ACCEPTING THESE TERMS
THE SHUPPERZ PLATFORM
The Platform is a mobile social application that enables the connection between an App user and personal shoppers (AKA “Shuppers”) both on the domestic market and the cross-border markets. You can find out more information about the Platform and its features at: www.shupperz.com.If you agree on the terms of any transaction (i.e., purchase within the App) with a Shupper, you and such Shupper enter into a direct agreement, concerning a such transaction. Any terms of such agreement may not conflict with these Terms and may not expand Shupperz’s obligations or restrict Shupperz’s rights under these Terms. You agree that Shupperz is not a party to any transaction agreement between you and any Shuppers, and such agreement will not, under any circumstance, create an employment or other service relationship between Shupperz and any of the Shuppers.
The Platform only enables connections between Shuppers and the App users in order to communicate and carry out transactions. A transaction is the purchase of goods by Shuppers on behalf of users whereas, the Shuppers purchase the goods and the users pay for the goods and their delivery via the App. The Shuppers are liable for the goods until hand-off to Shupperz personnel for shipment. Shupperz is not responsible for the performance of any Shuppers, nor does it have control over the timing, legality, failure to provide, or any other aspect whatsoever of any transactions, or Shuppers, nor of the integrity, responsibility, or any of the actions or omissions whatsoever of any Shuppers, nor does it make any representations relating to the existence, quality, safety, genuineness or legality of sold items or any content made available by Shuppers and/or the ability of Shuppers to buy an item and/or the ability of users to pay for them or the transactions in any manner.
Shupperz reserves the right to deny your access to the Platform if we reasonably believe you are in breach of these Terms for any reason whatsoever in our sole discretion.
YOUR ACCOUNT WITH SHUPPERZ
In order to sign up as a user to the Platform, you need to create an account with Shupperz. Here are a few rules about accounts with Shupperz:
To safeguard the interests of all users, it is not permitted to purchase an item by making direct arrangements with Shuppers outside the App or to use a payment method other than the approved methods available through the Platform. Please note that purchasing an item in any other way is a breach of these Terms and can result in, among other things, suspension or termination of your account.
Users shall enter into transaction agreements directly with the Shuppers. Shupperz will not be a party to any transaction agreements. Payment for transactions shall be made through the Platform and Shupperz shall be in charge of transferring the applicable funds to the Shuppers when due.
Shupperz partners with third-party payment processors to facilitate card payments and other payments and the disbursement of funds.
Shupper fee: The user shall pay a minimum of $10, excluding tip, as a service fee to the shupper for each transaction. The shupper shall be entitled to set a higher service fee, as shall be agreed between the shupper and the user in relation to the applicable transaction.
When a user completes a payment request, he/she/it automatically authorizes Shupperz to provide the details regarding such user’s transaction payment to our third party payment processing service provider and to collect and process via such partner an amount equal to the Total Purchase Price (as defined below) specified in the payment request plus, in case of currency conversion, a processing fee of 5% of the Total Purchase Price (the “Processing Conversion Fee“).
The “Total Purchase Price” will include all of the following:
(i) the goods purchase price to be paid by the Shupper (the “Store Price“);
(ii) the shipping fee (the “Shipping Fee“); plus
(iii) the service fee and/or tips paid to the Shupper (the “Shupper Fee“) .
(iv) any due taxes, customs, and duties.
(v) any other additional payment as may be added to the Total Purchase Price.
Following the user’s confirmation of receipt of the package and confirmation of goods (the “Delivery Confirmation“), or within 48 hours from the notification of the logistics company that the package has been delivered, the earlier to occur, users hereby automatically authorize Shupperz and our third-party payment processing service provider to charge the Total Purchase Price from the user and to credit the Shupper for 100% of the value of the goods and 70% of the Shupper fee and/or tips received from the users and to credit Shupperz for any remaining amount from the Total Purchase Price.
If any disputes are raised after a payment has been released to the Shupper, Shupperz may place a hold on the Shupper’s account or withhold any future payments to a Shupper (up to the value of the amount in dispute), until the dispute has been resolved.
Shupperz reserves the right (but not the obligation), in its sole discretion, upon request from a user or Shupper or upon notice of any potential fraud, unauthorized charges, or other misuse of the Platform, to (i) place on hold any payment transfer, or (ii) refund, provide credits or arrange for a third party to do so.
Upon completing the purchase of the goods by the Shupper, as requested by the user, the package is deemed closed, and the purchased goods are handed over to Shupperz personnel for shipment, unless the user requests to keep the package open for future purchases by the same Shupper.
The package shall remain open for seven (7) additional days (the “Additional Period“) after the Shupper completes its first purchase. Upon expiration of the Additional Period, the package will be closed and handed over to Shupperz personnel for shipment.
Shuppers shall use the shipping service provided by Shupperz.
As a user, you may return any item subject to the return policy of the retailer from which the item was purchased. Please note that Shupperz has no obligations or liability to any user in relation to any return policy (if any) and we advise you to carefully review the return policy before placing an order.
Despite the shop’s return policy, the Shupperz platform allows returns only for policies with periods of 45 days and above.
in cases of exchange requested by users, all shipping fees and Shupper fees will apply to the user.
Cancellation of a Purchase Request
A user may request cancellation of a transaction so long as a payment request has yet to be completed. After completion of the payment request, the applicable Shupperz return policy shall apply.
YOUR USE OF OUR PLATFORM
We give you the right to use our Platform subject to these Terms.
a. create an account for anyone other than a natural person, or use or attempt to use another’s account or create a false identity, or create more than one account on the Platform;
b. commit fraud, theft or any other crimes against Shupperz., another Shupper or a third party;
c. defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behaviour, including sending unwelcomed communications to others;
d. duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer content or information found in the Platform (excluding any pictures, videos, audio, reviews and other text, or other files that you upload onto the Platform (together “Your Content“)) except as permitted in these Terms, or as expressly authorized by us;
e. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Platform, or any part thereof;
f. collect, harvest, use, copy, rent, lease, loan, trade, sell/re-sell any information or data from the Platform, including, but not limited to, personally identifiable information obtained from the Platform (excluding Your Content and except if the owner of such information has expressly permitted the same) in whole or part;
g. utilize or copy information, content, or any data you view on or obtain from the Platform to provide any service that is competitive, in our sole discretion, with the Platform;
h. purchase an item by making direct arrangements with the Shupper to use a payment method other than the approved payment methods provided through the Platform or use the communication systems provided through the Platform for any commercial solicitation purposes;
i. take any action which is deliberately designed to circumvent, reduce or manipulate the Platform Fee due to us (as specified below);
j. offer to sell any of the items we list as prohibited items at “Prohibited Items”;
k. remove any copyright, trademark or other proprietary rights notices contained in or on the Platform (whether ours or our licensors’);
l. remove, cover or otherwise obscure any form of advertisement included on the Platform;
m. share other users’ or third party’s information without their express consent; infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;
n. use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape”, “crawl”, “cache”, “spider” or any web page or other service contained in our Platform;
o. access, via automated or manual means or processes, the Platform for purposes of monitoring its availability, performance or functionality for any competitive purpose;
p. engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the App;
q. Interfere or disrupt or game the Platform, including, but not limited to any servers or networks connected to the Platform, or the underlying software.
f. Whilst we do not own Your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of Your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of Your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
g. You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Your Content posted by you on Shupperz Platform. This waiver does not affect in any way your ownership of any intellectual property rights in Your Content or the rights which you have to prevent Your Content from being copied without your permission. The waiver is intended to allow us when dealing with Your Content (as permitted by the license which you give us in sub-section (b) above) to add watermarks, stickers or text to Your Content.
Failure to comply with the rules above constitutes a serious breach of these Terms, and may result in our taking all or any of the following actions (with or without notice):
The responses described herein are not conclusive, and we may take any other action we reasonably deem appropriate.
Termination by You. You may terminate your account with Shupperz at any time by contacting Shupperz support. Terminating your account will not affect any outstanding obligations you might have towards us and/or any Shupper – that means you’ll still have to pay any open bills. Also, some of Your Content that you posted through the Platform prior to termination may still be available.
Termination by Shupperz. We may terminate or suspend your account (and any related accounts) and your access to the Platform at any time, for any reason, and without advance notice. If we do so, you may not continue to use our Platform. Shupperz may refuse service to anyone, at any time, for any reason.
If you or Shupperz terminate your account, you may lose any information associated with your account, including Your Content.
We may discontinue the Platform. We reserve the right to change, suspend or discontinue any part of our Platform at any time, for any reason. We will not be liable to you for the effect that any changes to the Platform may have on you, including your income or your ability to generate revenue through the Platform.
DISCLAIMER AND LIMITATION OF LIABILITY
Shupperz expressly disclaims any liability that may arise out of disputes between Shuppers and users.
The Shupperz Platform is only a venue for connecting Shuppers. You understand that Shupperz merely provides the Platform, but does not manufacture, store or inspect any of the items sold through our Platform. The items on the Platform are sold directly by independent sellers, so Shupperz cannot and does not make any warranties about their quality, safety or even their legality.
Because Shupperz is not involved in the actual contract between Shuppers and users or in the completion of a transaction, in the event that you have a dispute with one or more Shuppers, you release Shupperz and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
People You Interact With. When interacting with Shuppers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. You understand that we do not screen users of our Platform. Neither Shupperz nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any Shupper or user of the Platform and you hereby release Shupperz. and its affiliates or licensors from any liability related thereto. Shupperz. and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Platform.
Third-Party Services. Our Platform may contain links to third-party websites or services that we don’t own or control. You may also need to use a third party’s product or service in order to use some features of our Platform (like a compatible mobile device to use our App).
Shupperz does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or any hyperlinked website or featured in any banner or other advertising and Shupperz will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Except as otherwise expressly provided herein, your use of our Platform is at your own risk. Due to the nature of the Internet and technology, our Platform is provided “AS IS” and on an “as available” basis 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.
Without limiting the foregoing, neither Shupperz. nor its affiliates or licensors warrant that access to the Platform will be uninterrupted or that the Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Platform, or as to the timeliness, accuracy, reliability, completeness or content of any task or service, information or materials provided through or in connection with the use of the Platform.
Neither Shupperz. nor its affiliates or licensors warrant that the Platform is free from viruses, worms, trojan horses, or other harmful components.
Shupperz. and its affiliates and licensors cannot and do not guarantee that any personal information provided by you to other Shuppers or third parties through the Platform will not be misappropriated, intercepted, deleted, destroyed or used by others.
Limitation of Liability. To the fullest extent permitted by law, you agree not to hold Shupperz., our employees, officers or directors liable for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, relating to the Platform or your or any other party’s use of or inability to use the Platform including without limitation any liabilities arising in connection with the conduct, act or omission of any Shupper (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any Shupper, any instruction, advice, act, or service provided by Shupperz. or its affiliates or licensors and any destruction of your information.
To the fullest extent permitted by law, we do not assume any liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
Without derogating from the aforementioned, under no circumstances shall Shupperz’s aggregate liability for any damages relating to a transaction exceed the Total Purchase Price of such transaction. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
SECURITY/CONFIDENTIALITY OF ACCESS INFORMATION
Use of the Platform may include access to resources, information, and materials which are owned by Shupperz its subsidiaries or affiliates, and/or owned by third parties and in the possession of or licensed to Shupperz., and which constitutes valuable resources, and trade secrets belonging to Shupperz., their subsidiaries or affiliates, and/or third parties, as well as to personal information of other Shuppers (collectively the “Confidential Information”). You hereby agree to hold the Confidential Information in strict confidence and not to disclose it or otherwise make it available to any person or third party without the prior written consent of Shupperz. You shall return all such Confidential Information, together with any copies, reproductions or other media collection in any form, to Shupperz. at such time as you terminate your use of the Platform.
All data collected through your use of our Platform remains the sole property of Shupperz.
NO EMPLOYMENT RELATIONSHIP
As set forth above, Shupperz. does not carry out transactions and does not employ individuals to carry out transactions.
Shuppers do not have authority to enter into written or oral – whether implied or express – contracts on behalf of Shupperz. Each Shupper acknowledges that Shupperz. does not, in any way, supervise, direct, or control a Shupper when carrying out a Transaction in any manner. Shupperz. does not set a Shupper’s service hours or location. Shupperz Ltd. does not provide any supervision to Shuppers.
You agree to indemnify, hold harmless and defend Shupperz. from any and all claims arising out of your actions that a Shupper was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Shupper was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Shupperz. was an employer or joint employer of a Shupper, any claims under any applicable employment-related laws, such as, without limitation, those relating to employment termination, employment discrimination, harassment or retaliation, as well as, without limitation, any claims for unpaid wages, withholdings, overtime pay, failure to provide meal and rest breaks, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
If Shupperz. gets sued due to your actions, you agree to indemnify us. That means you agree to indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Platform; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of Your Content caused damage to a third party.
This hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Platform.
DISPUTES WITH SHUPPERS
Any purchase made through the Platform is solely between the Shupper and the user. Complaints, questions and claims related to a transaction should be directed to the Shupper. Where Shuppers cannot resolve issues relating to a transaction between them and the users, we will attempt to help mediate such disputes through our dispute resolution process, which may also include reviewing the communication between the Shuppers and the users involved. Please contact us in respect of such dispute resolution process at email@example.com.
DISPUTES WITH US
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms (“Dispute“), you (in case you are an Israeli based user) and Shupperz Ltd. or Shupperz US Inc. (in case you are an USA based user) agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your most current billing address, with an email copy to the most recent email address you have provided to Shupperz Ltd. or Shupperz US Inc. (as applicable). Shupperz Ltd.’s address for such notices is Tozerert Haarets 3, Petach-Tikva, Israel Shupperz US Inc.’s address for such notices is 5 W 37th Street, 12th Floor New York, NY.
Arbitration. If you and Shupperz. are unable to resolve a dispute through informal negotiations, all claims arising from or relating to these Terms and/or the use of the Platform, shall be finally and exclusively resolved by a sole arbitrator, who shall be nominated by the parties. In the event that we cannot agree on his or her identity, or where he or she does not agree to, or cannot, or does not wish to act as an arbitrator, the choice of arbitrator shall be determined by the head of the Israeli Bar Association (in case you are an Israeli based user) or head of the New York Bar Association(in case you are an USA based user). The seat and place of the arbitration shall be Tel Aviv – Yaffo, Israel (in case you are an Israeli based user) or New York (in case you are an USA based user). The language of the arbitration shall be English. The arbitrator shall set forth the reasons for the award in writing. This arbitration clause shall be treated as an arbitration contract between you and us for all intents and purposes and the provisions of the Israeli Arbitration Law of 1968 (the “Arbitration Law“) or the equivalent law in New York, shall be applied to the arbitration proceedings and the arbitrator, unless the parties to such arbitration proceedings expressly agree to the contrary. The arbitrator shall not be subject to the rules or regulation of any substantive law (Israeli or foreign) and shall not be subject to any evidence rules or regulations and the procedures rules and regulations. Any of the parties to the arbitration proceedings shall be entitled to request to appeal any arbitration ruling given by the arbitrator before a duly authorized court in Tel Aviv exclusively (in case you are an Israeli based user) or New York court (in case you are an USA based user), if that party believes that the arbitrator has made a basic error in the application of the law that could result in a miscarriage of justice.. The Arbitrator shall be required to give reasons for his ruling and his decisions, and he shall record the main points said by the parties, their representatives and the Arbitrator himself or herself, in the course of the arbitration. The arbitrator’s fees shall be paid by the parties to the arbitration proceedings, shared equally between them, unless the Arbitrator rules otherwise. The arbitration proceedings (including any appeal and interim proceedings), their subject matter (the underlying dispute) and their results (including the arbitrator’s decision and the decision in any appeal) shall, to the extent permissible under law, be kept under strict confidentiality (bearing in mind the damages which a party may incur as a result of any breach of such undertaking).
The Terms shall be construed under and governed by the laws of the State of Israel (in case you are an Israeli-based user) or the laws of the State of New York (in case you are a USA-based user) and any dispute arising from or related to these Terms and/or the use of this Platform shall be governed by the laws of the State of Israel or the laws of the State of New York (in case you are a USA based user) (to the exclusion of any conflict of laws rules).
CHANGES TO SHUPPERZ’s SERVICES
We are constantly updating and improving our Platform to find ways to provide you with new and innovative features and services or may, from time to time, perform maintenance upon the Platform or experience hardware, software, or other problems related to the Platform, resulting in interrupted service, delays or errors in the Platform. Improvements and updates are also made to reflect changing technologies, behaviors and the way people use the Internet and our Platform.
In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Platform, or a feature relating to the Platform. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided. Such changes to the Platform may affect your past activities on the Platform, features that you use and Your Content. Once we have made changes to the Platform, your continued use of the Platform will show that you have accepted any changes to the Platform. You are always free to stop using the Platform or deactivate your Account.
Shupperz reserves the right to modify, temporarily or permanently, the Platform or the App. Shupperz reserves the right at any time to terminate this current version of the Platform or prior versions of the Platform and/or related materials and limit future access to new versions and updates.
CHANGES TO THE TERMS
We may update these Terms from time to time. If we believe that the changes are material, we are going to inform you by doing one (or more) of the following: (1) post the changes through the Platform or (2) send you an email or message about the changes. That way you can decide whether you want to continue using the Platform. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Platform following the changes constitutes your acceptance of the updated Terms.
You may only use the Shupperz Platform subject to these Terms. You may download or print a copy of any information provided by Shupperz for your personal use only. Any other use in downloading or printing a copy of any information provided by Shupperz is expressly prohibited by Shupperz
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Last updated Nov 2022.
All material with either implicit or explicit reference to pedopornography, including all forms of erotic art that include minors.
Any plants, plant material, and seed.
Any TV DE-scramblers.