Terms of Service

 

Welcome to the GetOnshelf Service, (“Service”). Your use of the Service is subject to these Terms of Service and GetOnshelf’s Privacy Policy (collectively, the “Terms of Service” or “Agreement”). These Terms of Service are a legal agreement between You and A Cashew Limited T/A GetOnshelf (“GetOnshelf”), for use of the GetOnshelf Service. “You” refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. If You are accessing the Service on behalf of Your employer, You represent and warrant that You have the authority to agree to these Terms of Service on its behalf. If You do not agree with the terms of this Agreement, do not use the Service. GetOnshelf reserves the right to update and change the Agreement from time to time without notice or acceptance by You.

 

Last Updated: 10/03/2019

Next Review – 09/06/2019

 

Important Notices:

 

  • Your access to and use of the Services is also governed by our Privacy Policy located at https://getonshelf.com/privacy-policy/
  • We recommend that you print or download a copy of these Terms and the Privacy Policy for your future reference.

 

1. Your Account & Use of the GetOnshelf Services

 

You must provide accurate and complete registration information any time you register to use the GetOnshelf Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify GetOnshelf immediately.

By using the Service (and registering an Account on the Service), You represent and warrant that You are at least 13 years of age, and no one under the age of 13 may use the Service.

GetOnshelf may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.

 

2. User Content

 

“User Content” refers to any data, content, video, images or other materials of any type uploaded, submitted or otherwise transmitted to or through GetOnshelf’s Services.

Upon registration and to make the most out of our services users are asked to upload company and product information onto the GetOnshelf platform. By submitting, posting or displaying User Content the User gives GetOnshelf a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which the User submits, posts or displays on or through, the Service. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

GetOnshelf strives to ensure each product and/or service offered on this Platform is displayed as accurately as possible, however, the possibility may arise when content is uploaded/transmitted with inaccuracies due to typographical/database errors and/or content is uploaded/transmitted with inaccuracies due to the time taken to update information fields. In this case, the user shall be liable for and indemnify GetOnshelf against any and all losses, claims, costs and other liabilities whatsoever and howsoever caused by any infringement described in section 2.

GetOnshelf at their sole discretion may edit, remove or delete any Content that Users post or submit that is determined to violate the GetOnshelf User Conduct Policy, including but not limited to any products uploaded onto the platform which are prohibited in the country of sale/origin or procured from countries with have trade bans. GetOnshelf also have no obligation to monitor the use of the Services, however, you agree that GetOnshelf reserves the right to monitor the Services electronically (including but not limited to Content, messaging, and profile information) to ensure there is no abuse of the Services and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Services or to protect itself or others.

GetOnshelf may also access your account or instance in order to respond to your support requests.

 

3. Intellectual Property – Users

 

GetOnshelf does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You.

Accordingly, we have a policy of removing User Content that violates copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice to us to the address listed below for notice of claims of copyright infringement.

A Cashew Limited T/A GetOnshelf
Braemar
Station Road
Staplehurst
Kent,
TN12 0QH
United Kingdom
Email: copyright@getonshelf.com

Your written notice must:

(a) Contain your physical or electronic signature
(b) Identify the copyrighted work alleged to have been infringed
(c) Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material
(d) Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address)
(e) Contain a statement that you have a good faith belief that use of the copyrighted material is not authorised by the copyright owner, the copyright owner’s agent, or the law
(f) Contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.

 

4. Intellectual Property – GetOnshelf

 

You acknowledge and agree that GetOnshelf owns all legal right, title and interest in and to the GetOnshelf Services, including any intellectual property rights which subsist in the GetOnshelf Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

 

5. User Conduct Policy

 

5.1 You agree not to:

(a) License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Users in furtherance of Your internal business purposes as expressly permitted by these Terms.

(b) Use the Service(s) to Process data on behalf of any third party other than Your Users and End- Customers.

(c) Modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks.

(d) Falsely imply any sponsorship or association with Us.

(e) Use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights.

(f) Use the Service(s) to send unsolicited communications junk mail, spam, and pyramid schemes or other forms of duplicative or unsolicited messages.

(g) Use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights.

(h) Use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components.

(i) Attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s).

(j) Use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libellous, obscene, or discriminatory.

(k) Use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”).

(l) Establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

(m) Use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law.

(n) Use of the Service(s) for any purpose prohibited by applicable export laws and regulations, including without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

(o) Try to use, or use the Service(s) in violation of these Terms.

 

5.2

You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.

 

5.3

If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose.

 

6. Account Fees & Payment

 

The Services provided form a two-tier subscription plan for suppliers. The first plan is a free plan for which no bank account information is required.

The second plan is labelled as a Selected Plan (collectively, the “Selected Plan”). If you choose to subscribe to a paid Service (Selected Plan), you agree to pay the fees (“Fees”) as quoted to you when you purchase that Service.  We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements).  You will pay the Fees in the currency box quoted at the time of purchase. GetOnshelf reserves the right to change the eligible currencies at any time.

GetOnshelf reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration.  After the offer period ends, your use of the Service will be charged at the then-current Fee(s) on an Auto Renewal basis unless you provide GetOnshelf with email notice (sent to support@getonshelf.com) of your intent not to renew your plan at least thirty (30) days prior to the end of the then-current subscription period. If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.

If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and for the same subscription period.  We will charge your card on file with us on the first day of the renewal of the subscription period.

 

7. Links

 

We may provide links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web site or resource or its contents over which we have no control and which we do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.

 

8. Permissions

 

By providing social media links you give full permission to GetOnshelf to use the link(s) for their intended purpose of displaying the public view of the profile to buyers on the platform.

By providing your address in the company profile section or add store location section you are providing GetOnshelf with permission to display your location to other users on the platform.

 

9. Termination & Suspension

 

You have the right to terminate your membership or delete your GetOnshelf account at anytime.

We reserve the right to suspend or terminate your access to GetOnshelf Services at any time at our discretion and without notice if we have reasonable grounds to suspect that any information you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law.

The same is applicable for any actions that you take which violate these Terms, any Additional Terms, or any applicable law including but not limited to using the platform with the aim of becoming a competitor, disrupting the service, disrupting the service of other users.

GetOnshelf may (but has no obligation to) delete your information and account data stored on its servers and we will not be liable to you or any third party for compensation, reimbursement or damages for any termination or suspension of the Services or for deletion of your information or account data.

 

10. Maintenance

 

In order to deliver the best service possible for GetOnshelf users and help you accelerate your business growth, we may occasionally have to make the service unavailable to all users to carry out maintenance or upgrades. We’ll do our best to make sure we inform you in advance, however, we may have to, when necessary perform unscheduled maintenance without any prior notice.

 

11. No Warranty

 

TO THE EXTENT NOT PROHIBITED BY LAW, GETONSHELF AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS):

(A) PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”

(B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT)

(C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, WHICH THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

 

12. Limitation of Liability

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL GETONSHELF, ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF GETONSHELF HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF GETONSHELF AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF:

(A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THAT SERVICE; OR (B) ONE HUNDRED POUNDS (£100 G.B.P.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES.  IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

 

13. Indemnity

 

To the extent not prohibited by law, you will defend GetOnshelf against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services:

(a) Infringes a registered patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of GetOnshelf’s actions)

(b) Violates applicable law or these Terms. GetOnshelf will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.

 

14. Resolving Disputes

 

Before filing a legal claim against GetOnshelf, you agree to try to resolve the dispute informally by contacting support@getonshelf.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) working days of submission, you or GetOnshelf may bring a formal proceeding.

 

15. Arbitration

 

Any Dispute between You and GetOnshelf arising out of or in connection with these General Terms or any Additional Terms or Policies, including in respect of their interpretation, subject-matter or termination, will be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (‘LCIA’) The number of arbitrators will be one, unless the LCIA determines that, in view of all the circumstances of the case, a three-member tribunal is appropriate. The place and seat of arbitration will be London, England. The language to be used in the arbitration proceedings will be English. Any reference under this Section 14 will be deemed to be a reference to arbitration within the meaning of the Arbitration Act 1996. The arbitrator’s decision will be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For purposes of this arbitration provision, references to You and any GetOnshelf Party also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorised users or beneficiaries of the Services. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.