Legal | MotiveMarket.com

1. Introduction

The purpose of these General Terms of Use (hereinafter, “Terms”) is to regulate access to and use of the website https://motivemarket.com/ (hereinafter, the “Site” or "Motivemarket"), owned by Motive Commerce Search Corp S.L., with its registered office at Calle Jimena Fernández de la Vega, 101, Parque Tecnológico de Gijón, 33394, Asturias, and NIF B09764838 (hereinafter, “Motive”), as well as the services offered through it, which are described below.

By accessing or using the Site, you (hereinafter, the “User”) agree to comply with these Terms.

2. Scope of application and description of the Service

2.1 Through the Site, Motive provides a free product search and price comparison service to help the User make purchasing decisions. The products displayed on Motivemarket are offered by third-party online retailers and other product providers on the Internet that participate in Motivemarket (hereinafter, "Providers").

2.2 Motivemarket acts solely as a comparator without intervening in the purchase process. Motivemarket acts as an intermediary facilitating product visibility and the connection between Providers and Users, but it does not intervene in the final transaction or the payment process.

2.3 The product and price information is obtained from the Providers themselves participating in Motivemarket. If the User wishes to purchase any of the products offered, they must complete the purchase process directly on the online store of the Provider, following their specific steps and policies.

2.4 Motive does not guarantee the accuracy, truthfulness, completeness, or lack of updates of this information, and we recommend that the User verify it directly with each provider before making a purchase.

3. User obligations

3.1 The User agrees to:

Use the Site diligently, correctly, and lawfully, respecting the current legislation, morality, good customs, and public order.
Periodically review these Terms or any other applicable conditions, checking for any changes that may have occurred.
Monitor notifications sent by Motive, as they may contain important information.
Not collect information or content to provide other services that could pose clear competition to Motive.
Not modify or attempt to modify the Site in any way, nor perform actions or use means aimed at simulating its appearance or functions.
Refrain from introducing computer viruses, worms, trojans, or any other malicious code intended to interrupt, destroy, or limit the Site's functionality.
Not employ reverse engineering techniques and/or decrypt, decompile, or use any other system aimed at uncovering the Site's source code or any underlying copyright or intellectual property elements.
Not damage, disable, overload, or hinder the service (or the network or networks connected to the service) or interfere with its use and enjoyment.
In any case, not perform any actions that may infringe Motive's or third-party rights or interests, such as intellectual or industrial property rights (patents, trademarks, copyrights, trade secrets...).
3.2 The use of the Site is only permitted to individuals aged 18 or older. By accessing or using the Motivemarket Service, the User declares and guarantees that they are at least 18 years old.

4. Disclaimer of Liability

4.1 Motive strives to ensure that the Site's services and functionalities are always available. However, the Site is presented “as is,” subject to the availability and limitations at any given time.

4.2 Despite Motive's continuous efforts to protect the systems and content included on the Site, using standard Internet security measures, it is not possible to provide full guarantees against intrusions or loss of information that may occur. Similarly, the absence of viruses or other harmful elements on the Site or third-party sites that may cause alterations to the User's computer system, both software and hardware, cannot be guaranteed. For this reason, the User acknowledges and understands that certain situations may be beyond Motive's control.

4.3 The information regarding products and prices offered on the Site is provided by their respective Providers. Although Motive encourages Providers to verify and review the information, in accordance with Article 16 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, Motive assumes no responsibility for such information, as it is published automatically on the Site and is not reviewed by Motive. Therefore, Motive cannot control or verify it, nor offer guarantees against possible inaccuracies in descriptions, prices, photographs, etc.

4.4 Motive is exempt from all liability arising from improper use of the Site by the User, as well as for non-compliance with the obligations or commitments assumed under these Terms.

Motive will not be liable for any lost profits or consequential damages for any reason.

5. Contractual Relationships

5.1 Motivemarket and the Providers operate their respective services independently. Users interested in purchasing a product will be directed to the Provider's portal from which the offer originates. Users are responsible for verifying all relevant information before purchasing a product.

Any transaction or contractual relationship resulting from the use of our service will be between the User and the Provider of the corresponding product or service. All contractual obligations arising and related to these contracts rest exclusively between the users and the providers.

6. Third-party content and links

6.1 Motivemarket is under no general obligation to monitor content transmitted by Providers, nor to actively seek facts or circumstances indicating the existence of illegal activities or incompatibility of such content with legal regulations, third-party rights, or applicable contractual conditions.

6.2 However, Motivemarket reserves the right to voluntarily review content on its own initiative and at its sole discretion, in order to identify and determine illegal content or content that violates applicable contractual conditions, and to remove or block access to such content, as well as to take all necessary measures in accordance with applicable contractual conditions.

7. Intellectual and industrial property

7.1 All content on the Site, including text, graphics, logos, icons, images, digital downloads, and databases, is the property of Motivemarket and is protected by intellectual property laws. Unauthorized use of any material contained on the Site may violate copyright, trademark, and other applicable laws. The User agrees to respect all intellectual property rights and not to use the content of the Site for commercial purposes without obtaining prior written consent from Motivemarket.

7.2 The above does not include data or any content entered or provided by Providers, whose responsibility and rights belong exclusively to them.

7.3 Any use or exploitation of the elements mentioned in section 7.1 that is contrary to the law, including reproduction, transformation, distribution, or public communication, without the express written authorization of the respective owners, is prohibited, except for those uses derived from or necessary to use the Services under these Terms.

7.4 Any infringement of the above will result in the exercise of corresponding civil or criminal actions and claims for damages caused.

7.5 Systematic extraction or reuse of any part of the content of any of the Services without our express written consent is prohibited. In particular, the use of data mining or scraping tools to extract (either once or multiple times) substantial parts of the Services for reuse without Motive's express written consent is not permitted. Users are also not allowed to create or publish their own databases when these contain substantial parts of any of the Services (for example, our product or price lists) without Motive's express written consent.

General Terms of Use Motivemarket