Thank you for using ShelfTrend (“ShelfTrend”, “we”, “us”, “our”).
These Terms define how we shall treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us at email@example.com
ShelfTrend is owned and operated by Shelf Boss Pty Ltd (ABN 42 607 447 763), an Australian private company. Shelf Boss has employees, independent contractors, and representatives (“our Team”).
As a customer of the Service or a representative of an entity that’s a customer of the Service, you are a “User” according to this agreement (or “you”).
In order to use the ShelfTrend Service you must:
a) Be at least eighteen (18) years old and able to enter into contracts;
b) a business or legal person,
c) create an account with ShelfTrend;
d) agree to these Terms; and
e) provide true, complete, and up to date information about yourself.
By using the ShelfTrend Service, you represent and warrant that you meet all the requirements listed above and that you won’t use the Service in a way that violates any laws or regulations. ShelfTrend may refuse service, close accounts of any users, and change eligibility requirements at any time.
Occasionally we may, in our discretion, make changes to the Terms. When we make material changes to the Terms, we will provide you with notice as appropriate under the circumstances, e.g., by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please, therefore, make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Terms, you may close your account by contacting us through firstname.lastname@example.org.
OUR SERVICES & PAID SUBSCRIPTIONS
ShelfTrend provides an aggregated view of eBay live listings. Certain ShelfTrend services are provided to you free-of-charge. Other ShelfTrend services require payment before you can access them. The ShelfTrend services that may be accessed after payment are currently referred to as the “Premium Service” or the “Paid Subscription”. The ShelfTrend service that does not require payment is currently referred to as the “Free Service”. The Premium Service may also provide access to add-on benefits that can be accessed for an additional fee. You can learn more about our services by visiting our website.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). ShelfTrend reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
SETTING UP AN ACCOUNT
When you set up your account, your login details consist of your email address and your self-assigned password. You are responsible for keeping your login details secure. ShelfTrend assumes that each account is associated with one user and will enforce a maximum of 3 opened sessions of the Service at any given time. The ‘Remember Me’ checkbox on the login page gives you the ability to choose to remain logged into the Service until you choose to log out. You are responsible for all use and activity carried out under your registered account.
PAYMENTS, CANCELLATIONS, AND COOLING OFF
Paid Subscriptions can be purchased by paying a monthly subscription fee with either a Visa or Mastercard. Credit card information is not collected nor stored by ShelfTrend nor ShelfBoss Pty Ltd. All credit card information is transmitted encrypted using secure socket layer technology to the payment gateway for processing.
When you register for the ShelfTrend Premium Service, you agree to make monthly payments for the agreed subscription fee and you consent to get access to ShelfTrend Premium immediately. If you register for a Paid Subscription and you change your mind, you will receive a full refund within three (3) days (the “Cooling-off Period”). Refunds will not be provided beyond the Cooling-off Period. Please give us notice of this via email at email@example.com.
Our Services are provided on a subscription basis for an indefinite term from your registration date recorded on your My Account page. Unless specifically stated, all subscriptions will automatically renew each month from your initial Subscription Term unless you cancel your subscription on the My Account page. If you cancel, your subscription will be terminated at the end of then-current billing cycle. You will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
If for some reason, we are unable to process your payment successfully, we will contact you by email and retry processing on a daily basis. After three days, if we are still unable to collect payment, we will cancel your subscription. To reactive a subscription, you will need to login and make payment through the My Account page.
ShelfTrend may change subscription fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Such fee changes will be effective upon the expiry of 15 days’ notice following such notification to you.
ACCURACY, COMPLETENESS AND TIMELINESS OF DATA INFORMATION
The data presented through the ShelfTrend Service is provided by third parties. It is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the data, we make no warranty regarding the data being presented
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our Website, Web tool or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website or Web tool is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Service (including the Terms) or the information, products or services described in it. We are not liable to you or anyone else if errors occur in the data from our Service.
Our Service may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content of those linked websites and have no control over or rights in those linked websites.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) on our Service and in all of the material (including all text, graphics, logos, audio, and software) made available.
Your use of the ShelfTrend Service does not grant or transfer any rights, title or interest to you. However, as described in these Terms, we do grant you a license to access the ShelfTrend as set out in these Terms.
Any reproduction or redistribution of the ShelfTrend Service is prohibited and may result in civil and criminal penalties. In addition, you must not copy the data being provided to any other server, location or support for publication, reproduction or distribution is expressly prohibited unless with written approval from ShelfTrend.
Any other use, copying, reproduction or reverse engineering of the ShelfTrend Service or any part thereof is strictly prohibited, except to the extent permitted by law.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to ShelfTrend, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
using any part of the ShelfTrend Service to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to the ShelfTrend Service any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security;
using bots, scrapers or similar technologies to copy the data presented by ShelfTrend;
any activity that we would deem as excessive usage.
If we allow you to post any information to our ShelfTrend Service, we have the right to take down this information at our sole discretion and without notice.
WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the ShelfTrend Services including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Services will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to the ShelfTrend Services at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event will we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Services and/or the data or materials contained on it, or as a result of the inaccessibility of our Services or data and/or the fact that certain data or information contained on it are incorrect, incomplete or not up-to-date.
JURISDICTION AND GOVERNING LAW
Your use of the ShelfTrend Services and these Terms are governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia
Updated 15 October 2018.