Welcome to Goldsmartersmax’s website. Throughout this website, the terms “we,” “us,” and “our” refer to Goldsmartersmax. By using our website and services, you agree to be bound by the following terms and conditions (“Terms and Conditions,” “Terms”), Privacy Policy, Shipping Policy, and Return Policy. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any services.

When you visit our website, purchase one of our products, and/or use our tools, you engage in our “Service” and accept these Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms and Conditions carefully before using our website. If you use any of our services, you are agreeing to be bound by these Terms and Conditions and Privacy Policy. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

In addition, any new features or tools added to the current store will also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your use of the Service.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Failure to comply with any of the Terms will result in an immediate termination of your services and services provided by us to you.

2. General conditions

You understand that your content, including but not limited to text, graphics, images, and videos, may be transferred unencrypted and involve transmissions over various networks. As a result, changes to your content may be made to conform and adapt to the technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your personal information may be transferred to a third-party service provider to facilitate the provision of services on our behalf.

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate.

Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

3. Accuracy, completeness, and timeliness of the information

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Modifications to the service and pricing

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

5. Product Availability, Pricing, and Refund Policy

Certain products or services may only be available exclusively online through our website, and they may have limited quantities. Refunds or exchanges can only be made according to our Refund Policy.

Customers pay for the product as displayed on our website. Any additional services offered are free of charge and cannot be considered a part of the purchased product.

We have made every effort to display the colors and images of our products as accurately as possible in our store. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction at our discretion. We may limit the quantities of any products or services we offer and change product descriptions and pricing at any time without notice. We also reserve the right to discontinue any product at any time, and any offer made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations.

In the case of a refund, the customer loses all rights to use the logo, and the received files and documents become invalid. The rights automatically transfer back to the seller of the logo, and the logo is put up for sale again.

6. Payment and Commission

Goldsmartersmax takes 18 percent of each sale, which is used to improve the platform. We retain control of the store, sellers, and products. If a seller’s product does not meet our standards, we will remove it or contact the seller immediately. While direct contact between customers and sellers is allowed, we act as an intermediary. If any issues arise, we do not provide support.

If a client requests revisions or design changes on an order, the seller must make these changes. If the seller fails to respond to client or Goldsmartersmax staff messages/instructions or design changes within two (2) business days, Goldsmartersmax may choose to assign the work to another designer or staff designer, and the seller will lose all or most of the earnings from that sale.

Upon the sale of a product, the seller will receive 82 percent of the payment, and it may take 7 to 23 days for the seller to receive their commission. We only pay vendors through PayPal. The payment will be sent to the linked PayPal account of the Vendor, which the seller must set on the vendor dashboard. If the email address is incorrect, we will contact the vendor and notify them of the issue. It is the seller’s responsibility to provide a correct email address. If the incorrect email address is not changed due to any reason, Goldsmartersmax is permitted to keep the remaining commission percentage. It is the responsibility of the seller to provide accurate information.

7. Order Limitations and Information Accuracy

We reserve the right to refuse any order placed with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you via email, billing address, or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors in our sole judgment.

You must provide accurate, complete, and current purchase and account information for all orders made at our store. It is your responsibility to keep your account and other information up to date, including your email address, credit card numbers, and expiration dates, to ensure that we can process your transactions and contact you as necessary.

8. Optional tools

We may offer you access to third-party tools that we do not monitor, control, or have any input in.

You acknowledge and agree that these tools are provided “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement from us. We shall not be liable for any issues arising from or related to your use of these optional third-party tools.

If you choose to use any optional tools offered through the site, you do so at your own risk and discretion. You should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third-party provider(s).

9. Content Restrictions

Sellers are restricted from uploading AI-generated content to Goldsmartersmax. All content uploaded to Goldsmartersmax must be unique and created by the seller. Any infringement of intellectual property rights, including copyright, trademark, or patent, will result in the removal of the infringing content and possible suspension or termination of the seller’s account. We take copyright infringement very seriously and will not hesitate to take legal action if necessary.

Sellers are responsible for ensuring that their products are accurate, complete, and comply with all applicable laws and regulations.

10. Third-Party Content and Links

Some of the content, products, and services available through our Service may be provided by third parties.

This site contains links to third-party websites that are not affiliated with us. We do not examine or evaluate the content or accuracy of these websites, and we will not be held responsible for any third-party materials, products, or services.

We cannot be held liable for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We advise you to carefully review the policies and practices of the third-party website and ensure you understand them before engaging in any transaction. If you have any complaints, claims, concerns, or questions regarding third-party products, you should contact the third party directly.

11. Accuracy of Information

While we strive to ensure the accuracy of information provided on our site or in the Service, there may be typographical errors, inaccuracies, or omissions in product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders without prior notice, including after you have submitted your order.

We are not obligated to update, amend, or clarify any information in the Service or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date in the Service or on any related website does not imply that all information has been modified or updated.

12. Prohibited uses

In addition to other prohibitions, as set forth in the Terms & Conditions, you are strictly prohibited from using the site or its content for any unlawful purpose or in a manner that violates any international, federal, provincial, or state regulations, rules, laws, or local ordinances. You are also prohibited from engaging in any of the following activities:

(a) Soliciting others to perform or participate in any unlawful acts; (b) Infringing upon or violating our intellectual property rights or the intellectual property rights of others; (c) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (d) Submitting false or misleading information; (e) Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the website or any related website, other websites, or the Internet; (f) Collecting or tracking the personal information of others; (g) Engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (h) Using the site or its content for any obscene or immoral purpose; (i) Interfering with or circumventing the security features of the website or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the website or any related website for violating any of these prohibited uses.

13. Limitation of Liability

We cannot guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We also cannot guarantee the accuracy or reliability of the results obtained from the use of the service.

You acknowledge and agree that we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of the service is at your sole risk. The service, all products, and services delivered to you through the service are provided on an “as is” and “as available” basis, without any representation, warranties, or conditions of any kind, either express or implied. We do not make any warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement unless expressly stated by us.

In no event shall Goldsmartersmax, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, loss of data to other parties due to illegal activities against our website, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product. This includes any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

14. Indemnification

By using our website and services, you agree to indemnify, defend, and hold Goldsmartersmax, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related to your breach of these Terms & Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third party.

15. Severability

In the event that any provision of these Terms & Conditions is deemed unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such a determination shall not affect the validity or enforceability of any other provisions that remain in force.

16. Termination

The parties’ obligations and liabilities incurred prior to the termination date will continue to apply even after the termination of this agreement for all purposes.

These Terms & Conditions will remain in effect unless and until either you or we terminate them. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services or when you stop using our site.

If we determine, at our sole discretion, that you have failed to comply with any term or provision of these Terms & Conditions, or if we have reason to suspect that you have failed to comply, we may terminate this agreement at any time without notice. You will still be responsible for any outstanding amounts owed up to and including the date of termination, and we may also deny you access to our Services (or any part thereof).

17. Waiver

The failure of Goldsmartersmax to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Entire Agreement:

These Terms and Conditions, along with any policies or operating rules posted on this site, constitute the entire agreement and understanding between you and Goldsmartersmax and govern your use of the Service. These Terms and Conditions supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Goldsmartersmax (including, but not limited to, any prior versions of the Terms and Conditions).

Interpretation:

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

18. Governing law

These Terms and Conditions, as well as any separate agreements through which we provide services to you, will be governed by and construed in accordance with applicable laws.

19. Changes to Terms & Conditions

You may review the latest version of the Terms & Conditions on this page at any time.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to regularly check our website for updates. Your continued use of or access to our website or services following the posting of any changes to these Terms & Conditions signifies your acceptance of those changes.

If you have any questions about our Terms & Conditions, please contact us.