These Terms of Service describe our commitments to you, and your rights and responsibilities when using our service. Please read them carefully and reach out to us if you have any questions.
These Terms govern your access to and use of sheltermanager.com (the "Service").
Please read the Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use the Service.
These terms are effective from 1st May, 2020.
1. Who's Who
Throughout these Terms, "you" applies to both individuals and entities that access or use the Service. If you are an individual using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using the Service, you are accepting the Agreement on behalf of that entity.
2. Your Account
You will be solely responsible and liable for any activity that occurs under your account and in your database. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with the Service. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorised uses of your account or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Minimum Age Requirements
The Service is not directed to children. Access to and use of the Service is only for those over the age of 18. If you are younger than this, you may not register for or use the Service. Any person who registers as a user or provides their personal information to the Service represents that they are 18 years of age or older.
4. Responsibility of Visitors and Users
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video or other materials) posted to the Service by users or anyone else ("Content") and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights or other proprietary rights of third parties.
- If you post Content or otherwise make (or allow any third party to make) Content available on the Service, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone's use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
We also have not reviewed, and cannot review, all of the material made available through the web pages that link to, or are linked from, sheltermanager.com, For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from the Service does not represent or imply that we endorse the website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from non-Sheltermanager websites.
5. Fees, Payment, and Renewal
Fees. Our Service is offered for a fee. You agree to pay the specified fee. There will be recurring subscription fees charged at regular intervals (quarterly, biannually or annually) on a pre-pay basis until you cancel, which you can do at any time by contacting our support team or by allowing the account to lapse through non-payment.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). You are responsible for payment of all applicable Taxes relating to your use of the Service, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you've paid or will pay, we will collect payment for such Taxes.
Payment. If your payment fails or if the Service is otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Service. If you contact your bank or credit card company to decline or reverse the charge of fees for the Service, we will revoke your access to the Service.
Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Service.
Refunds. While you may cancel the Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
6. General Representation and Warranty
You represent and warrant that your use of the Service:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not use the Service for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden Sheltermanger Ltd systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
7. Specific Service Terms
a. Ecommerce Services
Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes, in furtherance of illegal activities, or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance.
We are not involved in these relationships, but may facilitate transactions or communication.
Tax Calculations. You are responsible for payment of all applicable Taxes relating to your activities and your use of Ecommerce Services such as Stripe or PayPal integration. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. While our goal is to keep our documents and tools up-to-date, tax laws change rapidly, and we do not guarantee that tax calculations you receive through or in connection with the Service are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.
Your Responsibilities. You may only use Ecommerce Services for legitimate transactions with your customers. You are solely responsible for all of your ecommerce activities, including all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:
- We are not involved in your relationships or transactions with any customer or potential customer.
- You must accurately communicate transactions, set expectations appropriately, and fulfill all promises, representations, or warranties you’ve made.
- You are responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and any other ancillary services you provide to your customers.
- You are responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. You must provide contact information so that customers may contact you with questions or complaints.
- If you have transactions with individuals (i.e. consumers), you specifically agree to provide consumers disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices.
- You are financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Services.
We are constantly updating the Service and that means sometimes we have to change the legal terms under which the Service is offered. These Terms may only be modified by Sheltermanager Ltd posting a revised version. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Service within the designated notice period, or once the changes become effective. Your continued use of the Service will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any Sheltermanager Ltd policy or is in any way harmful or objectionable, (ii) ask you to make some adjustments, restrict the resources your account uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and burdens our systems (which is rare), or (iii) terminate or deny access to and use of the Service to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your sheltermanager.com account, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Disclaimer of Warranties
Our Service is provided "as is." Sheltermanager Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sheltermanager Ltd, nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted.
11. Limitation of Liability
In no event will Sheltermanager Ltd, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceeds the fees paid by you to Sheltermanager Ltd under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Sheltermanager Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Sheltermanager Ltd, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including legal fees, arising out of or related to your use of the Service, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Service, Content that you post, and any ecommerce activities conducted through your website.
13. Data Processing Agreement
If you need a Data Processing Agreement with us for the GDPR requirements that apply to us as a data processor for your account, you can download a copy of our customer GDPR agreement.
The Agreement constitutes the entire agreement between Sheltermanager Ltd and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Sheltermanager Ltd may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.