Terms & Conditions

Acceptance of the Terms and Conditions of Use

These general terms and conditions of use (these “General Terms and Conditions”) constitute a legal agreement and are entered into by and between you and ShopThing Inc. (“Company,” “we,” “us,” “our”). These General Terms and Conditions, together with our Terms and Conditions for Purchasing Goods or Services, and our Privacy Policy govern your access to and use of (i) our website, ShopThing.com, and all pages associated thereto, (ii) the ShopThing iOS mobile app, (iii) the ShopThing Android mobile app, and (iv) the ShopThing page or profile on any social media network, including without limitation, Instagram and Facebook (each a “Site” and collectively, the “Sites”).

BY USING THE SITE(S) YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE GENERAL TERMS AND CONDITIONS, OUR CONDITIONS FOR PURCHASING GOODS OR SERVICES AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE(S) 

By using the Site(s), you represent and warrant that you are 18 years of age or older. If you are between the ages of 13 and 18 you must fully review these Terms and Conditions with your parent or legal guardian prior to using the Site(s). Children under the age of 13 may not use the Site(s). 

Modifications to the Terms and Conditions and to the Site(s) 

We reserve the right in our sole and absolute discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site(s). 

To improve the Site(s), we may add or remove features, functionalities, and the support of certain devices and platforms. Our services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our services, including certain features and the support for certain devices and platforms. Where feasible, we will provide you with prior notice of any such discontinuation. Events beyond our control (such as acts of God, flood, fire, earthquake, explosion, epidemics, pandemics (including COVID-19), war, terrorism, civil unrest, labour actions, national or regional emergencies, or any similar event) may temporarily or permanently impact our ability to provide you with access to the Site(s).

Your Use of the Site(s) and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized collection, use, and disclosure. You can learn more about our security practices by reviewing our Privacy Policy.

The safety and security of your information also depends on you. Users are responsible for maintaining strong security protection and for taking other reasonable precautions necessary to prevent others from gaining access to their accounts on any of our Sites. 

Any username, password, authentication link or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. 

Prohibited Use

You are prohibited from attempting to circumvent, and from violating, the security of the Site(s), including, without limitation by: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized, including by attempting to reverse engineer code or reviewing or modifying application binaries; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting our ability to monitor the Site(s); (f) using any robot, spider, or other automatic device, process, or means to access the Site(s) for any purpose, including monitoring or copying any of the material on the Site(s); (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site(s) or any related site or service via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Site(s).

You are prohibited from using the Site(s) for any illegal or unauthorized purpose, and you must not use the Site(s) to abuse, harass, threaten, impersonate, or intimidate any other user of the Site(s). 

Intellectual Property Rights and Ownership 

You understand and agree that each Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, and displays, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws and rights including without limitation, copyright, trademark, patent, trade secret, and other proprietary rights. 

The Company name, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Site(s) are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Site(s) for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site(s), in any form or medium whatsoever.

Any use of the Site(s) not expressly permitted by these General Terms and Conditions is a breach of these General Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property laws.

Personal Information: Grant of Licence

The Site(s) may require you to provide certain personal information, such as your name, address and credit card information. By using the Site(s), you agree to our collection, use and disclosure of such personal information in accordance with these General Terms and Conditions, our Terms and Conditions for Purchasing Goods or Services, and our Privacy Policy. You hereby grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence 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. 

Geographic Restrictions

The owner of the Site(s)is based in Ontario, Canada. We currently provide the Site(s) for use only by persons located in Canada and the United States. The Site(s) are not intended for use in any jurisdiction where its use is not permitted. If you access the Site(s) from outside Canada or the United States, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF EACH OF THE SITES IS AT YOUR OWN RISK. EACH OF THE SITES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE COMPANY MAKES NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF ANY OF THE SITES OR ITS CONTENTS. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF EACH SITE. 

Limitation of 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 SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY SITE IS TO STOP USING SUCH SITE AND ANY RELATED SERVICE.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, representatives, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to your breach of these General Terms and Conditions or your use of the Site(s) other than as expressly authorized in these General Terms and Conditions.

Governing Law and Arbitration

The Site(s) and these General Terms and Conditions 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 the Site(s) and/or these General Terms and Conditions, the Terms and Conditions for Purchasing Goods or Services or the Privacy Policy 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

Waiver 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these General Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these General Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these General Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

These General Terms and Conditions, our Terms and Conditions for Purchasing Goods or Services and our Privacy Policy constitute the sole and entire agreement between you and ShopThing Inc. regarding the Sites(s) and any related service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

Reporting and Contact

This Site(s) 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 Site(s) should be directed to hello@shopthing.com.

Terms & Conditions for Purchasing Goods or Services

Please see our Terms & Conditions for Purchasing Goods or Services page.

 Last updated April 18th, 2023.