Terms of Service
Last updated on October 3, 2020
Thanks for using ShelfPerks, a product of 2497 Inc.
By using ShelfPerks, owned by 2497 Inc., you are agreeing to the following Terms of Service and any additional terms and conditions related to your use of ShelfPerks.
This Terms of Service agreement is a legally binding contract between 2497 Inc. (“we”, “our” or “us”) and you (“you”, “your”) and govern your use of ShelfPerks services including mobile applications, websites, software, hardware and other related products and services (collectively, the “Services”).
If you are registering for a ShelfPerks Merchant account on behalf of a business, you confirm that you have authority to make legally binding agreement for the business that you represent and the business and its officers, employees, successors accept these terms.
In case any ownership dispute arises for a ShelfPerks Merchant account, we will be the sole arbiter who will make the final binding decision.
ShelfPerks Merchant Account
You must register an account (ShelfPerks Merchant Account) with us in order to use ShelfPerks platform and its related services. During the registration process, we will ask for your information which includes your name and other personal information. You agree to provide the complete and accurate information to complete the registration process.
At any time post registration, we may also ask for your business license, taxpayer ID and other relevant information to verify the legitimacy of your business. You agree to provide us with the information we request from you.
All the activities happened under your ShelfPerks Merchant account, including the activities by the persons to whom you have granted access to your ShelfPerks Merchant account is your sole responsibility. We reserve the right to make modifications to, suspend, or terminate any ShelfPerks Merchant account which is registered with inaccurate, incomplete, untrue information or which does not comply with registration requirements or which cannot be verified for its legitimacy.
Use of Our Platform Permitted By Laws
We do not allow any misuse of our product and services. You can ONLY access our platform via provided user interface.
We reserve the right to stop or suspend providing our services to you if we find that our products and services are used to perform any illegal operations prohibited by Laws.
You, hereby, authorize us to share information about you, your ShelfPerks Merchant account and any of your activities under your ShelfPerks Merchant account with law enforcement if there is such a request from law enforcement agencies and/or if we suspect that your ShelfPerks Merchant account has been used for an unauthorized, illegal or criminal purpose.
Content Ownership and Intellectual Property Rights
Using our Services does not grant you ownership of any intellectual property rights in our service and content. The content you have added to your ShelfPerks Merchant account is owned by us. Even after the termination of your ShelfPerks Merchant account, the content you added to your account may remain in historical, cached or archived copies and versions.
Our automated systems analyze the content and the activities of your ShelfPerks Merchant account in order to improve our product and services and to identify trends. We may also use the information deduced from these analyses in our other products, services, promotions, business development, process improvements, product development, etc. throughout the world.
ShelfPerks Privacy Policies provide information on how your personal data is treated and how your privacy is protected related to your use of ShelfPerks platform.
You may not transfer any rights granted to you under this Terms of Services agreement.
You may not modify, distribute, sell, lease, or reverse-engineer any part of ShelfPerks and its related services.
You may not use any automated devices, algorithm, program, methodology, scraper, web crawler, spider or any equivalent automated or manual process to access, monitor, acquire or copy any part of 2497 Inc., ShelfPerks and its related services.
You may not attempt to gain unauthorized access to any portion or feature of ShelfPerks Platform, or any other systems or networks connected to ShelfPerks Platform, or to any ShelfPerks or 2497 Inc. servers, or to any of the services offered on or through ShelfPerks Platform and 2497 Inc., by hacking, password “mining” or any other illegitimate means.
You may not impose an unreasonable or disproportionately large load on our ShelfPerks infrastructure.
You may not upload any material that contains corrupted data or any other harmful, disruptive, or destructive files to our ShelfPerks platform or infrastructure.
You may not post nude, partially nude, or sexually suggestive photos in ShelfPerks Platform, 2497 Inc. and its related services.
You may not use and benefit from ShelfPerks platform and its related services via rental, lease, sub-lease, timesharing, or other arrangement.
You may not use a ShelfPerks trademark or any other graphic symbol, logo, or icon owned by 2497 Inc. in a disparaging manner.
You may not use the ShelfPerks Logo or any other graphic symbol, logo, or icon owned by 2497 Inc. on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from ShelfPerks or 2497 Inc.
Software Updates and Changes
We reserve the right to do any of the following, at any time, without notice:
- We may add, remove or change functionalities or features of ShelfPerks.
- We may also suspend or stop our ShelfPerks platform and its related services when it deems necessary.
- Our software may update to a new version automatically on your device to keep up with the latest bug fixes, feature improvements and new feature implementations.
Types of Products and Services Sold By You Using ShelfPerks Platform
Whether at your physical location(s) and/or online store, the following types of products and services are prohibited including, but not limited to, products and/or services that —
- infringe or have potential to infringe the privacy rights or intellectual property rights of another party
- slander or defame or libel another party
- are determined by us to be pornographic, sexually explicit, violent, offensive, or inappropriate
- are illegal or potentially illegal including, but not limited to, stolen, fraudulent, or counterfeited
In using ShelfPerks to sell goods and/or services at your retail locations, you are solely responsible to collect applicable sales taxes, special product taxes and fees from your customers. You may use features on ShelfPerks to enter applicable sales taxes and special product taxes and fees for each of your retail locations. Although we may provide you tools for tax estimates and reports, you may not rely on these tools for your tax related obligations.
You may have access to the customer information (such as name, email address, mailing address, phone number) that is saved under your ShelfPerks merchant account. Your use of customer information has to be within the boundaries of laws. 2497 Inc. is not responsible for your use of customer information for marketing, promotion and any other purposes. If you send messages to the customers, you alone are responsible for the content of those messages and to uphold any promise made to the customers by you. You agree that you will follow the applicable laws and regulations regarding marketing practices. You are prohibited from sharing and/or selling the customer information to another third party. Any of the unlawful, illegal, unethical use of customer information will result in the suspension and/or cancelation of all the services provided to you by ShelfPerks and/or legal actions taken by us.
Gift Cards sold by you using the features of ShelfPerks are only redeemable from you for your goods and services at ALL of your retail locations. You agree to comply with applicable federal, state and local laws that apply to your gift cards, including but not limited to the maximum value of a gift card, expiration date, balance of a gift card, unclaimed gift card amount, reporting and remittance of unclaimed gift card balances. All gift cards and funds associated with the gift cards are your sole property. Any liability for the use or misuse of your gift cards, customer service for buyers and holders of your gift cards, and any third party claims arising from or relating to your gift cards, are your sole responsibility.
2497 Inc., through its product ShelfPerks, may or may not provide you with features to sell your goods and services online (such activities, collectively called “your eCommerce activities”). For all your eCommerce activities, you are solely responsible to comply with any federal, state and local laws or regulations including, but not limited to, taxes and fees related to sales or purchase of products and/or services for your eCommerce activities, reporting to government authorities, notifying and collecting applicable taxes from your eCommerce customers.
You are solely responsible for customer service, order fulfillment, delivery, refunds, claims and warranties related to your eCommerce and other related activities.
Third Party Payment Processors
There will be third party payment processors you have to partner in order to process your in-store and/or eCommerce customer payments. Your relationship with a third party payment processor is governed by the third party payment processor’s terms and policies. We are not liable for any payment or transaction issues caused by the third party payment processor.
Despite the measures we put in place to protect your ShelfPerks Merchant account and your personal information, we cannot guarantee that security breach by unauthorized third parties will never happen. You are responsible for safeguarding your ShelfPerks Merchant ID, ShelfPerks Merchant account username, ShelfPerks Merchant account password and for restricting access to ShelfPerks Merchant account. You agree to immediately notify us when any security breach or unauthorized use of your password or account happens or is suspected.
Payments and Fees
You agree to pay all the applicable fees and taxes set forth on the invoice for the use of ShelfPerks and its related services. You agree to provide the accurate billing and contact information which will be used by us to verify the validity of the payment method and to charge your payment card or bank account. You agree that your debit/credit card, bank account and related personal data may be provided to our third-party partners whom we use for payment processing.
Limited Liability and Indemnification
To the extent permitted by law, we exclude all warranties.
We provide our ShelfPerks platform and its related services “AS IS”. We do NOT make any specific promises about ShelfPerks platform and its related services. We do NOT make any promises about functionality, reliability, availability or ability to meet your needs. We do NOT guarantee that any feature, service and content of ShelfPerks and its related services will be free of errors or free of interruptions.
When permitted by law, we will NOT be responsible for lost profits, revenues or data. We are also NOT responsible for indirect, special, consequential, exemplary or punitive damages.
2497 Inc. will not be responsible for any unforeseeable loss or damages directly or indirectly related to ShelfPerks and its related services.
You will hold harmless and indemnify 2497 Inc. and its affiliates, officers, agents and employees from any action, suit or claim arising from or related to the use of ShelfPerks and its related services including any expense or liability arising from losses, damages, claims, suits, judgments, attorneys’ fees and litigation costs.
This Terms of Service agreement shall be governed by the Laws of the State of California and jurisdiction limited to the Courts of Santa Clara County.
In case any dispute or controversy between you and 2497 Inc. happens in connection to your use of ShelfPerks and its related services, the parties shall attempt to resolve such dispute in good faith. If such negotiations do not result in a resolution of the dispute within 30 days or within a mutually agreed time frame, the Parties shall refer such dispute to a mediation organization appointed by Company. The appointed mediation & negotiation organization shall conduct in accordance with the terms and conditions of this agreement. If mediation is failed, then the same shall be referred to arbitration in that event the sole arbitrator shall be appointed by Company, 2497 Inc.
Modification, Compliance and Termination
At any time, we may modify these terms, remove some terms or add additional terms to this Terms of Service agreement, to reflect changes to ShelfPerks and its related services or to the law. Notice of modification will be posted on this page.
If you do not comply with any of these terms and we don’t take any action right away, this does not mean that we are giving up any rights that we may have such as taking action in the future.
If a particular term is deemed unenforceable, this will not affect any other terms.
Both parties (us and you) may terminate this Terms of Services agreement at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees. If it is us initiating the termination, then we will provide you with reasonable notice via the communication method of our choice. If it is you initiating the termination, you agree to notify through support.shelfperks.com.
Upon termination, your access to your ShelfPerks Merchant account and its related services will be removed. We will not be liable for any loss or damages caused by the termination.
Upon termination, the following sections of this Terms of Services agreement will remain in effect in accordance with their terms:
- Content ownership and Intellectual property rights
- Limited Liability and Indemnification
- Governing Law
- Dispute Resolution