User agreement

In this User Agreement:

1. Introduction

2. About Mobilegauges

3. Fees and Taxes

4. Purchase Conditions

5. International Buying,

6. Content

7. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

8. Authorization to Contact You; Recording Calls

9. Additional Terms

  • Returns and Cancellations
  • Mobilegauges Money Back Guarantee

10. Managed Payments

11. Disclaimer of Warranties; Limitation of Liability

12. Indemnity

13. Legal Disputes

14. General

1. Introduction

This User Agreement, the Mobile Application Terms of Use, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which Mobilegauges offers you access to and use of our Services. The Mobile Application Terms of Use, all policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is: Bsafe Electronics Design SRL-D,Str. Surorile Martir Caceu, no.10, 300585,Timisoara,Timis, Romania.

In this User Agreement, these entities are individually and collectively referred to as “Mobilegauges,” “we,” or “us.”

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see  “Legal Disputes, Section B” (“Agreement to Arbitrate”)). If you do not opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

2. About Mobilegauges

Mobilegauges is a platform that sells boat gadgets in a variety of pricing formats and locations.

Any guidance we provide as part of our Services, such as pricing, shipping, and options is solely informational and you may decide to follow it or not. Mobilegauges has no control over the installation and recommends to use the User Manual and an authorized technician or service qualified for the installation.

3. Fees and Taxes

The fees we charge for using our Services are listed on our Standard service fees page. We may change our seller fees from time to time by posting the changes on the Mobilegauges site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

You must have a payment method on file when buying through Mobilegauges Services and pay all fees and applicable taxes associated with our Services by the payment due date. Buyer fees purchase exclusive rights to the item purchased on Mobilegauges, whether on a web page, mobile app, or otherwise. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit.

4. Purchase Conditions

When buying an item on Mobilegauges Services, you agree that:

  • You are responsible for reading the full item listing before commitment to buy,
  • You enter into a legally binding contract to purchase an item when you commit to buy an item

5. International Buying

All our Services are accessible internationally. We offer certain programs, tools, and site experiences of particular interest to international buyers, such as estimated local currency conversion and international shipping calculation tools. If you purchase an item on a Mobilegauges site other than Mobilegauges.com, you are subject to the User Agreement of that other site with respect to that particular purchase.

If you purchase an item on a site that is different from your registration site Mobilegauges.com, you are subject to the User Agreement and applicable policies of that other site with respect to that particular purchase.

The ways that we will make Mobilegauges.com listings available to international buyers on Mobilegauges.com through the global shipping. For eligible locations, we will simply ship the item to a parcel processing facility located near you after receiving notification of payment from the buyer

You consent to the disclosure of certain personally identifiable information, as well as order information, by Mobilegauges and to the shipping provider, in connection with the processing, export and customs clearance, and international transportation of any item. Mobilegauges does not control the privacy policies of the shipping provider, its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable.

Additional information about the program, including policies governing feedback, the handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer protection claims for items, will be handled by Mobilegauges support.

6. Content

We offer product data (including images, descriptions and specifications). You may use that content solely in your Mobilegauges account. Mobilegauges may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We offer reliable product data, accurate, complete, and up-to-date.

The name “Mobilegauges” and other Mobilegauges marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Mobilegauges in all the countries. They may not be used without the express written prior permission of Mobilegauges.

7. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement. Mobilegauges’s Verified Rights Owner program works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.

8. Authorization to Contact You; Recording Calls; Analyzing Message Content

Mobilegauges may contact you using auto-dialed or prerecorded calls and text messages, at any telephone number that you have provided us, to (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Mobilegauges may also contact you using auto-dialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions) if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by the User Privacy Notice. As described in our User Privacy Notice, Mobilegauges may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and auto-dialed non-marketing calls to any landline.

Mobilegauges may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using auto-dialed or prerecorded calls and text messages, only as authorized by Mobilegauges to carry out the purposes identified above. Mobilegauges may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Mobilegauges or its agents for quality control and training purposes, or for its own protection.

9. Additional Terms

Returns and Cancellations

Mobilegauges accept replacements, returns, and refunds under certain circumstances. You agree to comply with our returns policy. When an item is returned, to refund the buyer, we Mobilegauges request that PayPal or bank account remove the refund amount (in the same or other currency), according to the amount on the invoice.

Mobilegauges Money Back Guarantee

Most Mobilegauges sales go smoothly, but if there’s a problem with a purchase, the Mobilegauges Money Back Guarantee helps buyers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any Mobilegauges Money Back Guarantee case.

Mobilegauges Money Back Guarantee means you’re protected if the item you ordered didn’t arrive, is faulty or damaged, or doesn’t match the listing. You’ll get your money back. For all the details of how the eBay Money Back Guarantee works, please see our full policy guidelines below.

10. Managed Payments

When we enable your account for managed payments, to continue to buy on Mobilegauges, as directed by the payments entity, each transitioned Mobilegauges we will:

  • provide the payments entity with information about you and/or your business to meet its compliance requirements, including those involving identity verification, anti-money laundering controls, and sanctions screening as required by applicable laws and policies; and
  • pass such verification and screening and otherwise meet the compliance requirements of the payments entity, as determined by the payments entity; and

In addition:

  • the payments entity may obtain information about you from third parties to verify your identity, comply with anti-money laundering and sanctions screening obligations, and for other purposes in connection with managed payments
  • the payments entity may use third-party payments service providers to assist it in providing managed payments services, including companies that process payments, perform risk assessments (such as credit agencies) or compliance checks, verify identity, and validate payment methods. Mobilegauges, the payments entity, and their affiliates may send personal data associated with you and your account to such third-parties

You as a buyer completing a purchase:

  • You may pay for such items using those payment methods that the payments entity makes available, and the payments entity will manage settlement to us.
  • In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, compliance with economic or trade sanctions, in connection with Mobilegauges’s internal risk controls or due to potential violations of any policy of Mobilegauges or the payments entity, or policy of one of the payments entity’s third-party payments services providers
  • Mobilegauges, the payments entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on Mobilegauges Services when you make a purchase, redeem a coupon or make any other transaction on Mobilegauges Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on Mobilegauges Services. At any time, you can update your card information or enter the new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the Personal Information section under the Account tab in My Mobilegauges. You are responsible for maintaining the accuracy of information we have on file, and you consent to Mobilegauges updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use.
  • You may seek returns or cancellations on Mobilegauges Services, or file Mobilegauges Money Back Guarantee claims on Mobilegauges Services, in the same manner as you do for transactions for which the payments entity does not manage payments. The payments entity refunds amount paid for successful Mobilegauges Money Back Guarantee claims and returned or canceled transactions in cases where the original payment was managed by the payments entity. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks

You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payment services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the payments entity has no control over, or responsibility or liability for, such fees or actions.

11. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

You agree that you are making use of our Services at your own risk and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • your use of or your inability to use our Services;
  • shipping, format, or other guidance provided by Mobilegauges;
  • delays or disruptions in our deliveries;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • damage to your hardware device from the use of any Mobilegauges Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of items;

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

12. Indemnity

You will indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Mobilegauges’s Services or your breach of any law or the rights of a third party.

13. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MOBILEGAUGES HAVE AGAINST EACH OTHER ARE RESOLVED. You and Mobilegauges agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Mobilegauges that relates in any way to or arises out of this User Agreement, your use of or access to the Services, the actions of Mobilegauges, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Mobilegauges, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and Mobilegauges each agree that any and all disputes or claims that have arisen, or may arise, between you and Mobilegauges that relate in any way to or arise out of this User Agreement, your use of or access to the Services, the actions of Mobilegauges, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND MOBILEGAUGES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND MOBILEGAUGES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Mobilegauges’s right to appeal the court’s decision. All other claims will be arbitrated.

  1. Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Mobilegauges user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  1. Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

  1. Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Mobilegauges prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Mobilegauges. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Mobilegauges.com at least 30 days before the effective date of the amendments and by providing notice through the Mobilegauges Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or court order, you agree that any claim or dispute that has arisen or may arise between you and Mobilegauges must be resolved exclusively by a state or federal court located in Timisoara, Romania. You and Mobilegauges agree to submit to the personal jurisdiction of the courts located within Timisoara, Romania for the purpose of litigating all such claims or disputes.

14. General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such an event, we will post a notice on www.Mobilegauges.com.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.Mobilegauges.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Mobilegauges representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Mobilegauges Service.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such an account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Mobilegauges, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.