Shopper Terms and Conditions
The words or phrases following have certain meanings:
a) Agreement means this agreement with Shopchums;
b) Account means an account that is created when a person or entity completes a registration in its entirety on Shopchums, and includes a separate contemporaneous agreement by that person or entity to abide by Shopchums General Terms, and further agreement by a registrant to other terms as Shopchums may require, for participation in a specific Shopchums program;
c) Attendee means any Shopper who receives an invitation to a Shopcast, and then accepts the invitation and attends the Shopcast;
d) Business means any person or entity on the Platform operating any type of business, including all types of retailers, wholesalers, distributors, manufacturers, etc. and offering and selling products in all categories and subcategories, who:
ii) can create Shopcasts to offer and sell specific products in specific markets selected by the Business anywhere and at any local time of day; further, the Platform will automatically invite Shoppers, in the selected markets, who have current live Tags for the specific products that the Business wants to feature in the Shopcast;
f) Handle name means a nick name that an individual person may choose to retain anonymity. Note: If an entity operates as a business, the business name must be used (i.e., use of a Handle name for a business is not permitted);
g) License means the right to use this Platform for purposes intended herein;
h) PIPEDA means the Personal Information Protection and Electronic Documents Act;
i) Platform means the www.Shopchums.com, and Shopchums IOS and Android mobile applications, or the Shopchums App, and where Tags, Shopcasts, and other communications are displayed. Product sales do not take place on the Platform;
j) Service or Services means and includes the ability for Shoppers to create Tags 24/7, the ability for Businesses to receive and respond to Shoppers’ Tags of interest 24/7, the ability for Businesses to create Shopcasts 24/7, the ability for Shoppers to communicate with other Shoppers about their Tags, and the ability for both Businesses and Shoppers to publish social shopping, and product information Content on the Platform;
k) Shopchums means the Shopchums website, and the Shopchums IOS and Android mobile applications;
l) Shopcast means a live event on the Platform, which a Business can create to offer and sell a specific product in a Business selected specific market anywhere at any local time, and to which the Platform will automatically and immediately invite all Shoppers on the Platform, in the Business selected market, who have current active Tags for that specific product. As soon as the Business posts a Shopcast on the Platform, the Platform will automatically send invitations to the aforementioned Shoppers, with further Platform automated reminders to those Shoppers 15 minutes prior to the Business selected time for the Shopcast;
m) Shopper means any person or entity having an Account on Shopchums, who can create Tags for products on the Platform and which specifies if the Shopper either wants to buy the products online, or in a specific geographic location, or wants to choose both. Shoppers who are individual persons are encouraged to use a Handle name;
n) Shopper Seller means any Shopper on the Platform who:
ii) can create Shopper Seller Shopcasts to offer and sell a specific pre-owned product in specific markets selected by the Shopper Seller anywhere and at any local time of day; further, the Shopper Seller can invite Shoppers, in the selected markets, who have current live Tags for the specific product that the Shopper Seller wants to feature in the Shopper Seller Shopcast;
p) Tag means any post on the Platform created by a Shopper who wants to find and buy a certain product;
q) You, Your, Users all mean persons or entities registered on and having an Account on Shopchums, and in respective contexts, includes Businesses, Shoppers, and Shopper Sellers;
r) We, Us, Our all mean Shopchums.
1. Your Agreement with Shopchums
1.1. The provisions set out in these Shopper Terms govern Your access to and use of Our Platform and constitute a
legally binding Agreement between You and Us. We may, without prior notice, change these Shopper Terms from time
to time and if We deem it necessary, We shall notify You accordingly. If You do not agree to these Shopper Terms at
the time of registration, or after any revisions thereto from time to time, You must not use Our Platform.
1.2. Subject to Your agreement to abide by these Shopper Terms, We hereby grant to You a revocable, non-exclusive and non-transferable Licenseto use Our Platform.
1.3. By registering for an Account, which requires You to provideUs with certain mandatory information to successfully register on and useOur Platform, You agree and acknowledge that:
1.3.2. You shall ensure that all Users of Your Account abide by these Shopper Terms.
1.4. Shoppersare exclusively responsible any action they take on the Platform, for compliance with legal requirements, and for the resolution of any claims arising from the contracts they conclude with Businesses, and/or other Shoppers in a Shopper Seller Shopcast. In particular, Shopchums does not guarantee:
1.4.2. any products offered on the Platform;
1.4.3. the conduct and performance of any User on the Platform.
1.5. All Users are required to comply with applicable laws when using the Platform and Service. It is each User’s specific responsibility to ensure that any claims or statements they make on the Platform are lawful, and do not in any way infringe on the rights of third parties.
1.6. The Content published on Shopchums by respective Users is not reviewed by Shopchums and does not represent the opinion of Shopchums.
1.7. In order to be able to use the Shopchums Platform, any interested party must register on Shopchums. However, there is no legal entitlement to registration and the use of the Platform. In particular, Shopchums reserves the right to refuse the registration of the interested party without giving reasons
1.8. Shopchums reserves the right to change its Terms at any time and without notice.
1.9. Shopchums is not, and will not, act as a mediator or arbitrator in any dispute which may arise between or amongst Users.
1.10. Shopchums assumes no liability for the Content or information that Users provide, nor the ability to fulfill the requirements that any User may assert.
1.11. Shopchums has no influence on offers made by Businesses, or by Shopper Sellers.
1.12. Shopchums may ask for suitable official documents in order to confirm the correctness of the personal data entered by any User upon registration on Shopchums. User will provide relevant documents to Shopchums on demand, failing which Shopchums may forthwith terminate the User Account.
1.13. Shopchums reserves the right to delete any User’s profile, without prior notification, in the case of false information provide by a User, and/or gross violations of these Terms. In the case of gross deception, falsification of documents or other willful misrepresentation, Shopchums may take any appropriate action it deems necessary, including legal action.
2.Shopchums Platform Services for Shoppers
2.1. Shopchums provides the technical and organizational infrastructure to facilitate communications and connections 24/7 between and amongst Users on the Platform, which infrastructure includes the use of Tags, Shopcasts, and a social site.
2.2. The Service for Users on Shopchums includes opportunity to create profiles in order to share information, create Tags, make offers, create Shopcasts and create and distribute Content, on their own initiative.
2.3. Product sales transactions take place directly between Users away from the Platform; for clarity and emphasis, product sales are not conducted on the Platform.
2.4. The responsibility for the performance of contracts resulting from Users activity on the Platform will always remain exclusively with and between Users; Shopchums is not and will not ever become a contracting party in any such activity.
2.5. Product offers are made and/or accepted entirely at the discretion of the Users. Shopchums has no control over or liability for or in this process. Products are offered or not offered, and/or bought or not bought, between Users in their respective roles, who determine and are responsible and liable for all elements in any product transaction.
2.6. Shopchums is not responsible nor liable for the accuracy, truthfulness or validity of the information Usersmay provide or post on the Platform.
2.7. Users are exclusively responsible and liable for any action they take on the Platform, for compliance with legal requirements, and for the resolution of any claims arising from the contracts they conclude with other Users. Without limiting the general intent of the forgoing, Shopchums does not guarantee:
2.7.2. any products offered and/or sold on the Platform;
2.7.3. the conduct and performance of any User on the Platform.
2.9. Shopchums has no influence on and assumes no liability for any information that Users provide in Tags or in offers made in response to Tags, nor any responsibility to fulfill the requirements that any User may request or have.
2.10. Separately from Business Shopcasts, Shopchums provides the technical and organizational infrastructure to facilitate connections 24/7 between Shopper Sellers and other Shoppers on the Platform.
2.11. Shoppers may create a Shopcast only and strictly for the purpose of offering pre-owned products acquired and intended for personal use. If a Shopper creates a Shopcast, that Shopper is deemed to be a Shopper Seller on the Platform.
2.12. Shopper Sellers are specifically and strictly prohibited from creating Shopcasts to offer products on any basis or in any manner that might be determined to be on a retail or wholesale basis. If it is determined by Shopchums that a Shopper is in contravention of this specific prohibition, with such determination to be solely within Shopchums’ discretion, all privileges available to that Shopper on the Platform will be immediately terminated, and that Shopper will have no recourse against Shopchums. If a Shopper contravenes this prohibition, Shopchums may decide, in its sole discretion, to pursue that Shopper legally.
2.13. Shoppers will not be charged any fees for creating Shopper Seller Shopcasts.
2.14. Shopper Seller Shopcasts will be automatically deleted from the Platform 30 days after they are posted.
3. Uploading Content to Our Platform
3.2. If and when You post Content on the Platform, You represent and warrant to Shopchums that You have the right to publish such Content, and You will not infringe on any third-party copyright, logo, trademarks, patents, or other intellectual property rights, and that Your Content is truthful and accurate.
3.3. We do not assert any ownership over Your Content. You retain full ownership of all ofYour posted Content, and any intellectual property rights, or other proprietary rights associated with Your Content.
3.4. You are fully responsible and liable for any statements or representations in the Content made or provided by You on the Platform, and You expressly agree to exonerate and hold Shopchums harmless from any claims, liability, damages, and legal costs from third parties that may arise as a result of or from Content posted by You on Shopchums.
3.5. You will not initiate any legal action against Us regarding Your Content.
3.6. We have the right, in Our sole and absolute discretion, and without notice to You:
3.6.2. to move Your Content to other locations on the Platform we may deem more appropriate; and
3.6.3. to pre-screen or delete any Content at any time and for any reason;
3.8. We have no obligation to monitor Your Content .
3.9. You are fully responsible for Your Content uploaded to Our Platform, and You expressly agree to exonerate and hold Us harmless from any and all claims from third parties which may arise from such Content.
3.10. You will hold Us harmless for loss of any Content provided by You. 3.11. We will not disclose or distribute the Content uploaded by You, except when required by law, a court of competent jurisdiction, or any governmental or regulatory authority.
3.12. We may use the Content uploaded by You for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such Content shall be anonymized and used only for the purposes of improving the Services and our response to Users of the Platform.
3.13. . We have the right, in Our sole discretion, to disclose Your identity to any third-partyreasonably claiming that any Content posted or uploaded by You to our Platform constitutes a violation of their rights under applicable law.
4. Content Standards
4.1. These Content Standards apply to any and all information and material which You post or upload on Our Platform.
4.2. You must comply with the spirit of these standards as well as the letter. The standards apply to any part of any Content as well as to its whole
4.3. Content must comply with applicable laws in all countries in which they are posted, and in particular, must comply with PIPEDA and GDPR.
4.4. You are responsible for ensuring all Content is current, authentic, truthful and accurate. You ensure that you either have all ownership rights to the Content You post, or all consents or licenses which allow You to upload and post third party content You do not own.
4.5. Content must not:
4.5.2. be in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence, or any duty arising under law;
4.5.3. contain any material which is defamatory of any person, obscene, or inflammatory or promotes any illegal activity, discrimination, violence, or ill-will and hostility;
4.5.4. be threatening or abusive, invade a third party’s privacy, or cause or be likely to cause alarm, or needless anxiety to any third party;
4.5.5. be used to impersonate any person or business, or to misrepresent your identity, or affiliation with any person or business;
4.5.6. give the impression that any Content posted by You is Shopchums Content;
4.5.7. advocate, promote, or assist any unlawful act or include any material which is criminal in nature;
4.5.8. be posted in or on appropriate categories or areas on our Platform;
4.5.9. promote or present any information on or about counterfeit items, or promote or presentany information about stolen goods;
4.5.10. be posted if You are temporarily or indefinitely suspended from using Our Platform;
4.5.11. distribute viruses or any other technologies that may harm Shopchums, or the interests or property of Shopchums Users;
4.5.12. be distributed using any robot, spider, scraper or other automated means to access Our Services for any purpose, or bypass our robot exclusion headers;
4.5.13. interfere with the working of Our Services, or impose an unreasonable or disproportionately large load on Our infrastructure.
4.6. Upon demand by Shopchums, You shall forthwith amend or delete any Content if it is determined by Shopchums, in its sole discretion, that any of the Content posted by You is in contravention of these or any part of these Shopper Terms, and You must not post any further such Content.
5. Reliance on Information
5.1. The Platform is only intended to provide Shoppers and Businesses a way to exchange information, and, as such, should only be considered as an information exchange in any specific situation. Shopchums does not guarantee or represent in any way that such information is accurate, and Usersare required to perform their own due diligence as to the accuracy of any such information. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained on the Platform.
5.2. The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
6.1. We make no representations or warranties of any kind, express or implied, as to the operation of any part or all of Our Platform.
6.2. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness or correctness of any Content on the Platform.
6.3. No third party is authorized to make any statement or representation for or on Our behalf. If any User relies on third party advice, they do so entirely at their own risk.
6.4. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to Our Platform or any Services on it, including but not limited to implied warranties of merchantability and fitness for any purpose herein. We do not warrant that Our Services, Platform, Content, or electronic communications are free of viruses or other harmful components.
6.5. We provide the Services, Platform and all Content on an “as is” basis, unless expressly specified otherwise in writing.
7. Limitation of Liability
7.1. We are not liable for the completeness, accuracy or correctness of any Content and other information uploaded to Our Platform. You expressly agree that your use of the Services and Our Platform is at Your sole risk.
7.2. We will not assist with dispute resolution between You and any Third Party and are not obliged at any time to adjudicate any such dispute. In the event of any dispute, You are responsible for contacting the relevant third party. Without prejudice to the foregoing, We remain entitled at all times to investigate, at Our discretion, any complaint regarding the use of Our Platform or any suspected unlawful activity, and to take any action that we deem appropriate, including filing a report with any appropriate authorities.
7.3. We have no liability to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use Our Services, our Platform or any related website or software) for:
7.3.2. business interruption;
7.3.3. loss of anticipated savings;
7.3.4. loss or corruption of data or information;
7.3.5. loss of business opportunity, goodwill or reputation; or
7.3.6. any indirect or consequential loss or damage.
7.4. Nothing in these Shopper Terms shall limit or exclude our liability formatters in respect of which we are prohibited from limiting or excluding our liabilityunder applicable law, including:
7.4.2. loss of anticipated savings;
7.4.3. death or personal injury resulting from our negligence;
7.5. We shall not be liable for any loss of data or content.
7.6. These Shopper Terms set out the full extent of our obligations and liabilities in respect of the supply of Our Services and Our Platform. Except as expressly stated in these Shopper Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Us. Any condition, warranty, representation or other terms concerning the supply of Our Services and Our Platform which might otherwise be implied in, or incorporated into, these Shopper Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
You agree to indemnify and hold Us, and Our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of Your act, default or omission, whether in Your use of our Platform, Services, and/or any website or software in relation thereto or otherwise, and also in respect of Your breach of these Shopper Terms or any laws or regulations or otherwise.
9. Other Important Terms
9.1. We may transfer our rights and obligations under these Shopper Terms to another organization, but this will not affect Your rights or obligations under these Shopper Terms.
9.2. You may not transfer Your rights or Your obligations under these Shopper Terms to another person, unless Shopchums expressly agrees in writing prior to any such transfer or proposed transfer.
9.3. These Shopper Terms and any document expressly referred to in it constitutes the entire agreement between You and Shopchums, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral. You agree that You shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these ShopperTerms or any document referred to in it. You agree that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Shopper Terms or any document referred to in it.
9.4. If Shopchums fails to insist that an You have not performed any of Your obligations under these Shopper Terms, or if Shopchums does not enforce its rights herein, or if Shopchums delays in doing so, it does not mean that Shopchums has waived any of its rights herein, and it does not mean that You do not have to comply with any obligations herein. If Shopchums does waive a default by You, Shopchums will only do so in writing; however, that does not mean that Shopchums will automatically waive any later default by You.
9.5. Each of the provisions herein operates separately. If any court or competent authority decides that any provision is unlawful or unenforceable, all remaining provisions will remain in full force and effect.
9.6. These Shopper Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Canada. In the event of any such disputes or claims in connection with these Terms, You agree to first engage in good faith discussions with Shopchums to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Canada.