Shoptagr Ltd. ("we", "us" or "Shoptagr") provides a proprietary tool, available through its website ("Site") and mobile application ("App") that allows users to save and track third-party products that they are interested in purchasing ("Products") and participate in Shoptagr's Cashback Program (as defined below) (collectively, the "Services"). These Terms and Conditions ("Terms") govern your access and use of the Site, App, and Services. Our Privacy Notice, available at https://www.shoptagr.com/legal/privacy
("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as defined in the Privacy Notice). "User" or "you" means an individual using the Services.
Please read these Terms carefully. By visiting our Site, you agree to be bound by these Terms relating to the use of the Site. We may amend the Terms from time to time and when you continue to use the Site after such an update, we will consider this your acceptance of any such amendment or update. When you register through the Site or App, you signify your assent to these Terms as they relate to the use of the Services. Changes may be made to these Terms from time to time and we will make commercially reasonable efforts to contact you in respect of any material changes. If you do not agree to any of these Terms, please do not register to use the Services.
1. Description of the Services.
1.1. Through your Shoptagr account you will be able to save and track Products. The dashboard in your account will allow you to see all Products that you have saved, and we will notify you when prices for Products you have saved have a reduction in price, return in stock or are low in stock, per your request for each Product.
1.2. You can save Products to your account either by manually adding a link to the Product from within your account (using the "+" button) or directly from the Product website by using Shoptagr's Google Chrome extension.
1.3. As part of the Services, when you purchase Products you have saved, once you open the checkout page, Shoptagr will automatically scan for coupons that may be relevant to your purchase.
1.4. You may be provided an opportunity to participate in Shoptagr's cashback program and receive certain amounts ("Cashback Amount") in respect of Qualifying Purchases (as defined below) facilitated by Shoptagr ("Cashback Program"), and the all things pertaining to the Cashback Amount and Cashback Program are subject to these Terms and any additional terms that may apply per Product and/or per retailer from time to time (together, the "Cashback Terms"). Further terms related to the Cashback Program are set out below.
2. Use of the Services.
2.1. Shoptagr allows you to use the Site, App, and Services on a non-exclusive basis subject to these Terms. Shoptagr may choose to change or discontinue any part of the Services at any time, without notifying you of that decision and shall not be liable to you or any third party if it chooses to change or discontinue the Services.
2.2. Currently, the Services are available free-of-charge, however Shoptagr reserves the right to charge for the Services at any future date and before doing so, you will be notified prior to such change and given the opportunity to choose whether to continue using the paid Services or to discontinue your use of our Services.
2.3. Use of and access to the Site, App, and Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or if a minor, you have obtained your legal guardian's permission to enter these Terms, and you have the capacity to enter a binding contract; (d) your use of the Site, App, and Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Site, App, and/or Services. If you provide details of a PayPal account for purposes of participation in the Cashback Program, you represent and warrant that you have the full right and power to provide Shoptagr with any such details, including any Personal Data of a third party.
2.4. By using the Services, you acknowledge that Shoptagr does not own, rent, lease, sell, resell, furnish, provide, manage, or control any of the Products. Shoptagr only provides a tool that allows you to save and track Products. It shall not be responsible for any purchases you make, the quality or provision of any Products, or the conduct or behavior of any retailers whose Products you have saved, tracked, or purchased.
3.1. In order to use the Services, you will need to have a registered account. You can register by logging in through your Facebook, Gmail, Twitter, or other third-party login account ("Login Account") as may be permitted by Shoptagr from time to time. By registering through a Login Account, you represent and warrant that such Login Account is yours and that you have full rights to provide us with the information in such Login Account. To complete the registration process, you must provide all registration information requested by us. We may indicate that that some information is optional, but if you agree to provide such information, it may assist us in providing you with improved Services.
3.2. Shoptagr may refuse to allow any user to open an account for any reason at its sole discretion and may change the method of registration at its sole discretion.
3.3. You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by law, Shoptagr will not be liable for any losses or damage arising from unauthorized use of your account or password and you agree to indemnify and hold Shoptagr harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com
that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
4. Termination of Account.
4.1. You may request termination of your account at any time and for any reason by sending an email to firstname.lastname@example.org
. Following such request, we shall close your account as soon as reasonably practicable.
4.2. You agree that Shoptagr may for any reason, at its sole discretion and without notice, terminate your account and may remove any Content (as defined below) associated with your account and take any other corrective action it deems appropriate. Grounds for such termination or suspension may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is illegal or harmful to other users, third parties, or our business interests. If your account is terminated, you may not rejoin Shoptagr again without express permission from Shoptagr. Upon termination of your account, you shall not have any further access to any Content that may be available through your account.
4.3. Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or terminatio
4.4. We reserve the right to investigate suspected violations of these Terms or illegal or inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior, or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
5. Cashback Program.
5.1. Subject to these Terms and the Cashback Terms, as party of the Cashback Program, you may be offered the opportunity to receive a Cashback Amount in respect of Qualifying Purchases.
5.2. In addition, and subject to any other Cashback Terms, in order to benefit from the Cashback Program you must: (a) have a registered Shoptagr account that is in good standing, (b) make a Qualifying Purchase from retailers using Shoptagr's services; and (c) have the ability to receive payment through a verified PayPal account, which details are included in your Shoptagr account.
5.3. It is possible that certain Products or retailers will not be eligible for the Cashback Program and therefore may not have the ability to entitle you to receive Cashback Amounts. It is also possible that the Cashback Amounts may vary in respect of the same Product sold by different retailers. The Cashback Amounts and/or the eligible Products and/or retailers may be changed from time to time without notice to you. We may modify, eliminate, or discontinue any offer or the entire Cashback Program at our sole discretion. Such change shall not affect any Cashback Amounts to which you are entitled due to purchases made prior to the date such change was effected.
5.4. Specific terms relating to individual Products and/or retailers or specific categories of Products, including the minimum Cashback Amount to which you may be entitled, will appear on the pages of the relevant retailers and shall constitute part of the Cashback Terms. We reserve the right to change the Cashback Amount listed, at our sole discretion in accordance with our business needs, but any such change will only apply to purchases made after the change was presented on the relevant retailers page.
5.5. A "Qualifying Purchase" means the actual purchase of a product clearly marked as a Product for which Cashback Amounts may be received, which can be authenticated using Shoptagr's cookies per the below, and which is not disqualified under any of the terms hereof or any other Cashback Terms that may apply to a particular Product or retailer from time to time. We shall determine at our sole discretion whether any purchase you make shall be deemed a Qualifying Purchase.
5.6. The following may not be considered Qualifying Purchases: (a) purchases made using gift cards, store credit, loyalty points or any other points programs; (b) any purchase of a Product that has subsequently been returned, cancelled, or subject to chargebacks or for which a full or partial refund has been received for any reason; or (c) purchases made in connection with any other promotion or use of any promotional code.
5.7. A cookie is placed when you click on an "activate" button before being linked to the retailer's website. The cookie will stay active for a maximum period of 24 hours, after which it will expire. Following expiration, the offer will need to be re-activated in order to qualify as a Qualifying Purchase. Since Qualifying Purchases are tracked and authenticated using cookies, if you disable cookies or use an ad blocker, we may not be able to authenticate your purchase and it will not qualify as a Qualifying Purchase. Similarly, activating additional promotions or any other actions that cause additional cookies to be placed may interfere with the authentication cookie and such purchases will not be considered Qualifying Purchases.
5.8. Though purchases are authenticated automatically, we may request proof of a Qualifying Purchase. It is your responsibility to retain receipts, and failure to produce such receipt when required by us may result in the invalidation of any Cashback Amounts in respect of the relevant Product.
5.9. You will be able to track the Cashback Amounts which you are entitled to withdraw through the dashboard of your Shoptagr account. If you return any Products or receive a refund in respect thereto, this may appear either as a canceled transaction or as an additional "return" transaction line within your Shoptagr account.
5.10. We may disqualify transactions or remove previously paid cash rewards from your account in the case of any actual or suspected fraud or abuse relating to the Cashback Program (including conducting "sham" transactions or otherwise colluding with merchants, or otherwise), or failure to meet any of the terms and conditions of these Cashback Terms. We can suspend your participation in the Cashback Program if we reasonably suspect that you have (or have attempted) to abuse or commit any fraud on the Cashback Program.
5.11. Cashback Amounts cannot be withdrawn until the aggregate amount of Cashback Amounts owing and outstanding in your account exceeds US $10. Cashback Amounts shall be available to you to withdraw with your designated PayPal account once purchases have been confirmed, following ninety days after the Qualifying Purchase has been made, subject to the receipt by us of proof of a Qualified Purchase, if requested, and subject to Section 5.15 below.
5.12. You shall not receive any interest in respect of accrued and unpaid Cashback Amounts. Payment of Cashback Amounts is at all times subject to PayPal’s applicable terms and conditions, including without limitation any terms regarding the expiry or refund of such amounts.
5.13. We cannot accept any responsibility for any tax implications of you receiving any Cashback Amounts. You must check all such implications with your tax advisor and shall make any relevant payments.
5.14. The Cashback Amount are paid to you by Shoptagr and are not contingent on any commissions, fees or other payments to which Shoptagr may be entitled from retailers or third parties in respect of transactions you have made.
5.15. In the event you fail to withdraw your Cashback Amounts and there is inactivity in your Shoptagr account for a period of twelve (12) months or more, Shoptagr reserves the right to withdraw such funds at its sole discretion, without providing notification to you and you shall no longer have any entitlement with respect thereto.
6.1. Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, links, pricing information, coupons, recommendations, and any modifications or derivatives of the foregoing.
6.2. Content comes from a variety of sources. You understand that Shoptagr is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content. SHOPTAGR DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. SHOPTAGR DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
6.3. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect to any Content.
7. Use Restrictions.
You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any software and/or code used to provide the Site, App, or Services, including framing or mirroring any part of the Site, App, or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Site, App, or Services or Content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site, App, or Services; (5) use or access another user’s account or password without permission; or (6) use the Site, App, or Services or content thereon in any manner not permitted by these Terms.
8. Intellectual Property.
Shoptagr or its licensors, as the case may be, have all right, title, and interest in the Site, App, and Services, including any material or Content made available thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any Content of the Site, App, or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Shoptagr or any third party. If you provide Shoptagr with comments or suggestions for the modification, correction, improvement or enhancement of Services then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.
9. Disclaimers and Disclaimer of Warranty.
9.1. All information and Content available through the Services is for information purposes only and Shoptagr provides no guarantees with respect thereto. Your use of any aspect of the Site, App, or Services is at your sole discretion and risk. Shoptagr cannot and does not accept any liability in respect of any activities that you may undertake through using the Services, including by means of linking to third-party websites and/or any purchases made on those third-party websites. The Site, App, Services, and any Content available thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind.
9.2. SHOPTAGR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SITE AND/OR SERVICES OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, APP, AND/OR SERVICES; OR (II) THAT THE SITE, APP OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, APP AND/OR SERVICES. SHOPTAGR DOES NOT WARRANT THAT ANY CONTENT AND/OR DESCRIPTION PROVIDED THROUGH THE SERVICES REGARDING PRODUCTS OR OTHERWISE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
9.3. No advice or information, whether oral or written, obtained by you from Shoptagr shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
10. Limitation of Liability.
10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHOPTAGR, ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SHOPTAGR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED AMOUNT PAID BY YOU DIRECTLY TO US FOR THE USE OF THE SERVICES HEREUNDER. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS IN ORDER TO USE THE SERVICES, SHOPTAGR WILL NOT HAVE ANY LIABILITY TO YOU WHATSOEVER.
10.2. In addition to the foregoing, Shoptagr assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. Shoptagr is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems or equipment, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person's mobile device or computer related to or resulting from use of the Services. Under no circumstances shall Shoptagr be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you and you hereby represent and warrant that you are solely responsible for any and all data provided to Shoptagr and you shall assume any and all liability for any consequences of provision of such data to us.
10.3. Please note that we are not affiliated with third-party online stores, nor do we endorse anything provided on them, including the Products. While we make reasonable attempts to notify you of changes in prices with respect to the particular version of the Product that you tagged, we do not warrant that the prices that are included in our notification will be the actual price of the relevant Product and/or that the relevant Product will actually be available for sale. We only provide you with notifications and/or related information and are not responsible for the actions of such third-party online store and/or that such online store will respect any agreements entered and/or purchases made. We do not warrant that any Product is safe, legal or appropriate. We expressly disclaim any and all liability in connection with the above.
You agree to indemnify, defend, and hold harmless Shoptagr, its employees, directors, officers, subcontractors and agents against any and all claims, damages, losses, liabilities, costs or expenses (including attorneys’ fees and court costs) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, mobile device, Login Account, password or login information, whether authorized or unauthorized; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, App, or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right, moral or publicity right; or (e) any other matter for which you are responsible hereunder or under law.
12. Third Parties.
The Site and App may provide you with links to third-party websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through third-party websites and applications or for the privacy practices of such third parties. We do not endorse any products offered by third parties and we urge you to exercise caution when using third-party websites or applications.
These Terms shall be governed exclusively by the laws of the State of Israel, exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. The competent courts in Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. If any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Shoptagr or enables you to act on behalf of Shoptagr. Except as expressly stated herein, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You may not assign and/or transfer any of your rights or obligations hereunder and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any other breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.
Shoptagr Ltd. is incorporated in the State of Israel with registration number 514970250.
Last updated: January 2020