Last updated : 22 June 2020
These Terms and Conditions governs your use of the software Shoppica (“Application”) for mobile devices. The application aims to offer a marketplace for users where they can buy, sell and share their pre-loved accessories.
Shoppica is a company creating and providing a social selling, buying and swapping platform with the aim to help make the world a little greener. By participating and making a change together with Shoppica you also comply with these general guidelines when using Shoppica’s Services.
a) When using Shoppica’s Services you will respect the community and other users and Shoppica trust that you to be responsible and not misuse Shoppica’s Services.
b) Shoppica does not support any content that promotes or condones violence against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, sexual orientation, or gender identity, or any content with the purpose of inciting hatred on the bases of these characteristics.
c) Shoppica and Shoppica’s services are not for pornography or sexually explicit content. You understand and agree not to post such Content on Shoppica’s Services.
d) Harassments, threats, intimidation, invading someone’s privacy, revealing people’s personal information, or similar or inciting others to commit similar acts, are strictly forbidden using Shoppica’s Services and anyone caught committing these acts may be permanently banned from Shoppica.
e) You as a user of Shoppica’s Services understand and agree to notify Shoppica, by using the notification system supported in Shoppica’s Services, if you are made aware of any Content or Activity that does not comply with the General Guidelines stated in this Agreement. Shoppica does not review nor supervise any Content submitted by the users and it is therefore your responsibility to notify Shoppica of any inappropriate Content or Activity
This Agreement is applicable from January 22, 2020
a) This is an agreement between you and Shoppica and its affiliates and applies to your use of the Shoppica Services (as specified below). You must read, agree with and accept all of the terms and conditions contained in this agreement to be able to use the services
b) This software is licensed, not sold. Your use of the software (as specified below) is subject to the terms and conditions set forth in this Agreement. By installing, using or accessing the Shoppica services or any materials included in or with the Shoppica’s services, you hereby accept the terms of this Agreement. In order to use Shoppica’s Services you must firstly agree to the Terms. If you do not accept the terms of this Agreement, do not install, use or access the Shoppica’s Services.
c) You may not use Shoppica’s Service and may not accept the Terms if
(1) you are not of legal age to form a binding contract with Shoppica under the laws of the country in which you are resident or from which you access or use Shoppica’s Services, or your legal guardian has reviewed and agrees to these terms and accepts your use and access to Shoppica’s Services, or
(2) you are a person who is either barred or otherwise legally prohibited from receiving or using the Shoppica’s Services under the laws of the country in which you are resident or from which you access or use Shoppica’s Service.
a) “Hardware” means all hardware distributed, manufactured, or otherwise created by Shoppica or its affiliates.
b) “Software” means all software programs distributed, published or otherwise made available by Shoppica or its affiliates.
c) Hardware, Software, Services are collectively referred to as “Shoppica Services” or “Shoppica’s Services”.
d) “Content” includes text, software, graphics, photos, scripts, sounds, music, videos, audiovisual combinations, and other materials you may view or access through or contribute to the Service.
e) “Metadata” includes information about other data or Content, including but not limited to, information regarding location of Content, the Content’s timestamp, etc.
f) “Terms” means the Terms and conditions set out in this Agreement
Subject to this Agreement and its terms and conditions, Shoppica hereby grants you a non-exclusive, non-transferable, non-sub licensable, limited right and license to use one copy of the Software. The rights granted herein are subject to your compliance with this Agreement. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement is not to be construed as a sale of any rights in the Software.
This Agreement represents the complete Agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Shoppica reserves the right to make changes the Terms or the Agreement from time to time. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms or Agreement (the “Modified Terms”) will be posted at www.intransenze.com or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms or Agreement you must stop using the Service. Your continued use of the Service after the date the Modified Terms or Agreement are posted will constitute your acceptance of the Modified Terms or Agreement.
To use some of Shoppica’s Services You must create a Shoppica account. When creating the account you must provide complete and accurate information.
a) You agree that you will be solely responsible to both Shoppica and others for all activity that occurs under your Shoppica account.
b) You must notify Shoppica immediately if you notice any breach of security or unauthorized use of your Shoppica account
You are hereby granted permission to access and use Shoppica’s Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part and that you are solely responsible for the consequences for such breach; a) Breach this Agreement or any other agreement or policy that you have agreed to with Shoppica. b) Infringe Shoppica or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy. c) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. d) Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information.| e) Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission. f) Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the Shoppica services. g) Take any action that may cause us to lose any of the services from our internet service providers or other suppliers. h) Distribute, license, loan or sell the Software or any other content that is contained or displayed in it. i) Modify, alter, or create any derivative works of the Software. j) Reverse engineer, decompile, decode, decrypt, disassemble, Or derive any source code from the Software. k) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software.
By having a Shoppica Account you are provided with the possibility to submit User Generated Content; a) You hereby acknowledge and understand that in order to submit Content you are required to use a web based third party file hosting service. By submitting Content you acknowledge and understand that users are able to view this submitted Content which resides on your web based third party file hosting service. b) You retain all of your ownership rights in your Content, however, you are required to grant a worldwide, non-exclusive, royalty-free, transferable license (with the right to sub-license) to use, distribute, prepare, reproduce, display, and perform any Metadata of that Content in connection with the provision of Shoppica’s Services and otherwise in connection with Shoppica’s business. c) You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Shoppica does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Shoppica expressly disclaims any and all liability in connection with Content. d) You agree that Content you submit to Shoppica’s Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Shoppica the license referred to in paragraph a) above. e) You acknowledge and understand that in order to use some of Shoppica’s Services You are obliged to follow any Video-Surveillance Acts and laws of the country which you are resident or from which you access or use Shoppica’s Service. By following Video-Surveillance Acts you might require a permission from an authorized organization, governmental body or similar. It is your responsibility to acquire correct permission if such is necessary. Using Shoppica’s Services without necessary permission is deemed as a breach of this Agreement. f) You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Shoppica to use or possess in connection with the provision of Shoppica’s Services. g) On becoming aware of any potential violation of these Terms, Shoppica reserves the right (but shall have no obligation) to decide whether Content complies with the Content requirements set out in these Terms or in any other guidelines provided by Shoppica, and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion. h) You understand and agree that the Content You submit to Shoppica’s Services will not contain any information that has not been anonymized including, but not limited to, blurring a person’s face or Content that contains name, personal data or similar. i) You agree that your conduct when using Shoppica’s Services will comply with (and you agree that the content of all of your Content shall comply with) Shoppica’s Guidelines, as stated above. j) You further understand and acknowledge that in using Shoppica’s Services, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Shoppica with respect to any such Content.
Any copyright, patents, design rights and all other Intellectual Property Rights in the Software, related documentation and material, including new versions, updates and other amendments are and will remain the exclusive property of Shoppica. The structure, organization, and source code of the Software are valuable trade secrets and confidential information of Shoppica. The Software is protected by law, including but not limited to the copyright laws of the United States of America and other countries, and by international treaty provisions.
You expressly acknowledge and agree that use of Shoppica’s services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the licensed software and any services performed or provided by the software are provided “as is” and “as available”, with all faults and without warranty of any kind, and Shoppica hereby disclaims all warranties and conditions with respect to the licensed software and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Shoppica and its Shoppica’s affiliates does not warrant against interference with your enjoyment of the licensed Service, that the functions contained in, or services performed or provided by, the licensed software will meet your requirements, that the operation of the licensed software or services will be uninterrupted or error-free, or that defects in the licensed software or services will be corrected. No oral or written information or advice given by application provider or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
To the extent not prohibited by law, in no event shall Shoppica or Shoppica’s affiliates be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including but not limited to, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use Shoppica’s services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Shoppica provider has been advised of the possibility of such damages. some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
a) The term of Your licenses under this Agreement shall commence on the date that You accept this Agreement and install or otherwise use the Software and/or Shoppica’s Services and ends on the earlier date of either Your disposal of the Software and/or Services or Shoppica termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this Agreement.
b) Termination of this Agreement for any reason will not affect the applicability of any of the terms of this Agreement with respect to your past use of the Shoppica’s Services. You acknowledge that termination of this Agreement may result in the deletion of data and settings, but Shoppica is under no obligation to do so.
a) You authorize Shoppica to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or requiring you to take steps to confirm ownership of your email address.
b) You agree that Shoppica may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Shoppica may use this information, to improve its products or to provide services or technologies to you. You further acknowledge that the Licensed Application enables the use of location-based functionality (GPS). To the extent you use the location-based Services, You agree that Shoppica, or any third party designated by Shoppica, may collect, transmit or otherwise use such positioning data for the purpose of providing the location-based Services.
c) You acknowledge and agree that each member of the group of companies of which Shoppica is or becomes a part of shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them.
d) You agree that if Shoppica does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Shoppica has the benefit of under any applicable law), this will not be taken to be a formal waiver of Shoppica’s rights and that those rights or remedies will still be available to Shoppica.
e) You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using Shoppica’s Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use Shoppica’s Services.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
This Agreement shall be governed by the substantive law of United States of America, without regard to its conflict of local laws rules. All disputes, differences or questions arising out of or in connection with this agreement shall be finally settled by American courts.