Service Policy

By registering, the USER WILL BE DECLARING TO HAVE READ AND ACCEPTED IN FULLY, WITHOUT ANY RESERVATION, THIS CONTRACT and TERMS OF USE which present the “General Conditions” applicable to the use of the services offered by Loja MottaPhones, which provides an interactive service for the provision of services on the internet, providing a virtual platform, renting virtual spaces and hosting content provided by third parties. Loja MottaPhones is a service that provides virtual store tools for various entrepreneurs on the web, where visitors freely choose a store where they intend to purchase products and services of their interest. Therefore, Loja MottaPhones does not make sales, does not act as intermediaries, does not offer its own products or services. The services provided are operated and managed by MottaPhones on the world wide web (“Internet”), within the website mottaphone@gmail.com and other formally affiliated platforms.

                                

By completing the registration and said record, THE USER WILL BE DECLARING THAT HE IS OF ADULT AGE, EMANCIPATED OR IS BEING REPRESENTED BY A CAPABLE PERSON AND THAT BOTH ENJOY FULL CIVIL AND CRIMINAL CAPACITY.

                                

Any person, hereinafter referred to as “USER”, who intends to use the services of the MottaPhones Store must accept these Terms of Use, and all other policies and principles that govern it. ACCEPTANCE OF THE TERMS OF USE IS ABSOLUTELY ESSENTIAL TO THE USE OF THE PLATFORM AND ITS SERVICES.

                                

The USER must read, ensure that they have understood and accept all the conditions established in the Terms of Use, as well as in the other documents incorporated therein by reference, before registering as a USER of the MottaPhones Store.

                                

1. OBJECT

                                

1.1 The services covered by these Terms of Use consist of making available to Users, directly or indirectly registered in their system, a set of stores, business establishments, sellers and self-employed workers previously registered, who will use the MottaPhones Store platform to make goods, products and services owned by the store owners available to interested Users.

                                

1.2 THE USER is responsible for filling in personal data, ensuring that their registration does not cause any harm or embarrassment to third parties.

                                

1.3 After browsing the Virtual Store, the USER may purchase goods, products and services in the virtual establishments that he/she finds, upon acceptance of the terms and conditions specified herein and payment of the remuneration established in each purchase, subject to the deadlines established in each operation defined by the seller in question.

                                

1.4 The delivery time for products and/or services will be those agreed with the online store selling the product, at the time of purchase.

                                

1.5 The publication, acquisition and delivery of the product or service will take place according to the following steps:

                                

a) Publication of the Offer by the ONLINE STORE: The offer will be published on the platform offered by the MottaPhones Store and will remain so for the period stipulated by the contractor for the USER's choice.

                                

b) MottaPhones Store does not guarantee the product or service and is not responsible for delivery. MottaPhones Store is not responsible for any inaccuracy, lack or expiry of stock of the product chosen by the USER in the ONLINE STORE.

                                

c) Choice of product or service: The USER interested in purchasing a product or service may do so freely through the ONLINE STORE.

                                

d) Delivery of Products and/or Services Offered: The USER is aware, and hereby declares to be in agreement, that any product and/or service offered by the ONLINE STORE on the platform is purchased directly from the ONLINE STORE and that the latter is exclusively and entirely responsible for the delivery, quality, quantity, condition, existence, legitimacy and integrity of the products and/or services offered. The USER is aware that the MottaPhones Store does not hold possession or ownership of the products and/or services offered through the platform. By choosing a product and/or service through the platform, the USER declares to have adhered to the regulations and conditions of the ONLINE STORE offer and declares to be aware of the conditions of use, payment, receipt and validity period of his/her choice.

                                

2. ABILITY TO REGISTER ON THE WEBSITE.

                                

2.1 The services of the MottaPhones Store are only available to people who have the legal capacity to contract them. Therefore, people who do not have this capacity, including minors, or people who have been temporarily or permanently disqualified from the MottaPhones Store, cannot use them.

                                

2.2 The same person is also not permitted to have more than one registration as a consumer user, except for consumers who also have an ONLINE STORE. If the MottaPhones Store detects duplicate registrations, through the data verification system, it will permanently disable all registrations.

                                

3. REGISTRATION

                                

3.1 Only interested parties who complete all the registration fields will have their registration confirmed. The future USER must complete the registration with accurate, precise and truthful information, and undertakes to update their personal data whenever any changes occur.

                                

3.2 MottaPhones Store is not responsible for the accuracy of personal data entered by its USERS. USERS guarantee and are responsible, in any case, for the veracity, accuracy and authenticity of the personal data registered.

                                

3.3 MottaPhones Store reserves the right to use all valid and possible means to identify its USERS, as well as to request additional data and documents that it deems to be pertinent in order to verify the personal data provided.

                                

3.4 If the MottaPhones Store decides to check the veracity of a USER's registration data and finds that there is incorrect or false data among them, or if the USER fails to send the required documents, the MottaPhones Store may block the USER from purchasing or choosing products or services, or temporarily suspend or permanently cancel the USER's registration, without prejudice to other measures that it deems necessary and appropriate.

                                

3.5 If any of the above sanctions are applied, the choices made will be automatically cancelled, and the USER will not be entitled to any compensation or reimbursement for this reason.

                                

3.6 THE USER accesses his/her account using the user name and/or email and password and undertakes not to disclose this data to third parties, taking full responsibility for any use made of it.

                                

3.7 The USER undertakes to notify MottaPhones Store immediately, and through secure means, of any unauthorized use of his/her account, as well as unauthorized access by third parties to the same. The USER will be solely responsible for the operations carried out in his/her account, since access to the same will only be possible by entering the password, which is known exclusively by the USER.

                                

3.8 Under no circumstances will the assignment, sale, rental or other form of transfer of the account be permitted under penalty of being canceled for violations of the MottaPhones Store policies.

                                

3.9 The USER expressly accepts that MottaPhones Store and/or any of its partners may send the USER informative e-mail or SMS messages, referring to specific communications regarding products and services made available or that may be made available on the platform, as well as other messages of a commercial nature, such as offers from third parties affiliated with MottaPhones Store and platform news. If the USER no longer wishes to receive such messages, he/she must request the cancellation of their sending on the platform itself.

                                

4. PAYMENT

                                

4.1 Payments for purchases made by interested parties and contacts with USERS may be made through third-party companies, including the provision of services by a company responsible for payment management.

                                

4.2 The MottaPhones Store may not intervene in the results of the USER's relationship with the company responsible for payment management, since the latter manages its operations independently of the MottaPhones Store, and it is up to the company to limit or expand the possibilities of intervention that the MottaPhones Store may exercise over such relationship.

                                

4.3 The MottaPhones Store cannot guarantee in any way that the services provided by the company responsible for payment management will function free from errors, interruptions, malfunctions, delays or other imperfections.

                                

4.4 The MottaPhones Store will not be responsible for the availability or otherwise of the Services provided by the company responsible for payment management or for the impossibility of using the Service.

                                

5. MODIFICATIONS TO THE TERMS OF USE

                                

5.1 MottaPhones Store may change these Terms of Use at any time, aiming to improve and enhance the services provided. The new Terms of Use will come into effect upon publication on the platform. Within 24 (twenty-four) hours from the publication of the modifications, the USER must notify us by email if he/she does not agree with the changed Terms of Use. In this case, the contractual relationship will cease to exist, provided that there are no outstanding accounts or debts in the USER's name. If there is no response within the stipulated period, it will be understood that the USER has tacitly accepted the new Terms of Use and the contract will continue to bind the parties.

                                

5.2 The changes will not be effective in relation to choices, commitments and acquisitions already initiated at the time the same changes are published. For these, the Terms of Use will be valid with the previous wording.

                                

6. INFORMATION PRIVACY

                                

6.1 The MottaPhones Store will take all possible measures to maintain the confidentiality and security described in this clause, but will not be liable for any damage that may arise from the violation of these measures by third parties using public networks or the internet, subverting security systems to access User information.

                                

6.2 It is inherent to the activity of the MottaPhones Store to connect and partner with partner companies for the perfect provision of services. To this end, the MottaPhones Store may, at its sole discretion and convenience, share information about USERS and visitors to its website with its partners.

                                

6.3 If you have any questions about the protection of personal data, or to obtain further information about personal data and the cases in which the confidentiality covered by this clause may be broken, please contact MottaPhones@gmail.com

                                

7. USER OBLIGATIONS

                                

7.1 USERS interested in participating in the services offered and advertised by the MottaPhones Store and its users must register, choose the products and services and make the corresponding payments.

                                

7.2 After registering on the website, chosen VIRTUAL STORE, choosing and paying for the products and services purchased, Users will undertake to collaborate so that the company Loja MottaPhones and the store owner achieve their objective.

                                

7.4 MottaPhones Store is not responsible for tax obligations that fall on the activities of the website's USERS, as well as on those of its Partners and Virtual Stores. As established by the relevant legislation in force, the consumer must demand a tax invoice from the Partner for their transactions.

                                

8. BREACH OF SYSTEM OR DATABASE

                                

8.1 The use of any device, software, or other resource that may interfere with the activities and operations of the MottaPhones Store, as well as the publication of offers, products or services, descriptions, accounts or its databases, is not permitted. Any interference, attempt to, or activity that violates or contravenes intellectual property rights laws and/or the prohibitions stipulated in these Terms of Use will make the responsible party liable to the pertinent legal actions, as well as the sanctions provided for herein, and will also be liable for compensation for any damages caused.

                                

9. SANCTIONS

                                

9.1 Without prejudice to other measures, MottaPhones Store may warn, suspend or cancel, temporarily or permanently, a USER's account at any time, and initiate appropriate legal action if: a) the USER fails to comply with any provision of these Terms of Use; b) if the USER fails to comply with his/her duties as a USER; c) if he/she commits fraudulent or willful acts; d) if the USER's identity cannot be verified or any information provided by him/her is incorrect; e) if MottaPhones Store understands that the advertisements or any action by the USER have caused any damage to third parties or to MottaPhones Store itself or have the potential to do so. In cases where the USER's registration is disabled, all active Offer Purchases will be automatically canceled. MottaPhones Store reserves the right, at any time and at its sole discretion, to request the submission of personal documentation.

                                

10. RESPONSIBILITIES

                                

10.1 MottaPhones Store is not the owner of the products and/or services offered by Virtual Retail Partners, does not hold possession of them and does not make offers/sales on their behalf. Nor does it intervene in the delivery and/or use of products and/or services purchased through the platform.

                                

10.2 The MottaPhones Store is not responsible, at the time of delivery and/or use, for the existence, quantity, quality, condition, integrity or legitimacy of the products offered by the Partners and purchased by the Users, as well as for the Users' ability to contract or for the veracity of the personal data entered by them in their registrations.

                                

10.3 MottaPhones Store shall not be liable for the effective fulfillment of the obligations assumed by USERS. USERS and USERS' contacts acknowledge and accept that when opting for and choosing products and/or services from Virtual Stores, they do so at their own risk. Under no circumstances shall MottaPhones be liable for lost profits or any other damage and/or loss that the USER may suffer due to purchases made through the platform.

                                

10.4 MottaPhones Store recommends that all transactions be carried out with caution and common sense. The USER and their contacts must weigh up the risks of purchasing products and services.

                                

10.5 Considering, further, the impossibility of full and uninterrupted operation of any telecommunications or IT system, 365 days a year, 24 hours a day, in this fragile situation also including, due to its complexity, the provision of the services that are the object of this Agreement, including due to the dependence on telecommunications services provided by third parties, the MottaPhones Store does not guarantee, in any way, the provision of the service in an uninterrupted and/or error-free manner.

                                

                                 

                                

Team, MottaPhones Store