Terms of Service

ShopSocial, Inc. 

1. Application and Acceptance of the Terms

a. Your use of the Apps, Sites and Trendsi's services, software and products (collectively the as the "Services" hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, Return Policy, and any other rules and policies of the Sites that Trendsi may publish from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the "Terms". By accessing the Sites or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Sites if you do not accept all of the Terms.

b. You acknowledge and agree that Trendsi may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.

c. It is your responsibility to review these Terms for any changes. Your use after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms. Any new features that may be added to Trendsi services from time to time will be subject to these terms of use, unless stated otherwise. You should visit this page periodically to review these terms of use.

d. The Terms may not otherwise be modified except in writing by an authorized officer of Trendsi

2. Provision of Services

a. The Trendsi contracting entity that you are contracting with is Trendsi in the the state of Delaware, USA, if you are a registered member of the sites.

b. You must register as a member of the Sites in order to access and use some Services. Further, Trendsi reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Trendsi may impose in our discretion.

c. Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Trendsi may in our sole discretion limit, deny or create a different level of access to and use of any Services (or any features within the Services) with respect to different Users.

d. Trendsi may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.

e. Some Services may be provided by Trendsi's affiliates on behalf of Trendsi.

3. Users Generally

a. As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services.

b. You agree to use the Sites or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the "Site Content"), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Trendsi, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from Trendsi is prohibited. The use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.

c. You must read Trendsi's Privacy Policy which governs the protection and use of personal information about Users in the possession of Trendsi and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

d. Trendsi may allow Users to access content, products, or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' websites. You are cautioned to read such websites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that Trendsi has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.

e. You agree not to undertake any action to undermine the integrity of the computer systems or networks of Trendsi and/or any other User nor to gain unauthorized access to such computer systems or networks.

f. You agree not to undertake any action which may undermine the integrity of Trendsi's feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

 

4. Member Accounts

a. User must be registered on the Sites to access or use some Services (a registered User is also referred to as a "Member" below) . Except with Trendsi's approval, one User may only register one member account on the Sites. Trendsi may cancel or terminate a User's member account if Trendsi has reasons to suspect that the User has concurrently registered or controlled two or more member accounts.

b. A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member's own business entity. Member agrees to notify Trendsi immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

c. Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

d. Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple uses"), may cause irreparable harm to Trendsi or other Users of the Sites. A member shall indemnify Trendsi, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of your account. Member also agrees that in case of the multiple uses of your account or Member's failure to maintain the security of your account, Trendsi shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member's account without liability to Member.

 

5. Member's Responsibilities

a. Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Sites and Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.

b. Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites or your use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

c. Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Data that you submit, post or display; (b) any User Data that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party ("Third Party Rights"); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Data and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subjects of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.

d. Each Member further represents, warrants and agrees that the User Data that you submit, post or display shall:

a) be true, accurate, complete and lawful;

b) not be false, misleading or deceptive;

c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;

d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements

f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;

g) not contain any link directly or indirectly to any other websites which include any content that may violate the Terms.

e. Each Member further represents, warrants and agrees that you shall/are:

a) carry on your activities on the Sites in compliance with any applicable laws and regulations;

b) conduct your business transactions with other users of the Sites in good faith;

c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;

d) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards) ;

e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

f) not engage in spamming or phishing;

g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc) or encourage or abet any unlawful activities;

h) not involve attempts to copy, reproduce, exploit or expropriate Trendsi's various proprietary directories, databases, and listings;

i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

j) not involve any scheme to undermine the integrity of the data, systems or networks used by Trendsi and/or any user of the Sites or gain unauthorized access to such data, systems or networks;

k) not, and your director (s) , officer (s) , controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities;

l) not engage in any activities that would otherwise create any liability for Trendsi or our affiliates.

f. Member may not use the Services and member account to engage in activities that are identical or similar to Trendsi's e-commerce marketplace business.

g. If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.

h. Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Trendsi's provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member's failure to do so results in delay in, or suspension or termination of, the provision of any Service, Trendsi shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

i. Member acknowledges and agrees that Trendsi shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Sites. Trendsi does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information

j. Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.

6. Breaches by Members

a. Trendsi reserves the right in our sole discretion to remove, modify or reject any User Data that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Trendsi or our affiliates to liability, or is otherwise found inappropriate in Trendsi's opinion.

b. If any Member breaches any Terms, or if Trendsi has reasonable grounds to believe that a Member is in breach of any Terms, Trendsi shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member's account and any and all accounts determined to be related to such account by Trendsi in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Data that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Data that the Member may post or display; (iv) imposing other restrictions on the Member's use of any features or functions of any Service as Trendsi may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Trendsi may deem necessary or appropriate in its sole discretion.

c. Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:

a) Upon complaint or claim from any third party, Trendsi has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,

b) Trendsi has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counterparty,

c) Trendsi has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or

d) Trendsi believes that the Member's actions may cause financial loss or legal liability to Trendsi or our affiliates or any other Users.

d. Trendsi reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Trendsi may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Trendsi shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Trendsi for such disclosure.

e. If a Member is in breach of the Terms, Trendsi also reserves the right to publish the records of such breach on the Sites.

f. Trendsi may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member's use of any Service or the Sites without being liable to the Member if Trendsi has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Trendsi.

g. Each Member agrees to indemnify Trendsi, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Data, from your use of the Sites or Services, or from your breach of the Terms.

h. Each Member further agrees that Trendsi is not responsible, and shall have no liability to you or anyone else for any User Data or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Trendsi reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Trendsi in asserting any available defenses.