The Terms are a legally binding contract between you, whether personally or on behalf of an entity and Shuppy.
This contract sets out your rights and responsibilities when you use Shuppy.ie and any other services provided by Shuppy (collectively referred to as our ‘Services’), so please read it carefully. By using any of our Services (even just browsing the site), you’re agreeing to the terms. If you don’t agree with the terms you may not use our Services.
Your Shuppy Account
In order to use some of our services, you'll need to create an account with Shuppy. Here are a few rules that we have about accounts with Shuppy:
You must be 18 years or older to use our services.
It’s prohibited to use false information or impersonate another person or company through your account so please ensure that you provide accurate information about yourself
You’re solely responsible for any activity on your account. If your account is shared with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
These terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and Shuppy.
We don’t make any claim to content you post using our Services, for example shop names, listing photos, listing descriptions, reviews etc.
You understand that you are solely responsible for any content that you post. You confirm that you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it.
By posting your content through our Services, you grant Shuppy a license to use it. This means we won’t make any claim to your content but have your permission to use it to help Shuppy function and grow. That way, we can help to promote your content but not infringe any rights you have on it.
By posting your Content, you grant Shuppy a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, edit, modify, reproduce, distribute, store, and prepare derivative works of your content. This allows us to provide the Services and promote Shuppy, your Shuppy shop or the Services in general, in any formats and through any channels, including across any Shuppy Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using your content. You also recognise our legitimate interest in using it, in accordance with the scope of this licence to the extent your Content contains any personal information.
For example, if you upload a photo of a listing on your Shuppy shop, this gives us permission to display it to buyers, and allows us to resize or enhance it; if you post a beautiful photo of your latest handmade craft we can feature it, along with your shop name and picture, on our homepage, in one of our blogs or even on social media to help promote your business and Shuppy.
Reporting unauthorised content: If content you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us [insert link]. If your content is alleged to infringe someone else's intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer.
You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy or any part of our terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Your use of our services
We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services – subject to the terms and the following restrictions in particular:
You agree that you will not violate any laws in connection with your use of the Services. It's your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions policy and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Shuppy, another Shuppy user or a third party.
You are responsible for paying any fees that you owe to Shuppy. You agree not to crawl, scrape or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
From time to time, Shuppy will provide you with certain legal information in writing. By using our Services, you’re agreeing that your agreement with electronic terms and disclosures has the same legal effect as if you had signed an agreement on paper. To ensure that you receive these communications you must make sure that the contact information in your Shuppy account is accurate, Shuppy is not responsible for your failure to receive any communications if you have failed to update your contact information.
Termination by you: We’d hate to see you go but you are able to terminate your account with Shuppy at any time from your account settings should you so wish. Your account will be cancelled as soon as any outstanding orders have been fulfilled. Terminating your account will not affect the availability of some of your Content that you posted through the Services prior to termination and you will still be responsible for any amounts owed to Shuppy.
Termination by us: We reserve the right to terminate or suspend your account (including any accounts we reasonably believe are related to your account) and your access to the Services should we have reason to believe you, your content, or your use of the Services violates our Terms. It’s important to understand, if we do this, that you don’t have a contractual or legal right to continue to use our Services.
If you or Shuppy terminate your account, you may lose any information associated with your account, including your content.
The terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability
You understand that Shuppy does not manufacture, store or inspect any of the items sold through our Services. We provide the platform; the items in our marketplace are produced, listed and sold directly by independent Sellers so Shuppy cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be bought directly against the seller of the item. You release Shuppy from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that cause physical injury.
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Shuppy is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by sellers that you access through the Services. You release us from all liability relating to that content.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.
Gift Certificates and Promotion: You acknowledge that Shuppy does not make any warranties with respect to your gift card balance and is not responsible for any unauthorised access to, or alteration, theft or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your gift card if your gift card or gift card code has been reported lost or stolen, or if we believe your gift card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your gift card code stops working, your only remedy is for us to issue you a replacement gift card code, By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties: Shuppy is dedicated to making our services the best they can be, but we’re not perfect and unfortunately sometimes things can go wrong. You understand that our services are provided ‘as is’ and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability limits: To the fullest extent permitted by law, neither Shuppy, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms. In no event shall Shuppy’s aggregate liability for any damages exceed the greater of one hundred euros or the amount you paid Shuppy in the past twelve months. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
We hope this never happens, but if Shuppy gets sued because of something that you did, you agree to defend and indemnify us. That means you'll defend Shuppy (including any of our employees) and hold us harmless form any legal claim or demand (including reasonable lawyers' fees) that arises from your actions, your use (or misuse) or our Services, your breach of the Terms, or you or your accounts infringements of someone else's rights.
We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Others
If you have a dispute with another user of Shuppy’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably between yourselves. Shuppy has no obligation to resolve any disputes.
You release Shuppy from any claims, demands and damages arising out of disputes with other users or parties.
Disputes with Shuppy
We hope this won’t happen but if you’re upset with us, please let us know, and hopefully we can resolve your issue satisfactorily. If you have made a complaint and have exhausted all of the dispute resolution options available to you through our Site and with the Seller, the European ‘Online Dispute Resolution Platform’ can be accessed by following this link: http://ec.europa.eu.odr.
Law and Jurisdiction
Contracts for the purchase of goods or services through our platform shall be governed by European law. Any dispute arising from, or related to, contracts shall be subject to the exclusive jurisdiction of the courts of Europe.
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by posting the changes through the Services and/or sending you an email or message about them. That way you can decide whether you want to continue using the Services. Changes are effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated terms.