11 November, 2019
The Services include an image and data analytics platform designed to provide insights into the physical shelves of a retail environment. The Services incorporate an analytics platform, image capturing devices, a reporting dashboard and other data collection and analysis capabilities. The data collected may contain personal information as defined by legislation, regulations, and other rules having equivalent force that relate to the use of the Services (‘Applicable Law’), including in Australia the Privacy Act 1988 (Cth) (‘Privacy Act’) and subsequent amendments.
- We hereby give You a personal, worldwide, non-assignable and non-exclusive right to access and use the Services for the sole purpose of collecting images and other data (collectively, “Data”) to provide insights into the physical shelves of a retail environment for a legal purpose. Use of the Services does not guarantee any result whatsoever with regard to the purpose for which You use the Services.
- You may need to be a registered member to access certain of our Services. When you register and activate your Shelfie™ account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with Us; and
- agree and warrant to use the Services in accordance with the Terms.
- You agree to take all reasonable precautions to prevent any unauthorized access to, or use of, Your account and any Data it contains, including the use of secure passwords. In no event shall We be held liable or responsible for any loss or damage You suffer or incur if You share Your password or do not adequately protect Your account.
- If You are a registered user of the Services with administrator rights, You hereby undertake and accept full responsibility for:
- properly maintaining the list of users with access to Your instance of the Services, including a regular review to ensure it remains appropriate and that all users who no longer require access to Services are removed;
- assigning and maintaining appropriate user access/roles/permissions, appropriately limiting those with administrator level of access to ensure appropriate security practices are used to preventunauthorized access to the Services by anyone other than authorized personnel;
- ensuring any custom roles defined by You and any other administrators are appropriate and enforced;
- ensuring the security settings of the Services comply with Your specificsecurity policy requirements;
- ensuring the supervision, management, and control of the use of the Services by Your personnel and other authorized users;
- notifying Us of changes made to Your technical or administrative contact details;
- maintaining the security of data associated with integrations and API’s connected to the Services which may result in confidential or sensitive data moving outside of the Services into 3rd party applications;
- reporting any security related concerns or incidents to Our security team in a timely manner by emailing security@Shelfieretail.com with a full and accurate description of the concerns or incidents.
- We accept no responsibilitywhatsoever for the acts or omissions of any user You may give access oradministrative rights to the Services.
- You hereby consent to Data being requested,uploaded, verified, processed, stored, managed, used, deleted and otherwisedealt with for the express purpose the Data were provided for. You herebyrelease Us from any liability whatsoever relating to how You may store, use,delete or distribute Data, or that may result from any act or omission by You withregard to Data or the purpose for which they were provided.
- Inthe event You choose to purge, delete or otherwise remove any or all Data fromthe Services, You may lose the ability to access, download or recover those Data. We accept no liability whatsoever forany cost, loss, damage or expense You or anyone else may suffer or incur as theresult of the purging, deletion, removal or loss of any Data.
- If You upload a 3rd party’s personalinformation to the Services, then You hereby agree to inform such 3rd party ofthe purpose for which that information is sought and will be used by You.
- All Data that are uploaded, stored,processed or managed in the Services shall only ever be stored by Us on deviceslocated in compliance with Applicable Law, unless We specifically obtain the Dataowner’s consent to do otherwise, and shall only ever be used or shared by Us inaccordance with the owner’s intent or action and in accordance with theseTerms. We only share personal information about the Data owner with others forthe purpose they provided it for.
- We do not make any decisions or haveany direct involvement in the transaction for which the Data are provided.
- AllData uploaded to the Services shall only ever be used or shared by Us withanother person or entity in accordance with these Terms.
- You must not remove, obscure, oralter any branding, logos, legal or other notices displayed in connection with theServices, including the reports it generates. If You submit feedback orsuggestions about the Services, We may use Your feedback or suggestions withoutincurring any financial or other obligation to You.
- You hereby agree to take all reasonable stepsto ensure all confidential and sensitive datarelated to the Services, including personal information and credit card details, are maintained within the security of the Services and not sent via e-mail or other non-securecommunication platforms unless properly desensitized. In particular, You will take all reasonablesteps to ensure You and Your customers do not send any such confidential and sensitive data to Us forany reason unless properly desensitized.
- Youhereby agree to follow all terms, conditions and instructions specified within theServices and only use the Services for the purpose for which it is intended andin accordance with these Term and Applicable Law.
- You can stop using the Services atany time. Alternatively, We mayterminate Your right to use the Services at any time in our absolute discretionfor any reason or for no reason provided always that You will be given areasonable opportunity to download any Data You have stored in the Services ifWe terminate Your right to use the Services.
- We will provide reasonable technicaland other support for the Services as outlined in the Services and on Ourwebsite.
- We retain all intellectual propertyrights in the Services. Using the Servicesdoes not give You any ownership rights whatsoever in the Services or any otherpart of Our business, or in any other 3rd party products or servicesthat may be accessed or used as a result of Your use of the Services.
- Without Our written permission, or unlessauthorized by Applicable Law, You may not copy, modify, distribute, sell, orlease any part of the Services, nor may You reverse engineer or attempt toextract the source code of the Services or any other part of the Services.
- Youagree to pay all amounts due to Us for use of the Services in accordance withthe plan You select (‘Fees’) and only use the Data for the purpose theywere submitted and in accordance with Applicable law and any agreement we havewith You. Government taxes shall, ifapplicable, be payable by You in addition to the Fees payable by You. You willprovide authorized credit card details to Us so that the Fees and GST can becharged by Us when due. Failure to pay the Fees and applicable taxes when duemay result in the immediate termination of Your Services account.
- IfYou upload any Data using the Services then You hereby consent to otherregistered users in your Services account verifying, storing, managing, using,deleting and/or providing Your Data to third parties for the purpose the Datawere provided for. You hereby release Us from any liability whatsoever relatingto how any of Your users may verify, store, manage, use, delete or distributeYour Data, or that may result from any act or omission with regard to Your Dataor the purpose for which they were provided.
- Weoffer the opportunity to purchase certain goods and services from within the Services.All purchases You make are final and no refunds are offered or available unlessotherwise indicated. If Your account is cancelled or terminated at any time,all credits that you have not used by the date of cancellation or terminationwill expire immediately without any right for You to demand a refund or any othercompensation.
- You hereby agree that We may send Youmessages and other information from time to time by email, SMS, notificationand other methods while You maintain a Services account or otherwise use the Services.
- We regularly change and improve the Services.We may automatically update the Services whenever a new version or feature isavailable, or if We remove certain functionality for any reason. You will notdo anything to restrict or prevent such updates applying to any Services thatYou use in connection with the Services. Access to the Services may temporarily besuspended during both scheduled and unscheduled maintenance and upgrades and Wewill not be liable for any damage, loss, cost or expense You may incur duringor as a result of such suspension.
- The Services may use 3rdparty technologies that We licence or otherwise use legally, but We provide nowarranty or assurance whatsoever that We will continue to use thosetechnologies in future as part of the Services.
- Wereserve the right to delete any Data stored in Our Services without furthernotice if You cease to pay Us any amount required to use the Services orotherwise breach any of these Terms, in which case You hereby release Us from allliability for any cost, loss, damage or expense whatsoever that You or anyoneelse may suffer or incur as a result of Us deleting such Data. We accept noliability whatsoever for any cost, loss, damage or expense You or anyone elsemay suffer or incur as the result of Us so terminating the use of the Servicesor the deletion or loss of any Data.
- We accept no liability whatsoever forany cost, loss, damage or expense You or anyone else may suffer or incur as theresult of the purging, deletion, removal or loss of any Data from the Services.
- You hereby agree that a fair use policyapplies at all times to Your use of the Services such that You will notauthorize or enable others to use the Services without paying any Fees to Usthat are otherwise applicable to that use, You will only use the Services in areasonable manner and not in any way that is excessive, immoral, fraudulent, inbreach of anyone’s intellectual property or other rights, or in breach ofconfidence or for any other illegal or immoral purpose. You will also not usethe Services to transmit any unsolicited marketing material (spam). We mayterminate Your access and right to use the Services if You breach Our fair usepolicy.
- We develop and provide the Servicesusing a commercially reasonable level of skill and We trust that the Serviceswill be of significant use and value to You, but other than as expressly setout in these Terms and as required by Applicable Law We make no specificrepresentations or warranties whatsoever concerning the Services or Your use ofthe Services, which are provided ‘as is’ and to the maximum extent permitted byApplicable Law We hereby exclude all implied representations andwarranties.
- To the maximum extent permitted by ApplicableLaw, Our total liability for any claims You may have under these Terms,including for any implied representations or warranties, is limited to theamount You paid Us to use the Services during the previous month. In no casewhatsoever shall We be liable for any cost, loss, damage or expense that is notreasonably foreseeable or expressly stated and in no event shall We be liablefor any loss of profits, special or consequential damages, even if We have beenadvised of the possibility of such.
- If You do not comply with these Termsbut We fail to take action immediately We are not giving up any rights that Wemay have to take action in the future. If any particular part of these Terms isnot enforceable, this will not affect any of the other terms.
OUR WEBSITE: The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by Applicable Law, we make no warranty regarding the information on Our website. You should monitor any changes to the information contained on Our website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of Our website or a linked website. You must take your own precautions to ensure that whatever you select for your use from Our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to Our website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep Our website updated. We are not liable to you or anyone else if errors occur in the information on Our website or if that information is not up-to-date.
For certain campaigns, promotions or contests, additional terms and conditions may apply. If You want to participate in such a campaign, promotion or contest, ou need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Unless otherwise indicated, We own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Our website and in all of the material (including all text, graphics, logos, audio and software) made available on Our website (‘Content’). Your use of Our website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to Our website or the Content. However we do grant you a licence to access the website and view the Content on these Terms and, where applicable, as expressly authorized by us and/or our third party licensors.
Any reproduction or redistribution of Our website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of Our website, the Content or any part of it is prohibited, except to the extent permitted by Applicable Law.
Our website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within or accessible via Our website. You may not use Our website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any Applicable Law, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using Our website to defame or libel Us, Our employees or other individuals;
- uploading files that contain viruses that may cause damage to Our property or the property of other individuals;
- posting or transmitting to Our website any non-authorized material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
We reserve the right to restrict, suspend or terminate without notice Your access to Our website, any Content, or any feature of Our website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
- We may collect the following types of personal information when You or any other 3rd party use the Services:
- Mailing/street address
- email address
- telephone number
- other contact details
- age/date of birth
- device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information
- details of the Services We have provided or that someone has enquired about, including any additional information necessary to deliver those Services and respond to any enquiries;
- any additional information provided to Us directly or indirectly through the Services, or through other websites or accounts from which we are able to collect information;
- information provided to Us through customer surveys; and/or
- any other personal information that may be required in order to facilitate dealings with Us using the Services.
- We only collect and hold personal information with consent, in limited situations which Applicable Law allows. We may collect these types of personal information either directly, or from external sources. We may collect this information when someone:
- registers to use the Services or uses the Services;
- communicates with Us through correspondence, chats, email, or when they share information with Us from other social applications, services or websites;
- interact with Our Services, websites, Content and advertising; and/or
- invests in Our business or enquires as to a potential purchase in Our business.
- In some cases We might collect personal information from external sources with express consent as part of the Services provided by Us.
- Notification: We will take reasonable steps to inform anyone from whom We have collected personal information, unless:
- it is not reasonable to do so;
- it is apparent from the circumstances that they are aware of the collection; and/or
- they would expect Us to have the information.
- Why do We collect, use and disclose personal information? We may collect, hold, use and disclose personal information for the
- to enable access and use of the Services, and any other products and services we may offer;
- to comply with Our legal obligations, resolve any disputes that We may have with any user of the Services, and enforce Our agreements with 3rd parties;
- to operate, protect, improve and optimize the Services, such as to perform analytics, conduct research and for advertising and marketing;
- to send service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested.
- Do We use personal information for direct marketing? We do NOT use any of the personal information provided to Us via the Services for any direct marketing or other such purpose. We may, however, send communications with regard to an update regarding the Service’s features, pricing or other relevant issues.
- any entity, including government agencies, regulatory bodies and law enforcement agencies, as required, authorized or permitted by Applicable Law or a court order;
- any person, entity or platform provider authorized by You or acting on Your behalf;
- Our employees, contractors and related bodies corporate;
- 3rd party suppliers and service providers (including providers for the operation of the Services, or in connection with providing any other products and services);
- professional advisers, dealers and agents; or
- anyone to whom Our assets or businesses (or any part of them) are transferred.
- Disclosure of personal information When You register to use Our Services You hereby provide Your express consent to the upload, storage, management and disclosure of Your personal information in the country or region You selected when You registered to use Our Services. We will not, without Your express consent, disclose Your personal information outside of that selected country or region. In the event that We obtain Your express consent to the disclosure of personal information outside the country or region You selected, We will take reasonable steps to ensure that any recipient outside that country or region will deal with such personal information in a way that is consistent with Applicable Law in the country or region You selected, but You hereby acknowledge and agree that We may not be able to ensure that such recipients handle that personal information in compliance with the Applicable Law of the country or region You selected.
- Security: We take reasonable steps to protect personal information from misuse, interference and loss, as well as unauthorized access, modification or disclosure and We use a number of physical, administrative, personnel and technical measures to protect personal information. However, We cannot guarantee the security of personal information. We have processes in place to identify, manage and remediate privacy and data breaches in accordance with Our obligations under Applicable Law, including the notifiable data breach regulations. We educate Our staff about Our obligations to protect personal information and impose contractual obligations of confidentiality and strict controls over their access to any personal data. We will co-operate with Our customers, agents, and partners to promptly notify them of any privacy and data breaches in cases where there is a likelihood of a real risk of serious harm given the circumstances of the breach.
- Accessing or correcting personal information: You can access the personal information We hold about You by contacting Us using the Contact Us or similar function on Our website. Your access to Your personal information is subject to some exceptions permitted by Applicable Law, including any situation in which We reasonably believe that:
- providing access would pose a serious threat to the life, health or safety of You or any other person;
- access would have an unreasonable impact on the privacy of any other person;
- the information is protected from disclosure by Applicable Law;
- release of the information would be prejudicial to Us in relation to a legal or administrative dispute or complaint; or
- the information is protected by confidentiality obligations or is Our intellectual property and disclosure would be contrary to Our legal or commercial interests.
- If We refuse to provide You with access to Your personal information We will, if reasonable to do so, provide You with a written explanation outlining the reasons for Our refusal. The explanation will also outline the steps available to You to complain about Our refusal. We may also need to verify Your identity when You request Your personal information. If You think that any personal information We hold about You is inaccurate, please contact Us and We will take reasonable steps to ensure that it is corrected.
- Making a complaint: If You think We have breached any Applicable Law regarding personal information, or You wish to make a complaint about the way We have handled personal information, You can contact Us via letter to the address below or via the Contact Us function on Our website. Please include Your name, email address and/or telephone number and clearly describe Your complaint. We will acknowledge Your complaint and respond to You regarding Your complaint within a reasonable period of time. If You think that We have failed to resolve the complaint satisfactorily, We will provide You with information about the further steps You can take. In the event that We are unable to resolve Your complaint to Your satisfaction, We will inform You as to how You can escalate the complaint to the appropriate external dispute resolution body. In cases of privacy related complaints in Australia, this is generally the OAIC. There is specific information about the OAIC complaints and investigation process on the OAIC website at http://www.oaic.gov.au/
- Your use of the Services is governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.
- If any part of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
- NOTHING IN THESE TERMS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES, AND OTHER LEGAL RIGHTS THAT ARE IMPLIED OR INCLUDED PURSUANT TO APPLICABLE LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY APPLICABLE LAWS ARE EXPRESSLY EXCLUDED WHERE PERMITTED.
Shelfie Pty Ltd
Level 2, 6 The Corso
Manly NSW 2095
EFFECTIVE: 11 November, 2019