Terms of Service

1. Acceptance of Terms

These Terms of Service ('Terms') are a binding agreement between you ('you', 'your', or 'Affiliate') and Ecom Winners, collectively referred to as 'we', 'us', or 'our'. By accessing and using the Ecom Winners platform, you signify your agreement to these Terms of Service. If you disagree with any part of these terms, please refrain from using our service. Continued use of Ecom Winners constitutes acceptance of any modifications to these terms.

2. Description of Service

ECOM WINNERS provides a digital indexing tool that aggregates product listings from multiple sources. This service is designed to aid users in identifying emerging market trends. Although the platform facilitates the detection of popular products, ECOM WINNERS does not guarantee or endorse the potential saleability, profitability, or success of any listed items.

3. Data and Accuracy

While we prioritize presenting accurate data, Ecom Winners is not responsible for any inaccuracies, incompleteness, or unreliability of the indexed data. Users must conduct supplementary research and due diligence before any business actions.

4. Intellectual Property Rights

The content created and published by ECOM WINNERS, including but not limited to text, graphics, logos, and software, is the exclusive property of ECOM WINNERS and is protected by Belgian and international copyright and intellectual property laws. However, it is expressly noted that ECOM WINNERS does not claim ownership or intellectual property rights over product names, images, or descriptions that are indexed on our platform. Such product-related content is sourced from AliExpress, and all rights pertaining to these product names, images, and descriptions belong to their respective owners and AliExpress.

5. Limitation of Liability

To the maximum extent permitted by Belgian law, Ecom Winners, its affiliates, or representatives shall not be liable for direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, arising from the use of this service.

6. Third-Party Links and Services

Ecom Winners may host links to external third-party platforms. We neither control nor assume responsibility for the content, privacy measures, or operations of such third-party sites. Engaging with these third-party sites is at the user's own risk.

7. Modifications and Revisions

Ecom Winners has the sole discretion to modify or replace these terms at any given time. Continued usage after any changes signifies acceptance of the new terms. Users are encouraged to periodically review this page for any updates.

8. Governing Law and Jurisdiction

These terms shall be governed by and construed according to the laws of Belgium. Any disputes arising from or relating to these terms or the use of Ecom Winners shall be subject to the exclusive jurisdiction of the courts of Belgium.

9. Termination and Access Restriction

Ecom Winners reserves the right, in its sole discretion, to terminate or limit your access to the service, without notice, for any conduct that Ecom Winners believes violates these terms or is harmful to other users, Ecom Winners, or third parties, or for any other reason.

10. Indemnity

Users agree to defend, indemnify, and hold harmless Ecom Winners, its affiliates, officers, directors, employees, and agents from and against any claims, actions, demands, liabilities, damages, costs, and settlements, including, without limitation, legal and accounting fees, resulting from or alleged to result from your violation of these Terms of Service.

11. Feedback, Complaints, and Dispute Resolution

Users are encouraged to report any feedback or complaints to our customer service team. Both parties shall first attempt to resolve disputes informally. If disputes cannot be resolved informally, it will be subjected to binding arbitration in Belgium.

12. Entire Agreement

These Terms of Service, along with any other legal notices or additional agreements published by Ecom Winners on the platform, constitute the entire agreement between you and Ecom Winners.

13. Waiver and Severability

The failure of Ecom Winners to enforce any part of these terms shall not constitute a waiver of its right to enforce the remainder of these terms. If any provision of these terms is deemed unlawful, void, or unenforceable, that part will be considered severable and will not affect the validity and enforceability of remaining provisions.

14. Immediate Commencement of Digital Services & Waiver of Withdrawal Rights

Commencement of Service: Upon your consent and activation, our web application will provide immediate access to its digital content and services. This digital content is not provided on a tangible medium. Waiver of Withdrawal Rights: Pursuant to the relevant provisions of the European Union Consumer Rights Directive (2011/83/EU) and its applicable implementations in Belgian law, the consumer's right of withdrawal may be excluded for digital content not supplied on a tangible medium. By initiating the use of our web application or entering into a subscription agreement with us, you expressly consent to the immediate commencement of the service. You further acknowledge and accept that, as a result, you will lose your right of withdrawal from the agreement and will not be eligible for a refund once the service has commenced. Acknowledgment: This provision is in place to enable uninterrupted, immediate access to our digital content and services. By using our services, you affirmatively agree and acknowledge these terms.

15. Affiliate platform

15.1. Commission structure

For every successful referral that results in a paid subscription to our platform, the Affiliate will earn a commission equal to a percentage of the subscription fee excluding the Stripe fees. The percentage is communicated in advance to the Affiliate, that the referee pays for the first 3 months of their subscription. Please refer to the Stripe website to learn more about their fees.
In the case where the referee opts for a yearly subscription, the Affiliate will receive a commission equivalent to the total yearly subscription fee divided by 4, which equates to 3 months' worth of the subscription fee.

15.2. Payment Terms

Commissions earned by the Affiliate will be locked for a period of one (1) month (or 30 days) from the date the referee's payment is received. This lock period is to account for potential refunds.
Ecom Winners reserves the right to modify the duration of the lock period. Any changes will be communicated to the Affiliate in advance, and continued participation in the program post-change will be considered acceptance of the new terms.
After the one-month lock period, the commissions will become claimable and will be paid out to the Affiliate via PayPal. The Affiliate is responsible for ensuring that their provided PayPal email address for payouts is correct. If funds are sent to an incorrect email address due to an error on the Affiliate's part, Ecom Winners is not responsible and cannot retrieve or refund the sent funds.
The Affiliate is responsible for any PayPal transaction fees associated with the payout. Currently, PayPal fees are 2% of the transaction amount, with a maximum fee of $1. However, these fees are subject to change as per PayPal's discretion. It's the Affiliate's responsibility to be aware of and understand PayPal's fee structure. For further details, please refer to PayPal's Terms of Service.

15.3. Refunds and Chargebacks

In the event a referee requests a refund or there is a chargeback on their payment, any commissions earned from that transaction will be deducted from the Affiliate's future earnings.

15.4. Termination

We reserve the right to terminate an Affiliate's participation in the Affiliate Program if we determine, in our sole discretion, that the Affiliate's promotional methods are inappropriate, misleading, or potentially harmful to our brand's reputation.

15.5. Limitation of Liability

Ecom Winners will not be liable for any indirect, special, or consequential damages, or any loss of revenue, profits, or data arising in connection with this Agreement or the Affiliate Program.

15.6. Miscellaneous

These Terms represent the entire agreement between the parties and supersede any previous agreement, whether oral or written. These Terms may be updated from time to time, and it's the responsibility of the Affiliate to review and stay updated with them. By participating in Ecom Winners's Affiliate Program, you acknowledge that you have read, understood, and agree to the above Terms of Service.