Last Updated: 7th September 2022

1.1 These Terms of Service ("Terms") govern your access to and use of Weshop Website (our electronic platform at www.we.shop), apps, APIs and widgets (the “Service”). Please read these Terms carefully before you access or use the Services, and contact us if you have any questions. By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and such other policies as we may adopt from time to time.
1.2 The Weshop Website is provided by WeShop Holdings Limited, a company registered in the British Virgin Islands under number 2046056 and whose registered address is Mandar House, 3rd Floor, Johnsons Ghut, Tortola, British Virgin Islands (“we”, “us”, “Company” or “WeShop”).
1.3 If you register with us, you will be an “Account Owner” in accordance with these Terms. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
1.4 Please note that these Terms may change from time to time. You agree that we may update any aspect of the Services or add additional Services, and these Terms will apply to any updates.. Please pay particular attention to the Code of Conduct set out in clause 6 of these Terms and to the indemnity set out in clause 11 of these Terms.

The service we offer and how it works
2.1 The service we provide (“Service”) allows you, as an Account Owner, to a Profile (“Profile”) by using the WeShop Website.
2.2 You are only permitted to have one Profile with us and we reserve the right to delete multiple profiles where they are in, our opinion, all connected with one individual. The Service is free of charge (unless you choose to subscribe for additional premium user services that we may offer from time to time).
2.3 Through the Service, you will be able to:
(a) create your Profile and to feature in it, and generate sales of, products and services offered by third-party retailers (“Retailers”).
(b) personalise your Profile (for example, adding your own content about the Retailers’ products and services that you feature).
(c) access your Profile via your Profile page on the WeShop website.
2.4 As an Account Owner, you do not purchase and sell your own products and services. You simply provide links to Retailers’ websites through which visitors to your Profile (“Profile Visitors”) can access and purchase the Retailers’ products and services which feature in your Profile. You do not enter into legal relations with your Profile Visitors, nor are you an agent of any Retailer whose products and services you feature in your Profile. Purchases generated via your Profile are made directly by Profile Visitors from Retailers and any contractual or other relationship is between those parties.
2.5 You will find further information about the Service and the additional features available to you on the WeShop website.
2.6 In providing our Service, we do not recommend, endorse or sell any of the products and services you feature in your Profile (or which are featured in any other Profile). We do not take responsibility or accept any liability for the content you place, or allow to be placed, in your Profile, which is always your responsibility (nor are we responsible to you for other Account Owner’s content). We do not endorse any of the content in your Profile, nor the products and services of Retailers that you feature in your Profile. We only take responsibility for providing the Service to you. We draw your attention to the Code of Conduct set out in clause 5 of these Terms and to the indemnity set out in clause 10 of these Terms.
2.7 For as long as you are an Account Owner, you will conform to and comply with the Service’s format, style, design and layout requirements (as we may amend them from time to time).
2.8 You agree that we may feature and/or refer to you and your Profile for promotional purposes including, but not limited to, as the subject of a WeShop success story, or such similar promotion or feature.

As part of our Terms, you also give us permissions that we need to provide the Service.
You give us permission to, without compensation to you to:
• use your username, profile picture, and information about your relationships and actions with accounts; and
• install updates to the Service.

4.1 You must be resident in the UK and at least 18 years old to register with us as an Account Owner and to create and use your Profile. Your device must also be located in the UK when redirecting to retailer links in order to earn Shares (see 9.8 for more information). If you are below the age of 18 years old, you are not permitted to use the Service.
4.2 When you register with us as an Account Owner you must provide us with accurate and up-to-date information about yourself, including your correct name, email address and age; as well as other requested information. You must keep all this information up-to-date through your “Profile” page. As we will communicate with you via email, it is very important that you let us know if your email address changes. We will keep your information confidential and will only use it as set out in our Privacy Policy.
4.3 You warrant to us that the information you provide when you register with us, and which you subsequently provide to us is true, accurate and not misleading.

5.1 Our Privacy Policy contains important information about what we do with the personal information you provide when you register as an Account Owner and thereafter, as well as information derived from the activity generated by and through your Profile.
5.2 Our Privacy Policy forms part of these Terms. By registering as an Account Owner, you confirm that you have read and agree to our Privacy Policy.

You undertake to us that you will abide by the following Code of Conduct:
6.1 You agree that all information, data, your username and other personal information, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") appearing in your Profile, whether publicly posted or privately transmitted, is controlled by you and is your responsibility. You agree that you, and not the Company, are entirely responsible for all content that appears in your Profile and that you, and not the Company, are responsible for checking and verifying the accuracy, completeness and appropriateness of the content appearing in your Profile. In particular, you are responsible for ensuring that the content appearing in your Profile complies with this Code of Conduct.
6.2 You will abide by the “Dos and Don’ts” published by the Company on the WeShop website and which may be updated from time to time. The Dos and Don’ts reflect the principles and ethos upon which the WeShop is founded. In particular, it is a founding principle of the WeShop that every Account Owner acts in a way that is respectful and considerate towards other Account Owners, Profile Visitors, Retailers and others.
6.3 You will not purchase or bid for goods or services on terms related to WeShop or Retailers on our platform (including, but not limited to, abbreviations, misspellings, stringing of the name WeShop or our Retailers’ names), or any other trade or service marks of WeShop or our Retailers ("Marks") in any domain name or within any third-party search engine or shopping portal including, but not limited to, Google, Yahoo, AOL, MSN, Ask, or otherwise. Additionally, you will not pay third parties for placement in search engines or shopping portals on the basis of your use of the Marks. You agree not to engage in any paid advertising that utilises any keyword or search term that contains any of the Marks or for the purpose of directing visitors to the WeShop website or otherwise without our prior written consent.
6.4 In connection with your Profile (and the Profile of any other Account Owner), you will not:
(a) upload, post, publish, distribute, disseminate or otherwise transmit or use (together “post”) any content that is: unlawful, defamatory, discriminatory, offensive, abusive, obscene, immoral, indecent, menacing, invasive of another's privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
(b) post any content that you do not have a right to make public or disclose under any law or under contractual or fiduciary relationships (such as inside information and confidential information belonging to someone else);
(c) post any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any person, or rights of publicity or privacy of any person, unless you are the owner of such rights or are licensed by the owner to post such material;
(d) post any content that contravenes any applicable law or regulation (including, but not limited to, laws regulating data protection, consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark and privacy);
(e) carry out any activity which is regulated by law and which is required to be licensed, authorised, or approved by any statutory or official body (this includes activity regulated by the UK Financial Conduct Authority);
(f) carry out any activity which is illegal;
(g) post any review, feedback or commentary on any products or services of a Retailer that is not fair and reasonable;
(h) post any content that is pornographic or of a sexually obscene nature;
(i) post any content which is harmful to children;
(j) post any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or servers or telecommunications equipment (including that belonging to or used by us);
(k) interfere with or disrupt our servers or the systems and networks used by us, or infringe any requirements, procedures, policies or regulations of any such systems or networks, or interfere with any third party’s use of the Service, including but not limited to (i) transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (ii) attempting to gain unauthorised access to any Profile of any other Account Owner;
(l) collect, store, or distribute personal data about other users without their consent; or
(m) post any content that we in our absolute discretion consider objectionable.
6.5 WeShop reserves the right to revoke access to your account and/or change your username after your account has been created if the username, personal details or other Content in your Profile is found to be:
(a) impersonating a brand, retailer, celebrity or significant person;
(b) infringing a trademark;
(c) rude, derogatory or inappropriate.

7.1 We reserve the right to suspend or terminate your Profile and access to the Service, or parts of it, if in our opinion you have breached these Terms (including the Code of Conduct).
7.2 You agree that we have the right to require you to remove (or we can without notice remove) any content appearing in your Profile, the posting of which constitutes, in our view, a breach of these Terms (including the Code of Conduct) or rules governing the protection of personal data or other policies or we are required by law or regulation to do so. WeShop will not be responsible for any consequences or damages that may arise from such removal.
7.3 You agree that we have the right to require you to change (or we can change) your username at any time, if in our view you have breached these Terms (including the Code of Conduct).

8.1 You will not post any content to your Profile that infringes the intellectual property rights of any party.
8.2 You grant the Company and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence to display and reproduce the content you post to your Profile, both digitally and in print, without any duty to account to you. You further agree that upon posting any content to your Profile, you grant the Company, and its successors and assigns a non-exclusive world-wide, royalty-free, perpetual, non-revocable licence to distribute, display, and reproduce such material to other members of that group.
8.3 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Service and/or in the brand, concept and design of the WeShop are owned by, or licensed to, us. It is easy to copy material which appears on websites, but this does not mean it is legal. Therefore, no one may copy, distribute, show in public or create any derivative work from the Service or from the WeShop website, or any of the material which is found on the Service or on the WeShop website unless properly licensed to do so in writing by us.

9.1 We may reward you for your social and transactional activity on the WeShop website by awarding you limited liability shares in a company in the WeShop group (‘Shares’). You will not be charged by us or be required to pay any amount to for being awarded any Shares
9.2 The number of Shares awarded to you will be at our discretion from time to time.
9.3 We shall provide you in due course with further information with respect to the steps that you must take to claim the Shares and the timeframe in which you must take those steps, and the detailed terms and conditions governing the award of Shares.
9.4 There are various circumstances in which Shares which have been awarded may be either (i) forfeited to us; or (ii) automatically transferred to us, including where an Account Owner/Account is:
(a) suspended by us under Clause 7 of these Terms;
(b) associated with any fraudulent activity or any breach of these Terms;
(c) used to make purchases on behalf of, or for the benefit of, any other person;
(d) inactive for more than twelve months (an Account Owner is inactive where the Account Owner does not log into the Services.
9.5 Your Shares will be made available to claim after the retailer has validated the transaction and twelve months has passed since your initial transaction date as reported by the retailer, if either one of these requirements has not been met then your transaction will remain in an uncleared state.
9.6 The status of a transaction remains at the discretion of the retailer, if the retailer chooses not to validate your transaction, you may raise a claim with WeShop customer support to appeal the decision. WeShop reserves the right to overrule any decision made by a retailer.
9.7 WeShop cannot guarantee transactions will track under any circumstances, and WeShop will not provide support or assistance if your device is any of the following:
(a) device is rooted or jailbroken;
(b) device is no longer supported by manufacturer;
(c) device is using a VPN or onion rooting (TOR) network.
9.8 Retailers may not support purchases when made outside the UK, if your purchase is made when your device is outside the supported geographical area then customer support will be unable to appeal any issues with your transactions.

10.1 We warrant that the Service will be provided with reasonable care and skill with the intention of meeting our specifications for the Service, but we cannot and do not guarantee that the Service will meet your requirements or that the Service shall be uninterrupted or error free. In addition, we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the Services or any part of it at any time. We give no other warranty to you other than set out in this clause 10.1.
10.2 We shall be liable only as expressly provided in these Terms and shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
10.3 Nothing in these Terms excludes or restricts our liability for death or personal injury resulting from our negligence.
10.4 We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
(a) for any loss of revenue, business, anticipated savings or anticipated profits, or
(b) for any indirect, remote, special or consequential loss, economic loss, damage, costs or other claims, howsoever caused or arising, whether through non-supply, interruption or suspension of supply, or late supply of the Service or other non-performance of these Terms or otherwise.
10.5 Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
10.6 For the avoidance of doubt, we will not have liability to you or any other person in respect of content posted to your Profile or for transactions between your Profile Visitors and Retailers or otherwise.

You shall indemnify the Company against any liabilities, proceedings, costs, damages, losses or expenses suffered by the Company as a result of (i) the content posted by you in your Profile (ii) any incorrect information given to the Company by you (iii) any other breach of these Terms by you; or (iv) any other negligent or wrongful act carried out by you, including but not limited to, your negligent or unauthorised use of the Service.

We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms. You may not without the written consent of the Company assign or dispose of these Terms, nor subcontract any of your rights and obligations under it.

These Terms (which includes the Dos and Don’ts) and our Privacy Policy are intended to contain your entire agreement with us relating to the Service. It replaces all earlier agreements and understandings with you relating to the Service.

We reserve the right to amend these Terms from time to time. When we do so, we will post the new version of these Terms on the WeShop Website. We will notify you (for example, by a notice on the Weshop Website) at least 14 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Services. We hope that you will continue using our Services, but if you do not agree to our updated Terms and no longer want to be part of the Weshop community, you can delete your account at any time.

15. TERM
15.1 These Terms become effective when you access the WeShop Website or, if later, use the Services.
15.2 We may terminate your Account and/or suspend you from the Service if, in our opinion,:
(a) you have breached any one or more of these Terms; or
(b) you act fraudulently or illegally in any way; or
(c) your Profile is inactive for more than 25 months; or
(d) you create multiple profiles or engage in any other conduct that is not in the spirit of the WeShop community; or
(e) we are required or requested to by any law, governmental body or similar organisation.
In the event your Account is terminated or suspended you are still bound by these Terms.

16.1 In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms or accessing the Services. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
16.2 No other person other than you and us (or our permitted assigns or transferees) shall have any rights to enforce any of these Terms.

17.1 These Terms, and our relationship with you, and any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims) is governed by the laws of England.
17.2 You and we each irrevocably agree to submit to the exclusive jurisdiction of the English courts to settle any disputes or claims arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) provided that we may enforce any judgement of the English courts in the courts of any jurisdiction.
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