Terms for ‘Refer A Friend’

The following will confirm the Terms of Agreement (the “Terms”) between you and ShopThing Inc. (the “Company” or “ShopThing” or “us” or “we”) regarding your performance and use of the services described in this Agreement (the “Agreement”). These Terms are subject to change by ShopThing Inc. and/or its subsidiary, ShopThing (USA) Inc. (together, referred to as “ShopThing”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole and absolute discretion. We reserve the right, subject to applicable law, to deliver you any notice of changes to these Terms or the addition of new terms by posting an update of these Terms on our website or any other website we maintain or own or by delivering notice of changes to you electronically.  Your continued use of the ShopThing services, including but not limited to the use of the ShopThing mobile App and the ShopThing website, will constitute acceptance of any of these current, amended or new terms and you agree to be bound by this Agreement. If you do not agree to these terms, you should not access and use the ShopThing services. 

Our refer-a-friend program is managed by ShopThing Inc. which will process your data and send your referral service emails. 

For the “Give $50, Get $50” referral program, Terms and conditions apply. By signing up, and referring a friend you agree to the following:

1. Refer Friends. Refer your friends, and they will get an email inviting them to download the app to get $50 off their first purchase with us! 

2. Redeem. When your friend receives their first purchase, you’ll get emailed letting you know that you have $50 to apply to your next purchase with us! Purchases must be $50.00 or above to qualify.

3. Order Received. Once you have received your order, you will send an email to hello@shopthing.com with your purchase details, and our team will process the $50 credit. The ShopThing Purchase rebate will be paid in the form of a refund in the currency of the item that you purchased. 

4. Refer More, Earn More. Refer more friends to continue getting $50 off your purchases.

5. By sharing your information, you agree to allow ShopThing to use your information for marketing purposes, including this campaign. 

*A referral is considered successful only when your friend is a new customer to ShopThing and makes a successful first purchase, which includes receiving their order. Offer is valid for first ShopThing purchase made via the ShopThing App, or via web checkout from November 28, 2023 (12:00 AM EST) to December 15, 2023 (11:59 EST). You must sign up and create a profile on the App, and be signed into your account for the $50 to be applicable. Offer is not valid with other discounts and promotions. Offer is not valid on gift cards, services, charitable items or any other exclusions mentioned via ShopThing. 

It is important to carefully read the terms contained herein as they contain important legal rights, remedies, and information. 

The Services: ShopThing is an online marketplace which allows you to list and sell products through the ShopThing App, ShopThing social media platforms and website. You acknowledge there are risks associated when selling on a marketplace and dealing with potential buyers. You shall solely take on those risks, and not ShopThing. You are responsible for your decision to use the ShopThing services and shall be responsible for your conduct and actions on the services. 

Personal Information: By using the ShopThing services you will provide certain personal information, such as your name, address and credit card information. By using the services, you agree to our collection, use and disclosure of such personal information in accordance with our Privacy Policy. You hereby grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, collect and disclose such personal information strictly in accordance with these General Terms and Conditions, our Terms and Conditions for Purchasing Goods or Services, and our Privacy Policy. We will not use your personal information for any other purpose without your consent.

Limitations on Liability: EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY OR ANY OF ITS PARENT, SUBSIDIARIES, AFFILIATES OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES OR LOSS FROM, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED, DIRECTLY OR INDIRECTLY, BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, ANY OF THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY SERVICES IS TO STOP USING SUCH SERVICES AND ANY RELATED SERVICE.

Indemnity: You will indemnify and hold us harmless against any and all losses, claims, damages, actions, liabilities and expenses of any kind, including without limitation fees, penalties or other costs associated with any proceeding brought against us by any taxing authority or governmental agency, arising out of or in connection with (i) your negligence or wilful misconduct, and (ii) your breach of any provision of this Agreement.

Governing Law and Arbitration: This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision.  

Unless prohibited by applicable law, all disputes and questions whatsoever arising from or in connection with your use of our services shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in default of such agreement, such arbitrator shall be appointed by a Judge of the Superior Court of Justice sitting in Toronto, Ontario upon the application of any of the parties and such judge shall be entitled to act as such arbitrator, if he or she so desires. The arbitration shall be held in the City of Toronto, Ontario. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991 (Ontario). The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding subject to a right of appeal to a court of competent jurisdiction on matters of law only. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. 

Severability: If any term or provision of this Agreement is illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 

Termination: We may suspend or terminate the use of the services or your account without explanation, notice, and liability to ShopThing including removing or discarding any content. You may terminate this Agreement by suspending your use of the ShopThing services.

Reporting and Contact: The services are operated by ShopThing Inc., 124 Merton Street, Toronto, Ontario (Canada), M4S 2Z2. Feedback, comments, requests for technical support, and other communications relating to the services should be directed to hello@shopthing.com.

Entire Agreement: These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Last Updated November 23, 2023.