SHARGET GENERAL TERMS AND CONDITIONS
Last updated: 7 September, 2016.
These General Terms and Conditions ("T&C") apply to your use of the SHARGET service (“Service”) via the website sharget.com or any of its subdomains, or a mobile application. You must read, agree with and accept all of the terms and conditions contained in these T&C. Your access to and use of the Service is conditioned on your acceptance of and compliance with these T&C. These T&C apply to all visitors, users and others who access or use the Service.
These T&C was written in English. To the extent any translated version of this document conflicts with the English version, the English version shall be taken as the legally valid version. We reserve the right to amend these T&C at any time by posting a revised version on our website. The revised version will be effective at the time we post it. We will inform you about the changed T&Cs the at next time you access the Service. In this case, to continue using the Service, you must read, agree with and accept the revised T&C.
We may close, suspend, or limit your access to your Account or the SHARGET Service, if you violate these T&C, any other agreement you enter into with SHARGET, or as otherwise specified in these T&C or other agreement you have entered into with SHARGET.
By accessing or using the Service you agree to be bound by these T&C. If you disagree with any part of the T&C then you may not access the Service.
“ACCOUNT PROFILE” means the location on our website where you can, after logging in, view and manage your profile, including your personal information.
“AFFILIATES” are companies that are direct or indirect subsidiaries of SHARGET or are otherwise related to SHARGET through common ownership or control.
“T&C” means these General Terms and Conditions including all subsequent amendments.
“PERSONAL ACCOUNT” means an Account established primarily for personal purposes.
“POLICY” OR “POLICIES” means any Policy or other agreement between you and SHARGET that you entered into on the SHARGET website or in connection with your use of the SHARGET Services.
“SHARGET SERVICES” means all our products and services and any other features, technologies and/or functionalities offered by us on our website, mobile application or through any other means.
“USER” means any person or entity using the SHARGET Services including you.
2. OUR RELATIONSHIP WITH YOU.
2.1 YOUR PRIVACY.
2.2 INTELLECTUAL PROPERTY.
"Sharget.com", "Sharget", and all logos related to the Sharget Services are either trademarks or registered trademarks of Campus Life SAS. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Sharget. You may not copy, imitate, or use them without our prior written consent.
2.3 NOTICES TO YOU.
You agree that SHARGET may provide you Communications about your Account and the SHARGET Services electronically. Any electronic Communications will be considered to be received by you within 24 hours after the time we post it to our website, mobile app or email it to you. Any Communications sent to you by postal mail will be considered to be received by you 3 Business Days after we send it.
SHARGET Users provide their real names and information, and we need your help to keep it that way, to build up the trust in the user community. By accepting these T&C and creating an account on SHARGET, you agree that:
- You will not provide any false personal information on SHARGET or create an account for anyone other than yourself without permission;
- You will not create more than one personal account;
- If we disable your account, you will not create another one without our permission;
- You will not use SHARGET if you are under 18;
- You will not transfer your account to anyone without first getting our written permission.
4. CLOSING YOUR ACCOUNT.
4.1 HOW TO CLOSE YOUR ACCOUNT.
You may close your Account at any time by following the instructions in your Account Profile or by sending a request to firstname.lastname@example.org. Upon Account closure, we will cancel any pending transactions, and the items and services related to your account will no longer be available.
4.2 LIMITATIONS ON CLOSING YOUR ACCOUNT.
You may not close your Account to evade an investigation, no matter it is conducted by SHARGET administration or law enforcement agencies. You will remain liable for all obligations related to your Account even after the Account is closed.
4.3 DORMANT ACCOUNTS.
If you do not log in to your Account for one or more years, SHARGET may close your Account.
5. RESTRICTED ACTIVITIES.
5.1 RESTRICTED ACTIVITIES.
In connection with your use of our website, mobile application, your Account, the SHARGET Service, or in the course of your interactions with SHARGET you will not:
- Breach these T&C or any other agreement or policy that you have agreed to with SHARGET;
- Violate any law, statute, ordinance, or regulation;
- Infringe SHARGET's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is defamatory, trade libelous, threatening or harassing;
- Provide false, inaccurate or misleading information;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
- Use your Account or the SHARGET Service in a manner that SHARGET reasonably believes to be an abuse of the SHARGET Service;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the SHARGET Service;
- Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
- Circumvent any SHARGET policy or determinations about your Account such as temporary or indefinite suspensions or other Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional SHARGET Account(s) when an Account has been restricted, suspended or otherwise limited; creating new or additional SHARGET Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s SHARGET Account;
- Harass our employees, agents, or other users.
SHARGET reserves the right to stop providing the Service to you and close the account in case of any breach of these provisions.
6. DISPUTES WITH SHARGET.
6.1 AGREEMENT TO ARBITRATE.
You and SHARGET each agree that any and all disputes or claims that have arisen or may arise between you and SHARGET shall be resolved exclusively through final and binding arbitration, rather than in court.
English law shall govern any and all relations between the parties hereto. Any disputes between the parties shall be finally resolved by ICC Paris accordance with its rules. Rules of ICC Paris are incorporated into these T&C by reference. The seat of the arbitration tribunal shall be in Paris and all the proceedings shall be conducted in English language.
6.1.1. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF.
You and SHARGET agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and SHARGET agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. The arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other SHARGET users.
6.1.2. ARBITRATION PROCEDURES.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of these T&C as a court would. The arbitration will be conducted by an internationally recognized arbitrator appointed by a third party.
With the exception of any of the provisions in subsection (1) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"], if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (1) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non- Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the T&C, including all other provisions of Section 7 (Disputes with SHARGET], will continue to apply.
6.2. NO WAIVER.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You agree to defend, indemnify and hold SHARGET, affiliates and the officers, directors, agents, joint venturers, employees and suppliers of SHARGET or our Affiliates, harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of these T&C, your improper use of the SHARGET Services, and/or your violation of any law or the rights of a third party.
7. INTERACTIONS WITH AND BETWEEN USERS
SHARGET provides its Services through a multi-user communication Platform, which allows its users to share, borrow and exchange goods and users’ services. SHARGET’s main objective is to provide simple and convenient way to view and search the catalog of items and services offered by users and to facilitate the communication between users (which may include messaging, reminders, user reviews, etc.).
By using the Service, including the platform, website and/or mobile application, you understand and accept, that SHARGET, unless explicitly specified:
- does not act as full-fledged intermediary in the interactions between its users, but rather provides an information services for them (assumes the role of information broker);
- does not hold any stock of goods or items, or have resources for providing other services, to back up the offers published by its users;
- can’t guarantee quality level of the goods and users’ services offered by Service users, and does not provide any warranty for the goods or users’ services delivered;
- does not perform preemptive checks of the goods or services’ offers, published by the users of the platform, and can’t be held accountable for any discrepancy between the information contained in the announcements or requests and the real status / conditions of the item or user offered service;
- can’t be held liable in case one of the counterparties (users) of the platform do not fulfill their promises or obligations;
- does not provide any insurance for the goods or services offered by the users of the platform, and does not provide any compensation in a monetary or any other form in case the item has been damaged, lost or broken by a user of the platform, or service offered by a user was not delivered or delivered in an unsatisfying manner;
- can’t be held liable for the improper behavior of the users in their communications;
- does not control and manage the reviews and ratings given by Platform users to each other, and will not do any modifications of these ratings and reviews, other than in respect of the exceptional circumstances (for example, proven deceitful or abusive comments], or in the event of global rating system changes;
In no event you will deem SHARGET or our affiliates, and the officers, directors, agents, joint venturers, employees and suppliers, responsible on any damages incurred to your or others’ property, health, or any other losses, whether such losses or damages has resulted from the actions of other users of the Service or your own actions.
In all circumstances, SHARGET does the best effort to ensure the smooth experience for the users and protect them from improper or fraudulent interactions. If you believe that you have been a victim of some unfair or dishonest actions from other Service user, please contact us at email@example.com, so that we could investigate the situation and do our best to resolve it.
From your side, by using the Service, you agree that you will make the best effort to act ethically and responsibly in your interactions with other users of the Service and with SHARGET, and to adhere to the following principles:
- not to provide knowingly misleading information in your user profile (if you prefer not to share your personal information, there is a possibility to keep it private);
- communicate with other users in a respectful and polite way;
- respect other users’ privacy, do not offend or abuse them;
- in your own announcements about the items or services, you should provide accurate and faithful information, and not to mislead the other users of the Service;
- do your best to fulfill your obligations to other users (for example, return the items you’ve borrowed in time);
- keep the items of other users which you have temporarily lent in the same condition, take care of these items;
- respect the deadlines and return the items you have lent in a timely manner;
- provide all reasonable efforts to update the information about the items, services, requests and deals in the Platform in a timely manner, so that other users will not have the inaccurate information and the algorithms function properly;
- do not exploit and misuse the Service and abuse confidence of other users;
- be objective when providing feedback and while rating the other users;
- will not post the announcements with the inappropriate, offensive or unlawful content (for example, pictures or texts containing sexual content; announcements with illegal substances or activities and so on);
- report suspicious activities, which you believe to be fraudulent, unlawful or inappropriate, to SHARGET, by contacting us at firstname.lastname@example.org, so we could take measures to protect you and our users.
SHARGET is a community-oriented Service, and we aim at building trust between the users of the Service, so that each and every member of the community could benefit from the help of others, when he or she needs it; and could provide the same to the fellow members of the community as well. We encourage each and every user to act in a responsible and respectful manner to create safe and trustful environment for the benefit of everyone.
8. GENERAL PROVISIONS.
8.1 LIMITATIONS OF LIABILITY.
In no event shall we or our affiliates, and the officers, directors, agents, joint venturers, employees and suppliers of SHARGET or our affiliates be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, mobile application, the SHARGET services, or these T&C (however arising, including negligence). In addition, to the extent permitted by applicable law, SHARGET and our affiliates, and their respective officers, directors, agents, joint venturers, employees, and suppliers are not liable, and you agree not to hold these parties responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
(1) Your use of or your inability to use SHARGET’s sites and services;
(2) delays or disruptions in SHARGET’s sites and services;
(3) viruses or other malicious software obtained by accessing SHARGET’s sites or services or any site
or service linked to SHARGET’s sites or services;
(4) glitches, bugs, errors, or inaccuracies of any kind in SHARGET’s sites or services or in the information and graphics obtained from them;
(5) the content, actions, or inactions of third parties;
(6) a suspension or other action taken with respect to your account;
(7) your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these T&C or SHARGET’s policies. SHARGET reserves the right to modify its policies and these T&C at any time consistent with the provisions outlined herein.
8.2 WAIVER OF CLASS ACTION SUITS
Your acceptance of these T&C means that you explicitly and irrevocably waive any and all rights to any class action suits in any jurisdiction that you may be entitled to at any time in equity, by law or otherwise.
8.3 NO WARRANTY.
SHARGET’s services are provided "as is" and without any representation of warranty, whether express, implied or statutory. SHARGET and our affiliates, and the officers, directors, agents, joint venturers, employees and suppliers of SHARGET or our affiliates, specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. SHARGET does not guarantee continuous, uninterrupted or secure access to any part of the SHARGET Services, and operation of our site or mobile application may be interfered with by numerous factors outside of our control.
8.4 COMPLETE GENERAL TERMS AND CONDITIONS.
These T&C, along with any applicable policies and agreements on the Legal page on the SHARGET website, sets forth the entire understanding between you and SHARGET with respect to the SHARGET’s Services. Sections 1 [Definitions], 2 [Our Relationship with You], 4 [Closing Your Account], 6 [Disputes with SHARGET], 7 [Interactions with and between users], and 8 [General Provisions], as well as any other terms which by their nature should survive, will survive the termination of your usage of SHARGET services. Unless stated otherwise in these T&C, if any provision of these T&C is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
8.5 SERVICE TERMINATION
SHARGET reserves the right to stop providing the Service to any USER with immediate effect in case of a breach of these T&C by this USER.
8.6 TRANSLATED GENERAL TERMS AND CONDITIONS.
Any translation of these T&C is provided solely for your convenience and is not intended to modify the terms of these T&C. In the event of a conflict between the English version of these T&C and a version in a language other than English, the English version shall apply.