Terms of Use


Introduction

These terms and conditions govern your use of this website/mobile apps and our products and services made available through your use of the website/mobile apps; by using this website/mobile apps, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website/mobile apps or our products and services.

You must be at least 16 years of age to use this website/mobile apps. By using this website/mobile apps and by agreeing to these terms and conditions you warrant and represent that you are at least 16 years of age and have authority to use the credit card that is provided.

This website/mobile apps uses cookies. By using this website/mobile apps, you consent to our use of cookies in accordance with the terms of Sharpp Collection's privacy policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. Monthly Subscriptions:

By subscribing to our monthly subscription, you authorize us to charge your credit card an initial payment at the time of signing up, and a monthly recurring payment which will take place on the next billing day of your billing cycle. IT IS IMPORTANT TO NOTE THAT WHEN YOU SIGN UP FOR A MONTHLY SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT. YOU MAY CANCEL AT ANY TIME BY FOLLOWING THE INSTRUCTIONS BELOW OR ON OUR WEBSITE/MOBILE APPS, AND THE CANCELLATION WILL TAKE EFFECT AT THE EXPIRATION OF THE THEN-CURRENT TERM.

You may cancel your subscription at any time through your billing portal link provided when you subscribed, by contacting us through our support desk, or by email at team@sharpp.us

Billing days happen between the 1st and the 10th of each month. If your initial subscription date falls within the 11th and the end of the month, your recurring billing date will be changed to one of our standard billing days between the 1st and the 10th of the month. You are responsible for any recurring charges that take place prior to cancellation. Sharpp Collection reserves the right to move your next billing day at any time without any further authorization from you.

We may modify the fees at any time by posting such modification on our website/mobile apps, and any such modification shall go into effect thirty (30) days after it is so posted.

License to use website/mobile apps

Unless otherwise stated, Sharpp Collection and/or its licensors own the intellectual property rights in the website/mobile apps and material on the website/mobile apps. Subject to the license below, all these intellectual property rights are reserved.

You may view / download for caching purposes only, and print pages from the website/mobile apps for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website/mobile apps (including republication on another website/mobile apps);
  • sell, rent or sub-license material from the website/mobile apps
  • show any material from the website/mobile apps in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website/mobile apps for a commercial purpose;
  • edit or otherwise modify any material on the website/mobile apps;
  • redistribute material from this website/mobile apps [except for content specifically and expressly made available for redistribution

Acceptable use

You must not use this website/mobile apps in any way that causes, or may cause, damage to the website/mobile apps or impairment of the availability or accessibility of the website/mobile apps; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website/mobile apps to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website/mobile apps without Sharpp Collection's express written consent.

You must not use this website/mobile apps for any purposes related to marketing without Sharpp Collection's express written consent.

Restricted access

Access to certain areas of this website/mobile apps is restricted. Sharpp Collection reserves the right to restrict access to areas of this website/mobile apps, or indeed this entire website/mobile apps, at Sharpp Collection's discretion.

If Sharpp Collection provides you with a user ID and password to enable you to access restricted areas of this website/mobile apps or other content or services, you must ensure that the user ID and password are kept confidential.

Sharpp Collection may disable your user ID and password in Sharpp Collection's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website/mobile apps, for whatever purpose.

You grant to Sharpp Collection a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Sharpp Collection the right to sub-license these rights, and the right to bring an action for infringement of these rights.

By using the hashtag #Sharpp Collection or tagging our handle @Sharpp Collection, you grant us the right to reuse this photo at our discretion.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Sharpp Collection or a third party (in each case under any applicable law).

You must not submit any user content to the website/mobile apps that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Sharpp Collection reserves the right to edit or remove any material submitted to this website/mobile apps, or stored on Sharpp Collection's servers, or hosted or published upon this website/mobile apps.

Notwithstanding Sharpp Collection'a rights under these terms and conditions in relation to user content, Sharpp Collection does not undertake to monitor the submission of such content to, or the publication of such content on, this website/mobile apps.

No warranties

This website/mobile apps and our products and services are provided “as is” without any representations or warranties, express or implied.

Sharpp Collection makes no representations or warranties in relation to this website/mobile apps, the information and materials provided on this website/mobile apps, or our products and services. Without prejudice to the generality of the foregoing paragraph,

Sharpp Collection does not warrant that:

  • This website/mobile apps will be constantly available, or available at all; or
  • The information on this website/mobile apps is complete, true, accurate or non-misleading.

Nothing on this website/mobile apps constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

To the maximum extent permitted by law, Sharpp Collection will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website/mobile apps or our products or services:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Sharpp Collection has been expressly advised of the potential loss.

Reasonableness

By using this website/mobile apps, you agree that the exclusions and limitations of liability set out in this website/mobile apps disclaimer are reasonable. If you do not think they are reasonable, you must not use this website/mobile apps.

Other parties

You accept that, as a limited liability entity, Sharpp Collection has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Sharpp Collection officers or employees in respect of any losses you suffer in connection with the website/mobile apps

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website/mobile apps disclaimer will protect Sharpp Collection's founders, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Sharpp Collection. Unenforceable provisions

If any provision of this website/mobile apps disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website/mobile apps disclaimer.

Indemnity

You hereby indemnify Sharpp Collection and undertake to keep Sharpp Collection indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Sharpp Collection to a third party in settlement of a claim or dispute on the advice of Sharpp Collection's legal advisers) incurred or suffered by Sharpp Collection arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Sharpp Collection's other rights under these terms and conditions, if you breach these terms and conditions in any way, Sharpp Collection may take such action as Sharpp Collection deems appropriate to deal with the breach, including suspending your access to the website/mobile apps, prohibiting you from accessing the website/mobile apps, blocking computers using your IP address from accessing the website/mobile apps, contacting your internet service provider to request that they block your access to the website/mobile apps and/or bringing court proceedings against you.

Variation

Sharpp Collection may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website/mobile apps from the date of the publication of the revised terms and conditions on this website/mobile apps. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Sharpp Collection may transfer, sub-contract or otherwise deal with Sharpp Collection's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Sharpp Collection in relation to your use of this website/mobile apps, and supersede all previous agreements in respect of your use of this website/mobile apps.

Controlling Law

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

Binding Arbitration

In the event of a dispute arising under or relating to these terms of service, our website/mobile apps, or any products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website/mobile apps www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States County where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this agreement will prevent Sharpp Collection from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Sharpp Collection’s proprietary interests.

Information that Sharpp Collection collects may be stored and processed in and transferred between any of the countries in which Sharpp Collection operates to enable the use of the information in accordance with this privacy policy. In addition, personal information that you submit for publication on the website/mobile apps will be published on the internet and may be available around the world. You agree to such cross-border transfers of personal information.

Sharpp Collection may update this privacy policy by posting a new version on this website/mobile apps. You should check this page occasionally to ensure you are familiar with any changes.

This website/mobile apps contains links to other website/mobile appss. Sharpp Collection is not responsible for the privacy policies or practices of any third party.

If you have any questions regarding this privacy policy or Sharpp Collection's treatment of your personal information, please contact us via our Contact Us page on this website/mobile apps.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Registrations and authorizations

Sharpp Collection holds all registrations and authorizations applicable and can obtain any registrations deemed necessary at any time.

PRIVACY

YOUR PRIVACY IS IMPORTANT TO SHARPP COLLECTION.

This privacy statement provides information about the personal information that Sharpp Collection collects, and the ways in which Sharpp Collection uses that personal information. Personal information collection

Sharpp Collection may collect and use the following kinds of personal information:

  • Information about your use of this website/mobile apps (including all activity that directed you to and from Sharpp Collection.com and all activities performed while on said site)
  • Information that you provide using for the purpose of registering with the website/mobile apps
  • About transactions carried out over this website/mobile apps
  • Information that you provide for the purpose of subscribing to the website/mobile apps services.
USING PERSONAL INFORMATION

Sharpp Collection may use your personal information to:

  • administer this website/mobile apps;
  • personalize the website/mobile apps for you;
  • enable your access to and use of the website/mobile apps services;
  • publish information about you on the website/mobile apps;
  • send to you products that you purchase;
  • supply to you services that you purchase;
  • send to you statements and invoices;
  • collect payments from you; and
  • send you marketing communications.

Where Sharpp Collection discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Sharpp Collection may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

SECURING YOUR DATA

Sharpp Collection will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.

Sharpp Collection will store all the personal information you provide (on Chargify’s, Shopify’s and/or Stripe’s secure servers or the like).

Information relating to electronic transactions entered into via this website/mobile apps will be protected by encryption technology.

Sharpp Collection, LLC