Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) or otherwise in favor of any person other than you and Mega

Contact Us

You can contact us via email: mercadotools.info@rematesreales.com


PRIVACY POLICY

This privacy policy governs your use of the software application MercadoTools (“Application”) for mobile devices that was created by Manuel Gonzales. The Application is a set of tools which help perform bulk operations for the MercadoLibre Marketplace in an efficient manner.
All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
MercadoLibre Marketplace is a registered mark of MercadoLibre Inc.

User Provided Information

The Application obtains the information you provide when you download the Application.

Automatically Collected Information

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, the username of your MercadoLibre account and information about the way you use the Application.

How we use the information that we collect?

* Improve the performance of, and products and services available through, this App
* Monitor compliance with our terms and conditions of use of the App, enforce our rights and protect the safety of others including investigating and if necessary removing access to users.
* For any purpose if we are required to do so by any law or other regulatory or government authority.

Does the Application collect precise real time location information of the device?

This Application does not collect precise information about the location of your mobile device.

Do third parties see and/or have access to information obtained by the Application?

Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
* as required by law, such as to comply with a subpoena, or similar legal process;
* when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
* with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
* if the Application is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

Automatic Data Collection and Advertising

We may work with analytics companies to help us understand how the Application is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Application which helps us keep the cost of the Application low. Advertisers and advertising networks use some of the information collected by the Application, including, but not limited to, the unique identification ID of your mobile device and your mobile telephone number. To protect the anonymity of this information, we use an encryption technology to help ensure that these third parties can’t identify you personally. These third parties may also obtain anonymous information about other applications you’ve downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., your zip code), and other non- precise location information in order to help analyze and serve anonymous targeted advertising on the Application and elsewhere. We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.
If you’d like to opt-out from third party use of this type of information to help serve targeted advertising, please visit the section entitled “Opt-out” below.

What are my opt-out rights?

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter.

Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. In case it is changed, you will be prompted to accept them again when the application updates.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. \'Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in Canada. If you reside outside Canada your information will be transferred, processed and stored there under Canada privacy standards.

Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at mercadotools.info@rematesreales.com.


COOKIES POLICY

A cookie is a small piece of information which is sent to the hard drive of your device by a web server so that some information about your browsing activity can be collected. Other technology can also be used to collect that information without sending information to the hard drive of your device. In this policy, we use the term ‘cookie’ to mean any technology that is collecting information from your device. The cookie will collect information relating to your use of our apps and websites, information about your device such as the device ID, IP address and browser type, demographic data and, if you arrived at one of our apps via a link from a site other than the relevant App Store (including, but not limited to the iTunes App Store, Blackberry App World, Amazon Appstore, Google Play and/or the Windows App Store), the URL of the linking page. The information will be collected both when you are connected to the internet and when you are not. If you have purchased one of our apps and have elected to share information with us as part of that process, it may also collect your name and email address, which may be transferred to data processors for verification purposes or a third-party ad server to measure your activity, such as interaction with an advert or purchase of a product.
A web beacon is a line of code which is used by a website or less frequently a third-party ad server to measure a user’s activity, such as interaction with an advert or purchase of a product. A web beacon is often invisible because it is only 1 x 1 pixel in size with no color. A web beacon can also be known as a web bug, 1 by 1 GIF, invisible GIF and tracker GIF.

How to delete cookies

Cookies can be deleted from your hard drive or from the settings menu on your device. To learn more about how to reject cookies, visit www.allaboutcookies.org or go to the help menu within your internet browser. If you experience any problems having deleted cookies, you should contact the supplier of your web browser.

Contact Us

You can contact us via email: mercadotools.info@rematesreales.com


May 1, 2018 - Updated e-mail address.