Terms and conditions of Service

Welcome to Shoppi. Shoppi provides online shopping, mobile app shopping, Point of Sale, online advertising and social shopping services on computers, mobile phones and other devices (“Shoppi ready devices”). These terms and conditions outline the rules and regulations for the use of Shoppi's Website and services.

Shoppi legal addresses:

The following terminology applies to these Terms and Conditions and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, https://www.shoppiapp.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Shoppi.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Shoppi, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By accessing this web site, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.

The last update to our Terms of Service was posted on Nov 11, 2016.

Definitions
The terms "us" or "we" or "our" refers to Shoppi, the owner of the Website.

A "Visitor" is someone who merely browses our Website, but has not registered as Member.

A "Member" is an individual that has registered with us to use our Service.

Our "Service" represents the collective functionality and features as offered through our Website to our Members.

A "User" is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".

Membership, Your Shoppi subscription will continue year-to-year until terminated. Unless you cancel your membership before your annual renewal date, you authorize us to charge your next year’s payment to your Payment Method (see "Cancellation" below). To use the Shoppi service you must have Internet access and a Shoppi ready device, and you must provide us with a current, valid, accepted method of payment.

Free Trial

1. Your Shoppi subscription may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. You will be notified during sign-up whether you are eligible for a free trial.
2. We will bill your Payment Method for your fee at the end of the free trial period unless you cancel your trial prior to the end of the free trial period. The annual membership price will be agreed upon when you start your trial. The free trial period will last for one month after signing up.

Billing,

1. Billing Cycle. The subscription fee for our service will be billed on an annual basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month
2. Cancellation. You can cancel your Shoppi subscription at any time, and you will continue to have access to the Shoppi service through the end of your annual billing period. We do not provide refunds or credits for any partial-annual subscription periods. To cancel, please raise a ticket at http://support.Shoppi.net . If you cancel your membership, your account will automatically close at the end of your current billing period.
3. Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following email notice to you

Cookies, We employ the use of cookies. By using Shoppi's website you consent to the use of cookies in accordance with Shoppi’s privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

License, Unless otherwise stated, Shoppi and/or it’s licensors own the intellectual property rights for all material on Shoppi All intellectual property rights are reserved. You may view and/or print pages from https://www.shoppiapp.com for your own personal use subject to restrictions set in these terms and conditions.
You must NOT:

• Republish material from https://www.shoppiapp.com
• Sell, rent or sub-license material from https://www.shoppiapp.com
• Reproduce, duplicate or copy material from https://www.shoppiapp.com
• Redistribute content from Shoppi (unless content is specifically made for redistribution).

Customer Support, To find more information about our service and its features or if you need assistance with your account, please visit Shoppi Support Centre on our website http://support.Shoppi.net

Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Shoppi’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Shoppi’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Shoppi at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Restricted Uses
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Shoppi without express composed consent. You might not use any meta tags or any various other "unseen text" utilizing Shoppi's name or trademarks without the express written consent of Shoppi. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Shoppi, in other way that is likely to trigger confusion among consumers, that disparages or challenges Shoppi or its licensors, that dilutes the strength of Shoppi's or its licensor's residential property, or that otherwise infringes Shoppi's or its licensor's copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that Shoppi develops to generate or show any Material of the pages making up the Website is likewise secured by Shoppi's copyright, and you may not copy or adjust such code.

Shoppi has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.

If alerted by a User of any products which allegedly do not conform to these Terms, Shoppi could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Shoppi has no liability or duty to Individuals for efficiency or nonperformance of such activities.

Electronic Communication
You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.

Your Account
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Shoppi additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it's sole discernment.

Shoppi does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. Shoppi books the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.

If you post an evaluation or send comments, and unless Shoppi suggests otherwise, you grant Shoppi a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant Shoppi and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify Shoppi for all claims resulting from Content You supply. Shoppi has the right but not the commitment to edit and keep track of or eliminate any task or Material. Shoppi takes no duty and assumes no liability for any content published by You or any 3rd party.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Shoppi reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Revisions and Errata
The materials appearing on Shoppi’s Website could include technical, typographical, or photographic errors. Shoppi does not warrant that any of the materials on its Website are accurate, complete, or current. Shoppi may make changes to the materials contained on its Website at any time without notice. Shoppi does not, however, make any commitment to update the materials.

Disclaimer
The materials on Shoppi's Website are provided "as is" Shoppi makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Shoppi does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Shoppi nor the Website has control over the quality or fitness for a particular function of a product. Shoppi likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.

THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY Shoppi ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Shoppi MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS Website OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

Haftungsbeschränkung, Ausschluss von Folgeschäden & Risikoallokation
SOWEIT GESETZLICH ZULÄSSIG, HAFTET SHOPPI (EINSCHLIESSLICH SHOPPI INC., SHOPPI UG, SHOPPI LTD), SEINE VERBUNDENEN UNTERNEHMEN, GESCHÄFTSFÜHRER, MITARBEITER ODER LIEFERANTEN GEGENÜBER DEM HÄNDLER NICHT FÜR MITTELBARE SCHÄDEN, NEBENSCHÄDEN, BESONDERE SCHÄDEN ODER FOLGESCHÄDEN (EINSCHLIESSLICH ENTGANGENEM GEWINN, UMSATZAUSFÄLLEN BEI AKTIONEN WIE BLACK FRIDAY/CYBER MONDAY, DATENVERLUST, GESCHÄFTSUNTERBRECHUNG ODER REPUTATIONSSCHÄDEN), UNABHÄNGIG VON DER ANSPRUCHSGRUNDLAGE.

Gesamthaftungsgrenze (Liability Cap)
DIE GESAMTE KUMULIERTE HAFTUNG VON SHOPPI AUS ODER IM ZUSAMMENHANG MIT DIESEM VERTRAG IST DER HÖHE NACH BESCHRÄNKT AUF DIE SUMME DER VOM HÄNDLER IN DEN LETZTEN ZWÖLF (12) MONATEN VOR DEM SCHADENSFALL AN SHOPPI TATSÄCHLICH GELEISTETEN VERGÜTUNGEN.

Ausschließlichkeit der SLA-Rechtsbehelfe (Service Credits)
Gutschriften im Rahmen der Shoppi Service Level Agreements (SLA) stellen den einzigen und ausschließlichen finanziellen Rechtsbehelf des Händlers bei Ausfällen, Latenzen oder Nichterreichbarkeit der Plattform dar.

Spezifische Bestimmungen nach Rechtsordnung:

• Deutschland (AGB-Prüfung / §§ 305–310 BGB): Die vorstehenden Haftungsbeschränkungen gelten nicht für Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit, bei Vorsatz (intent) oder grober Fahrlässigkeit (gross negligence) sowie bei der Verletzung wesentlicher Vertragspflichten (Kardinalpflichten). Bei leicht fahrlässiger Verletzung von Kardinalpflichten ist die Haftung auf den vertragstypischen, vorhersehbaren Schaden begrenzt.
• Italien (Art. 1341 & 1342 c.c.): Für Händler mit Sitz in Italien ist beim Checkout die gesonderte Bestätigung für automatische Verlängerung, Haftungsgrenzen und Gerichtsstand verpflichtend.
• Auftragsverarbeitungsvertrag (DPA & EU-Standardvertragsklauseln): Für die Verarbeitung personenbezogener Kundendaten gilt der Data Processing Agreement (DPA) inkl. EU-Standardvertragsklauseln (SCC) als verbindlicher Vertragsbestandteil nach Art. 28 DSGVO.

Anwendbares Recht & Gerichtsstand
Für Verträge mit Shoppi Inc. (USA) gilt das Recht des US-Bundesstaates Delaware (Gerichtsstand Wilmington). Für Verträge mit Shoppi UG gilt deutsches Recht (Gerichtsstand Berlin). Für italienische Händler gilt Mailand, unbeschadet zwingender gesetzlicher Vorschriften.