Updated: 27th October 2020
The following terms and conditions (the "Agreement") govern all use of the www.m2epro.com website (the "Site") and the products (the "Product") and services (the "Service") available on the site or/and available through Magento's application marketplace called 'Magento Marketplace' which can be accessed through "Magento marketplace" URL. In this "Agreement", "You" or "Your" means the person accepting this "Agreement" and the company (if any) on whose behalf he/she is acting, and "We," "Us," "Our," or "Company" means M2E Limited.
Our "Service" is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized software reproduction, any code amendment, code customization or distribution of the software, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under English law.
Privacy and Cookies
“You” agree that there is no requirement to translate all or any portion of “Service”, “Product” or “Site” into any other language than the ones in which it appears. “You” further agree that all contractual and transactional communications between “You” and “Us” shall be in the English language, and that there is no requirement to translate any communication into any other language.
Governing Law and Jurisdiction
This “Agreement” will be construed in accordance with and governed by the laws of Country of England. Any legal action or proceeding relating to access to, or use of, the “Service”, the “Site”, the “Product” is subject to the exclusive jurisdiction of England.
By using or accessing any part of the “Service”, “You” agree that “You” are at least eighteen (18) years old and have read, have understood, and have agreed to be bound by all of these terms and conditions. If “You” do not agree to all of these terms and conditions, “You” must not use or access “Service”, “Product” or “Site”. If “You” are entering into this “Agreement” on behalf of a company, “You” represent that “You” have the authority to bind that company to the terms of this “Agreement”.
“We” reserve the right, in “Our” sole discretion, to modify or replace any of the terms or conditions of this “Agreement” at any time. “Your” continued use of the “Service” following the posting of any changes to this “Agreement” constitutes “Your” acceptance of those changes and “You” are responsible for reviewing those terms as “We” notify “You” about them. Some products or services that become available at the “Site” or via “Service” may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with this “Agreement”, those additional terms and conditions will control.
“We” reserve the right to modify or terminate the “Service” for any reason, without any notice and at any time. “We” reserve the right to refuse “Service” to anyone for any reason at any time.
“You” will not (nor permit anyone else to, directly or indirectly):
Disclaimer of Warranties
You expressly understand and agree that:
Limitation of Liability
“You” expressly understand and agree that the “Company” and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from:
Except for the indemnification obligations of the parties set out herein, to the fullest extent permitted by applicable law, under no circumstances shall either party be liable to the other party on account of any claim (whether based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, the failure of any limited remedy to achieve its essential purpose, or otherwise) for any special, consequential, incidental, or exemplary damages, including but not limited to lost profits, even if a party has been advised of the possibility of such damages. Except for the indemnification and confidentiality obligations of the parties set out herein, in no event shall either party's liability exceed an amount equal to the fees paid by licensee under this agreement. If “You” are dissatisfied with the software “Your” sole and exclusive remedy is to discontinue use of the “Software”.
Modification to the Service and Prices
The “Company” may change, suspend, or discontinue all or any part of the “Service” at any time, with or without reason. “You” acknowledge that the operation of the “Service” may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and “We” shall not be responsible to “You” or others for any such interruptions, errors or problems or an outright discontinuance of the “Service”. Prices for using “Service” are subject to change upon 14 calendar days’ notice from the “Company”. Such notice may be provided at any time by posting the changes to the “Site” or by the announcement via email.
The Subscription Term is either a period of one year for an annual subscription, or a period of 30 calendar days (“one month”) for a “monthly” subscription. During the Subscription Term the Registered User receives permission to use the “Service” and the payment of the Subscription Fee is required. Annual subscriptions are renewed automatically unless canceled at least 45 calendar days of the annual subscription expiry date.
Subscription Fee is based upon the Subscription Plan that the Registered User has chosen. Fees are to be paid in advance and are non-refundable. When a user exceeds agreed monthly/annual allowance, - a variable fee is payable. M2E Pro fees are referenced to the total sales through eBay, Walmart and Amazon accounts connected to M2E Pro. Amazon FBA sales are excluded from billing. Customers who opt to use M2E Pro as an additional tool are doing so at their own discretion and are liable to pay their fees in full.
The “Service” is made available through a several subscription plans. All legacy ( pre-December 2020) subscription plans have now been discontinued. The “Company” retains the right to change subscription plans at any time by publishing the new pricing structure to the “Site” and notifying existing “Service” recipients by email. “Service” recipient will then get the option to accept the new subscription plan, or “Service” recipient has the right not to accept the new subscription plan in which case the “Service” for such recipient will get terminated after 30 calendar days following the new subscription plan announcement. It is the sole user’s responsibility to ensure that the chosen subscription level accurately reflects the actual service usage.
Subscription Upgrade / Downgrade / Switch
Upgrade for both annual and monthly subscriptions can be requested at any time and take place immediately, the subscription cost difference between lower and higher plans is collected.
Downgrade for both annual and monthly subscriptions can be requested at any time, the downgrade change is reflected in the next billing cycle. No refunds or credits are granted.
Switch from an annual subscription to monthly subscription must be requested by email, but no later than 14 calendar days of the annual subscription expiry date.
A “service” recipient may terminate "subscription" by giving the “Company” a termination notice. “Service” can be terminated at the end of the billing period or with an immediate effect.
To serve the termination notice, the recipient should log in to "My Account" section and press "Cancel Subscription" button. Once the cancellation has been initiated, the “service” recipient should receive a "cancellation request" confirmation email. Should the “service” recipient not receive the "cancellation request" email, he/she should contact the M2E Pro support team by email.
Free Subscription Plan
Merchants who have monthly sales (through accounts connected to M2E systems) of less than 1,000 (in their chosen, base currency) may subscribe to the subscription plan "Beginner" and use M2E Pro solution free of charge. However, once 1,000 (base currency) threshold is exceeded,the subscription fee will be charged in accordance with the next subscription plan, which is "Competent".
Sponsored "onboarding" or "data migration" projects
In some cases and in order to provide 1:1 assistance, we may pay 3rd party developers, Magento system integrators or digital agencies for help with "onboarding" or "data migration" projects. Clients who have benefited from sponsored "onboarding" or "data migration" projects are expected to remain “Service” recipients for the duration of 24 months from the date of "onboarding" or "data migration" project completion. If a client is willing to terminate his/her "Service" earlier then this client is liable for all the fees paid by "Company" to a 3rd party in relation to his/her account.
Automated Subscription Cancellation
The "Company" collects monthly fees by using automated billing system. Once a billing period has been completed, payment is taken automatically. If for some reason, a subscription payment has not been received, - our system will make 4 additional attempts over the period of 5 calendar days. If all attempts are unsuccessful, the subscription will be automatically terminated. The "Company" may charge an administration fee for a subscription re-activation. Avoidance of paying subscription fees for the service used may result in a legal action.
New users are given 30 calendar days (from the initial M2E Pro license registration) to decide whether they would like to continue benefiting from M2E Pro service. During initial (30 days) period no subscription is required and “the Service” (including that of support) is provided in full (without limitations). Once a subscription plan is chosen and a payment is submitted, - no refunds (full or partial) will be granted. Above described “refunds policy” is fully compliant with The U.K. Consumer Rights Act 2015 for “digital content”.