Terms and Conditions

Welcome to Andalus Tech Market


1. Hello, we’re Andalus Tech Market, and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘Andalus Tech’ it’s because that’s who we are and we own and run the Andalus Tech Market site.

2. Andalus Tech’s ecosystem of digital marketplaces helps people around the world get what they want. When you create an account and accept these terms you become a member of our community. You will have a Andalus Tech Market account that will allow you to buy items like the ones found on the Andalus Tech Market site and make other related transactions.

3. The Andalus Tech Market sites are platforms that allow members to buy licenses to use digital items like website themes, mobile code, motion graphics project files, software code, vectors, images, and much, much more. On Andalus Tech Market, buyers and Us transact with each other directly and we provide the platform to allow the transactions to happen. If you have a Andalus Tech Market account, any transactions are logged on your member’s statement, which records the payments made by you to Us via Andalus Tech Market (as a buyer).

4. The items on Andalus Tech Market are owned by Us Only. We do take ownership of the all 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 Andalus Tech Market site is conditional on your acceptance to be bound by these terms and the Privacy Policy whether you become a member or not.

Andalus Tech Website

6. Preview Files: If you stream or download a preview file from our Andalus Tech Market site, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from Andalus Tech Market site and not for any other purpose.

How browsing and membership works

7. Browsing: You need to be 16 years or over to browse the Andalus Tech Market site. We don’t knowingly collect any information from anyone aged 16 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 Andalus Tech Market site whether or not you’re a member.

Membership

8. Age: 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 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.

9. Andalus Tech Account: Membership is free. Your membership will allow you to ‘buy’ (license) items from us, participate in our online forums, and generally contribute to our ecosystem of Andalus Tech Market site that help people get creative. Membership also gives you the opportunity to become an buyer.

10. Your responsibility: You promise that the information you give us is true, accurate, and complete, and, if you sign up for a Andalus Tech Market account, you will keep your account information up-to-date (including a current email address). Your membership is not transferable, which means you cannot sell your account. You are responsible for any use of the Andalus Tech Market site including any activity that occurs in conjunction with your username and password, if you have a Andalus Tech Market 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.

It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the Andalus Tech Market Terms carefully.

How buying items works

This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Andalus Tech Market.

12. What you're buying:

License: 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 us to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Andalus Tech Market. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be a Andalus Tech Market member). Different license types are available for you to choose from 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.

Item support: We can choose whether or not to support certain items. If an we chooses to support an item, this will be identified on the item page.  All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires a Andalus Tech Market account.

To learn more about item support, like what items are covered, what authors provide, the support period, and support extension options, see the item support policy.

Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Andalus Tech like 24/7 buyer support, fraud protection, item quality control, and other related buyer services.

You can read more about the awesome buyer services buyers get from us over at Why Buy From Us information page.

13. The total price for an item on Andalus Tech Market 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 Andalus Tech Market may be subject to tax that may be added to the price. See section 22 for details about taxes on Andalus Tech Market.

The list price is made up of the item price and buyer fee and is the price you see on an item page.

Transacting as a buyer:

14. If you have a Andalus Tech Market account, you can make payments by using the ‘Buy Now’ function or by using any existing Andalus Tech Credits in your Andalus Tech Market account.

17. When using Buy Now you will be redirected to a payment method provider.

18. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Andalus Tech Market. 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 Andalus Tech Market, which we have no control over.

19. Terms of buying: When you buy a Andalus Tech Market item you’re doing so on the following terms:

you warrant to us 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 and the authors do not promise that any particular item will continue to be available on Andalus Tech Market 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);

we retains ownership of the item;

your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services; and

we have the right to enforce against you the terms of the license that you have acquired from us.

It is important that you understand the terms on which you are making a purchase.

20. Warranties we make:

We warrant that the Andalus Tech Market site will be suitable for the purposes described on the site and that we will provide our platform services with reasonable skill and care.

We otherwise do not make any express or implied warranties about the Andalus Tech Market site.

21. Warranties we make:

the item is of acceptable quality and fits for the purpose for which it is 'sold';

the item matches the description given by the author on the item preview page, as well as any item preview;

they will honor any express warranties given to you that are not contained in these terms;

they have the rights necessary to license that item on the terms of the 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 that are designed to limit or destroy the functionality of other computer software or hardware;

if the item is marked as 'supported', they will provide you with the services as outlined in the item support policy;
they will process your data in accordance with applicable privacy law and data protection regulations.
This is what authors are promising you when you buy an item.

22. Taxes:

Sales Tax. Prices and fees made for supplies made to you (by Andalus Tech) in connection with these terms exclude consumption and sales taxes (Sales Tax). If a supply is made to you under or in connection with these terms on which Sales Tax is imposed, the fee you must pay for that supply is increased by the Sales Tax amount.

Other taxes. You are responsible for paying all such taxes and imposts associated with your use of Andalus Tech Market wherever levied. Your responsibility includes withholding tax if it applies unless we have already processed that withholding tax.

If withholding is required by applicable law, you will remit the legally required amount to the applicable taxing authority; you must pay to Andalus Tech the gross amount on the invoice(s) such that the amount received by Andalus Tech after the withholding tax is applied is the full amount Andalus Tech would have received if no withholding or deduction had been made (and it is your responsibility to arrange the remittance of the gross invoice amount in accordance with Andalus Tech’s standard processes).

23. Andalus Tech Credits expire: Andalus Tech Credits expire if not used within 12 months from the date of purchase, and will be forfeited on the 12 month anniversary of the purchase date. We generally try to tell you beforehand when Andalus Tech Credits are going to expire and be forfeited, but this is not always possible and don’t promise to warn you. Check your member’s statement regularly for details of expiry dates. If you have different rights under applicable consumer law, we don’t exclude them.

If you haven’t used your Andalus Tech Credits within 12 months they may expire.

24. 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

25. No refund will accepted unless we accept that.

26. If you want to refund your money you must contact us first and deal with us.

27. You can't refund your money if we do not accepted the refund.

28. If you try to refund your money from your payment provider your account will be be banned for ever.

29. You can't ask Andalus Tech Market to force us to accept the refund that you want.


Intellectual Property

31. What we own: We own all the Andalus Tech content that we have put on Andalus Tech Market. This includes the design, compilation, look and feel of the Andalus Tech Market site, and copyright, trademarks, designs, and other intellectual property on Andalus Tech Market. We own all the trademarks, logos, service marks, and trade names on Andalus Tech Market. You will not copy, distribute, modify or make derivative works of any of our Andalus Tech Content or use any of our intellectual property in any way not expressly stated in these terms.

Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on Andalus Tech Market including copyright and other rights.

34. Model and property releases: Items are available for commercial use (unless stated otherwise by us on an item page). We are responsible for obtaining and keeping a model or property release if one is needed; please ask us directly if you need a copy of a release.

35. Help File Documentation:

Every item in Andalus Tech Market requires a basic documentation file to help customers use your item.

36. Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy

Our Privacy Policy explains how we deal with your information.

37. Confidential Information: We value your information and take reasonable precautions to protect it. While using the Andalus Tech Market, 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 Andalus Tech Market to any other person.

Playing fair

38. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the Andalus Tech Market or in any public communications via the Andalus Tech Market site. Contact details include your email address, street address, Skype name, and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk!

Legal Housekeeping

44. Eligibility, suspension, or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may use reasonable discretion, to decide whether or not your use of Andalus Tech Market complies with these terms and our policies. We can suspend or terminate your Andalus Tech Market account at any time for any reason (acting reasonably of course), including if you:

breach these terms or any terms applicable to any of your other Andalus Tech accounts;
breach any of our policies (or policies of any other Andalus Tech Company);
act in a way that does not align with the values of our community; or
act in a way that could cause us or members harm.
If we do decide to permanently terminate your Andalus Tech Market account you must not apply for a new account as unfortunately, you will no longer be welcome in our community. This decision may also apply to all of the Andalus Tech accounts you use on other Andalus Tech site.

45. Andalus Tech Company: If an indemnity, limitation, or disclaimer of liability, warranty, or release (a 'benefit') is given in our favor in these terms, we hold that benefit on trust for the other Andalus Tech Company. We may enforce that benefit as trustee for and on behalf of the other Andalus Tech Company as beneficiaries under that trust.


Liability and indemnity - between us and you

47. We provide the Andalus Tech Market site, the platform services and the items on the Andalus Tech Market site.

49. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:

the items on Andalus Tech Market;
your use of items from Andalus Tech Market.

50. Our liability to you in connection with Andalus Tech Market 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 to the greater of USD100 and the total buyer fees paid by you in the 12 months before liability accrued.
These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.

51. We grants to each buyer from our items a limited indemnity on the following terms:

53. Availability: We strive to have Andalus Tech Market available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Andalus Tech Market, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Andalus Tech Market works. The Andalus Tech Company will not be liable to you for any loss you suffer as a result of these things.

54. 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 the full legal authority to bind that third party.

55. 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 warranties 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).

56. Blocking a member, disabling an account, or refusing to process a payment. We may block you, terminate any of your Andalus Tech accounts, or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your Andalus Tech account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government, or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned person list. You also warrant that you will not purchase items on Weeb Market using funds sourced from a sanctioned country. 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 and against all of the Weeb accounts you use on other Weeb sites If required by law, we may forfeit existing deposits or earnings.

As our sites are global, there are different laws that may apply and these may restrict our relationship with you. See this Help Center article for some details.

57. US-specific controls. Andalus Tech Market is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department's list of Specially Designated Nationals List (SDN List). You must not export or re-export Andalus Tech Market items to a U.S. sanctioned country or to anyone on the SDN list.

58. 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. We are, however, an agent of the authors only for the limited purposes of collecting Buy Now payments (see section 45), the authors' providing warranties to buyers in section 21 - Warranties authors make, to limit authors' liability to buyers in section 51, and the disclaimer of authors' liability to buyers in section 54 - Consumer laws.

59. Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your Andalus Tech Market account email address.

60. Changes to Andalus Tech Market Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community 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 Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Weeb Market site after the changes are made, then you will be agreeing to the changes.

61. Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.

62. Applicable Laws: We control and operate Andalus Tech Market from our offices in Jordan. The laws of Jordan govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

Definitions

Buy:
includes downloading an item that is made available for free on Andalus Tech Market or that is purchased for you by another member.

Buy Now:
a way of purchasing an item using a payment provider (and not using existing Andalus Tech Credits)

Buyer:
a person who ‘buys’ items on Andalus Tech Market.

Andalus Tech:
Andalus Tech Market website.

Andalus Tech Company:
Andalus Tech that controls is controlled by or is under common control with Andalus Tech.

Andalus Tech content:
is all the content that we have put on Andalus Tech Market and includes the design, compilation, and look and feel of the Weeb Market, and copyright, trademarks, designs, and other intellectual property on the Andalus Tech Market.

Andalus Tech Market:
When we refer to the ‘ Andalus Tech Market’ we’re talking about the Andalus Tech digital marketplaces.

Andalus Tech Market account:
what you receive when you become a Member which gives you access to any of the  Andalus Tech Market site.

EU Member State:
the countries listed here: https://europa.eu/about-eu/countries/index_en.htm

Handling fee:
the fee buyers may pay when using a payment method (other than existing Andalus Tech credits).

Item price:
the price buyers pay for the license to use an item, as detailed in section 12(a).

Item support:
the support an author agrees to provide Andalus Tech Market account holders for an item marked as ‘supported’ as detailed on the item support page.

Items:
digital goods found on Andalus Tech Market like WordPress themes, PHP Scripts, Mobile project files, photography, and much, much more.

List price:
the price you see on an item page on Andalus Tech Market, which is made up of the item price and buyer fee.

Member:
a person who signs up by creating an account and accepting these terms.

Member’s statement:
the record of payments by you to Andalus Tech (as a buyer).

Payment method:
any payment agent or method we make available on the Andalus Tech Market.

Total price:
the price the buyer will pay in total, which consists of the item price, Andalus Tech buyer fee and handling fee (if applicable), and any taxes that may be added, as detailed in section 13.

Your content:
everything that you post on the Andalus Tech Market, or send via the Andalus Tech Market to other members and to us including items, files, communications, and materials.

Version 1.0.0 - Effective date: 28 Nov 2022.
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