Terms & Conditions

Terms & Conditions

Shopwalk Platform & App Terms & Conditions of Service

Welcome to Shopwalk, your new mobile street shopping companion.

Below are our detailed Terms of Service (“Terms” or “Agreement”) that you must read and accept before using the Shopwalk website (“Website”), the Shopwalk mobile application (“Application”) or any of Shopwalk’s services (the “Services”) (together, the Website, Application and Services are the “Shopwalk Platform”). If you decide to download the Application or continue using the Shopwalk Platform, you are bound by these Terms.

These Terms apply to users visiting or registering on or after January 1, 2017.

1. Overview

By accessing the Website or by using the Shopwalk Platform, you agree to the following Terms. The Agreement defines your rights and responsibilities as a user (“User”) of the Shopwalk Platform, which is operated by Spring Technologies, Ltd. or its affiliates (together, and with their parent corporations, other subsidiaries and affiliates, “Shopwalk,” “we,” or “us”). The Shopwalk Platform is operated in the Hashemite Kingdom of Jordan and access to the Websites is governed by this Agreement under the laws of the Hashemite Kingdom of Jordan. Registration as a User on the Website or Application results in your information being stored and processed in the Hashemite Kingdom of Jordan, and you specifically consent to Shopwalk’s storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or subscription.

In order to access certain features of the Shopwalk Platform, you have to create an account with us (“Account”). Even if you do not register with your real name, email address, etc., you must still create an Account in order to customize your Application experience and show you more relevant information. To create an Account, you must be a legal resident of any country who is at least 13 years of age and older at the time of registration, to participate in the Shopwalk Platform. If you are younger than 18 years of age, then you need to ensure your parents’ consent because whenever a minor uses the Shopwalk Platform, the parent or guardian of that minor will be held responsible for the minor’s actions. If you register, you will be asked to choose a password. You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current and complete.

These Terms, including all terms, conditions and policies incorporated herein by reference, together with any legal notices published on the Website or Application, shall constitute the entire agreement between you and Shopwalk concerning the Shopwalk Platform. If you don’t agree with any of these Terms, or if you have any objections to our Privacy Policy you must not use the Application, Website or Services.

2. Your Use of the Shopwalk Platform

The Shopwalk Platform contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (“Content”). The trademarks, service marks and logos contained in the Application and/or Website are owned by or licensed to Shopwalk. All Content is owned, licensed to and/or copyrighted by Shopwalk and may be used only in accordance with this Agreement. In addition, the Shopwalk Application includes descriptions and potential availability of products for purchase from third parties. Shopwalk cannot control these third parties and therefore quantity, selection, and price may vary by store location and online. All Content, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Shopwalk Platform. We attempt to ensure that all Content is complete and accurate but despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content is complete, accurate, reliable or error-free.

Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one (1) copy of the Application to your supported device, and access and use the Website and/or Services, solely for your own personal and non-commercial use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Application or the Services; (iv) make the functionality of the Website, Application or the Services available to multiple Users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Shopwalk Platform, except as expressly permitted in the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Shopwalk or its licensors.

If you accessed or downloaded the Application from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:

•These Terms are concluded between you and Shopwalk, and not with App Provider, and that, as between Shopwalk and the App Provider, we are solely responsible for the Application.

•App Provider has no obligation to furnish any maintenance and support services with respect to the Application.

•In the event of any failure of the Application to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the Application to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the Application.

•App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

•In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

•App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Application, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third party beneficiary thereof.

•You must also comply with all applicable third-party terms of service when using the Application.

By using the Services, you agree to comply with the following:

(i) You will not use the Shopwalk Platform to collect or store personal data about other users without their express permission;

(ii) You will not upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Shopwalk Platform, or interfere with the access of any user to the Shopwalk Platform;

(iii) You will not circumvent, disable or otherwise interfere with security related features of the Shopwalk Platform or features that prevent or restrict use or copying of any Content;

(iv) You will not use any meta tags or other hidden text or metadata utilizing a Shopwalk name, trademark, URL or product name;

(v) You will not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the Shopwalk Platform;

(vi) You will not attempt to or actually access the Services by any means other than through the Application or other Shopwalk-provided platforms;

(vii) You will not attempt to probe, scan or test the vulnerability of any Shopwalk system or network or breach or impair or circumvent any security or authentication measures protecting the Shopwalk Platform or the Application;

(viii) You will not attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any Application used to provide the Shopwalk Platform;

(ix) You will not use the Services or Application in any way that competes with Shopwalk; or attempt to or acquire Kicks, bonuses, other awards or any other type of awards other than in a manner consistent with the intended use of the Shopwalk Platform;

In addition, you agree to comply with the Rules contained in this document as well as all H.K.J. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

3. Your relationship with shopkeepers

The Shopwalk app enables it’s users to chat with local shops in their neighborhood or city they opt-in to chat with. We only share the nickname you registered with, with those shops and businesses. You real identity is thus hidden from us and them alike. Shopwalk also allows you to opt-out from any shop you wish to terminate chatting with them by un-liking their Shopwalk listing. We are not responsible for the content, language or images shared by these shops and thus bear no legal obligation in case of their abuse. You are encouraged to report any misuse or abuse by these shops to us so we block them from the platform.

4. Terms of Service

Spring Technologies Ltd. (“Shopwalk,” “our,” “we,” or “us”) provides messaging, and other services to users around the world. Please read our Terms of Service so you understand what’s up with your use of Shopwalk. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

Registration. You must register for our Services using any nickname of your choice and a valid email address. You agree to receive text messages with codes to register for our Services.

Address Book. You provide us the phone numbers of Shopwalk users and your other contacts in your mobile phone address book only if you want to invite them to use shopwalk. You confirm you are authorized to provide us such numbers to allow us to provide these Services.

Age. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Privacy policy and user data

Shopwalk cares about your privacy. Shopwalk’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Acceptable use of our services

Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Shopwalk, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Shopwalk or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure. You are responsible for keeping your device and your Shopwalk account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-party services

Our Services will allow you to access, use, or interact with third-party shops, service companies, apps, content, and other products and services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses

Your Rights. Shopwalk does not claim ownership of the information that you submit for your Shopwalk account or through our Services. You must have the necessary rights to such information that you submit for your Shopwalk account or through our Services and the right to grant the rights and licenses in our Terms.

Shopwalk’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines. You may use the trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines.

Your License to Shopwalk. In order to operate and provide our Services, you grant Shopwalk a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).

Shopwalk’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting third-party copyright, trademark, and other intellectual property infringement

We may terminate your Shopwalk account if you repeatedly infringe the intellectual property rights of others.

Disclaimers

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “Shopwalk PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Limitation of liability

THE Shopwalk PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE Shopwalk PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE Shopwalk PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Shopwalk Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

Dispute resolution

Forum and Venue. You agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the Hashemite Kingdom of Jordan, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

Governing Law. The laws of the Hashemite Kingdom of Jordan govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Shopwalk and you, without regard to conflict of law provisions.

Availability and termination of our services

Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Shopwalk: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for United States or Canada Users.”

Other

•Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Shopwalk and our Services, and supersede any prior agreements.

•We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

•Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

•You will comply with all applicable H.K.J. and non-H.K.J. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on H.K.J. or non-H.K.J. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any H.K.J. or H.K.J. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.

•Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

•Any amendment to or waiver of our Terms requires our express consent.

•We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

•All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

•You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

•Nothing in our Terms will prevent us from complying with the law.

•Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

•If we fail to enforce any of our Terms, it will not be considered a waiver.

•If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability” section below.

•We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

•We always appreciate your feedback or other suggestions about Shopwalk and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

5. Contact Us

If you have any questions or comments, or would like to discuss your subscription with our Customer Support staff, please contact us via the following information:

If you have any questions about the Terms, please contact us at tos@shopwalk.co.

Spring Technologies Ltd., #23 133 Arar Street, Amman, Jordan

We hope you will enjoy using Shopwalk.

Last updated as of: January 1, 2017

My Shop for Shopwalk Platform App Terms & Conditions of Service

Welcome to My Shop for Shopwalk, your new mobile customer service and engagement app.

Below are our detailed Terms of Service (“Terms” or “Agreement”) that you must read and accept before using the Shopwalk website (“Website”), the MyShop for Shopwalk mobile application (“Application”) or any of Shopwalk’s services (the “Services”) (together, the Website, Application and Services are the “Shopwalk Platform”). If you decide to download the Application or continue using the Shopwalk mobile application (“Application”) or any of Shopwalk’s services (the “Services”) (together, the Website, Application and Services are the “Shopwalk Platform”). If you decide to download the Application or continue using the Shopwalk Platform, you are bound by these Terms.

These Terms apply to users visiting or registering on or after January 1, 2017.

1. Overview

By accessing the Website or by using the Shopwalk Platform, you agree to the following Terms. The Agreement defines your rights and responsibilities as a user (“User”) of the Shopwalk Platform, which is operated by Spring Technologies, Ltd. or its affiliates (together, and with their parent corporations, other subsidiaries and affiliates, “Shopwalk,” “My Shop for Shopwalk,” “we,” or “us”). The Shopwalk Platform is operated in the Hashemite Kingdom of Jordan and access to the Websites is governed by this Agreement under the laws of the Hashemite Kingdom of Jordan. Registration as a User on the Website or Application results in your information being stored and processed in the Hashemite Kingdom of Jordan, and you specifically consent to Shopwalk’s storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or subscription.Shopwalk Platform, you agree to the following Terms. The Agreement defines your rights and responsibilities as a user (“User”) of the Shopwalk Platform, which is operated by Spring Technologies, Ltd. or its affiliates (together, and with their parent corporations, other subsidiaries and affiliates, “Shopwalk,” “My Shop for Shopwalk,” “we,” or “us”). The Shopwalk Platform is operated in the Hashemite Kingdom of Jordan and access to the Websites is governed by this Agreement under the laws of the Hashemite Kingdom of Jordan. Registration as a User on the Website or Application results in your information being stored and processed in the Hashemite Kingdom of Jordan, and you specifically consent to Shopwalk’s storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or subscription.Shopwalk Platform is operated in the Hashemite Kingdom of Jordan and access to the Websites is governed by this Agreement under the laws of the Hashemite Kingdom of Jordan. Registration as a User on the Website or Application results in your information being stored and processed in the Hashemite Kingdom of Jordan, and you specifically consent to Shopwalk’s storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or subscription.

In order to access features of the Shopwalk Platform, you have to create an account with us (“Account”).  You need to register with your real shop name, mobile phone number, etc., in order to to be part of the Shopwalk Platform. To create an Account, you must be a legal resident of any country who is at least 18 years of age and older at the time of registration, to participate in the Shopwalk Platform. You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current and complete.

These Terms, including all terms, conditions and policies incorporated herein by reference, together with any legal notices published on the Website or Application, shall constitute the entire agreement between you and Shopwalk concerning the Shopwalk Platform. If you don’t agree with any of these Terms, or if you have any objections to our Privacy Policy you must not use the Application, Website or Services.

2. Your Use of the Shopwalk Platform

The Shopwalk Platform contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (“Content”). The trademarks, service marks and logos contained in the Application and/or Website are owned by or licensed to Shopwalk. All Content is owned, licensed to and/or copyrighted by Shopwalk and may be used only in accordance with this Agreement. In addition, the Shopwalk Application includes descriptions and potential availability of products for purchase from third parties. Shopwalk cannot control these third parties and therefore quantity, selection, and price may vary by store location and online. All Content, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Shopwalk Platform. We attempt to ensure that all Content is complete and accurate but despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content is complete, accurate, reliable or error-free.

Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one (1) copy of the Application to your supported device, and access and use the Website and/or Services, solely for your own personal and non-commercial use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Application or the Services; (iv) make the functionality of the Website, Application or the Services available to multiple Users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Shopwalk Platform, except as expressly permitted in the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Shopwalk or its licensors.

If you accessed or downloaded the Application from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:

•These Terms are concluded between you and Shopwalk, and not with App Provider, and that, as between Shopwalk and the App Provider, we are solely responsible for the Application.

•App Provider has no obligation to furnish any maintenance and support services with respect to the Application.

•In the event of any failure of the Application to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the Application to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the Application.

•App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

•In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

•App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Application, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third party beneficiary thereof.

•You must also comply with all applicable third-party terms of service when using the Application.

By using the Services, you agree to comply with the following:

(i) You will not use the Shopwalk Platform to collect or store personal data about other users without their express permission;

(ii) You will not upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Shopwalk Platform, or interfere with the access of any user to the Shopwalk Platform;

(iii) You will not circumvent, disable or otherwise interfere with security related features of the Shopwalk Platform or features that prevent or restrict use or copying of any Content;

(iv) You will not use any meta tags or other hidden text or metadata utilizing a Shopwalk name, trademark, URL or product name;

(v) You will not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the Shopwalk Platform;

(vi) You will not attempt to or actually access the Services by any means other than through the Application or other Shopwalk-provided platforms;

(vii) You will not attempt to probe, scan or test the vulnerability of any Shopwalk system or network or breach or impair or circumvent any security or authentication measures protecting the Shopwalk Platform or the Application;

(viii) You will not attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any Application used to provide the Shopwalk Platform;

(ix) You will not use the Services or Application in any way that competes with Shopwalk; or attempt to or acquire Kicks, bonuses, other awards or any other type of awards other than in a manner consistent with the intended use of the Shopwalk Platform;

In addition, you agree to comply with the Rules contained in this document as well as all H.K.J. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

3. Your relationship with Shoppers

The My Shop for Shopwalk app is for use by users owning shops and businesses to enable them to chat with local their customers within their neighborhood or city. The app also allows you to list your shop within your city and neighborhood and add offers of products and services you want shoppers to make use of.

Shoppers opt-in to chat with you. We only share the nickname they registered with, with shops and businesses. Shopwalk also allows shoppers to to opt-out from any shop they wish to terminate chatting with them by un-liking their Shopwalk listing. You are responsible for the content, language or images shared with shoppers and thus bear all legal obligations in case of abuse. Shoppers are encouraged to report any misuse or abuse by shops to us so we block them from the platform.

4. Terms of Service

Spring Technologies Ltd. (“Shopwalk,” “My Shop for Shopwalk, “ “our,” “we,” or “us”) provides messaging, and other services to users around the world. Please read our Terms of Service so you understand what’s up with your use of Shopwalk. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

Registration. You must register for our Services using a valid mobile phone number. You agree to receive text messages with codes to register for our Services.

Address Book. You provide us the phone numbers of Shopwalk users and your customer contacts in your mobile phone address book only if you want to invite them to use Shopwalk. You confirm you are authorized to provide us such numbers to allow us to provide these Services.

Age. You must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval).

Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Privacy policy and user data

Shopwalk cares about your privacy. Shopwalk’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Acceptable use of our services

Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Shopwalk, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Shopwalk or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure. You are responsible for keeping your device and your Shopwalk account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-party services

Our Services will allow you to access, use, or interact with third-party shops, service companies, apps, content, and other products and services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses

Your Rights. Shopwalk does not claim ownership of the information that you submit for your Shopwalk account or through our Services. You must have the necessary rights to such information that you submit for your Shopwalk account or through our Services and the right to grant the rights and licenses in our Terms.

Shopwalk’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines. You may use the trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines.

Your License to Shopwalk. In order to operate and provide our Services, you grant Shopwalk a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).

Shopwalk’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting third-party copyright, trademark, and other intellectual property infringement

We may terminate your Shopwalk account if you repeatedly infringe the intellectual property rights of others.

Disclaimers

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “Shopwalk PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Limitation of liability

THE Shopwalk PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE Shopwalk PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE Shopwalk PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Shopwalk Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

Dispute resolution

Forum and Venue. You agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the Hashemite Kingdom of Jordan, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

Governing Law. The laws of the Hashemite Kingdom of Jordan govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Shopwalk and you, without regard to conflict of law provisions.

Availability and termination of our services

Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Shopwalk: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for United States or Canada Users.”

Other

•Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Shopwalk and our Services, and supersede any prior agreements.

•We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

•Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

•You will comply with all applicable H.K.J. and non-H.K.J. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on H.K.J. or non-H.K.J. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any H.K.J. or H.K.J. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.

•Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

•Any amendment to or waiver of our Terms requires our express consent.

•We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

•All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

•You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

•Nothing in our Terms will prevent us from complying with the law.

•Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

•If we fail to enforce any of our Terms, it will not be considered a waiver.

•If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

•We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

•We always appreciate your feedback or other suggestions about Shopwalk and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

5. Contact Us

If you have any questions or comments, or would like to discuss your subscription with our Customer Support staff, please contact us via the following information:

If you have any questions about the Terms, please contact us at tos@shopwalk.co.

Spring Technologies Ltd. , #23 133 Arar Street, Amman, Jordan

We hope you will enjoy using Shopwalk.

Last updated as of: January 1, 2017