Last updated Dec 7, 2022
PLEASE CAREFULLY READ THESE SUPPLEMENTAL TERMS FOR PURCHASE OF PRODUCTS AND CREDITS BEFORE PLACING AN ORDER ONLINE OR ON THE SHINEPAY PLATFORM.
Your Use of the ShinePay Platform shall be deemed to constitute Your consent to be bound by this Agreement and shall be enforceable in the same way as if You had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE SHINEPAY PLATFORM, DO NOT ORDER, AND DO NOT USE A COMPANY PRODUCT.
1. Purchasing Items and Services from Us
ShinePay reserves the right, without prior notice, to discontinue or change specifications and prices on products and services without incurring any obligation to You. ShinePay takes reasonable precautions to try to ensure that the prices quoted on the ShinePay Platform are correct, and to describe the items available on the ShinePay Platform as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that ShinePay does not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the ShinePay Platform will match the actual product that You receive. If a product or service described on the ShinePay Platform is not as described when You receive it, or the packaging on the ShinePay Platform does not match the product or service You receive, Your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the ShinePay Platform. ShinePay’s descriptions of, or references to, products or services offered by ShinePay do not imply endorsement of that product or service, or constitute a warranty by ShinePay.
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the ShinePay Platform and to correct errors once discovered. ShinePay reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after Your credit card has been charged. If we discover an error has occurred after Yourr credit card has been charged and Your order is canceled as a result of the error, Your credit card will be refunded the full amount of Your order.
Order Placement and Acceptance
If You order a product or service, payment must be received by ShinePay prior to ShinePay’s acceptance of the order. ShinePay may require additional information regarding Your order if You have not provided all of the information required and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, Your authorization and a form of payment has been received, we will promptly locate the item(s) You have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform You if the product(s) You have ordered are not available and we may offer You alternative product(s) of equal quality and value.
To the extent Your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, ShinePay reserves the right to report You to federal, state and/or local enforcements authorities.
Some of the services sold by ShinePay are available only with a paid Subscription. “Subscription(s)” refer to the services or access to services offered on a subscription basis by the ShinePay to You. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal through Your account settings page. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
If requested, You shall provide ShinePay with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
ShinePay, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
ShinePay will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the services after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Shipping Policy and Risk of Loss
ShinePay will add applicable shipping and handling fees to Your order. Unless otherwise noted, ShinePay will use commercially reasonable efforts to ship products within a reasonable time after receipt of Your properly completed order. Although ShinePay may provide delivery or shipment timeframes or dates, You understand that those are ShinePay’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If Your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of Your order). ShinePay will use reasonable good faith efforts to contact You. If ShinePay cannot contact You or You no longer wish to receive the item, ShinePay will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or MasterCard. ShinePay shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the ShinePay Platform are delivered to shipment carriers. The risk of loss and title for such items pass to You upon our delivery to the carrier. ShinePay may reject orders where the stated delivery address is outside the United States.
ShinePay is required to collect applicable state and local sales tax on certain orders and on shipments to certain states. Taxes apply to most merchandise and credits, but some states exclude certain items. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. ShinePay is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
In ordering products and credits through the ShinePay Platform, including via the website, the mobile application, or otherwise, You agree to provide only true, accurate, current, and complete payment information. By placing an order, You represent and warrant that You will only provide payment information which is Yours or for which You are authorized to provide. ShinePay shall have the right to cancel Your order or to suspend or terminate Your account if we have grounds to believe that You have provided inaccurate, not current, fraudulent, or incomplete payment information to ShinePay, or for any other reason that we, in our sole discretion, deem appropriate. You agree that Your placement of an electronic order on the ShinePay Platform is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
ShinePay does not directly sell certain ShinePay products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions.
You may return items in accordance with ShinePay’s Return Policy.
2. Electronic Communications, Signatures and Agreements
The information communicated on the ShinePay Platform constitutes an electronic communication. When You communicate with ShinePay through the ShinePay Platform or via other forms of electronic media, such as e-mail, Apps, or social media, You are communicating with ShinePay electronically. You agree that ShinePay may communicate electronically with You and that such communications, as well as notices, disclosures, agreements, and other communications that ShinePay provides to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by ShinePay or You).
You further acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "ACCEPT" or such similar links as may be designated by ShinePay, You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that Your electronic submissions constitute Your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SHINEPAY PLATFORM OR SERVICES OFFERED BY SHINEPAY. Furthermore, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
3. Limitation on ShinePay’s Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SHINEPAY, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SHINEPAY PLATFORM; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE SHINEPAY PLATFORM; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold the Released Parties, together with their respective co-branders, and suppliers, harmless from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) Your use of the ShinePay Platform; (ii) information You submit or transmit through the ShinePay Platform; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to ShinePay that is not owned by You, in contravention of this Agreement; and/or (iv) Your breach of this Agreement.
5. Termination of ShinePay Platform
You agree that ShinePay may, in its sole discretion, and at any time, terminate or suspend its operation of the ShinePay Platform or Your use of the ShinePay Platform, without prior notice to You, for any reason that ShinePay, in its sole discretion, deems appropriate. You further agree that ShinePay will not be liable to You or to any third party for the consequences of such termination or suspension. In the event of any termination of Your use of or access to the ShinePay Platform, You agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the ShinePay Platform, disclaimer of warranties with respect to use of the ShinePay Platform, limitation on ShinePay’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination
6. Agreement to Resolve Disputes By Arbitration
7. Exclusive Venue for Other Controversies
8. Remedies for ShinePay
In order to avoid irreparable injury to ShinePay, in the event of any breach or threatened breach by You of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting ShinePay from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from You.
9. Modifications to the Agreement
ShinePay may make changes to Purchase, from time to time, in its sole discretion, by updating this posting on the ShinePay Platform without notice to You. Your continued use of the ShinePay Platform following the posting of a new version of the Terms of Purchase for Products and Credits constitutes Your acceptance of any such changes. Accordingly, whenever You visit the ShinePay Platform, check to see if a new version has been posted.
ShinePay does not offer any warranty on products supplied by third parties including washers and dryers. If You are dissatisfied with any such product, Your recourse is to contact the manufacturer or third party supplier to make a warranty claim.
11. Other Important Terms
ShinePay may assign, transfer, or sub-contract any of our rights or obligations under this Agreement to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by You will survive cancellation or termination of Your account or relationship with ShinePay. No delay by ShinePay in exercising any right or remedy under this Terms of Purchase for Products and Credits shall operate as a waiver of that right or remedy or shall affect ShinePay’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by ShinePay in writing. This Terms of Purchase for Products and Credits supersede any other terms previously published by us and any other representations or statements made by us to You, whether oral, written, or otherwise.
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© ShinePay 2021 | 20511 Skywest Dr 3J, Hayward, CA 94541
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