In general, personal information you submit to us is used either to respond to requests that you make, aid us in serving you better, or market the Shupperz Services. We use your personal information in the following ways: to choose and deliver your shipment; respond to comments, requests and questions and provide customer service; facilitate the creation of and secure your account on the Shupperz network; identify you as a user in the Shupperz system; provide, process and deliver the Services you request; and, improve the quality of experience when you interact with the Shupperz Services, including the testing of different page designs to see which performs better.
When you sign up for an account for the Shupperz Services (an “Account”), you provide us your name, email address, password, and mailing address information to register with us or connect to the Shupperz’s site directly or via another Social Networking Site. In addition, we may have collected or will collect information as part of your shopping profile; such as your date of birth, as well as sizing, fit and style preference information. If you post a photo to your Account, Shupperz may collect that photo. You may also enable the App to access your mobile device’s camera and local storage to upload photographs to Shupperz.
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
When you place an order for the Shupperz or when you order products through the Services, we (or our third party payment provider) will collect payment, shipping and billing information in order to process the transaction.
When you post content (text, images, photographs, videos, messages, comments or any other kind of content) on our Services, the information contained in your posting will be stored in our servers and other users of the Services will be able to see it if you post it in an area made public, such as comments on our imbedded articles or current and future vlogs, blogs and other editorial material. If you make any comments on a blog, vlog, other social network site or forum associated with the Service, you should be aware that any information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the information you choose to submit in these blogs and forums.
We retain information on your behalf, such as messages you send (including the content of the message and the recipient data) using your Account.
If you participate in a Shupperz surveys or purchase a future Shupperz Gift Card during a promotional event, we may collect additional profile information.
Your username is publicly displayed and connected to your activity on or in connection with Shupperz Services. Other people may see the date you joined Shupperz, reviews, ratings, profile information, items sold or purchased, and comments in community spaces.
Any information you provide us is provided by you voluntarily. However, certain information is required in order for you to register and enjoy the full benefits of Shupperz Services.
When you use Shupperz Services, we may automatically collect certain information, including information that your browser sends whenever you visit a website. This information may include, for example, (a) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet or the unique device id number of the mobile device on which you use the App., your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform and the geographic location of the computer system that you are using to log-in; as well as (b) information about your visit, including the full Uniform Resource Locators (URL) and clickstream data to, through and from the Shupperz site (including date and time); products you viewed or searched for, the frequency and scope of your use of the Services, page interaction information (such as scrolling, clicks, and mouse-overs), the content you viewed (including advertisements you clicked on) and pages you visited, your communications with other users and third parties, and cookie data.
As such, the information we collect may be “personally identifiable” (meaning it can be used to specifically identify you as a unique person) or “non-personally identifiable information” (meaning it can’t be used to specifically identify you). We use both types of information, and combinations of both types, as described above.
When you use the Services, you may choose to share your geo-location details with us in order to use our location-based services. If you have provided your location details but would no longer like to share that information, you may opt out of those services through the settings on your mobile device. We will only share your geo-location details with third parties (mapping application providers) for the sole purpose of providing you with those enhanced Services.
For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
AUTOMATIC COLLECTION OF DATA
When you use Shupperz Services, some information is automatically collected. For example, when you use Shupperz Services, your geographic location, how you use the Services, information about the type of device you use, your mobile network information, your Open Device Identification Number (“ODIN”), date/time stamps for your visit, your unique device identifier (“UDID”), and your browser type, operating system, Internet Protocol (IP) address, and domain name may be collected. This information is generally used to help us deliver the most relevant information to you and administer and improve the Services. In addition, in the event Shupperz App crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of the Shupperz’s application.
Shupperz may also use these technologies to recognize your browser type as you navigate on the Internet and to collect aggregate and statistic information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. This allows us to better serve you with more tailored information and facilitate your ongoing access to and use of the Services. Shupperz may also share this aggregated or non-personally identifiable information that we collect with our business partners, affiliates or other third parties to develop and deliver targeted advertising on our websites and on websites of third parties. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find interesting and to customize content and advertising.
Any user IDs, passwords, and any other user- or account-related data that we store in such cookies are encrypted for security purposes. We may allow our authorized service providers to access the information collected by cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
If you decide at any time that you no longer wish to accept cookies from the Shupperz Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.
To learn more about cookies link to http://www.allaboutcookies.org/.
Shupperz may work with any number of companies that assist in marketing Shupperz Services. These companies may collect information about online activities conducted on a particular computer, browser or device over time and across third-party websites or online services for the purpose of delivering advertising that is likely to be of greater interest to you.
Shupperz may work with a number of third party analytics companies that collect information anonymously and report website trends without identifying individual visitors. These services allow us to view a variety of reports about how visitors interact with the Services so we can improve the Shupperz website and understand how people find and navigate it.
Connecting to or from your Shupperz account to third-party applications or services is optional, and when you connect your account to an external app, you will be granting Shupperz permission to receive information from the third-party applications. You can also choose to share some of your activity on Shupperz on certain social media networks which are connected to your Shupperz account. You can modify your settings and revoke your permission under your account settings.
Creation of Anonymous Data
We may create anonymous data records from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of the Shupperz Services and improve Site and App navigation. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties in Shupperz sole discretion.
DATA SECURITY ON SHUPPERZ
Shupperz considers data security a top priority and we do our best to keep your Personal Information secure. Shupperz uses high levelAmazon Web Service storage systems, encrypts many of our services, employ firewalls and intrusion detection systems and practices administrative, technical, and physical security procedures to help protect the information you provide us. Shupperz will run internal testing of Data security or engage a third party to penetrate the security systems during audit procedures. These audits or tests will not reveal or transmit authenticated User data.
Please keep in mind that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While Shupperz uses all means possible to protect your personal information, the site cannot promise or guarantee that such information will be immune from any wrongdoings, malware, “hack,” malfunction or other unlawful interceptions or access, or other kinds of abuse and misuse. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to their standard terms and conditions that are generally non-negotiable; and accordingly, although we seek to conduct reasonable due diligence on such service providers, we may be unable to impose contractual obligations on them with respect to the measures they use to protect Personal Information.
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting E-mail: email@example.com.
DATA DISCLOSURE IN CERTAIN INSTANCES
You may inform Shupperz’s of any changes or requests regarding your personal data, and in accordance with our obligations under applicable data protection law, we may update or delete your personal data accordingly. We’ll respond to your request within a reasonable timeframe.
SHUPPERZ AND MINOR AGE CHILDREN
Our Services are not directed to children under the age of 18 and children under the age of 18 are not eligible to use Shupperz Services. We do not collect or maintain personal information from children we actually know are under the age of 18. If a child under 18 submits personal information to us and we learn that the personal information is the personal information of a child under 18, we will take steps to remove the personal information from Shupperz databases. If you believe that we might have any personal information from a child under 13, please contact us at please contact us at E-mail: firstname.lastname@example.org
GOVERNING LAW AND JURISDICTION
This Policy shall be governed by the laws of the State of Israel, without respect to its conflict of laws principles. For international claims or actions, You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. For actions and claims in the Untied Sates, you agree to submit to the venue and laws of the State of New York
Shupperz Services are controlled and operated from Israel, and we make no representations that they are appropriate or available for use in other locations.
NOTICE TO INTERNATIONAL USERS OF SHUPPERZ ISRAELI BASED STATUS
In addition, we may store and process your personal information in the United States and other countries.If you are a resident of the European Union (EU), please be aware that while Shupperz operates a high level of data privacy, this site does not currently offer Services to, or collect data on permanent EU residents.
Thank you and Happy Shupping.
ACCEPTING THESE TERMS
“Global Shupper” means a person who uses the Shupperz Platform to order purchases of items through a Local Shupper (as defined below).
“Local Shupper” means a person who offers personal shopping services via Shupperz Ltd. and conducts in-store or online purchases for and on behalf of a Global Shupper under these Terms.
“Transaction” refers to the purchase of an item through the Platform.
THE SHUPPERZ PLATFORM
The Shupperz Platform is a web-based communications platform which enables the connection between Global Shuppers and Local Shuppers. Both Global Shuppers and Local Shuppers are hereinafter referred to as “Shuppers“. You can find out more information about the Shupperz Platform and its features here: www.shupperz.com. If you agree on the terms of a Transaction with another Shupper, you and such other Shupper enter into a Transaction agreement directly between the two of you. Any terms of such agreement may not conflict with these Terms and may not expand Shupperz Ltd.’s obligations or restrict Shupperz Ltd.’s rights under these Terms. You agree that Shupperz Ltd. is not a party to any Transaction agreement between Shuppers, and such Transaction agreement will not, under any circumstance, create an employment or other service relationship between Shupperz Ltd. and any of the Shuppers.
The Platform only enables connections between Shuppers in order to communicate and carry out Transactions. Shupperz Ltd. is not responsible for the performance of Shuppers, nor does it have control over the timing, legality, failure to provide, or any other aspect whatsoever of Transactions, or Shuppers, nor of the integrity, responsibility, or any of the actions or omissions whatsoever of any Shuppers, nor does it make any representations relating to the existence, quality, safety, genuineness or legality of sold items or any content made available by Shuppers, the ability of Local Shuppers to sell an item, the ability of Global Shuppers to pay for them or that a Shupper will actually complete a Transaction or return an item.
SHUPPERZ LTD. DOES NOT CARRY OUT TRANSACTIONS AND DOES NOT EMPLOY INDIVIDUALS TO CARRY OUT TRANSACTIONS. SHUPPERZ LTD. DOES NOT SUPERVISE, DIRECT OR CONTROL A SHUPPER’S ACTIVITIES OR THE TRANSACTIONS IN ANY MANNER.
Shupperz Ltd. reserves the right to deny your access to the Platform if we reasonably believe you are in breach of these Terms for any reason whatsoever in our sole discretion.
YOUR ACCOUNT WITH SHUPPERZ
In order to sign up as a Shupper to the Platform, you need to create an account with Shupperz Ltd. Here are a few rules about accounts with Shupperz Ltd.:
- You must be 18 or older to register on our Platform as a Shupper.
- When registering on our Platform, please provide accurate information about yourself. You may not use false information or impersonate another person or company through your account. You may not transfer your account to anyone else. It is your sole responsibility to ensure that the contact and licensure information in your Shupperz account is current and accurate. Changes to your contact information can be made through the Platform.
- You’ll be asked to choose a username for your profile. Do not choose a username that is offensive, vulgar, or infringes someone’s intellectual property rights.
- You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity.
- As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. You may not assign your account, username or password to another Shupper. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. We expressly reserve the right to assign this Platform ownership in whole or in part and to delegate any of its obligations hereunder to another related or third party, under our sole discretion and without your consent.
- These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship (or any other similar relationship) between you and Shupperz Ltd.
To safeguard the interests of all Shuppers, it is not permitted to sell or purchase an item by making direct arrangements with the other Shupper to use a payment method other than the approved methods available through the Platform. Please note that selling or purchasing an item in any other way is a breach of these Terms and can result in, among other things, suspension or termination of your account.
Shuppers enter into Transaction agreements directly with other Shuppers. Shupperz Ltd. will not be a party to any Transaction agreements. Payment for Transactions through the Platform is made directly from the Global Shupper to the Local Shupper (or vice versa, if applicable) and not by Shupperz Ltd.
Shupperz Ltd. partners with PayPal to facilitate card payments and other payments and the disbursement of funds. PayPal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement.
Shuppers are required to register with Paypal, agree to terms of service of Paypal and go through a vetting process at the request of Paypal to set up their Paypal account. Please note that Shupperz Ltd. is not a party to the agreement with PayPal and that Shupperz Ltd. has no obligations or liability to any Shupper under the agreement with PayPal.
Payment by the Global Shupper
When a Global Shupper completes the submission of the request form through the Platform in relation to a Transaction, the Global Shupper automatically authorizes Shupperz Ltd. to provide such Global Shupper’s Transaction payment details to PayPal and to collect and process via PayPal an amount equal to the Total Purchase Price (as defined below) specified in the payment request plus a processing fee of 4.5% of the Total Purchase Price (the “Processing Fee“).
The “Total Purchase Price” will include all of the following:
(i) the item’s purchase price to be paid by the Local Shupper (the “Store Price“);
(ii) the shipping fee (the “Shipping Fee“); plus
(iii) the fee for the Local Shupper for the shopping service provided in an amount as agreed between the Global Shupper and the Local Shupper, but no less than ten per cent (10%) of the Store Price or $10, whichever is higher (the “Shupper Fee“).
Example calculation of the Total Purchase Price:
Example A: If, for example, the Store Price is $80, the Shipping Fee is $20, the Shupper Fee will be $10.The Total Purchase Price in this example is $110 and the Processing Fee is $4.95.
Example B: If, for example, the Store Price is $150, the Shipping Fee is $15, the Shupper Fee will be $15. The Total Purchase Price in this example is $180 and the Processing Fee is $8.10.
Transfer of Payment to Local Shupper
Following the Local Shupper’s confirmation that the item was purchased by scanning the store receipt and uploading it to the Platform (the “Purchase Confirmation“), Global Shupper and Local Shupper automatically authorize Shupperz Ltd. and PayPal to charge the Total Purchase Price from the Global Shupper and to virtually credit the Local Shupper for the applicable Total Purchase Price less the ‘Platform Fee’. Such “Platform Fee“, which covers our operational and development costs, shall be ten per cent (10%) of the Shupper Fee.
Using example A from the previous section, the Platform Fee in this case would amount to $1 ($10*10%). In example B from the previous section, the Platform Fee would amount to $1.50 ($15*10%).
Shupperz Ltd. may instruct PayPal to withhold the transfer of such payment to the Local Shupper until the earlier of (i) the Global Shupper’s confirmation of receipt of the shipped item through the confirmation page on the Platform, or (ii) fourteen (14) days following the Purchase Confirmation date (unless a Global Shupper raises a dispute within 14 days following the Purchase Confirmation date in which case Shupperz Ltd. may instruct PayPal to withhold the transfer of such payment until the dispute has been resolved).
If any disputes are raised after a payment has been released to the Local Shupper, Shupperz Ltd. may place a hold on the Local Shupper’s account or withhold any future payments to a Local Shupper (up to the value of the amount in dispute), until the dispute has been resolved.
Shupperz Ltd. reserves the right (but not the obligation), in its sole discretion, upon request from a Global or Local Shupper or upon notice of any potential fraud, unauthorized charges or other misuse of the Platform, to (i) place on hold any payment transfer, or (ii) refund, provide credits or arrange for PayPal to do so.
We recommend our Shuppers to use the shipping service provided by:
- The store the item was purchased from (most global brands offer shipping services);
- Local postal services; or
- Premium shipping services such as UPS/ FedEx or other.
Taxes, Customs and Duties
Shuppers will be liable for any taxes (including VAT, if applicable) required to be paid on the payments made under these Terms (other than taxes in relation to our Platform Fee). Shupperz Ltd. will be entitled to deduct or withhold or cause to be withheld from amounts due to a Shupper under these Terms any income taxes Shupperz Ltd. determines are required to be deducted or withheld under applicable law. Shupperz Ltd. will remit such withholding taxes to the appropriate taxing authority.
The Global Shupper is responsible for paying customs and duty fees (if any) in connection with the purchased item.
As a Global Shupper, you may return any item subject to the return policy of the retailer from which the item was purchased. Please note that Shupperz Ltd. has no obligations or liability to any Shupper in relation to any return policy (if any) and we advise you to carefully review the return policy before placing an order.
Cancellation of a Purchase Request
A Global Shupper may request cancellation of a Transaction so long as a Purchase Confirmation has yet to be provided. After Purchase Confirmation, the applicable return policy shall apply.
YOUR USE OF OUR PLATFORM
We give you the right to use our Platform subject to these Terms.
In particular, you will and you agree to:
- comply with all applicable laws in connection with your use of the Platform. This includes any privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements that may apply to you;
- provide accurate information to us and update it as necessary; and
- act honestly and in good faith.
By using the Platform you agree NOT to:
- create an account for anyone other than a natural person, or use or attempt to use another’s account or create a false identity, or create more than one account on the Platform;
- commit fraud, theft or any other crimes against Shupperz Ltd., another Shupper or a third party;
- defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behaviour, including sending unwelcomed communications to others;
- duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer content or information found in the Platform (excluding any pictures, videos, audio, reviews and other text, or other files that you upload onto the Platform (together “Your Content“)) except as permitted in these Terms, or as expressly authorized by us;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Platform, or any part thereof;
- collect, harvest, use, copy, rent, lease, loan, trade, sell/re-sell any information or data from the Platform, including, but not limited to, personally identifiable information obtained from the Platform (excluding Your Content and except if the owner of such information has expressly permitted the same) in whole or part;
- utilize or copy information, content, or any data you view on or obtain from the Platform to provide any service that is competitive, in our sole discretion, with the Platform;
- purchase or sell an item by making direct arrangements with the Global Shupper or the Local Shupper to use a payment method other than the approved payment methods provided through the Platform or use the communication systems provided through the Platform for any commercial solicitation purposes;
- take any action which is deliberately designed to circumvent, reduce or manipulate the Platform Fee due to us (as specified below);
- offer to sell any of the items we list as prohibited items at “Prohibited Items”;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Platform (whether ours or our licensors’);
- remove, cover or otherwise obscure any form of advertisement included on the Platform;
- share other users’ or third party’s information without their express consent; infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;
- use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape”, “crawl”, “cache”, “spider” or any web page or other service contained in our Platform;
- access, via automated or manual means or processes, the Platform for purposes of monitoring its availability, performance or functionality for any competitive purpose;
- engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the App;
- Interfere or disrupt or game the Platform, including, but not limited to any servers or networks connected to the Platform, or the underlying software.
- You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
- By posting Your Content, you grant Shupperz Ltd. a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, publish, translate, distribute, store, license, sub-license, and prepare derivative works of Your Content to operate the Platform and to promote Shupperz Ltd., in any formats and through any channels, including across the Platform or a third-party website or advertising medium.
- Shupperz Ltd. has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Platform. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice, and will notify you if that occurs.
- There are certain types of content we don’t want posted on Shupperz Ltd.’s Platform (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, contains nudity or is otherwise offensive or in violation of any other part of the Terms. You also agree not to post any content that is false and misleading or uses the Platform in a manner that is fraudulent or deceptive.
- We have the right – but not the obligation – to monitor, censor, edit, modify, delete, and/or remove any and all content posted on the Platform (including Your Content, and including your communications with other Shuppers) at any time and for any reason. Without limiting the foregoing, we have the right – but not the obligation – to delete any content, including any listing of an item, that we believe, in our sole discretion, does or may violate these Terms, our policies or any law.
- When we remove content from the Platform, it may continue to be stored by us, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of Your Content.
- You agree that all electronic communications you provide the Platform, including but not limited to data entry, will not be an alias, fraudulent or incorrect, and that you have the right to disclose any information that you disclose to Shupperz Ltd. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Platform.
- We encourage you to let us know your suggestions and ideas. They can help us improve your experience and our Any unsolicited ideas or other materials you submit to us (not including Your Content) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- The Platform may host content generated by Shuppers relating to reviews and ratings of individual Shuppers (“Feedback“). Such Feedback is such Shupper’s opinion and not the opinion of Shupperz , has not been verified or approved by Shupperz Ltd., and each Shupper should undertake their own research to be satisfied that a specific Shupper is the right person for a Transaction. You agree that Shupperz Ltd. is not liable for any Feedback or other user generated content. Shupperz Ltd. encourages each Shupper to give objective, constructive and honest Feedback about the other Shuppers with whom they have transacted. Shupperz Ltd. does not investigate any remarks posted by Shuppers for accuracy or reliability but may do so at its sole discretion if a Shupper requests that Shupperz Ltd. do so.
Failure to comply with the rules above constitutes a serious breach of these Terms, and may result in our taking all or any of the following actions (with or without notice):
- immediate, temporary or permanent withdrawal of your right to use our Platform;
- immediate, temporary or permanent removal of any of Your Content;
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary;
- We may investigate any suspected breach of the Terms. During such investigation we may temporarily withdraw your right to use our Platform or remove Your Content without notice to you.
The responses described herein are not conclusive, and we may take any other action we reasonably deem appropriate.
Termination by You. You may terminate your account with Shupperz Ltd. at any time through your account settings. Terminating your account will not affect any outstanding obligations you might have towards us, PayPal or another Shupper – that means you’ll still have to pay any open bills or ship an item you purchased for a Global Shupper. Also, some of Your Content that you posted through the Platform prior to termination may still be available.
Termination by Shupperz Ltd. We may terminate or suspend your account (and any related accounts) and your access to the Platform at any time, for any reason, and without advance notice. If we do so, you may not continue to use our Platform, neither as a Local Shupper nor as a Global Shupper. Shupperz Ltd. may refuse service to anyone, at any time, for any reason.
If you or Shupperz Ltd. terminate your account, you may lose any information associated with your account, including Your Content.
We may discontinue the Platform. We reserve the right to change, suspend or discontinue any part of our Platform at any time, for any reason. We will not be liable to you for the effect that any changes to the Platform may have on you, including your income or your ability to generate revenue through the Platform.
DISCLAIMER AND LIMITATION OF LIABILITY
Shupperz Ltd. expressly disclaims any liability that may arise out of disputes between Shuppers.
The Shupperz Platform is only a venue for connecting Shuppers. You understand that Shupperz Ltd. merely provides the Platform, but does not manufacture, store or inspect any of the items sold through our Platform. The items on the Platform are sold directly by independent sellers, so Shupperz Ltd. cannot and does not make any warranties about their quality, safety or even their legality.
Because Shupperz Ltd. is not involved in the actual contract between Shuppers or in the completion of a Transaction, in the event that you have a dispute with one or more Shuppers, you release Shupperz Ltd. and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
People You Interact With. When interacting with other Shuppers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. You understand that we do not screen users of our Platform. Neither Shupperz Ltd. nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any Shupper of the Platform and you hereby release Shupperz Ltd. and its affiliates or licensors from any liability related thereto. Shupperz Ltd. and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Platform.
Third-Party Services. Our Platform may contain links to third-party websites or services that we don’t own or control. You may also need to use a third party’s product or service in order to use some features of our Platform (like a compatible mobile device to use our App).
Shupperz Ltd. does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or any hyperlinked website or featured in any banner or other advertising and Shupperz Ltd. will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Except as otherwise expressly provided herein, your use of our Platform is at your own risk. Due to the nature of the Internet and technology, our Platform is provided “AS IS” and on an “as available” basis and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
Without limiting the foregoing, neither Shupperz Ltd. nor its affiliates or licensors warrant that access to the Platform will be uninterrupted or that the Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Platform, or as to the timeliness, accuracy, reliability, completeness or content of any task or service, information or materials provided through or in connection with the use of the Platform.
Neither Shupperz Ltd. nor its affiliates or licensors warrant that the Platform is free from viruses, worms, trojan horses, or other harmful components.
Shupperz Ltd. and its affiliates and licensors cannot and do not guarantee that any personal information provided by you to other Shuppers or third parties through the Platform will not be misappropriated, intercepted, deleted, destroyed or used by others.
Limitation of Liability. To the fullest extent permitted by law, you agree not to hold Shupperz Ltd., our employees, officers or directors liable for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, relating to the Platform or your or any other party’s use of or inability to use the Platform including without limitation any liabilities arising in connection with the conduct, act or omission of any Shupper (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any Shupper, any instruction, advice, act, or service provided by Shupperz Ltd. or its affiliates or licensors and any destruction of your information.
To the fullest extent permitted by law, we do not assume any liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
Without derogating from the aforementioned, under no circumstances shall Shupperz Ltd.’s aggregate liability for any damages relating to a Transaction exceed the Total Purchase Price of such Transaction. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
SECURITY/CONFIDENTIALITY OF ACCESS INFORMATION
Use of the Platform may include access to resources, information, and materials which are owned by Shupperz Ltd., its subsidiaries or affiliates, and/or owned by third parties and in the possession of or licensed to Shupperz Ltd., and which constitutes valuable resources, and trade secrets belonging to Shupperz Ltd., their subsidiaries or affiliates, and/or third parties, as well as to personal information of other Shuppers (collectively the “Confidential Information”). You hereby agree to hold the Confidential Information in strict confidence and not to disclose it or otherwise make it available to any person or third party without the prior written consent of Shupperz Ltd. You shall return all such Confidential Information, together with any copies, reproductions or other media collection in any form, to Shupperz Ltd. at such time as you terminate your use of the Platform.
All data collected through your use of our Platform remains the sole property of Shupperz Ltd.
NO EMPLOYMENT RELATIONSHIP
As set forth above, Shupperz Ltd. does not carry out Transactions and does not employ individuals to carry out Transactions.
Shuppers do not have authority to enter into written or oral – whether implied or express – contracts on behalf of Shupperz Ltd. Each Shupper acknowledges that Shupperz Ltd. does not, in any way, supervise, direct, or control a Shupper when carrying out a Transaction in any manner. Shupperz Ltd. does not set a Shupper’s service hours or location. Shupperz Ltd. does not provide any supervision to Shuppers.
You agree to indemnify, hold harmless and defend Shupperz Ltd. from any and all claims arising out of your actions that a Shupper was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Shupper was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Shupperz Ltd. was an employer or joint employer of a Shupper, any claims under any applicable employment-related laws, such as, without limitation, those relating to employment termination, employment discrimination, harassment or retaliation, as well as, without limitation, any claims for unpaid wages, withholdings, overtime pay, failure to provide meal and rest breaks, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
If Shupperz Ltd. gets sued due to your actions, you agree to indemnify us. That means you agree to indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Platform; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of Your Content caused damage to a third party.
This hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Platform.
DISPUTES WITH OTHER SHUPPERS
Any purchase made through the Platform is solely between the Global Shupper and the Local Shupper. Complaints, questions and claims related to a Transaction should be directed to the other Shupper. Where Shuppers cannot resolve issues relating to a Transaction between them, we will attempt to help mediate such disputes through our dispute resolution process, which may also include reviewing the communication between the Shuppers involved. Please contact us in respect of such dispute resolution process at email@example.com.
DISPUTES WITH US
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms (“Dispute“), you and Shupperz Ltd. agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your most current billing address, with an email copy to the most recent email address you have provided to Shupperz Ltd. Shupperz Ltd.’s address for such notices is Shupperz Ltd., Hamenofim 1, Herzlia Pituach, Israel.
Arbitration. If you and Shupperz Ltd. are unable to resolve a dispute through informal negotiations, all claims arising from or relating to these Terms and/or the use of the Platform, shall be finally and exclusively resolved by a sole arbitrator, who shall be nominated by the parties. In the event that we cannot agree on his or her identity, or where he or she does not agree to, or cannot, or does not wish to act as an arbitrator, the choice of arbitrator shall be determined by the head of the Israeli Bar Association. The seat and place of the arbitration shall be Tel Aviv – Yaffo, Israel. The language of the arbitration shall be English. The arbitrator shall set forth the reasons for the award in writing. This arbitration clause shall be treated as an arbitration contract between you and us for all intents and purposes and the provisions of the Israeli Arbitration Law of 1968 (the “Arbitration Law“) shall be applied to the arbitration proceedings and the arbitrator, unless the parties to such arbitration proceedings expressly agree to the contrary. The arbitrator shall not be subject to the rules or regulation of any substantive law (Israeli or foreign) and shall not be subject to any evidence rules or regulations and the procedures rules and regulations. Any of the parties to the arbitration proceedings shall be entitled to request to appeal any arbitration ruling given by the arbitrator before a duly authorized court in Tel Aviv exclusively, if that party believes that the arbitrator has made a basic error in the application of the law that could result in a miscarriage of justice. The appeal process and procedures shall be governed by Section 29B of the Arbitration Law. The Arbitrator shall be required to give reasons for his ruling and his decisions, and he shall record the main points said by the parties, their representatives and the Arbitrator himself or herself, in the course of the arbitration. The arbitrator’s fees shall be paid by the parties to the arbitration proceedings, shared equally between them, unless the Arbitrator rules otherwise. The arbitration proceedings (including any appeal and interim proceedings), their subject matter (the underlying dispute) and their results (including the arbitrator’s decision and the decision in any appeal) shall, to the extent permissible under law, be kept under strict confidentiality (bearing in mind the damages which a party may incur as a result of any breach of such undertaking).
The Terms shall be construed under and governed by the laws of the State of Israel and any dispute arising from or related to these Terms and/or the use of this Platform shall be governed by the laws of the State of Israel (to the exclusion of any conflict of laws rules).
CHANGES TO SHUPPERZ LTD.’s SERVICES
We are constantly updating and improving our Platform to find ways to provide you with new and innovative features and services or may, from time to time, perform maintenance upon the Platform or experience hardware, software or other problems related to the Platform, resulting in interrupted service, delays or errors in the Platform. Improvements and updates are also made to reflect changing technologies, behaviours and the way people use the Internet and our Platform.
In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Platform, or a feature relating to the Platform. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided. Such changes to the Platform may affect your past activities on the Platform, features that you use and Your Content. Once we have made changes to the Platform, your continued use of the Platform will show that you have accepted any changes to the Platform. You are always free to stop using the Platform or deactivate your Account.
Shupperz Ltd. reserves the right to modify, temporarily or permanently, the Platform or the App. Shupperz Ltd. reserves the right at any time to terminate this current version of the Platform or prior versions of the Platform and/or related materials and limit future access to new versions and updates.
CHANGES TO THE TERMS
We may update these Terms from time to time. If we believe that the changes are material, we are going to inform you by doing one (or more) of the following: (1) post the changes through the Platform or (2) send you an email or message about the changes. That way you can decide whether you want to continue using the Platform. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Platform following the changes constitutes your acceptance of the updated Terms.
You may only use the Shupperz Platform subject to these Terms. You may download or print a copy of any information provided by Shupperz Ltd. for your personal use only. Any other use in downloading or printing a copy of any information provided by Shupperz Ltd. is expressly prohibited by Shupperz Ltd.
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Last updated 08 June 2017.
- Alcohol products
- ANIMALS AND ANIMALS’ ORGANS; HUMAN REMAINS:
- Any part, pelt or skin from endangered animals, or items made from cat and dog parts or pelts
- Ivory items and ivory derivatives
- Examples of prohibited items include, but are not limited to: organs, bone, blood, waste, sperm, and eggs.
- COUNTERFEIT ITEMS, REPLICAS AND UNAUTHORIZED COPIES:
- Counterfeits, fakes, or unauthorised replicas or copies (for example a bag bearing the Gucci® name or logo that wasn’t made by Gucci)
- Products made available by digital download: Shupperz Ltd. prohibits the listing of products that are made available by digital download, including “codes” that can be used to access content on other websites or platforms
- Any product that has been illegally replicated, reproduced or manufactured is prohibited
- DATA BANKS, MAILING LIST AND PERSONAL INFORMATION:
- Data banks
- Mailing lists
- Personal information
- DRUGS AND DRUG PARAPHERNALIA:
- Narcotics, steroids, and other controlled substances
- Prescription drugs and over-the-counter drugs Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
- Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.
- Medical drugs and pharmaceuticals.
- FIREARMS, WEAPONS AND MILITARY ITEMS:
- Any firearms, weapons and military items, regardless of their functionality, construction date or of their being collectibles
- The term “firearm” indicates all the parts constituting a firearm, a sporting gun, all types of collectible, vintage, antique and by signalling guns
- Parts of firearms (ammunitions included)
- Kit for the construction of firearms
- Firearms replicas
- All blade weapons, knives and sharp instruments (for example: kitchen knives, fishing and scuba knives, blackjacks, clubs, brass knuckles, switchblades and swords of all kind)
- Pneumatic spearguns
- FIREWORKS AND KIT FOR THEIR IMPLEMENTATION:
- Any fireworks, even those available in high street stores
- Kit for firework implementation.
- GOODS FROM EMBARGOED COUNTRIES:
- To the extent permitted by applicable law at the time of sale in the registered user’s country of residence and/or domicile.
- HAZARDOUS MATERIALS:
- For health and safety reasons, most hazardous materials (this includes but are not limited to fire extinguishers, radioactive materials, flammable gases and solids and toxic substances) can’t be listed on Shupperz Ltd.
- MEDICAL DEVICES AND MEDICINES:
- All medical devices (prescription and over-the counter medical devices).
- All medical and medicinal products (prescription and over-the counter medical devices).
- OBSCENE OR OFFENSIVE MATERIAL:
- All material offensive to public morals such as for example pornographic material, any material representing or describing pedopornography, bestiality, necrophilia, coprophilia, rape, incest in all sort of publications, films, and other recordings.
- All items promoting or celebrating hatred, violence, racial, sexual and/or religious intolerance.
- Items supporting organizations related to these ideologies.
- Shupperz Ltd. reserves the right to determine the appropriateness of listings posted to our Platform.
All material with either implicit or explicit reference to pedopornography, including all forms of erotic art that include minors.
- PLANTS, PLANT MATERIAL AND SEED:
Any plants, plant material and seed.
- Tobacco and its derivatives
- Tobacco products packaged in classic packaging
- Cigars in cellophane wrapping
- TV DE-SCRAMBLERS:
Any TV DE-scramblers.