Terms of Service

SHUPPERZ TERMS OF USE

Updated 05/09/2023

 

ACCEPTING THESE TERMS

These Terms of Use (the “Terms“, in short) govern your access to and use of Shupperz’s website located at http://www.shupperz.com and/or our mobile app (the “App“), including any content, functionality and services offered on or through the website and/or the App (together, the “Platform“). These Terms are a legally binding contract between you and Shupperz Ltd and/or Shupperz US Inc. (“Shupperz“, “we“, “us” or “our“). In order to use and/or participate in the Platform, you must read these Terms and indicate that you understand and accept all of the terms and conditions herein. If you do not agree to the Terms discussed herein, or if you feel you are unable to comply with your obligations under these Terms as well as your legal obligations, you may not use the Platform. For the avoidance of doubt registration and use of the platform shall be construed as acceptance of these terms and conditions.

 

APPLICATION OF THESE TERMS AND CONDITIONS

  1. These terms and conditions apply to all orders you place with us and for our services. Please read them carefully and if you do not agree with them please do not place an order with us.
  2. These terms and conditions tell you who we are, how we will provide products to you, how the contract between you and us can be changed or ended, what to do if there is a problem and other important information. By using and/or placing an order through our application, you confirm that you have read, understood, and agree to these terms and conditions.
  3. We may vary these terms and conditions from time to time. By requesting Services from us, you agree to comply with, and be bound by, the version of the terms and conditions notified to you at the relevant time.


THE SHUPPERZ PLATFORM

The Platform is a mobile application that enables the connection between the App user and personal shoppers (AKA “Shuppers”). You can find out more information about the Platform and its features at: www.shupperz.com

The Platform only enables connections between Shuppers and the App users in order to communicate and carry out transactions. A transaction is the booking of an experience (personal one-on-one session) and/or the purchase of goods. 

Shupperz 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 user to the Platform, you need to create an account with Shupperz. Here are a few rules about accounts with Shupperz:

  1.   You must be at least 18 years of age or have the permission and supervision of a responsible parent or legal guardian to register on our Platform.
  2.   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.
  3.   You may connect to our Platform with third-party services approved by us (e.g., Facebook, Instagram, Tik-Tok, Google, etc.) and if so, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in information for that service as set out in our Privacy Policy.
  4.   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.
  5.   As mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account secure. You may not assign your account or username to another person. 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.
  6.   These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship (or any other similar relationship) between you and Shupperz.

 

PAYMENT

To safeguard the interests of all users, it is not permitted to purchase an item by making direct arrangements with Shuppers outside the App or to use a payment method other than the approved methods available through the Platform. Please note that 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. 

Payment for transactions shall be made solely through the Platform.

Shupperz partners with third-party payment processors to facilitate card payments and other payments and the disbursement of funds.

When you book a shopping session with one of our Shuppers, you will be charged a “Booking Fee” in the amount set forth in the app under the applicable session. If you make a purchase of goods via the platform,  in addition to the item’s cost, you will be charged a hipping & handling ee. If you have credit in your Account at the time of processing the Booking Fee or paying for items, the credit may be applied and deducted from the total cost. You may cancel a booking up until 24 hours prior to the scheduled visit. In such case, the booking fee shall be credited to your Shupperz account. We do not accept cash refunds. You represent that you will not use any credit card or other form of payment unless you have all the necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the app; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment methods.

When a user completes a payment request, they automatically authorize Shupperz to provide the details regarding such user’s transaction payment to our third-party payment processing service provider and to collect and process via such partner the amount due as per the transaction an amount equal to the Total Price (as defined below) specified in the payment request plus currency conversion fees. 

Shupperz reserves the right (but not the obligation), in its sole discretion, upon request from a user or Shupper or upon notice of any potential fraud, unauthorized charges, or other misuses of the Platform, to (i) place on hold any payment transfer, or (ii) refund, provide credits or arrange for a third party to do so.

 

Shupperz reserves the right (but not the obligation), in its sole discretion, upon request from a user or Shupper or upon notice of any potential fraud, unauthorized charges, or other misuses of the Platform, to (i) place on hold any payment transfer, or (ii) refund, provide credits or arrange for a third party to do so.

Package

 

In a personal shopping session, a user may request the Shupper to curate items into one package. The package may remain open for five (5) additional days (the “Additional Period“) after the Shupper completes its first purchase, if the user wishes to book additional sessions for additional purchases to be combined into the same package . Upon expiration of the Additional Period, the package will be closed and handed over to Shupperz personnel for shipment. 

Shipment

Shuppers shall use the shipping service provided by Shupperz.

Once the package has been delivered to the shipping company, the Terms of Use of the shipping company will apply. 

Return or Exchange Products

Each item purchased is subject to the original seller’s return policy. All return costs shall be borne by the user.

In the event you receive a damaged/defective/wrong product, you may return the product to Shupperz  in return for Shupperz credits (we do not do cash refunds) ,shipping costs shall be borne by Shupperz.  To be eligible for a return, the item must be in the same condition that you received it with a matching receipt, unworn, unused, and with tags attached to its original packaging

 

You can always contact us for any questions regarding returns at support@shupperz.com.



Cancellation of a Purchase Request

A user may request cancellation of a transaction so long as a payment request has yet to be completed. After completion of the payment request, the applicable Shupperz return policy shall apply.

Cancellation of a Personal Session

Shuppers reserve the right to cancel a personal shopping session up to 24hrs in advance. Users that have already paid the booking fee to such canceled event, shall be credited with Shupperz Credits in the app. 

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:

  1. 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;
  2. Provide accurate information and update it as necessary; and
  3. Act honestly and in good faith.

By using the Platform you agree NOT to:

  1.   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;
  2.   Commit fraud, theft or any other crimes against Shupperz, a Shupper or a third party;
  3.   Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcome communications to others;
  4.   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, except as permitted in these Terms, or as expressly authorized by us;
  5.   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;
  6.   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 in whole or part;
  7.   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;
  8.   Purchase an item by making direct arrangements with the 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;
  9.     Take any action which is deliberately designed to circumvent, reduce or manipulate the Platform Fee due to Shupperz  (as specified below);
  10.     Offer to sell any of the items we list as prohibited items at “Prohibited Items”;
  11.   Remove any copyright, trademark or other proprietary rights notices contained in or on the Platform (whether ours or our licensors);
  12.     Remove, cover or otherwise obscure any form of advertisement included on the Platform;
  13. 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;
  14.   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;
  15.   Access, via automated or manual means or processes, the Platform for purposes of monitoring its availability, performance or functionality for any competitive purpose;
  16.   Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the App;
  17.   Interfere or disrupt or game the Platform, including, but not limited to any servers or networks connected to the Platform, or the underlying software.

 

 

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):

  1.   Immediate, temporary or permanent withdrawal of your right to use our Platform;
  2.   Issuing of a warning to you;
  3.   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;
  4.   Disclosure of such information to law enforcement authorities as we reasonably feel is necessary;
  5.   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

Termination by You. You may terminate your account with Shupperz at any time by contacting Shupperz support. Terminating your account will not affect any outstanding obligations you might have – that means you’ll still have to pay any open bills. Termination by Shupperz. 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. Shupperz may refuse service to anyone, at any time, for any reason.

If you or Shupperz terminate your account, you may lose any information associated with your account.

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.

 

DISCLAIMER AND LIMITATION OF LIABILITY 

Shupperz expressly disclaims any liability that may arise from making use of any purchased goods.

You understand that Shupperz merely provides the Platform, but does not manufacture, store or inspect any of the items sold. The items on the Platform are sold directly by independent sellers, so Shupperz cannot and does not make any warranties about their quality, safety or even their legality.

People You Interact With. When interacting with 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 nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any Shupper or user of the Platform and you hereby release Shupperz and its affiliates or licensors from any liability related thereto. Shupperz 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 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 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.

CREDITS

As a user, you may receive a credit to your personal account toward future purchases. Once a user approves the payment request, the Shupper may find out at the cash desk that the  prices are lower than indicated on the price tag. That occurs because the shupper  may only purchase an item after the payment request is approved by the user. The balance between the price the user paid and the actual price will be given to the user as credits in the Shupperz app and will be deducted from the next purchase with Shupperz.

You may not obtain any cash or money in exchange for Credits. You are responsible for notifying Shupperz if you believe the number of Credits in your Account is incorrect.

Shupperz reserves the right to remove Credits from an Account at any time. Unless extended by Shupperz at our discretion, Credits will automatically expire ninety (90) days from issuance.

ACCESS TO THE SERVICES

App Stores. With respect to any App accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (the “Usage Rules”) when using the App. To the extent these Terms of Use provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.

You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the App Store. You acknowledge that these Terms of Use are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them. 

 DISCLAIMER OF WARRANTIES

You expressly agree that your use of the Services and products purchased through the services is at your sole risk. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from wearing the Products or dyes that bleed from the Products onto other items) and you agree that you will not sue Shupperz for any claim related to any Products purchased through the Services. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

Some states do not allow the exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

THIRD PARTY CONTENT AND OTHER WEBSITES

Content from Shuppers, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain URLs to websites that are not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

 OWNERSHIP OF INTELLECTUAL PROPERTY

You understand and acknowledge that the software, code, and proprietary methods and systems used to provide the Services (“Our Technology”), and the materials, information, and content made available or displayed by us through the Services (collectively, “Our Content”) are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use (a) the App on any compatible device that you own or control, and (b) the other aspects of the Services. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Shupperz or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

 

FEEDBACK

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

MODIFICATIONS TO THE SITE OR SERVICES

We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgment of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.

 

WARRANTIES:

Except as otherwise expressly provided herein, your use of the 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, 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, nor its affiliates or licensors warrant that the Platform is free from viruses, worms, trojan horses, or other harmful components.

Shupperz 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, 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 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’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.



GENERAL RULES OF USER CONDUCT

You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; ( C) constitutes unauthorized or unsolicited advertising, junk or bulk email; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.

 

 

SECURITY/CONFIDENTIALITY OF ACCESS INFORMATION

Use of the Platform may include access to resources, information, and materials which are owned by Shupperz, its subsidiaries or affiliates, and/or owned by third parties and in the possession of or licensed to Shupperz, and which constitutes valuable resources, and trade secrets belonging to Shupperz, 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. You shall return all such Confidential Information, together with any copies, reproductions or other media collection in any form, to Shupperz 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.

 

 

INDEMNIFICATION

If Shupperz gets sued due to your actions, you agree to indemnify us. That means you agree to indemnify and hold harmless Shupperz, 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 holds harmless and indemnification obligations will survive any termination of these Terms and your use of the Platform.

DISPUTES WITH SHUPPERS

Complaints and claims related to a transaction should be directed to  Shupperz. We will review the communication between the Shuppers and the users involved and inform the parties of our resolution. Please contact us in respect of such a dispute resolution process at support@shupperz.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 (in case you are an Israeli-based user) and Shupperz Ltd. or Shupperz US Inc. (in case you are a USA-based user) 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. or Shupperz US Inc. (as applicable). Shupperz Ltd.’s address for such notices is Tozerert Haarets 3, Petach-Tikva, Israel Shupperz US Inc.’s address for such notices is 5 W 37th Street, 12th Floor New York, NY.

Arbitration.  If you and Shupperz 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 the arbitrator shall be determined by the head of the Israeli Bar Association (in case you are an Israeli based user) or head of the New York Bar Association(in case you are a USA based user). The seat and place of the arbitration shall be Tel Aviv – Yaffo, Israel (in case you are an Israeli-based user) or New York (in case you are a USA-based user). 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“) or the equivalent law in New York, 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 (in case you are an Israeli-based user) or New-York court (in case you are a USA based user), 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 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).

 

GOVERNING LAW

The Terms shall be construed under and governed by the laws of the State of Israel (in case you are an Israeli-based user) or the laws of the State of New York (in case you are a USA-based user) 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 (in case you are an Israeli-based user) or the laws of the State of New York (in case you are a USA based user) (to the exclusion of any conflict of laws rules). 

 

CHANGES TO SHUPPERZ SERVICES

We are constantly updating and improving our Platform to find ways to provide you with new and innovative features and services and 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, behaviors 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 and features that you use. 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 reserves the right to modify, temporarily or permanently, the Platform or the App. Shupperz 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

Shupperz 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.

 

 

GENERAL TERMS

These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.

 

 

PROHIBITED ITEMS

Last updated February 2023.

  1.   ALCOHOL:
  1. Alcohol products
  1.   ANIMALS AND ANIMALS’ ORGANS; HUMAN REMAINS:
  2. Any part, pelt, or skin from endangered animals, or items made from cat and dog parts or pelts
  3. Ivory items and ivory derivatives
  4. Examples of prohibited items include, but are not limited to: organs, bone, blood, waste, sperm, and eggs.
  5.   COUNTERFEIT ITEMS, REPLICAS, AND UNAUTHORIZED COPIES:
  1. Counterfeits, fakes, or unauthorized replicas or copies (for example a bag bearing the Gucci® name or logo that wasn’t made by Gucci)
  2. 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
  3. Any product that has been illegally replicated, reproduced, or manufactured is prohibited
  1.   DATA BANKS, MAILING LISTS, AND PERSONAL INFORMATION:
  1. Data banks
  2. Mailing lists
  3. Personal information
  1.   DRUGS AND DRUG PARAPHERNALIA:
  1. Narcotics, steroids, and other controlled substances
  2. Prescription drugs and over-the-counter drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
  3. Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.
  4. Medical drugs and pharmaceuticals.
  1.   FIREARMS, WEAPONS, AND MILITARY ITEMS:
  1. Any firearms, weapons, and military items, regardless of their functionality, construction date, or their being collectibles
  2. The term “firearm” indicates all the parts constituting a firearm, a sporting gun, all types of collectible, vintage, antique, and by signaling guns
  3. Parts of firearms (ammunitions included)
  4. Kit for the construction of firearms
  5. Firearms replicas
  6. All blade weapons, knives, and sharp instruments (for example: kitchen knives, fishing, and scuba knives, blackjacks, clubs, brass knuckles, switchblades, and swords of all kinds)
  7. Pneumatic spearguns
  1.   FIREWORKS AND KIT FOR THEIR IMPLEMENTATION:
  1. Any fireworks, even those available in high street stores
  2. Kit for firework implementation.
  1.   GOODS FROM EMBARGOED COUNTRIES:
  1. To the extent permitted by applicable law at the time of sale in the registered user’s country of residence and/or domicile.
  1.   HAZARDOUS MATERIALS:
  1. For health and safety reasons, most hazardous materials (these include but are not limited to fire extinguishers, radioactive materials, flammable gasses, and solids and toxic substances) can’t be listed on Shupperz Ltd.
  1. MEDICAL DEVICES AND MEDICINES:
  1. All medical devices (prescription and over-the-counter medical devices).
  2. All medical and medicinal products (prescription and over-the-counter medical products).
  1. OBSCENE OR OFFENSIVE MATERIAL:
  1. All material offensive to public morals such as pornographic material, any material representing or describing pedopornography, bestiality, necrophilia, coprophilia, rape, incest in all sorts of publications, films, and other recordings.
  2. All items promoting or celebrating hatred, violence, racial, sexual, and/or religious intolerance.
  3. Items supporting organizations related to these ideologies.
  4. Shupperz Ltd. reserves the right to determine the appropriateness of listings posted to our Platform.
  1. PEDOPORNOGRAPHY:

All material with either implicit or explicit reference to pedopornography, including all forms of erotic art that include minors.

  1. PLANTS, PLANT MATERIAL, AND SEED:

Any plants, plant material, and seed.

  1. TOBACCO:
  1. Tobacco and its derivatives
  2. Tobacco products packaged in classic packaging
  3. Cigars in cellophane wrapping

 

CONTACT INFORMATION

Shupperz LTD:BSR-CITY, TOWER T 9th floor, Tozeret Haarets 3, 4951734 – Petach – Tikva

Shupperz US Inc : 625 Broad Street, Suite 246 Newark, NJ 07102

Support@shupperz.com

Last updated May, 2023