Acceptance of Terms
ShopperTom reserves the right, in its sole discretion, to revise and/or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Service and to cancel any Accounts you have created using the Service.
If you violate the Terms, ShopperTom reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Account(s) you have created for using the Service. You agree that ShopperTom does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.
ShopperTom is a price comparison service, across a vast variety of market sectors, in which you can execute price comparison on a wide range of products. ShopperTom is not a service provider and/or seller, does not sell any products and/or provide any services published in its website and is not a party to any transaction whom you elect to conduct through the Service. The Service and any content provided through it are for your personal and non-commercial use only.
All merchants presented through the Service are independent third parties and ShopperTom is not acting as a principal, agent or broker of any of them and does not warrant and/or guarantee any of their products. All interactions and/or transactions conducted by you through the Service with respect to any of the aforesaid third parties, is solely between you and these third parties.
In the event of inconsistency or discrepancy between the content and/or information provided through the Service and those presented by the merchant (including on the merchant website), the content and/or information provided directly by the merchant shall govern.
Access to and usage of the Service is currently free of charge. ShopperTom may, at its sole discretion, change this policy and begin charging for access to the Service and other features and services, and ShopperTom may, at its sole discretion, add, remove or change the features and services it offers or the fees (including the amount or the type of fees) ShopperTom charges at any time.
ShopperTom shall have no responsibility for any charges and/or transmission of funds you incur as a result of being billed by any third party and/or retailers and/or distributor and/or merchant provider and/or service provider whom you may elect to deal with.
ShopperTom may change any and all aspects of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Service you are of legal age to form a binding contract or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case, at least 13 years of age. You may not use the Service and may not accept these Terms if you are a person barred from receiving the Service under the laws of the country in which you are resident or from which you use the Service.
In order to register to our Service and/or to use any part thereof, you may be asked to sign-in using your relevant social network's login (such as your Facebook login or Google+ login). During the process of creating an account in order to access the Service (" Account "), you may be required to select a password or to allow us to access your Account information from a social network service (the " Login Information "). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service are accessed):
You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account.
In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify ShopperTom and modify your Login Information;
You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;
You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or receiving the Services, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Services by any of the above mentioned;
ShopperTom reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
You further understand and agree that by creating your Account you will be providing all rights necessary to enable ShopperTom to collect and track (including through an application) the information as contained on the social network through which you subscribed, including without limitation, your profile picture, likes, interests, locations, contacts and friends list, your location, posts posted by you, posts posted on your behalf (with your consent), posts you are tagged in, pictures posted by you, pictures you are tagged in, history of posts, status messages your actions in the social network (shares, ignores, clicks and so forth) and any other information available thereon.
In cases you elect to conduct a transaction with any third party through the Service, you will be directed to such third party website and any and all interactions and/or transactions between you and such third party shall be governed by any applicable terms and/or agreements made available by such third party.
You acknowledge and agree that ShopperTom shall not be responsible or held liable for any consequential, special, or incidental losses or damages, incurred resulting from any business conduct, interactions or transactions conducted between you and any third parties.
Access to Service
It is your responsibility to ensure that your computer or mobile devices meet all the necessary technical specifications to enable you to access and use the Service. ShopperTom does not provide you with the equipment to access and/or use our Service. You are responsible for all fees charged by third parties related to your access and use of the Service (e.g., charges by Internet service providers or air time charges).
ShopperTom may block your access to the Service or may terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Service, products, or ShopperTom's intellectual property as determined by ShopperTom in its sole discretion. You may lose your user name as a result of Account termination, without responsibility on the part of ShopperTom for any damage that may result from the foregoing. If you have more than one Account, ShopperTom may terminate all of your Accounts.
In addition to the foregoing, ShopperTom may selectively remove, revoke or garnishee benefits associated with your Account. If your Account, or a particular subscription for a Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or such particular Service.
You acknowledge that ShopperTom is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing Benefits associated with your Account. In the event that ShopperTom terminates your Account, you may not participate nor make use of the Services again without ShopperTom's express consent. ShopperTom reserves the right to refuse to keep Accounts for, and provide access to the Services or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us.
You are solely responsible to preserve the originals of any content you receive and/or provide and/or upload to the Service, if any. ShopperTom does not guarantee that any content will always be available through the Service. Do not rely upon the Services as a storage space for such content.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Service. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, ShopperTom or other users, and that you shall not act in bad faith in your use of the Service. If ShopperTom determines that you have acted in bad faith and/or in violation of these Terms, or if ShopperTom determines that your actions fall outside of reasonable community standards, ShopperTom may, at its sole discretion and without prior notice, terminate your Account and/or prohibit you from using the Service and/or limit, suspend or block your Accounts and/or your accessibility to the Service. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. You acknowledge and agree that ShopperTom shall not be liable to you for any such actions. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by ShopperTom or by applicable statutory law), modify or alter any part of the Service and/or any software used in connection thereof;
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage, destroy, intercept, manipulate or otherwise interrupt or adversely affect the service (including its operation and contents), or facilitate or promote hacking or similar conduct;
Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;
Access or attempt to access password protected, secure or non-public areas of the Service as well as attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service;
Upload or transmit (or attempt to upload or transmit) files that contain automatic device or manual process designated to copy or monitor the service and/or the content thereof;
Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on ShopperTom or otherwise disparages or devalues ShopperTom's reputation, trademarks or goodwill;
Hold yourself out as in any way sponsored by, affiliated with, or endorsed by ShopperTom, or any of our affiliates or service providers.
Interfere with the ability of others to enjoy using the Service, including disruption, overburden or aid the disruption or overburdening of the Service’s servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
Intellectual Property Ownership
ShopperTom and/or its affiliates retain any and all rights in the Service's materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, " Service's Materials "). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service's Materials without ShopperTom's explicit, prior written consent. All uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from ShopperTom. Any reproduction or redistribution of materials not in accordance with these Terms (except for non e-commerce specific search engines) is explicitly prohibited and may result in severe civil and criminal proceedings and/or penalties. Search engines are allowed to index this web site assuming they will index complete pages and not link to internal content.
ShopperTom and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service's Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service's Materials, or rights to any derivative works thereof.
You are not required to provide ShopperTom with any feedback or suggestions regarding the Service or any of the Service's Materials. However, should you provide ShopperTom with comments or suggestions for the modification, correction, improvement or enhancement of the Service and/or any of the Service's Materials, then, subject to the terms and conditions of these Terms, you hereby grant ShopperTom a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner ShopperTom chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of ShopperTom's and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media ShopperTom chooses, but without reference to the source of such comments or suggestions.
Shoppertom translates currencies to make your shopping experience simple. Its the user responsibility to verify any price on the final purchase process to make sure price is accurate and fits his requirements.
Third Party Material
You may be able to access, review, display or use third party services, resources, content, information or links to other websites or resources (" Third Party Materials ") via the Service. All Third Party Materials provided to you through the Service have either been made accessible by third parties, distributors, merchants or other service provider; or been gathered from public-domain sources. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and ShopperTom disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Service. You acknowledge and agree that ShopperTom: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials (including with respect to prices, transportation costs, descriptions, or any other content); (ii) has no liability to you or any third party for any harm, injuries, losses or damages suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by ShopperTom of Third Party Materials or any such third party services; (iv) shall not be responsible or held liable for any consequential, special, or incidental losses or damages, incurred resulting from the information not being accessible, correct, accurate, complete or up to date. You also acknowledge and agree that all questions, concerns and complaints related to any and all Third Party Materials should be directed by you to the relevant merchant.
We encourages users to conduct themselves cautiously their own research prior to purchasing as well as regarding any and all usage of any information accessible through the service .
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
Without derogating from any of ShopperTom's rights and remedies under these Terms and/or under law, ShopperTom will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof, including the termination of your Account, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
You may not use any Third Party Materials for which you have not obtained appropriate approval to use. ShopperTom cannot grant permission to use third party content.
Disclaimer of Warranty; Limitation of Liability; Indemnification
SHOPPERTOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPLICIT OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF INCLUDING WITH RESPECT TO THE QUALITY, PRICES, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS, AND TIMELINESS. ALL MATERIALS, INFORMATION OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR PERSONAL USE ONLY. SHOPPERTOM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE RESULTS AND INFORMATION THAT MAY BE OBTAINED FROM THE SERVICE, AS WELL AS THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICE, OF THE CONTENT OF ANY SITES LINKED TO THE SERVICE, OF ANY THIRD PARTY MATERIALS VIEWED THROUGH THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (A) ERRORS, MISTAKES, INACCURACIES, NON-SUITABILITY OR NON-CONFORMITY OF ANY CONTENT; (B) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT DEROGATING PERSONAL INJURY, PROPERTY DAMAGES AND/OR MONETARY DAMAGES, OF ANY NATURE WHATSOEVER, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THIRD PARTY MATERIALS, SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL SHOPPERTOM, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL , OR OTHER DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA OR SIMILAR DAMAGES RELATED TO OR ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHOPPERTOM HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SHOPPERTOM SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION FORM OUR SERVICE (INCLUDING ANY CONTENT WITHIN THE WEBSITE AND/OR ACCESSIBLE THROUGH THE SERVICE) IS TO STOP USING OUR SERVICE.
THE AFORESAID LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Notices to you may be made via the Services and/or e-mail. ShopperTom may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. You agree that all agreements, notices, disclosures and any other communications that ShopperTom provide as aforementioned satisfy any legal requirement that such communications be in writing. Any and all e-mail notices sent to you will constitute sufficient and effective delivery and notice to you, whether or not you access or review the notice and shall be deemed to have been delivered to you, whether actually received by you or not.
By using or visiting the Services, you agree that the laws of the State of USA, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and ShopperTom. Any claim or dispute between you and ShopperTom that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in USA, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of USA.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
For any questions about these Terms or any other issue regarding ShopperTom or the Services please contact us at: Contact Us.
Last update: 13/11/2014
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