Shopper Terms of Service
This Mobile Application End User License Agreement (this “Agreement”) is a legally binding agreement between you (also referred to as “your”) and iShopshops, inc. (“Company”). This Agreement governs your use of Company’s mobile application (including all related documentation, the “Application”). References in this Agreement to “you” or “your” refer to both you and any organization on whose behalf you act.
IMPORTANT- READ CAREFULLY: By clicking the “Agree” button (or similarly labelled button), or downloading, installing or using the Application, you (a) acknowledge that you have read and understand this Agreement, and (b) accept this Agreement and agree that you are legally bound by its terms and conditions. If you do not agree with these terms and conditions, you may not download, install or use the Application, and you must immediately delete and permanently purge it from your device (if already downloaded).
Your use of the Application is subject to the below terms and conditions of this Agreement.
Subject to your compliance with all of the terms of this Agreement, Company hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to download, install and use one copy of the Application for the sole purpose of your personal non-commercial use on any electronic devices you own or control. This Agreement does not provide you with title to or ownership of the Application, but only a limited license to use the Application in accordance with the terms of this Agreement. All rights that are not expressly granted to you in this Agreement are retained by Company and its licensors.
The term of this license shall commence upon your earlier download, installation or use of the Application and ends upon the earlier of: (a) you deleting and permanently purging all copies of the Application in your possession from any computer, mobile device or other medium on which you have stored or installed it; (b) your failure to comply with the terms of this Agreement; or (c) Company terminating this license at any time, with or without notice, in its discretion, including if it ceases to support the Application. In the event this license terminates for any reason, then all rights and licenses granted to you hereunder shall terminate, you shall cease to use the Application, and you shall delete and permanently purge all copies of the Application from any computer, mobile device or other medium on which you have stored or installed it. The restrictions and terms in Sections 2 through 12 below shall survive termination of this license and Agreement.
2. Content and Services; Settings.
By using the Application, you further agree that Company may change, alter, or modify the settings or configurations on your device used to store or access the Application in order to allow for or optimize your use of the Application.
3. Account and Your Comments.
In order to access certain functionality of the Application, including purchasing items or posting public-facing comments or direct messaging sellers (“Your Comments”), you may be required to create an account on the Application (“Account”). When creating an Account, Company may ask you to provide certain personal information, create a username and password for the Account, and provide other information. By creating an Account and using the Application, you agree: (a) you are at least eighteen (18) years of age, (b) to only provide accurate, current, and complete information, (c) to maintain and update the information you provide Company, as necessary, (d) to maintain the security of the login credentials to your Account and accept all risks of unauthorized access to your Account, and (e) to immediately notify us if you discover or otherwise suspect any security breaches related to your Account or the Application. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access or use of your Account.
You are solely responsible and liable for Your Comments. You acknowledge and agree that Your Comments may be available and visible to other users around the world. Thus, you should be comfortable sharing Your Comments prior to posting Your Comments to the Application. If you choose to reveal any personal information about yourself to other users, you do so at your own risk. Company advises you to use caution in disclosing any personal or private information to third parties online.
Company has the ability to and may, at any time, monitor or review Your Comments, and, Company may remove, delete, edit, limit, block, or prevent access to any of Your Comments at any time for any reason, in Company’s sole discretion. You agree to indemnify, defend, release, and hold Company harmless from any claims made in connection with Your Comments.
4. Restrictions on Use.
You shall not, and shall not permit any third party, to: (i) modify or create any derivative work of the Application or any part of the Application; (ii) reverse engineer, decompile or disassemble the Application, in whole or in part; (iii) use the Application for any commercial purpose; (iv) distribute, rent, lease, lend, sell, license, assign, export, import, convey or otherwise grant rights to third parties with regard to the Application or any copies or any part of the Application; (v) make a copy (other than a backup copy) of the Application or any part of the Application (other than as expressly permitted herein); (vi) use or install the Application on a network or for on-line use; (vii) remove, modify or obscure any copyright, trademark, or other proprietary notice, author attributions, legal notices or other labels appearing within the Application; (viii) export or transport the Application into any country in violation of any U.S. or other export laws and regulations; (ix) use the Application to develop or market any product, software or service that is functionally similar to or derivative of the Application, any of the Content and Services, or any other Company product, software or service; (x) use the Application to harass or discriminate, or instigate such harassment or discrimination, other users or third parties based on their race, ethnicity, sex, gender identity, sexual orientation, religious affiliation, or disabilities; (xi) use the Application to create, upload, communicate, or transmit content that in Company’s sole discretion constitutes threats of harm, hate speech, libelous, vulgar, defamatory, threatening, abusive, obscene, pornographic, or unlawful content.
The Application may require an Internet connection to access or enable certain features of the Application, authenticate that you have a valid license to the Application, or perform other functions. If the device on which the Application is installed does not have Internet access and the Application does not have the necessary permissions to fully access such Internet access, then the Application or certain features of the Application may not operate or may cease to function properly, either in whole or in part.
The Application may include digital rights management controls and other technical measures to control access to the Application, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Only an Application subject to a valid license can be used to download updates and access any Content and Services. You may not interfere with such access control measures or attempt to disable or circumvent such security features.
5. Payment Terms.
Fees for items, including applicable shipping fees, and ancillary services are described in the Application or documentation Company provides to you. Company does not provide any “buy-now-pay-later” or “layaway” payment options; if you agree to such payment options with a third party service provider the governing terms and credit decisions are in the sole discretion of the service provider. You are solely responsible for any exchange rate differences or additional fees charged by your credit card company or financial institution related to your order. Any dispute of a charge to your payment card must be done in good faith. In the event you dispute a charge, you must notify Company of such dispute. Any disputed charge that is not communicated to Company, or that Company does not respond to, shall be deemed to be in bad faith and fraudulent and Company, in its sole discretion, may freeze or suspend your Account.
You are responsible and agree to pay any and all local, state, federal, or international taxes (including sales taxes) that may be due by you with respect to your transaction. International orders may be subject to duties, import taxes, or customs fees; and some international orders may be delivered duties, import taxes, and customs fees unpaid. You may be required to pay such duties, import taxes, or customs fees upon delivery of your order in accordance with the applicable jurisdiction’s laws. You agree that Company is not responsible for reporting, collecting, or payment of any taxes, duties, or fees on your behalf except for jurisdictions where Company is required as a marketplace facilitator. In accordance with Company’s policies and procedures, and only to the extent necessary to complete a transaction, you agree to provide Company with all relevant tax information which Company may provide to any tax authority in connection with payments you receive from Company and where applicable further authorize Company to release that information to such tax authority or other competent governmental body. Company may suspend your Account, in its sole discretion, if you fail to provide Company with all relevant tax information to support filings to the appropriate tax authority.
If an item is marked as final sale, including vintage and secondhand items, you may only request a refund while the applicable live stream is in session except as otherwise agreed in advance by seller or Company. All refunds must be requested through the "Request Refund" button in the Application. In the case that you dispute the quality of a vintage or secondhand item subject to Section 7 of this Agreement, Company, in its sole discretion, may review the seller’s method for presenting the item and determine if the seller misrepresented item, in which case Company will provide you a refund in accordance with Company’s policies and procedures.
6. Auctions; Promotions.
By entering into an auction event you are agreeing to the applicable auction terms and rules. All auction bids and purchases are final, cancellation of a bid or purchase is not permitted. In the event your auction bid wins, your payment method on record will be charged automatically. Coupons, promotional, or discount codes are not valid for auction items. Seller, in its sole discretion, may set a minimum price or reserve price in which an item must reach prior to the sale of such item.
Company may furnish an alphanumeric code that can be used for promotions or discounts purchases through the Application. Any promotional or discount code you receive from Company is subject to the applicable promotional or discount supplemental terms. Company may amend the applicable promotional or discount supplemental terms at any time, for any reason.
All shipping costs are final. You are responsible for identifying the applicable shipping address for any item you purchase through the Application. If you desire to make modifications to the shipping address, you must make the modification prior to the seller’s acceptance of such order. Any modifications to shipping addresses after such acceptance will result in the cancellation of the order, and a new order must be placed with the new shipping address. Company does not guarantee merchandise availability in the event you modify the shipping address. Each order is treated as a separate shipment for fulfillment and shipping purposes. Orders will not be processed as bundles regardless of whether the items were purchased from the same seller. We have no obligation to provide a refund for any shipping costs arising from bundles.
Company is not responsible for the fulfillment or shipment of the purchased items. Fulfillment and shipping times will vary based on seller's location and the shipping address. Company will honor refund requests if (a) the order has not shipped after fourteen (14) calendar days or (b) if the order has not reached the shipping address within twenty-one (21) calendar days of the third party shipment carrier taking possession of the order.
If you do not receive the purchased item, you must report the issue to Company within three (3) business days of the latest estimated delivery date in accordance with Company’s policies and procedures. Subject to the seller completing the shipping carrier’s claims process for lost or non-delivered items, Company will only provide a refund if the seller or the shipping carrier determines the item was not delivered. Company has no obligation to provide you a refund for any item you voluntarily return to seller or Company. Any approved and processed refunds will be reflected on your balance in the Application.
Company has the right, in its sole discretion, to refuse to accept voluntary returns or other refunds and/or to charge restocking fees for voluntary returned or abandoned items. If you refuse to accept delivery of a package sent to the shipping address on file, Company will consider the property abandoned after thirty (30) days and may charge you reasonable expenses incurred due to such refusal to accept delivery.
Upon receipt of an order, it is your sole responsibility to examine and confirm the item is authenticate. If you question the authenticity of an item, you must follow the process outlined in Company’s policies and procedures to dispute such authenticity, including, but not limited to: (a) notify Company of authentication issue within three (3) business days of you taking possession of the purchased item, (b) no removal or tampering with the “Verified Seller” tag from the item in question, and (c) obtaining a formal judgment from a third party authentication service. The “Verified Seller” tag is not a warranty as to the authentication of an item, but signifies that Company verified the seller as a purveyor of authenticate items. If you remove or tamper with the “Verified Seller” tag, Company shall have no obligation to honor any third party authentication judgment or any verification requests. If the third-party authentication service finds that the item is unauthentic, Company will refund you the cost of the purchased item(s) less any related expenses as provided for in Company’s policies and procedures. At Company’s sole discretion, Company may also offer third party authentication services in accordance with documentation Company provides to you.
9. Damaged or Missing Item; Fraud.
If you receive a damaged order or an item is missing, you must notify the seller within three (3) business days of you taking possession of the damaged item or the third party carrier’s delivery date. The seller, in its sole discretion, will determine the availability of a refund. If you notify Company, within the three (3) business day timeframe of such damaged or missing item, Company will refer the matter to the seller for the seller to determine the availability of a refund.
Company takes counterfeiting and fraud seriously. As further described in Company’s policies and procedures against fraud, Company in its sole discretion may request you provide the following, including, but not limited to: (a) a picture of your photo identification (i.e. state license, passport, government issued identification card) and (b) the last four digits of the payment card used for the recent order. If you fail to provide the requested documentation within three (3) business days of such request, Company, in its sole discretion, may cancel the order and/or freeze or suspend your Account.
10. Ownership and Proprietary Rights.
Company and its licensors are the sole owners of the Application and of all right, title and interest therein, including, but not limited to, all copyright, trade secret, patent, trademark and other intellectual property rights in and to the Application, and including with respect to the Application code, algorithms, graphics, characters, and audiovisual elements that comprise or are displayed by the Application. The Application is protected by copyright and other intellectual property laws and treaties. The Application is licensed, not sold. You acknowledge and agree that any unauthorized use of the Application is a violation of this Agreement as well as a violation of intellectual property laws, including, without limitation, copyright laws and trademark laws.
You represent and warrant to Company that: (i) when downloading and registering this Application you have provided, and will continue to provide, information that is correct and current; (ii) your performance under this Agreement and use of the Application will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign; (iii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iv) that you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Information Collected by Company and Privacy.
12. Disclaimer of Representations and Warranties; Limitation of Liability.
The Application is provided “as is” and with all faults, and Company makes no representation or warranty with respect to the performance or function of the Application or with respect to benefits you may attain from use of the Application. Company, to the full extent permitted by applicable law (some jurisdictions limit disclaimers of consumer warranties), hereby disclaims any and all representations and warranties, express or implied, by operation of law or otherwise, regarding or relating to the Application or any benefits you may attain from use of the Application, including, but not limited to, any warranties of merchantability or fitness for a particular purpose, or of reliability or availability or that the Application will be uninterrupted or error free or that it will be interoperable with any other application or service.
To the maximum extent permitted by applicable law, Company and its licensors will not be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages resulting from your use, misuse or possession of the Application, including from the malfunction of or inability to use the Application, including, but not limited to, inability to purchase a product, damages to property, computer failure, loss of revenue, profits or goodwill, unauthorized access to or alteration of, or loss of or damage to, your transmissions of data or any other matter relating to the information or content contained within or accessed through the Application, personal injuries from any causes of action arising out of or related to this Agreement or the Application, whether resulting from breach of contract, tort or other legal liability whatsoever, even if Company has been advised of the possibility of such damages. The maximum aggregate liability of Company arising out or relating to this Agreement and your use and possession of the Application shall not exceed the total fees paid by you in the prior year for your license to the Application.
You should contact Company concerning any defects or performance issues in the Application using the contact information provided below. Company will make reasonable efforts to respond to questions relating to the Application, but makes no representation or warranty that it will resolve all questions or that questions will be answered within a given time. Company shall be under no obligation to provide any other support or maintenance services for the Application. The market or application store from where you downloaded the Application has no responsibility to provide support and maintenance for the Application or its installation, and all requests for any support and maintenance, and any complaints, with respect to the Application should be addressed to Company by email at email@example.com.
(a) You may not assign, sublicense, or transfer this Agreement or any of your licenses, rights, or obligations under this Agreement without the written consent of Company (in its sole discretion). Company may freely assign this Agreement, in whole or part, including to an affiliate, or to an acquirer of or successor to the Application or Company’s business or assets related thereto. Any assignment, sublicense, or transfer by you in violation of this subsection shall be void and without force or effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
(b) Company may from time to time in its sole discretion develop and provide Application updates, which may include new versions, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your device is connected to the internet either: (1) the Application will automatically download and install all available Updates; or (2) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the “Application” and be subject to all terms and conditions of this Agreement unless they are subject to a different Company license agreement. Company reserves the right to discontinue any Content and Services and to discontinue supporting the Application or its network, in whole or in part.
(c) You acknowledge that the Application may be subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that may apply to the Application, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and any other applicable governments. The information provided in connection with the Application 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 Company to any registration requirement within such jurisdiction or country. This Application is controlled by Company from its offices within the United States of America and Company makes no representation that the Application, or any of the Content and Services, are appropriate or available for use in other locations. Those who choose to access the Application from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable.
(d) All questions concerning the validity, operation, interpretation, and construction of the Agreement will be governed by and determined in accordance with the substantive laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions. The United National Convention for the International Sale of Goods shall not apply.
(e) We will attempt to resolve disputes with users of the Application to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any disputes arising out of or relating to the Application or this Agreement (including the validity and scope of the agreement to arbitrate and any disputes with other users of the Application) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in Boston, Massachusetts, unless the AAA or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us.
You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets. In addition, you or we may elect to bring an individual claim in a small claims court, but we do not hereby agree to any personal jurisdiction that is otherwise lacking. You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US.
If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.
(f) Any delay or failure on the part of Company to exercise or enforce any rights under this Agreement to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. Any waiver by Company must be in writing to be enforceable, and then shall not apply to any other time, right or privilege. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.
(g) You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Application or this Agreement must be commenced within one (1) year after such claim or cause of action arose or be forever barred.
(h) This Agreement is the complete and exclusive agreement between you and Company regarding the Application and your license to the Application and it supersedes and renders null and void any and all prior agreements, understandings, representations, conditions, and other communications between Company and you with respect thereto. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, it shall be severed to the minimum extent required for the other provisions to continue in full force and effect. The Agreement may be modified from time-to-time by Company at the same time when the Application is Upgraded and your continued use of the Application after such Upgrade means that you have agreed to accept any changes or modifications made by Company to this Agreement. Otherwise, this Agreement may only be modified by a writing signed by Company. All section headings contained in this Agreement are for convenience of reference only, do not form a part of this Agreement and are not to be considered in construing or interpreting this Agreement.
(i) This Agreement constitutes a valid and binding agreement between Company and you, as a user, for the use of the Application. You hereby agree and acknowledge that this Agreement covers all your use of the Application, whether it be from this installation or from any other device or medium where the Application has been installed, by you or by third parties. Furthermore, by installing and continuing to use the Application you agree to be bound by the terms of this Agreement and any new versions hereof.
(j) You agree that Company’s licensors are third-party beneficiaries of this Agreement, with the right to enforce relevant provisions relating to their intellectual property.
(k) The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under this Agreement, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
14. Terms Applicable if Accessing the Application Through an Apple Device.
If you are accessing or using the Application through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Agreement by this reference:
(a) To the extent that you are accessing the Application through an Apple device, you acknowledge that this Agreement is entered into between you and Company and, that Apple, Inc. (“Apple”) is not a party to this Agreement other than as third party beneficiary as contemplated by Section 8(i) of this Agreement below. You acknowledge that Company, and not Apple, is responsible for providing the Application and content thereof.
(b) The license to the Application granted in Section 1 of this Agreement is further limited to installing and using the Application only on an iPhone or iPad that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service (see www.apple.com/legal/itunes/us/terms.html). For purposes of clarity, the license granted to you in Section 1 of this Agreement is non-transferable.
(c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Application. To the extent that there are any such maintenance or support obligations under applicable law or the terms of this Agreement, Company is solely responsible.
(d) In the event of any failure of the Application to conform to any applicable warranty (none of which is granted under this Agreement), you may notify Apple, and Apple will refund the purchase price for the Application to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any after giving effect to the disclaimers of warranties and limitations of liability in this Agreement) will be Company’s sole responsibility.
(e) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Company, Company, and not Apple is responsible for addressing any claims you or any third party may have relating to the Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Company’s liability to you beyond what is permitted by applicable law.
(f) You agree that in the event of a third party claim that the Application or your possession and use of the Application infringes on a third party’s intellectual property rights, Company (and not Apple) will be solely responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(g) If you have any questions, complaint or claims with respect to the Application they should be directed to Company by email at firstname.lastname@example.org.
(h) You agree to comply with applicable third party terms of agreement when using the Application.
(i) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Last Updated: Feb 2023