SHPING APP TERMS OF USE AGREEMENT
User Terms and Conditions of Use
1. General
Welcome to the Shping App. You are reading these Terms and Conditions of Use (Terms) because you are accessing or using the Shping App (the App), which is operated by Authenticateit Pty Ltd (ACN 155 162 253) trading as Shping (Shping or us). To continue accessing or using the App, you agree to be bound to these Terms. If you do not agree to these Terms, do not access or use the App. From time to time we may update these Terms and/or provide you with supplemental terms via the App or by email. Such supplemental terms will also form part of these Terms from time to time.
2. Privacy Policy and personal data
The App cannot be provided to you, and the services described in these Terms cannot be performed, without Shping collecting, storing and processing data about you, including your personal data and location data. The App is made available to you subject to you consenting to our collection and use of your personal information and other data. When you use the App, we collect certain personal information about you, as well as information about your device, your interaction with the App, and other information necessary to facilitate your use of the App. The personal information we collect through the App may include your name, date of birth, address, email address, phone number, your location and user history, your device (including its version, specifications and operating system), your IP address, time zone, your financial details (including banking and integrated digital wallet details), and applicable government identification. The App will collect this information while open on your device and may collect location-specific information while it is open in the background of your device. With the exception of third party apps whose data is integrated into the App, the App will not collect information regarding your activity in other apps on your device. Please refer to the terms and conditions of service relevant to such third party apps. We will use your personal information to provide the App and its content to you.
We may also:
(a) use your personal information for marketing purposes (including, but not limited to, sharing your personal information with third party user brands, and providing you product recommendations, information and offers) if you consent to such use; and
(b) display your name and location on the App with respect to any content you share to the App, if you consent to such use. These requirements in relation to privacy are supplementary to Shping’s Privacy Policy (Privacy Policy), which is incorporated by reference into these Terms. In particular, your personal information will be treated in accordance with the Privacy Policy’s provisions relating to the sharing of your personal information, the use of your personal information, our lawful bases for using and retaining your personal information, and your rights under privacy and data laws.
3. Account information
You are only eligible to use the App if you are 18 years of age. To use the App, you will be required to create an account, and provide an email address, create a password and disclose other personal information such as your name and primary phone number. In creating an account and registering your details, you agree to:
(a) provide true, accurate, current and complete information about yourself (User Data);
(b) to keep your registration personal – you must only register one account, and you should not register an account on behalf of someone else, or transfer your account to any other person;
(c) to maintain and properly update your User Data; and
(d) keep your account and User Data secure. You are solely responsible for maintaining the confidentiality and security of the password associated with your account while using the App. Shping, to the maximum extent permitted by law, takes no responsibility for any loss or activity that results from unauthorised use of your account. You must inform Shping immediately of any unauthorised use of your account.
4. Services Shping agrees to provide the App to you for use on a mobile device in accordance with these Terms. The App enables you to receive rewards, in the form of Shping Coins, in exchange for participation in certain activities, as outlined in the App (Services). Shping may advertise promotions from time to time, the terms of which will be outlined in the App. Shping reserves the right to alter, modify or discontinue any or all Services at any time and without notification as it sees fit. Any requirements in relation to Services are supplementary to Shping’s Fair Usage Policy (Fair Usage Policy), which is incorporated by reference into these Terms.
5. Verification Requirements
To use the Services, you must satisfy our verification requirements. You must provide us with any information that we request so that we can verify your identity and detect any money laundering, terrorist financing, fraud or other financial crimes in accordance with applicable laws. Information may include certain personal information, including, but not limited to, your name, address, phone number, email address, date of birth, taxpayer or other government identification, and bank account information. We may request that you provide further information or meet further requirements as required under law, or that may be reasonably necessary to protect our interests.
You authorise Shping to:
(a) collect, access, process and retain any information you provide for the purposes of the verification requirements;
(b) make any inquires that we consider to be necessary to verify your identity and to protect against fraud or other financial crimes. These inquiries may be made either directly or through third parties; and
(c) disclose any personal information that may be necessary as a result of those inquiries. Information given to fulfil verification requirements must be accurate and authentic and you must immediately inform us if any of the information you provide changes.
6. Wallets
Shping will provide each account holder a digital wallet, which is owned and controlled by Shping (Wallet). Shping will transfer Shping Coins you earn from the Services into your Wallet. You may, in accordance with the terms outlined in the App, request to withdraw Shping Coins from your Wallet (Withdrawal Request). You must not exceed the monthly withdrawal limits specified in the Fair Usage Policy. You authorise Shping to liquidate Shping Coins to Fiat (i.e. Australian Dollars) or transfer Shping Coins to a supported digital wallet (as applicable) to satisfy your Withdrawal Request (Withdrawal). You acknowledge and understand that Shping will choose the exchange at which the Shping Coins will be converted at its discretion. Withdrawals are subject to applicable fees, as outlined in the App. Shping will pay the Withdrawal, less any applicable fees, into a bank account or digital wallet (as applicable) nominated by you. Shping reserves the right to pay out any Withdrawals as it sees fit.
7. Uploading receipt
To access certain of the Services, you will be required to upload receipts from purchases made. All receipts uploaded to the App must be:
(a) clear and legible;
(b) untampered with and in original condition;
(c) in full and not partial receipts;
(d) uploaded not more than seven days following the date of purchase as displayed on the receipt;
(e) original and not having been uploaded to the App previously by the user or any other used; and
(f) uploaded only by the original purchaser.
Failure to observe these criteria may result in your account being suspended or terminated at Shping’s discretion. Failure to observe these criteria may also result in rewards not being paid to you or only being partially paid.
8. User Content
8.1 Sharing and ownership of user Content Some activities of the App requires users to post, submit, publish, display, upload, message, supply, transmit, or otherwise make available information to other users or persons (Content). Shping reserves the right to moderate Content but is not responsible for any Content posted to the App. You own the Content you make available in connection with the App. When you post Content to the App, you grant Shping a worldwide, exclusive, perpetual, royalty-free licence to use the Content, including any of the concepts or ideas contained in the Content, for any purpose, including commercial use without any compensation to you. Shping may, in its sole discretion, remove any Content at any time. This licence ends when you delete your Content, but will continue on the same terms if you delete your account (subject to your rights to have your account deleted). By sharing Content via the App, you warrant that you are solely responsible for the transmission, accuracy, completeness and publication of that Content, and that you will not infringe or violate the rights of any third party. Shping’s rights in relation to collecting your data and personal information are separately outlined above and in our Privacy Policy.
8.2 Other users and third parties Content (including product and other information) is based on information provided by, or sourced from, other users and third parties. As a result, Shping has no control over the accuracy, quality, legality or safety of Content provided by, or sourced from, other users and third parties using the App. Shping has no responsibility to confirm the identity of users or third parties, nor confirm or verify the Content being provided through the App.
8.3 Shping Content Standards
Shping is excited for you to contribute to the App. In doing so, we expect you to honour and respect our Content standards. Any Content you share to the App must be:
(a) genuine and informative; and
(b) in connection with a product that you have actually used.
You may not share Content in connection with the App that:
(a) is offensive, objectionable, supports or praises terrorism, organised crime or hate groups;
(b) contains threats or hate speech, harasses or allows harassment of other users;
(c) attempts to disrupt, degrade, impair or violate the integrity of the App, or that exposes Shping or any other users to any type of harm;
(d) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or rewards of other users or third parties; or
(e) contains software viruses, programs or other computer code that may disrupt the provision of the App.
The App is a public place. Do not post Content containing personal information to the App, including (without limitation), any phone numbers, street addresses or email addresses. Shping has a right (but not an obligation) at our sole discretion, to review and remove any Content at any time for any reason.
9. Supplemental terms
Supplemental terms may apply to certain features of the App such as policies for a particular event, activity or promotion, or a particular category of Services. Supplemental terms will be provided to you in connection with the applicable Services. Any supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Activities we undertake with third parties may require you to agree to terms and conditions required by those third parties.
10. Suspension and Termination
10.1 Breach of Terms By using the App and the Services, you agree that you will not:
(a) breach any of the terms set out in these Terms;
(b) take any action contrary to Shping’s provision of the App and the Services;
(c) do any thing to damage Shping, the App or the Services;
(d) provide any information to Shping (including personal information and information on account creation) that is not accurate;
(e) scan barcodes by any means other than from the physical product located in a retail store;
(f) scan or interact with products or barcodes other than in good faith for the purpose of purchase or receiving further information about the product through the App;
(g) create or use any more than one account on the App;
(h) breach the Fair Usage Policy;
(i) use the App on any device other than a supported mobile device; and
(j) do any other thing that is contrary to the intended use of the App and Services.
10.2 Action we may take where you breach these terms.
Where you breach these Terms, Shping reserves the right to:
(a) request evidence of proof of participation in activities for which you received a reward;
(b) request proof of identity;
(c) request evidence or proof of purchase in order to verify that you have purchased any product(s) that you have reviewed;
(d) reverse, clawback, confiscate or demand return of any Shping Coins earned and or accumulated by you or standing to your benefit;
(e) suspend or terminate your use of the app; and/or
(f) take such other action as Shping considers appropriate in the circumstances.
In the event that your use of the app is permanently banned or terminated, Shping may claw back any available Shping Coins in your Wallet.
10.3 Unauthorised use by third parties In the event that you notify Shping of any unauthorised use of your account, or Shping suspects any unauthorised use (Shping is under no obligation to detect such use), Shping may take such other action as Shping considers appropriate in the circumstances, including suspending or terminating your account and/or use of the app.
10.4 Law Shping may suspend or terminate your account and/or use of the app where:
(a) we suspect money laundering, terrorist financing, fraud or any other financial crime; or
(b) in our reasonable opinion, we are required to do so by applicable law or other governmental authority.
11. Intellectual property
The App is owned and operated by Shping and all content, except for your Content and other User or third party Content (as discussed above), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features, patents, copyrighted or copyrightable material, trade marks, and other intellectual property (collectively Shping Content) is owned by, or licenced to, Shping. Except as expressly permitted by applicable law or authorised by Shping, you agree not to appropriate, licence, modify, rent, lease, loan, sell, distribute or create derivate works based on the App, the App’s software, or any Shping Content offered as part of the App in whole or in part. Shping grants you a personal, revocable, non-transferable, non-sublicenseable and non-exclusive right and licence to access and use the App, provided you do not, and do not allow any third party to, copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in any aspect of the App, except where permitted by law. This right and licence is also conditional on your adherence to these Terms.
12. Commercial Electronic Messaging
By creating an Account, you agree that Shping or its affiliates may send you commercial electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of the App or the Services. You agree that Shping and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the App and the Services. You cannot unsubscribe from certain messages regarding payments to you and your account balance.
13. Account deletion
You may delete your account at any time, which will automatically remove your right to access the App and the Services. Deleting your account will forfeit any right you have to withdraw any tokens, fiat or access any other benefit from the App. On deleting your account, we will delete all of your personal information, but will keep other information you have provided to us (for example, Content, data on App usage and product information) to the extent it does not include personal information.
14. Taxes
You are solely responsible for determining whether taxes arise as a result of the Services and paying any applicable taxes as required by law. You should consult tax advisors and otherwise conduct your own due diligence before making any decisions with respect to the Services. You understand and acknowledge that Shping does not provide any tax, legal or investment advice with respect to the Services. You also understand and acknowledge that Shping will withhold, report, or do any such other act as required by applicable law, with respect to taxes that may arise as a result of the Services. Shping may from time to time require you to provide tax or other documentation as required by applicable law. Failure to provide the relevant documentation within a reasonable time may result in the suspension or termination of your account in accordance with these Terms.
15. Disclaimer
Use of the App is at your own risk. Everything on the App and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Shping make any express or implied representation or warranty about any content on the App. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the presence of any viruses, malware or other harmful material on the App;
(c) the accuracy, suitability or currency of any information on the App (including User Content and third party material on the App);
(d) errors, inaccuracies or omissions in the listing of information (including information relating to rewards, payments and pricing) on the App;
(e) the value of Shping Coins or the ability to withdraw, sell or otherwise trade Shping coins; and
(f) the suspension or termination of your account in accordance with these Terms.
You expressly agree that Shping is not providing health or other advice via the App. All content provided through the App, including all text, photographs, images, illustrations, graphics, audio, video and other materials whether provided by Shping, other users or third parties should not be used in place of information contained on or in any product packaging or labels.
16. Indemnity
To the extent permitted by any applicable law, you indemnify and hold Shping harmless on demand from and against any claim, damage, loss, charge, cost, expense, outgoing or payment which Shping pays, suffers, incurs or is liable for in respect of your Content, or in connection with your breach of these Terms. Your rights with respect to Shping are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of the App, do not permit it.
17. Governing
law These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of that state. 18. Contact Providing a good customer experience is important to us. If you have questions, or if you would like to make a complaint, please contact us by e-mail at info@shping.com or by mail using the details provided below: Address: Authenticate Pty Ltd trading as Shping, 617 / 434 St Kilda Road, Melbourne VIC 3004, Australia Email: info@shping.com. If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority.