1. Registration and Account
Whoever wants to use our services, must complete the registration form with the required data. By completing it, he/she agrees to do so in an accurate, precise and true manner and to keep his/her data always updated. The User shall be solely responsible for the accuracy of his/her registration data. Without prejudice to the information provided in the form, we may request and/or consult additional information to corroborate the identity of the User.
The account is personal, unique and non-transferable, which means that under no circumstances may it be sold or transferred to another person. It is accessed with the personal security password chosen by the User, which must be kept strictly confidential. Therefore, the User shall be solely responsible for the operations carried out on his/her account. In case of detecting an unauthorized use of your account, you must immediately and reliably notify Freezun.com.
In case of detecting the use of more than one account, we may apply withholdings, debits and/or any other measure if we consider that such action may harm the rest of the people who use the Site or Freezun.com, beyond the penalties that may apply.
Our services may be used by persons of legal age who have the legal capacity to contract.
3. Content Policy
You understand that Freezun.com does not control, and is not responsible for, all articles, messages, comments, files, images, photographs, videos, sounds and all other materials («Content») posted or transmitted through or obtained from the Service, and that by using the site you may be exposed to Content that is offensive, indecent, inaccurate, misleading, deceptive or otherwise objectionable. In addition, the Freezun.com site and the Content available through the site may contain links to other sites, which are not affiliated with or under the control of Freezun.com. Freezun.com makes no representations or warranties as to the accuracy or completeness of the Content authenticity of the information contained in such sites. The connection that the User makes with other Web sites is entirely at the User’s own risk. The User agrees to evaluate and assume the risks associated with the use of the Content. You agree that you may not rely on such Content and that under no circumstances shall Freezun.com be liable for any Content or any loss or damage you may suffer as a result of your use of any Content posted, emailed or otherwise accessed by you through the Service.
may have accessed through the Service. You acknowledge that Freezun.com does not pre-screen or approve any Content, provided, however, that Freezun.com shall retain the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is made available through the Service that violates the design of the site or the Terms or for any other reason.
You are solely responsible for all Content posted, transmitted, or linked to from the Service and for the consequences of posting or transmitting such Content. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available through the Service. With respect to Content posted, transmitted, or linked to from the Service by you, you affirm, represent and/or warrant that: (i) you own or have the necessary patents, rights, permissions, to use and authorize Freezun. com to use any patent, trademark, trade secret, copyright or other proprietary rights in and to any Content to enable inclusion and use of the Content in the manner contemplated by the site and these Terms; and (ii) you have the written consent and/or permission of each person individually identified in the Content to use the name or likeness of each such identified individual; to enable your inclusion
and use of the Content in the manner contemplated by the site and these Terms. For clarification, you retain all ownership rights in your Content. However, by submitting Content to Freezun.com, you grant Freezun.com a worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform, in all cases in any and all media, formats, and devices known or to be known, the Content in connection with the Freezun.com site and Freezun.com’s (and its successors’) business, including the promotion and distribution of part or all of the Freezun.com site (and derivative works) in any media formats and through any media channels. You also grant each user of the Freezun.com site a non-exclusive license to access your Content through our site. The license you grant expires once you remove or delete the Content from the site.
Freezun.com does not share or endorse any Content or any opinion, recommendation, or advice given on the site, and Freezun.com expressly disclaims any and all liability in connection with Content posted by users of the site. Freezun does not permit any copyright infringing activity and/or infringement of intellectual property rights on the Site, and Freezun will, if properly notified, remove any Content that violates the copyright and/or proprietary rights of a third party. Freezun.com reserves the right to remove Content without notice. Freezun.com will block access to the site to a user who is reliably determined to be a repeat infringer. A repeat infringer is a user who has been notified of violating one and/or more of the Terms more than 2 times and/or who has had ads removed from the site on more than 2 occasions provided that Freezun.com can reliably determine that it is the same person.
Freezun.com reserves the right to decide whether or not Content is appropriate and compliant with the Terms with respect to other violations not related to copyright and/or intellectual property infringement, such as, but not limited to, pornography, obscenity or defamatory material, or excessive length. Freezun.com reserves the right to remove such content and/or remove the user’s ability to upload such material in violation of the Terms at any time, without notice and at its sole discretion.
4. Disciplinary measures
In the event that the User breaches a law or the Terms and Conditions, we may warn, suspend, restrict or temporarily or permanently disable his/her account, without prejudice to other sanctions established in the particular rules of use of Mercado Libre’s services.
5. Intellectual Property
Freezun.com and/or its related companies own all the intellectual property rights over its sites, all its content, services, products, trademarks, commercial names, logos, designs, images, advertising phrases, copyrights, domains, computer programs, codes, developments, software, databases, information, technology, patents and utility models, industrial designs and models, trade secrets, among others («Intellectual Property») and are protected by national and international laws.
Industrial designs and models, trade secrets, among others («Intellectual Property») and are protected by national and international laws.
Although Freezun.com grants permission to use its products and services as provided in the Terms and Conditions, this does not imply an authorization to use its Intellectual Property, except with the express prior consent of Freezun.com and/or its related companies. In any case, user sellers using such products and services may not use Freezun.com’s Intellectual Property in a manner that causes confusion in the public and must conduct their business under their own distinctive trademark or trade name, which is not confusingly similar to the Freezun.com trademark.
It is prohibited to use our products or services for illegal purposes, to perform any type of reverse engineering or derivative works, to use search tools or to extract data and content from our platform for reuse and/or to create your own databases that include all or part of our content without our express authorization. It is also forbidden to misuse, without authorization and/or contrary to current regulations and/or that generates confusion or implies denigratory use and/or that causes harm, damage or loss to Freezun.com and/or its related companies. The use of Freezun.com products and services does not imply authorization to use intellectual property of third parties that may be involved, whose use shall be the sole responsibility of the user.
In the event that a User or any publication infringes the Intellectual Property of Freezun.com or third parties, Freezun.com may remove such publication in whole or in part), sanction the user as provided in these Terms and Conditions and exercise the corresponding extrajudicial and/or judicial actions.
6. General Conduct
The User agrees not to advertise, send by email or otherwise make available content that:
6.1 Is contrary to law
6.2 Violates a patent, trademark, trade secret, copyright or other proprietary right of any person, or Content in respect of which the User is not entitled to make available to the public pursuant to any provision of law, contract or fiduciary relationship.
6.3 Is harmful, unlawful, threatening, abusive, harassing, defamatory, adult content, prostitution, pornographic, pedophilic, gambling-related, defamatory, invades the privacy of others or harms minors in any way.
6.4 Harasses, degrades, intimidates or is hateful towards an individual or group of individuals because of their religion, gender, sexual orientation, race, ethnicity, age or disability.
6.5 Impersonates another person or entity, including an employee, representative or agent of Freezun.com, or implies a misrepresentation or otherwise misrepresents the User’s relationship with a person or entity.
6.6 Include personal or identifying information of another person, without the express consent of the person mentioned.
6.7 Is false, misleading, deceptive, misrepresentative, misleading with respect to information or constitutes a form of «lure and then switch».
6.8 Constitutes or contains «affiliate marketing», a «link referral code», «junk mail», «spam», «chain letters», «pyramid schemes» or unsolicited commercial advertising.
6.9 Constitutes or contains any form of advertising or promotion if posted in areas or on categories of Freezun.com sites that are not designed for such purpose; or posted email to Freezun.com users who have requested not to be contacted regarding other services, products or commercial interests
6.10 Include links to commercial services or sites on the Web, except as specifically permitted by Freezun.com.
6.11 Advertises unlawful services or the sale of items the sale of which is prohibited or restricted by applicable law as the case may be.
6.12 Contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6.13 Disrupt the normal flow of dialogue with an excessive number of messages to the Service, which in any way adversely affects the ability of Users to use the Service.
6.14 Use confusing email addresses, or otherwise use Freezun.com branding or false headers or otherwise manipulate identifiers in order to disguise the origin of Content transmitted through the Service.
In addition, the User agrees to:
6.15 Not to contact persons who requested not to be contacted.
6.16 Not to «stalk» or otherwise harass others.
6.17 Not to collect personal data about other users for commercial purposes or contrary to law.
6.18 Not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download information from the Service or the Site, except for Internet search engines and non-commercial public files that comply with our robots.txt file.
6.19 Do not post Content that is not local or is otherwise irrelevant, post the same content or similar content repeatedly, or otherwise impose an unreasonable or disproportionate burden on our infrastructure.
6.20 Not advertise the same item or service in more than one rating category or forum in more than one metropolitan area.
6.21 Not attempt to gain unauthorized access to Freezun.com’s computer systems or engage in any activity that disrupts, downgrades, interferes with the performance or impairs the functionality of the Service or the Freezun.com website.
6.22 Not engage in any activity that is illegal under applicable law in the particular case.
7. Anti-Spam Policy
You understand and agree that the sending of unsolicited advertisements to Freezun.com email addresses or through Freezun.com’s computer systems is expressly prohibited by these terms and conditions. Any unauthorized use of Freezun.com’s computer systems is a violation of these terms and conditions and certain state and national laws. Such violations may subject the sender or its representatives to civil and criminal penalties.
8. Disclaimer of Warranties
The user expressly agrees that use of the Freezun.com site and the services shall be at the user’s sole risk. The Freezun.com site and the service are provided on an «as is» or «as available» basis, without warranty of any kind. To the fullest extent permitted by law, Freezun.com, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and its use. Freezun.com makes no warranties or representations as to the correctness, accuracy or timeliness of the content of the site, or the sites or service accessed through links on the Freezun.com site and assumes no responsibility for errors, inaccuracies of content, personal injury or property damage, or damage of any nature resulting from your access and/or use of the site, unauthorized access and/or use of our secure servers and/or to any personal and/or financial information stored therein, any interruption or
cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like that may be transmitted from or through our site by a third party, and/or, any errors or omissions in the content or for any loss or damage of any kind incurred as a result of the use of the content posted on the site, email sent through the site, transmitted or made available through our site
9. Liability Limitation
In no event shall Freezun.com be liable for any direct, indirect, incidental, consequential or punitive damages (even if Freezun.com has been advised of such damages), resulting from any aspect of your use of the Freezun.com site or service, whether the damages arise from your use or misuse of the Freezun.com site or service, your inability to use the Freezun. com site or service, whether the damages arise from the use or misuse of the Freezun.com site or service, the inability to use the Freezun.com site or service, or the interruption, suspension, modification, alteration or termination of the Freezun.com site or service. Such limitation shall also apply with respect to damages incurred as a result of other services or products received through or advertised in connection with the Freezun.com site or service or links on the Freezun.com site, as well as information or advice received through the Freezun.com site or service or as a result of information or advice received through or advertised in connection with the Freezun.com site or service or one of the links on the Freezun.com site. The foregoing limitations shall apply to the fullest extent permitted by law. You specifically acknowledge that Freezun.com shall not be liable for content posted by users, nor for the offensive, defamatory or illegal conduct of any third party and that the risk of harm from the foregoing rests entirely with you.
10. Cession of rights and obligations
These terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Freezun.com without restriction.
You affirm that you are either over the age of 18, or an emancipated minor or that you possess legal permission from your parent and/or guardian and that you are fully qualified and competent to enter into
these terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any event, you represent that you are over the age of 13, as the Freezun.com site was not designed for children under the age of 13. If you are under 13, then please do not use the Freezun.com site, there are many other sites that are great for you, talk to your parents about which sites are appropriate for you.
12. Personal data and privacy rules
12.1 Data collection
Freezun.com only collects personal data that the User sends us voluntarily and for a specific purpose. The User may provide us with data as a form of registration for a service, or when making calls or inquiries by telephone or any other means of communication. The data will be used so that the Internet User, who publishes information on the Freezun.com site, can be contacted by the person interested in acquiring goods or services related to the information published. Likewise, the data may be used for Freezun.com to contact Users in order to provide information about changes and/or news and/or request information about the experience in the use of the website. These data will not be used for any purpose other than that for which they were collected at each time, except where otherwise required by law. If the User has given permission, his/her data may be shared with other subsidiaries or affiliates of Freezun.com. When the User uses this Site, we store data on our servers to enable connection and for security purposes. This data may include the name of your Internet service provider, the website you used to link to this Site, the Freezun.com websites you have visited, the websites you visit from our site, and the websites you visit from our site.
Visits from our site. This data could possibly lead to your identification, but we generally do not. We use the data periodically for statistical purposes, but we maintain the anonymity of each individual user.
Anonymity of each individual user so that the person cannot be identified. Personal data is collected only if the User provides it to us, through registration, form filling or e-mails, as part of a request for further information, inquiries or requests about this Site and similar situations where the User has chosen to provide such information to
We will retain control and responsibility for the use of any personal data you provide to us and will only use it to contact you electronically or by telephone. Some or all of this data may be stored or processed on computers located in other jurisdictions, whose data protection laws may differ from the jurisdiction of the User’s domicile.
12.2 Storage of data
Personal data that the User may have provided to Freezun.com will be stored for the time required for the purpose for which it may have been requested by Freezun.com or provided by the User. Such data will be used only for the purpose of providing the information or evacuating the consultation that the User has requested or for other purposes for which the User has consented, unless otherwise provided by law.
12.3 Right of access, rectification and suppression
The User as the owner of the personal data has the right to exercise the right of access to the same free of charge at intervals of no less than six months, unless he/she proves a legitimate interest to that effect. Likewise, the User has the right to correct inaccurate personal data and to withdraw the consent given to Freezun.com for its use by requesting that such data be removed from the records in which they are stored. To access your personal data please contact our Privacy and Personal Data Protection Officer through our contact information. In such requests the owner of the data must, in any case, previously prove identity by attaching a copy of the national identity document.
Freezun.com is aware of the importance for the User of the confidentiality and security of your personal data generated by the use of this Site. To this end, we take technical and organizational security precautions to protect your personal data from manipulation, loss, destruction or access by unauthorized persons. Our security procedures undergo continual review based on the development of new technologies.
14. Protection of minors
In view of the importance of protecting the privacy of minors, we do not collect, process or use on this site any information relating to any individual we know to be a minor without the prior verifiable consent
of his or her legal representative. Such legal representative has the right, upon request, to view the information provided by the minor and/or to request that the information be deleted or corrected.
15. Freezun.com Software Terms
The following terms apply to any software and any related documentation that we make available to you in connection with the Freezun.com Services.
15.1 Use of Freezun.com Software
15.2 Use of Third Party Services
When you use the Freezun.com Software, you may also be using the services of one or more third parties, such as a cell phone service operator or cell phone software provider.
15.3 Unauthorized Reverse Engineering
You may not reverse engineer, disassemble or decompile, tamper with or circumvent the security mechanisms associated with the Freezun.com Software, either in whole or in part.
We may provide automatic or manual updates to the Freezun.com Software at any time without notice.
Terms shall govern over that portion of the Freezun.com Software for the duration of the conflict.
16. Electronic Communications
Any time you use a Freezun.com Service or send us emails, text messages and other communications from your mobile or desktop device, you are communicating electronically with us. You agree to receive electronic communications from us through emails, text messages, automatic mobile device alerts, notices and messages from this site or through other Freezun.com Services, such as our Message Center, copies of which you may keep for your records. You agree that all agreements, notices, statements and other communications that we provide to you electronically comply with legal requirements for written form.
17. Description of the products
Freezun.com attempts to be as accurate as possible. However, Freezun.com does not warrant that product descriptions or the content of any other Freezun.com Service are accurate, complete or reliable, or that they are current or error-free. If a product offered by Freezun.com does not meet the description, your sole remedy is to return the product unused.
18. Site policy, modification and severability
19. Jurisdiction and Applicable Law
These Terms and Conditions are governed by local law. Any dispute arising from their application, interpretation, execution or validity shall be resolved by the competent ordinary national courts, seated in the capital city, except as specifically provided by rules of public order, such as, for example, legislation relating to the Consumer
20. Pricing Policy
20.1 General Pricing
Our prices are constantly changing. «Listed price» means the suggested retail price of a product as provided by a manufacturer, supplier or seller. We periodically check listed prices against prices recently found on Freezun.com and other stores. Some products may show a «Previous Price», which is determined by the product’s recent price history on Freezun.com.
20.2 Price confirmation
Mistakes with respect to products sold by Freezun.com, we cannot confirm the price of a product before you place your order. Although we use our best efforts, a small part of the products in our catalog may be incorrectly priced. If the correct price of a product sold by Freezun.com is higher than what appears on the page, at our discretion, we will contact you before shipping the product or cancel the order and notify you of the cancellation.
20.3 Fair Website Pricing
Seller is responsible for setting the prices of its products on the Freezun.com websites. We want to be the most customer-focused company in the world and, to that end, we strive to offer customers the widest selection of products at the lowest possible price and with the fastest possible delivery, and Sellers play an essential role in this regard.
We carry out regular price checks of the products published on our Freezun.com websites, including shipping costs, and compare them with other prices available to customers. If we detect pricing practices on an offer on the Freezun.com website that may harm customer confidence, we may remove it from the website, suspend the shipping option or, in the event of a repeat offence, temporarily or permanently suspend the seller’s selling permissions.
Pricing practices that may harm customer confidence include, but are not limited to, the following:
- Setting a reference price on a product or service that misleads or confuses the customer.
- Setting a price that is significantly higher than the prices currently offered on Freezun.com or other sales channels.
- Selling multiple units of a product at a higher unit price than a single unit of that product.
21. Fulfillment of Membership Benefits
21.1 For full compliance with the benefits of our memberships your payments must be up to date month to month.
21.2 You must not have violated any of our policies.
21.3 You must comply with the necessary requirements for the sale of your items on the Freezun.com platform.
21.4 The products you ship must meet the specifications and details given at the time of opening the online store.