POLICIES

At Showfields, we value your trust and respect your privacy.
Explore our Privacy Disclosures to learn more about our privacy policies, principles, and notices.

TERMS OF SERVICE

Explore Showfields Terms of Service to learn more about our use and Terms of Service.

Cookie Policy

Showfields Cookie Policy

PRIVACY POLICY
TERMS OF SERVICE
COOKIE POLICY

Showfields' Privacy Policy

Showfields’ Privacy Policy 

Last Revised: August 19, 2021

Showfields Inc. (“Showfields”, “we”, “our” or “us”) respects the privacy of the users of its Services (as such terms is defined in our TOU), including (i) visitors to our website available at https://www.showfields.com/ (the “Site”) and our widgets (“Widgets”), (ii) users of our mobile application (the “App”), users of our online marketplace available via the Site and App (the “Marketplace”), (iii) visitors to our brick and mortar stores (the “Store”) who provide us with their personal information both online and offline (e.g. when connecting to our in-Store Wi-Fi network, through use of tablets, point-of-sale devices and other technological devices made available by Showfields in the Store, or directly to our Store's sales representatives), (iv) participants of our events (“Events”), as well as (v) members of our “Friends of Showfields” members club (“Friends of Showfields”, and collectively the “User(s)” or “you”), and is committed to protect the personal information that our Users share with us. 

We believe that you have a right to know our practices regarding the information we may collect and use when you join Friends of Showfields, visit and/or use our Site, App and Marketplace and provide information during your visit to our Store and/or when you use other Services we offer. Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use at https://www.showfields.com/terms_of_service (“TOU”), into which this Privacy Policy is incorporated by reference. 

  • Your Consent (PLEASE READ CAREFULLY!)

BY VISITING OUR STORE, JOINING FRIENDS OF SHOWFIELDS AND/OR BY ENTERING, CONNECTING TO, ACCESSING OR USING THE SITE AND/OR APP AND/OR THE MARKETPLACE AND/OR THE SERVICES WE OFFER (INCLUDING IN-STORE SERVICES) AND/OR WHEN PROVIDING US WITH YOUR PERSONAL INFORMATION WHEN VISITING OUR STORE (EITHER TO OUR REPRESENTATIVES OR VIA TECHNOLOGY), YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY (THE “PRIVACY POLICY”), INCLUDING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW). IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT JOIN FRIENDS OF SHOWFIELDS AND/OR ACCESS OR USE THE SITE, APP, MARKETPLACE OR SERVICES.

FOR AVOIDANCE OF DOUBT, YOU HEREBY CONSENT TO THE COLLECTION, PROCESSING, TRANSFER AND USE OF YOUR PERSONAL INFORMATION. YOU ALSO ACKNOWLEDGE AND CONFIRM THAT YOU ARE NOT REQUIRED TO PROVIDE US WITH YOUR PERSONAL INFORMATION AND THAT SUCH INFORMATION IS VOLUNTARILY PROVIDED TO US. 

  • Which information we may collect on our Users? 

We may collect two types of data and information from our Users:

  1. Non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us while such User is entering and/or using the Site and/or App and/or Widgets and/or Marketplace and/or other Services. You may access and browse our Services without disclosing personal information, although, like most websites and online services, we passively collect certain Non-Personal Information from your devices when you access and browse our Services, including: (i) technical information such as the type and version of your device and its operating system, the type of browser, screen resolution, device browser and keyboard language, Wi-Fi connectivity and the type and name of your device and/or browser, etc.; and (ii) behavioral information which may include the User’s click-stream and tap-stream on the Site, App, Widgets and other Services, the activities of the User on the Site, App, Widgets and other Services and additional information of a similar nature (collectively, “Technical and Behavioral Information”). We may also use third-party service providers such as Google Analytics, HubSpot and Facebook Pixel to obtain detailed analytics on the device and the User's behavior on the Site and App and other Services. 

Please note that we or our third party service providers will collect such Technical and Behavioral Information by using certain technologies such as Cookies (as further detailed under our Cookie Policy at https://www.showfields.com/cookie_policy (“Cookie Policy”)). 

  1. Personally identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature

  • Personal Information is collected from the details you provide during the registration process to Friends of Showfields (either online or offline in our Store, e.g. when completing a purchase in our store), which may include your full name and e-mail address. Additional information may be required from time to time in order to complete the registration process. 
  • Additional information may be collected about our Friends of Showfields club members, such as purchase history, products they show interest in and other Technical and Behavioral Information, including interactions with online advertisements presented on our Services.   
  • Personal Information is collected from the details you provide during purchases conducted via the Marketplace, including, without limitation, your full name, e-mail address, payment details such as credit card number and other billing information and shipping address. We may also collect any communications you may have with Partner via the Marketplace. We will transfer such Personal Information to the applicable Partner in order to fulfill your purchase. In addition, please note that by providing an email address as part of your purchase, you will be automatically enrolled to our Friends of Showfields members' club. 
  • Personal Information may be included in the User Generated Content you may upload, post, generate or publish on the Marketplace, such as comments or product reviews.
  • We collect your email address when your register to our mailing lists. 
  • Personal Information is collected from the details you provide while using our in-Store online Services (for example, through the Wi-Fi network provided in our Store or through other technological devices made available in our Store, such as tablets and point-of-sale devices), which includes, the your full name and e-mail address. Please note that we may use your contact details, including your email address and telephone number, in order to send you marketing materials and other communications, as further detailed below. We may also provide this information to our business partners, including the operators of our in-Store brands, to send you offers and marketing materials that may interest you and which relate to their products and services. Please note that the sending of such marketing materials may be tailored to your interests, based on other information that we may gather about you, as detailed in this Privacy Policy.
  • Personal Information you provide as part of any communications with Showfields, by any means, including through our social network pages, by approaching our customer services or during sales calls (such information may include marketing and communication data that includes your preferences in receiving marketing from us and your communication preferences).
  • We may offer from to time certain Events which require prior registration. When registering to such Events, either directly with Showfields or via our third-party service providers (e.g. Eventbrite), you may be required to provide certain information, such as your full name, telephone number and email address.  
  • We also obtain information from other sources, which include publicly-available sources, information provided by third parties which helps us determine your location based on your IP address and data providers, such as Google analytics and Facebook, from which we obtain demographic, interest based and online advertising related data. 
  1. Personal Information collected via technology: 

  • Geolocation data: while using the Site, App, Widgets and/or Marketplace, we will access, collect, process, monitor and/or remotely store “geolocation data”, including through the collection of IP addresses and other similar information to determine your location for analytics and security purposes.
  • In-Store location and interest data: when visiting our Store, we may be able to infer your location and interests in different brands, products and services available in the Store, from information that we collect passively, via use of Wi-Fi and Bluetooth technology to determine your presence and location within the Store for analytics, marketing and security purposes. We may also provide you, from time to time, with dedicated technology which will assist in gathering similar information when you browse our Store. 
  • Technical and Behavioral Information: to the extent that the Technical and Behavioral Information detailed above under Section 2.1 will be linked to or associated with a specific individual, then such information will be considered as Personal Information. 
  • Identifiers: we process certain online identifiers, such as Internet Protocol (IP) address, your Unique Device Identifier (UDID), or another unique identifiers, for geo-location, targeted advertising and security purposes. In addition, when using the Site and/or App and/or Widgets and/or other Services, our authorized third-party service providers may collect your advertising identifiers, as further detailed in our Cookie Policy. 
  • We use third-party tracking services and usage logs, to track and analyze data from Users of the Site, App, Widgets and/or Marketplace and for purposes of security and fraud prevention. We may also use cookies to gather information regarding your use of the Site, App and/or Marketplace and the information for which you searched and accessed (for more information please refer to our Cookie Policy).
  1. Personal Information relating to job applicants:

  • You may use the “Job Postings” page available on our Site in order to apply for a position at Showfields and send us your CV, and in such case the following applies: 
  • As part of the submission of an application, you will be required to provide your full name, email address, website and phone number and attach your CV and a cover letter. 
  • The Personal Information collected as part of the application process, including any Personal Information included in your CV, may be accessed by our HR department and/or by Showfields’ managers, worldwide, solely for the purposes of evaluation and to enable us to contact you with respect to the recruitment process. 
  • If you submit an application on behalf of a third party, you hereby acknowledge that such third-party was made aware of this Privacy Policy and has granted his/her consent to the processing of his/her Personal Information by Showfields.
  • Showfields will retain Personal Information collected from applicants solely for the period that is necessary for the purposes set forth under this Privacy Policy or for the maximum statutory period in which a claim with respect to the recruitment process may be brought against Showfields. 
  • Please note that if you have successfully recruited to work for Showfields, any Personal Information collected as part of the application process may be retained by Showfields for the purposes of your employment. 

We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance to the TOU and the Privacy Policy.

  • How Do We Collect Information on Our Users?

There are a few methods that we use: 

  1. We collect information through your entry and use of the Site and/or App and/or Widgets and/or Marketplace and/or your access and use of our other Services, including interactions with our social networks’ pages. In other words, when you are using our online Services (either through your device, or through devices available in our Store) we are aware of it and may gather, collect and store the information relating to such usage, including Technical and Behavioral Information.

  2. We collect information which you decide to provide us voluntarily, either online or in our Stores. For example, we collect Personal Information when you register as a member of Friends of Showfields and/or use the Wi-Fi network provided in the Store, when you communicate with us or apply for a position at Showfields. 

  3. We collect information from third parties. Such information may include mailing lists and other information available from public sources. 

  • We collect information when you visit our Store. Such information may include proximity data relating to you visit of our Store.

We may gather, collect and store such information either independently or through the help of our authorized third-party service providers, as detailed below.

  • What are the Purposes of the Collection of Information?

Non-personal Information is collected in order to:   

  • Use it for statistical and research purposes and for customization and improvement of our Site and/or App and/or Services;
  • Enhance the User’s experience while using the Services; and
  • Display ads and helping our advertisers and other companies better understand our users. 


Personal Information is collected in order to:   

  • Provide and personalize our Services to our Users;
  • Add your contact details to our and our business partners’ (including in-Store brands’) mailing list for the purposes of sending you information about our and our partners’ products and services by email and through web-browser and/or push notification. You have the right to opt-out of marketing messages at any time by following the instructions in such messages, contacting the applicable business partner directly, or by contacting us at: unsubscribe@showfields.com
  • Provide Partners with the Users’ details in order to complete a purchase performed via the Marketplace, and for the Partners to be in contact with the Users regarding payment, shipping, refund, etc.;
  • Enable payment through third party Online Payment Processors; 
  • Display ads and send you offers. We may also use your Personal Information, including your purchase history, in delivering third party advertisements to you. This may include “targeted ads” based upon your interactions with our Services; 
  • Respond to your inquiries, requests, comments and suggestions;
  • Provide you with commercial materials, updates about Showfields’ new offerings, news regarding the Site, the App, Friends of Showfields, our Services, etc.; 
  • Be able to contact you for marketing and sales purposes; 
  • To conduct online surveys to better understand your needs, and how we can modernize, innovate and improve our products and Services;
  • Provide you with updated information regarding our products and Services;
  • Determine geolocation information within our Store or from which device you are connected to the Internet in order for us to know the location of our Site and App’s Users, as well as in order to safeguard our Site, App and other Services and create analytics.
  • Conduct internal operations, including troubleshooting, data analysis, testing, research and statistical purposes, including in order to improve our Services. Please note that in general we analyze aggregate data for such purposes, rather than specific user data, however we may need to analyze a specific case to address a specific problem;
  • Comply with our legal obligations and in order to be able to protect our rights and legitimate interests; and
  • Email tracking – we may use tracking technology within the email we may send you in order to improve interactions with you and to better understand whether our emails were opened and read, and such tracking may include capturing the time and date in which you opened our email messages and the type of device you use to open such emails.
  • Sharing Information with Third Parties

Showfields will not share any Personal Information it collects with any third party, other than in the following circumstances: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy and/or the TOU, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (e) to protect the rights, property, or personal safety of Showfields, its Users or the general public; (f) by virtue of undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Showfields, so long as such acquirer maintains the same privacy terms hereunder; (g) pursuant to your explicit approval prior to the disclosure; or (h) to perform and complete a User’s purchase from a Partner via the Marketplace. 

Note, that we collect, hold and/or manage Personal Information through Showfields’ authorized third parties vendors of certain products or services (such as, cloud hosting services) (including, as applicable, their affiliates) solely and limited to providing us with such requested services, and not for any other purposes. Such vendors may be located in a country that does not have the same data protection laws as your jurisdiction.    

Advertising: we may share your data with advertising companies to display relevant ads to you. Unless you agree, we will not share you email address or any other contact details with such third parties. If you are in the United States, we may share information about you with select third parties (such as our in-Store brands) so that they can communicate with you about products or services that may be of interest to you. If you prefer that we not share your information with such third parties, you may opt out by emailing us at unsubscribe@showfields.com.

For avoidance of doubt, Showfields may use Non-personal Information and transfer and disclose it to third parties at its discretion. 

  • Deletion or Modification of Personal Information 

In any event, if for any reason you (or any person) wish to delete or modify Personal Information, please send us an e-mail with adequate details of your request to: hello@showfields.com, and we will make reasonable efforts to modify or delete any such Personal Information pursuant to any applicable privacy laws. Note that unless otherwise explicitly specified herein and/or unless you instruct us otherwise, we may retain your Personal Information for as long as reasonably required for the purposes of which such Personal Information was collected, all as permitted under any applicable privacy laws.

Aggregated and/or anonymous information derived from your use of the Services may remain on our servers indefinitely.

  • Minors

Use of our Services and Friends of Showfields are intended for Users over the age of sixteen (16). Therefore, Showfields does not intend and does not knowingly collect Personal Information from children under this age. We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using our Services. 

  • Security 

We take reasonable measures to maintain the security and integrity of our Services and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures. The Personal Information is hosted on servers which provide advanced strict security standards (both physical and logical). In addition, we employ highly secure services design and implementation using encryption and architectures mechanisms. Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage, and we cannot guarantee that unauthorized access or use will never occur. SHOWFIELDS SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.    

  • Third Party Service Providers 

While using our Services and in order to provide our Services, we may use third party service providers, who may collect, store and/or process the information detailed herein. Showfields uses commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing and use of non-personal and personal information. Such service providers may include, without limitation:

Please read such third party service providers’ terms of use and privacy policies to understand their privacy practices. 

  • Online Payment Processors

We accept certain online payment methods via our Marketplace, using our Online Payment Processors, which enable Users to pay the Partners securely online using a credit card or bank account. We may add or change the Online Payment Processors at our sole discretion. We are not affiliated with such Online Payment Processors (for more information see our TOU), as each is an independent contractor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The use of the Online Payment Processors is at the User’s discretion and sole liability and risk. It is the User’s responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies, including but not limited to any age restrictions specified therein. . Please note that if we and/or the applicable Partner(s) obtain access to your billing information, such information will not be used and/or be shared with any third parties, other than as strictly necessary to process your transaction or per your instructions.You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.

  • Links to Third Party Websites 

Certain links provided in the Site and App permit Users to leave our Site and App and enter non-Showfields sites or services. Those linked sites and services are provided solely as a convenience to you. Those linked sites and services are not under the control of Showfields and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content advertising, products, services or other information on or available from such linked sites and services or any link contained in a linked site or service. Showfields reserves the right to terminate any link at any time. You further acknowledge and agree that Showfields shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policies, governing the use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information they are collecting.

  • International Data Transfer

In order to provide our Services, we may transfer information collected about you, including Personal Information, to other third party service provides (as detailed herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that we may transfer such information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to such transfer of information.

  • Direct Marketing 

You hereby agree that we may use your contact details you provided us with (including, without limitation, e-mail address and phone number) for the purpose of providing you commercial and/or non-commercial materials related to our and our business partners’ (including in-Store brands’) current and/or future products and services. You may withdraw your consent by sending a written notice the following email address: unsubscribe@showfields.com, or alternatively follow the instructions for removing yourself from the mailing list which are available in the message transmitted to you.

  • Data Retention 

Showfields will retain the Personal Information for as long as we are comfortable that it is accurate and can be relied upon. Personal Information which is no longer required for the purpose for which is was initially collected will be deleted, unless we have a valid justification to retain it which is permitted under applicable law, such as to resolve disputes or comply with our legal obligations. 

  • Changes to the Privacy Policy 

The terms of this Privacy Policy will govern the use of the Site, App, our other Services and any information collected therein and/or provided to us voluntary. Showfields reserves the right to change this policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this policy on the homepage of the Site, on the App and/or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Such substantial changes will take effect seven (7) days after such notice was provided on our Site, App or sent by e-mail, whichever is the earlier. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by law and without any prior notice.

  • Changes to the Privacy Policy 

If you have any questions (or comments) concerning this Privacy Policy, you are most welcome to send us an email to the following address: unsubscribe@showfields.com.

Showfields' Terms Of Use

Last Revised: June 23, 2020

Showfields Inc. (“Showfields”, “we”, “our” or “us”) welcomes you (the “User(s)”, or “you”) to our website and online marketplace at https://www.SHOPSMALL.showfields.com/ (the “Site”), our mobile application (“App”), our online widgets displayed on third party sites (“Widgets”) and to our online services available in the Showfields stores, including tablets, point-of-sale devices and in-store Wi-Fi networks (the “In-Store Services”, and collectively with the Site, App and Widgets, the “Services”, as further detailed below). 

Each of our Users may use the Services in accordance with the terms and conditions hereunder. 

 

Acceptance of the Terms

By entering, connecting to, accessing or using the Site and/or App and/or Widgets, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy  and Cookie Policy (collectively, the “Terms”), and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and/or App and/or Widgets and/or in-Store technological devices and you acknowledge that these Terms constitute a binding and enforceable legal contract between Showfields and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS TO, DOWNLOAD OR USE THE SITE AND/OR APP AND/OR IN-STORE SERVICES AND/OR THE SERVICES IN ANY MANNER. 

The Services are available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. Therefore, you hereby represent that you possess the legal authority to enter into these Terms on your behalf and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder.  

 

The Services 

Showfields is the operator of brick and mortar stores located in spacious and impressive multi-story buildings, as well as an online marketplace available on our Site (the “Marketplace”), which offer a unique shopping experience and a wide variety of consumer goods sold, whether in our stores or via our Marketplace, by popular and known brands (the “Partners”).

These Terms govern your use of the following Services: 

Our Site, App, Widgets and Marketplace - our Site and App offer our online Marketplace where Users may purchase consumer goods directly from our Partners. In addition, the Site, App and Widgets may provide you with comprehensive information regarding, inter-alia, Showfields and its Partners, products, concept, partners, blog, news regarding Showfields and its Partners, job opportunities and so forth, including any other content related thereto and to the Marketplace, such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site/App/Marketplace/Widgets, User Generated Content (as defined below) , algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and/or App and/or Marketplace (collectively with any similar content which may be made available on our In-Store Services, the “Content”). 

For simplification purposes, the term “Service(s)” used herein includes the Site, App, Widgets and In-Store Services and all services related thereto.

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE, APP, WIDGETS, AND MARKETPLACE ARE RESERVED TO SHOWFIELDS, ITS PARTNERS OR THEIR LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE, APP, WIDGETS, MARKETPLACE, THE CONTENT AND USER GENERATED CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. SHOWFIELDS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AVAILABLE THEREIN. 

YOUR USE OF THE SITE, APP, WIDGETS, MARKETPLACE, THE CONTENT AND/OR USER GENERATED CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

OTHER THAN AS EXPRESSLY STATED HEREIN, SHOWFIELDS IS NOT A PARTY TO ANY TRANSACTION CONDUCTED VIA THE MARKETPLACE AND IS NOT THE SELLER OR SUPPLIER OF ANY OF THE PRODUCTS THAT MAY BE AVAILABLE VIA THE MARKETPLACE. THUS, SHOWFIELDS DOES NOT HAVE ANY OF THE LEGAL OBLIGATIONS THAT APPLY TO THE SELLERS OF THOSE PRODUCTS.

WE RESERVE OUR RIGHT TO REFUSE PROVISION OF THE SERVICES, TO ANYONE, FOR ANY REASON OR FOR NO REASON ALL SUBJECT TO APPLICABLE LAW.

 

Our Marketplace and Terms of Sale

Our Marketplace provides a venue for our Users to discover and purchase our Partners' products. Use of our Marketplace and purchasing products through our Marketplace, is subject to the following terms:  

  1. Our Partners operate independent virtual "stores" within the Marketplace to sell their products, and as such: 
  • If you purchase any of the products or services offered by our Partners via the Marketplace, Showfields is not a part of that transaction, as you are purchasing directly from the applicable Partner, not from Showfields. 
  • Showfields is not responsible or obligated to examine or evaluate, and we do not warrant, guarantee or endorse any product or other offerings of any of our Partners and/or any other item sold on our Marketplace. All items are provided and sold at the Partner's exclusive discretion and terms.  
  • Each item sold by our Partners on the Marketplace may be accompanied by photographs, product descriptions, graphics, User Generated Content (as such term is defined below, including User reviews) and other content and information. Such content may be authored by Showfields, our Partners and/or our Users, however in any case such content is not verified by Showfields and does not bind Showfields in any form. Please note that we cannot guarantee the accuracy, completeness and/or reliability of such content nor do we warrant that it is current, or error-free, and we will not be liable in any way for such content. In any case where such content contradicts or is inconsistent with information provided to you directly by the Partner or other seller of the applicable goods and/or services, the information supplied by such provider directly shall prevail. 
  • Each Partner on our Marketplace maintains its own policies relating to your purchase, including specific sales cancellation and return policies, processing times, shipping methods, anti-discrimination policies and other shop policies. Please note that not all Partners accept returns. By making a purchase via the Marketplace, you agree and acknowledge that you have read all item descriptions and Partner policies which are relevant to your purchase, prior to placing an order for such item, and that you will abide by any restriction imposed on your purchase by the Partner or by applicable law (e.g., purchasing or age restrictions, restrictions imposed on the use of certain products, etc.). 
  • All orders are subject to availability and confirmation of the order price by the Partner, who may be required in certain cases to refuse or cancel an order, at its discretion.  
  • You hereby understand and agree that in case of a dispute between yourself (or anyone on your behalf) and any Partner, other User and/or other third party related to your purchase or use of the Marketplace, Showfields is under no obligation to become involved. In the event that a dispute with one or more other Partner, User or any third party arises, you hereby release Showfields and Showfields’ Representatives (as defined below) from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
  • Showfields does not assume any responsibility or liability for any act or omission, product, service or content (including item descriptions, photographs or policies) of our Partners and/or those of any other third party.
  • If you wish to make a purchase via the Marketplace, you will be required to provide us with certain information, including personal information, such as your e-mail address, full name, payment details and shipping address, as further detailed in our Privacy Policy. Please note that we may transfer all such information to the applicable Partner in order to fulfill your purchase. By placing an order via the Marketplace, you warrant that you have submitted complete and accurate payment details and shipping information.
  • Although Showfields is not directly involved in any transaction between any Partner and yourself, in the unlikely event of non-delivery of items purchased, or if an item you receive does not match its listing on the Marketplace (e.g., if the item received is of a different size or is damaged), please contact us at hello@showfields.com with sufficient details, and we will make commercially reasonable efforts to contact the applicable Partner and assist you in receiving a refund or an exchange. However, please note that we are not obligated to do so, and, in any event, we do not provide refunds on behalf of our Partners or any other third party. 
  • Please note that not all products sold in our stores are offered via our Marketplace (and vice-versa). 

 

Payments

To complete your purchase on the Marketplace, you will be required to provide us with certain payment information. Please note that if your payment information is entered in error or does not go through for processing and you do not update the payment information upon our request, your entire purchase may be suspended or cancelled.

Users’ payments will be processed via certain online payment service providers (“Online Payment Processors”). We may add or change the Online Payment Processors in our sole discretion. The Online Payment Processors enable Users to send payments to Partners securely online using a credit card or bank account. We do not control and are not affiliated with such Online Payment Processors. These Online Payment Processors are independent contractors and have no employment or agency relationship with us. Showfields is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. The use of the Online Payment Processors is at your own risk. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors. Please note that if we and/or the applicable Partner(s) obtain access to your billing information, such information will not be used and/or be shared with any third parties, other than as strictly necessary to process your transaction or per your instructions.

 

Use Restrictions

There are certain conducts which are strictly prohibited when using the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Showfields’ sole discretion) in the termination of your use of the Site and/or App and/or and/or Content and/or User Generated Content and/or the Marketplace and/or the Services, and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by Showfields, you may not (and you may not permit anyone to): (a) use the Site and/or App and/or Widgets and/or Marketplace and/or the Content and/or the User Generated Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or App and/or Widgets and/or Marketplace and/or Content and/or the User Generated Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site and/or App and/or Widgets and/or Marketplace and/or the User Generated Content any restrictions and signs indicating proprietary rights of Showfields or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and/or App and/or Widgets and/or Marketplace and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site and/or App and/or Widgets and/or Marketplace or the servers or networks that host the Site and/or App and/or Widgets and/or Marketplace, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Showfields endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site and/or App and/or Widgets and/or Marketplace or Showfields; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site and/or App and/or Widgets and/or Marketplace; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Showfields and/or the Partners on or through the Site and/or App and/or Marketplace, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Showfields’ or its Partners' proprietary rights, including Showfields’ Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content and/or the User Generated Content, on any other site or networked computer environment for any purpose without Showfields’ prior written consent; (l) create a browser or border environment around the Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or App and/or Widgets and/or Marketplace and/or the Content; (n) frame or mirror any part of the Site and/or App and/or Marketplace without Showfields’ prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site and/or App and/or Widgets and/or Marketplace; (p) transmit or otherwise make available in connection with the Site and/or App and/or Widgets and/or In-Store Services and/or Marketplace any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site and/or App and/or Widgets and/or Marketplace for any purpose for which the Site is not intended; and/or (s) infringe and/or violate any of the Terms.

 

Minors

The Site and/or App and/or Widgets and/or In-Store Services and/or Marketplace are intended for Users over the age of sixteen (16). We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using the Services. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using the Services, we will prohibit and block such User from accessing the Site and/or App and/or In-Store Services and/or Marketplace and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

 

Contacting us via the Site or App 

In order to contact us, you will need to send us an e-mail to one of the e-mail addresses available on the Site at https://www.showfields.com/contactUs or the App, according to the nature of the of your communication.  

 

Privacy Policy and Cookie Policy 

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Services. Our policy and practices and the type of information collected are described in detailed in our Privacy Policy https://www.showfields.com/privacy_policy and our Cookie Policy at https://www.showfields.com/cookie_policy, which are incorporated herein by reference. You agree that Showfields may use personal information that you provide or make available to Showfields in accordance with the Privacy Policy and Cookie Policy. If you intend to access or use the Services, you must first read and agree to the Privacy Policy. 

 

User Generated Content

The Marketplace may allow Users to upload, post, publish and make available through it, their own copyrightable materials such as information, data, graphics, text or any other content, including without limitation commenting, reviewing and rating of products (the “User Generated Content”). Please be sure that while you use the Marketplace you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Marketplace. Showfields will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content. 

As long as the User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User.

You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on the Marketplace, in any way.

You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Marketplace or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).

IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING SUCH INFORMATION.

Except as expressly permitted herein, you expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles. 

You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Showfields to use or possess in connection with the Marketplace (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent). 

Although Showfields has no obligation to screen, edit or monitor any of the User Generated Content, Showfields explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Marketplace at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post on the Marketplace at your sole expense. 

When you upload, post, publish or make available any User Generated Content on the Marketplace, you grant to (i) Showfields and applicable Partners an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Marketplace, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of our Services a non-exclusive and royalty-free license to access your User Generated Content through the Services and to use such User Generated Content solely for personal and non-commercial purposes. Showfields and its applicable Partners may publish and use any User Generated Content without the Users’ prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. Showfields and applicable Partners shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.  

SHOWFIELDS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOAD, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE SERVICES, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS SHOWFIELDS LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER VIA THE MARKETPLACE. 

 

Intellectual Property Rights 

Subject to the terms hereof, Showfields hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (as defined below) and applicable law; and (ii) to use the Service and the Content provided via the Services, in accordance with the terms contained in these Terms.

The Site and/or App and/or Widgets and/or Marketplace and/or the Content and Showfields’ proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Showfields (as applicable) and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Showfields and its licensors. 

The Terms do not convey to you an interest in or to the Showfields’ and/or the Partners’ and/or the Partners’ Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Showfields’ and/or the Partners’ and/or the Partners’ Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to Showfields (“Feedback”), Showfields shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Showfields current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Showfields to comply with any additional obligations with respect to any Showfields current or future products, technologies or services that incorporate any Feedback.

 

Trademarks and Trade names

Showfields’ marks and logos and all other proprietary identifiers used by Showfields in connection with the Services and/or the Store (“Showfields’ Trademarks”) are all trademarks and/or trade names of Showfields, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Services and/or in the Store belong to their respective owners (“Third Party Marks”). No right, license, or interest to Showfields’ Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

 

Usage Rules

Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider“) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules“). Certain Usage Rules are described below, but other Usage Rules may apply, and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

 

Apple Inc. 

The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the App.

The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use thereof infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

 

Export Control Laws 

The App may be subject to export control laws of the United States and/or may be subject to additional export control laws applicable to the User or in the User’s jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws. In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties. 

 

Special provisions relating to Third Party Components 

The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and Showfields disclaims all liability related thereto. You acknowledge that Showfields is not the author, owner or licensor of any Third Party Components, and that Showfields makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

 

Linking to Showfields’ Site and links to Third Party Sites 

We welcome links to any page on our Site and/or Marketplace. You are free to establish a hypertext link to the Site and/or Marketplace so long as the link does not state or imply any connection or approval of your website, products and/or services by Showfields or its Partners, and does not portray Showfields or its Partners in a false or otherwise offensive manner. You may not link to our Site and/or Marketplace from a site that you do not own or have permission to use. In the event that you link to Showfields’ Site and/or Marketplace, you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. 

Certain links provided in the Site, the App, Widgets, the Marketplace and/or the In-Store Services permit our Users to leave the Site, the App, Widgets, the Marketplace and/or the In-Store Services and enter non-Showfields sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Showfields and it is not responsible for the availability of such external sites or services and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or services. In addition, Showfields is not responsible or liable for such linked sites’ and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Showfields reserves the right to terminate any link at any time. You further acknowledge and agree that Showfields shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with the use of or reliance on any services, content, products or other materials available on or through such linked sites or resources. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable, and we encourage you, to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

 

Availability 

The Services’ availability and functionality depends on various factors, such as communication networks. Showfields does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

 

Changes to the Services

Showfields reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site, the App, the Marketplace and/or the In-Store Services (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Showfields shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or the Content included therein. You hereby agree that Showfields is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes. 

 

Advertisements 

The Services may incorporate third-party advertisements. All the information contained in such advertisements and commercials, belongs solely to the applicable third party advertiser and Showfields makes no warranties or representations in respect of such, whether or not it has control over such advertisements or commercials, and these are provided on an “AS IS” basis. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property rights of, or relating to, any third party advertisements or products included in the Services. In any event, we will not be liable for any damage or loss incurred to you as a result of or in connection with such advertisements or commercials, including without limitation your dealings with advertisers and third party vendors found on or through the Services. Showfields may be entitled to certain shares of the earnings from advertisers and/or related third parties, for incorporating into the Services links to such parties’ websites, advertisements and/or commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto. 

 

Disclaimers and No Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE APP, THE WIDGETS, THE MARKETPLACE,  THE IN-STORE SERVICES, THE CONTENT AND THE USER GENERATED CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND SHOWFIELDS, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “SHOWFIELDS' REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

SHOWFIELDS IS NOT A PARTY TO ANY TRANSACTIONS BETWEEN PARTNERS AND USERS AND IS NOT THE SELLER OR SUPPLIER OF ANY OF THE PRODUCTS THAT PARTNERS MAY MAKE AVAILABLE VIA THE MARKETPLACE. THUS, SHOWFIELDS DOES NOT HAVE ANY LEGAL OBLIGATION OR LIABILITY THAT MAY APPLY TO THE PARTNERS AND/OR TO ANY TRANSACTION A USER MAY CONDUCT WITH THE PARTNERS.

ACCORDINGLY, SHOWFIELDS HAS NO CONTROL OVER OR RESPONSIBILITY FOR  THE PRODUCTS SOLD BY PARTNERS VIA THE MARKETPLACE, INCLUDING, BUT NOT LIMITED TO, (A) THE CONDITION, PRICE, SUITABILITY, RELIABILITY, TIMELINESS, SAFETY, LEGALITY AND ACCURACY OF THESE PRODUCTS; (B) WHETHER A PARTNER CAN OR WILL SUPPLY AND PASS GOOD TITLE TO ANY PRODUCT.

USERS SHOULD EXERCISE NO LESSER DEGREE OF CAUTION IN ENTERING INTO TRANSACTIONS WITH PARTNERS THAN THEY WOULD WHEN ENTERING INTO A SIMILAR TRANSACTION OFFLINE.

WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SERVICES AS DETAILED HEREIN. ALL DISCLAIMERS AND WARRANTIES REGARDING ANY PRODUCTS OR OTHER SERVICES OF SHOWFIELDS AND/OR PRODUCTS OR OTHER SERVICES OF THE PARTNERS SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE AGREEMENT OR POLICY BETWEEN SHOWFIELDS OR THE PARTNER AND EACH USER.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SERVICES AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SERVICES, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SERVICES (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). SHOWFIELDS AND SHOWFIELDS’ REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SERVICES, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SERVICES, INCLUDING THE CONTENT DISPLAYED ON THE MARKETPLACE BY SHOWFIELDS AND/OR BY PARTNERS AND THE USER GENERATED CONTENT.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN SHOWFIELDS.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET, SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. YOU AGREE THAT USE OF THE SERVICES AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

 

Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL SHOWFIELDS, INCLUDING SHOWFIELDS' REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SERVICES, AND/OR THE WIDGETS, AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SERVICES AND/OR THE CONTENT AND/OR THE FAILURE OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF SHOWFIELDS TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF SHOWFIELDS OR SHOWFIELDS' REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SHOWFIELDS OR SHOWFIELDS' REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, SHOWFIELDS' AND SHOWFIELDS' REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES AND/OR THE WIDGETS AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO SHOWFIELDS FOR USE OF THE SERVICES OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM SHOWFIELDS' REPRESENTATIVES.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

 

Indemnification 

You agree to defend, indemnify and hold harmless Showfields, including Showfields’ Representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Services and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Services; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

 

Amendments to the Terms 

Showfields may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site and/or App and/or In-Store Services and/or Marketplace on or after the Last Revised date, will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

 

Termination of these Terms and the Termination of the Services’ Operation 

At any time, Showfields may without notice discontinue your use of the Services (or any part thereof), at its sole discretion, in addition to any other remedies that may be available to Showfields under any applicable law.

Additionally, Showfields may at any time, at its sole discretion, cease the operation of the Services or any part thereof, temporarily or permanently, delete any information or Content from the Services, or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein, without giving any prior notice. You agree and acknowledge that Showfields does not assume any responsibility with respect to, or in connection with the termination of the Services’ operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms, shall so survive.

 

General 

(a) These Terms constitute the entire terms and conditions between you and Showfields relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Showfields, (b) any claim relating to the Services or the use thereof will be governed by and interpreted in accordance with the laws of the state of NY, USA without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the New-York City, NY, USA. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that the process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Showfields may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Showfields, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.

 

For Information, Questions or Notification of Errors, Please Contact: 

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to hello@showfields.com.

 

Last Revised: April _, 2020

Showfields Inc. (“Showfields”, “we”, “our” or “us”) welcomes you (the “User(s)”, or “you”) to our Site and App and other Services. We are committed to ensuring that your privacy is protected. We aim to be as open and transparent as possible around the information we collect when you visit and use our Site and App, including through the use of “Cookies”.

Introduction

This cookie policy (“Cookie Policy”) explains what Cookies (as defined below) are and how we use them. It also explains the different types of Cookies we use, and how you can change or delete them. We hope that this policy will assist you in understanding, and feeling more confident about, our use of Cookies.

For information on how your information is collected and used by us in general, please see our Privacy Policy at https://www.showfields.com/privacy_policy (“Privacy Policy”).

In this Cookie Policy, reference to “Cookies” includes cookies and all other files that collect information in a similar manner. Please note that most Cookies do not collect information that identifies you and will instead collect more general information such as how Users arrive at and use our Site or App or a User’s general location.

What are cookies?

Cookies are small text files which are stored on, and accessed from, your computer or mobile device when you visit or use the Site or App and other Services. We use cookies, web beacons, pixels, clear gifs and other similar tools (collectively, “Cookies”) on our Site or App and other Services to recognize your device from those of other Users of the Site or App or other Services, to improve the Services’, Site’s or App’s performance, to deliver a better and more personalized service according to the User’s individual interests and the device or browser used, to track Users’ use of the Site or App, to gather information about the Users’ approximate geographic location (e.g. city) to provide localized content, to prevent fraud and/or abuse, to estimate our audience size and usage pattern and perform other analytics, to develop our Services and to administer targeted advertising and our advertising campaigns to Users across different websites and devices.

How long will Cookies stay on my device?

Most of the Cookies we use are erased from your device immediately after your browser session terminates (“Session Cookies”). Other Cookies remain saved on your device and enable us to recognize your device in the event of a later visit to our Site or App (“Persistent Cookies”). Persistent Cookies allow us to make our Site or App more user-friendly, effective and safe and to record your acceptance of our cookie policy detailed herein. Please note that the data collected through Cookies will not be kept for longer than is necessary to fulfil the purposes mentioned above.

First and third party Cookies

First-party Cookies are Cookies that belong to us and that we place on your device. Third-party Cookies are Cookies that another party, which provides us a service, places on your device through your use of our Site or App and other Services. For example, to administer our Site or App and other Services and for research purposes, we have contracted third-party service providers to track and analyze statistical usage and volume information from our Users. Third-party Cookies may also be placed on your device by our business partners so that they can use them to advertise products and services to you elsewhere on the Internet.

Do we track whether users open our emails?

What sort of Cookies do our Site or App use?

Generally, our Cookies perform the following functions:

Essential Cookies – those Cookies are essential to navigate around the Site or App and other Services and use its features. For example, they allow us to remember your Cookie preferences and to verify if something is not working properly, so we can fix it quickly.

Analytical and Performance Cookies – those Cookies are used to analyze how our Users use our Site or App and other Services and to monitor the Site’s or App’s performance. For example, we might use performance Cookies to keep track of which pages are frequently visited and from what locations our Users come from. We might also use these Cookies to highlight Site or App services that we think will be of interest to you based on your usage of the Site or App. We generally use third party Cookies to perform these services, for example, Google Analytics.

Functionality Cookies – those Cookies allow us to operate the Site or App and other Services in accordance with your preferences when browsing or using the Site or App. For example, such Cookies save you the trouble of typing in a username every time you access the Site and App, and recall your customization preferences, such as your preferred text size, fonts, languages and other parts of the Site or App that are alterable.

Targeting and Tracking Cookies – those Cookies collect information about your activities on our Site or App and other Services, to provide you: (i) Online Behavioral Advertising, for which Cookies are placed on your device by our third party service providers to collect your web browsing activity and group together your interests in order to provide you with targeted advertisements which are more relevant to you when you visit or use our Site or App or other Services (please note that your web browsing activity history can be used to deduce certain demographic information which relate to you, such as your age and gender); and (ii) Retargeting, which enables our advertising partners to show you advertisements selected based on your online browsing activity on other websites, thus allowing companies to advertise to people who previously visited their website. We may allow our third-party service provides to use Cookies on the Site or App or other Services for the purposes identified above, including collecting information about your online activities over time and across different websites. For more information on the development of user-profiles and the use of targeting/advertising Cookies, please see //www.aboutads.info/choices/.

Social Networking Cookies – those Cookies are used so that Users can interact with the content of different social platforms (Facebook, Twitter, Pinterest, etc.) which are generated specifically for individual users of these social networks. The conditions of use regarding these cookies and the information collected is regulated by the privacy policy of the corresponding social platform.

Below are certain specific Cookies you can find on our Site or App or other Services:

Name

Type

Purpose

Google Analytics

Third party Tracking Technology

Performance cookie.

Hubspot

Third party Advertising (targeting) Cookies

Targeting and Tracking Cookies.

Adwords (Google)

Third party Advertising (targeting) Cookies

Targeting and Tracking Cookies.

Facebook Cookies

Third party Social Networking Cookies

Targeting and Tracking Cookies.



Can a User block Cookies?

Most devices and browsers will allow you to erase Cookies from your device’s hard drive, block acceptance of Cookies, or receive a warning before a cookie is stored. However, if you block or erase Cookies, your experience of the Site or App or other Services may be limited. Please note that unless you block the acceptance of Cookies, the Site, App or other Services will utilize Cookies upon your use of the Site, App or other Services (all unless it is required by applicable law to provide a separate consent to use such Cookies, and in which case we will use such Cookies only after we receive your separate consent to such use and subject to your right to withdraw such consent at any time). If you want to remove previously stored Cookies, you can manually delete the Cookies at any time. However, this will not prevent the Site, App or other Services from placing further Cookies on your device unless and until you adjust your settings as described above.

Below are links to instructions regarding the blocking of Cookies on commonly used web-browsers:

Chrome

Internet Explorer and Microsoft Edge

Mozilla Firefox

Safari

Opting out of performance Cookies

It is possible to opt-out of having your browsing activity within the Site or App recorded by performance Cookies. Please note that we use Google Analytics as our service provider in order to track Users’ activities on the Site or App, including by use such service’s persistent Cookies. Google provides a browser-add on which allows users to opt-out of Google Analytics across all websites, which can be downloaded here: https://tools.google.com/dlpage/gaoptout.

Opting out of target advertising Cookies

You can opt out of receiving interest-based advertising on your computer or laptop from some companies, including us and our service providers, by visiting the following sites: //www.aboutads.info/choices/, //www.networkadvertising.org/choices/, //choices.ghosteryenterprise.com/global-opt-out.html, and //preferences-mgr.truste.com/. If you wish to opt out of receiving interest-based advertising on your mobile device, please see the advertising preferences information on support.apple.com for iOS devices or support.google.com for Android devices. If you are accessing our Services from Europe, please see www.youronlinechoices.com. If you are accessing our Services from Canada, please see youradchoices.ca.

Changes to the Cookie Policy

Showfields reserves the right to change this Cookie Policy at any time, so please re-visit this page frequently to check for any changes. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and App or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Such material changes will take effect seven (7) days after such notice was provided on our Site and App or sent to you via e-mail, whichever is the earlier. Otherwise, all other changes to this Cookie Policy are effective as of the stated “Last Revised” and your continued use of the Site and App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

Have any Questions?

If you have any questions (or comments) concerning this Cookie Policy, please send us an email to the following address: hello@showfields.com and we will make an effort to reply within a reasonable timeframe.