User Agreement Policy for Shoppersmist
Effective for new users immediately and superseding all previous versions of the Shoppersmist User Agreement.
The following describes the terms on which Shoppersmist offers you access to our sites, services, applications, and tools.
Welcome to Shoppermist by using Shoppermist, you agree to the following terms and the general principles for the site of our subsidiaries and international affiliates. If you reside in Canada you are contracting with Shoppermist International AG. If you reside outside of Canada, you are contracting with one of our other Shoppermist companies: In the United States, your contract is with Shoppermist .; in countries within the European Union, your contract is with Shoppermist Europe S.à r.l.; in Ithe Middle East, your contract is with Shoppermist Middle East; in Asia, your contract is with shoppersmist Asia, in all other countries, your contract is with Shoppersmist International. For more information about Shoppermist and its services, visit www.Shoppersmist.com.
This Agreement is effective upon acceptance for new users. For current users, this Agreement is effective October 01, 2015 and supersedes all previous User Agreements. You accept this User Agreement by checking the appropriate box confirming that you read and accept the User Agreement and clicking the Continue button when registering a Shoppermist account; accessing or using Shoppermist site, services, applications, and tools; or as otherwise indicated on a specific site, service, application, or tool. The previous amendment to this User Agreement was effective for all users on October 01, 2015. Please see the General Section of this User Agreement regarding how we may implement amendments to this Agreement from time to time.
Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Limitation of Liability section below).
User name and Password
Your Shoppersmist account may be accessed only by use of your user ID and password. You are solely responsible and liable for any use and misuse of your user ID and password and for all activities that occur under your user ID and password. For security reasons, you must keep your user ID and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Shoppersmist. We recommend that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
Accuracy of Information
We rely on the information you provide through this website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You are required to update your registration information and payment information immediately, if applicable, and will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information. You acknowledge that you will keep your name and address current and accurate in the My Profile section of the applicable Shoppersmist site.
While using Shoppermist site, services, applications and tools, you will not: post content or items in inappropriate categories or areas on our sites and services; violate any laws, third party rights or our stated policies; use our sites, services, applications or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our site, services, applications, or tools; fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot reach the seller to complete your transaction; fail to deliver items purchased from you, unless the buyer fails to meet your posted terms, or you cannot reach the buyer to complete your transaction; manipulate the price of any item or interfere with other users' listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Shoppermist
post infringing, unlawful, false, inaccurate, misleading, defamatory, obscene, or libelous content;
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Shoppermist circumvent any Shoppermist Policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
transfer by any manner any Shoppermist application or your ShopperMist account (including Feedback) and user ID to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Shoppermist or the interests or property of Shoppermist users;
export or re-export any ShopperMist applications or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, modify, or distribute rights or content from the Shoppermist sites, services, applications, or tools or Shoppermist copyrights and trademarks; commercialize any Shoppermist application or any information or software associated with such application; or harvest or otherwise collect information about users, including email addresses, without their consent.
Shoppermist and its community of users (the "Community") work together to keep our sites, services, applications and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Shoppermist Verified Rights Owner (SVRO) program works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VRO team through our Verified Rights Owner (VRO) Program.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, shill bidding, conducting off Shoppermist transactions, manipulating Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue the Shoppermist sites, services, applications, or tools.
To protect against the risk of liability, Shoppermist has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance or the riskiness of the listing category. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.
Many of our sites, services, applications and tools may be accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools.
Some Shoppermist members may reside outside of Canada and some may not speak English or French as a primary language. To assist users who speak different languages, we may translate listings and other Shoppermist content (or user content licensed to Shoppermist), in whole or in part, into other languages. If you are a seller, you may be able to opt out of our automated translation of your listings by, depending on the site, service, applications or tool involved, using the functionality built into such site, service, applications, or tool. We also may provide you with access to tools so that you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from an ShopperMist user. If you request an on-demand translation from such a tool, the accuracy or availability of the resulting translation is not guaranteed.
In some cases, you may be able to sell your items internationally by listing items for sale directly on one or more of Shoppermist international sites. Using various tools, services, and experiences, we may display your listing on an Shoppermist site other than the Shoppermist site where you listed your item for sale, including those situations where you choose to list items with an international shipping option (such as worldwide shipping). However, you may restrict international buyers from purchasing your items if you explicitly exclude international shipping locations from your listings by creating and applying an exclusion list to your listings. If your item is sold to a buyer on an Shoppermist site other than your Shoppermist site of registration, you agree to be subject to that other site's policies and the terms and conditions in Shoppermist International Selling Agreement. You are responsible for complying with all laws and regulations applicable to the sale and shipment of items to international buyers.
Fees and Services
Joining Shoppermist is FREE for Customers and Vendors, There is however a fee for Vendors to access some of those free services and if they want to sell their products on our us. There are different packages to suit your business and we recommend our vendors to match our packages and choose the one that suit their business. The fees we charge for using our services and related terms are listed on our Fees schedule, which we may change from time to time. Our Payments policy describes the methods of payment. Changes to that schedule are effective in accordance with the terms set out in the General section below. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications.
Unless otherwise stated, all fees are quoted in American Dollars USD. You are responsible for paying all fees and applicable taxes associated with our sites, services, applications and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 30 days past due, deducting the amount owed from your Authorized payment system you provided to us on the account balance.) In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, services, applications and tools until full payment is made. As Shoppersmist or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information ShopperMist reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at ShopperMist Inc.955 Renaissance, Drive, ON, L1J 8E9, Canada. If you wish to dispute the information a collection agency reported to a credit bureau regarding your ShopperMist account, you must contact the collection agency directly.
Authorization to Call or Text You; Recording Calls
To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future; we will do so only at the telephone numbers that you have provided to us. If you do not wish to receive such communications, you can opt-out in the communications preference section of your My Profile.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
You understand and agree that Shoppermist may, in its discretion, monitor or record telephone conversations you have with Shoppermist or its agents for quality control and training purposes, for its own protection or as may be required by law. You acknowledge and understand that, while your communications with Shoppermist may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by Shoppermist.
When providing us with content or posting content on the Shoppermist site, services, applications and tools, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and you waive any and all moral right to use the name you submit with such content, if any in connection with Shoppermist rights set out below.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including Shoppermist users). You may use catalogue content solely in connection with your Shoppermist listings during the time your listings are on Shoppermist sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Shoppermist policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
Shoppersmist will hold you accountable or suspend your account if your pricing on the site is different from your in store price. If your Price is for online sale only and not for In store you are required to state that on your posting. If your store accepts online purchases and in store pick up, you are required to mention the estimate wait time for pick up so that the I store pick up is done smoothly.