These Terms of Use (“Terms & Conditions” or “Terms”) regulate how Shelvz s.a.l (“Shelvz” and/or “we” and/or “us”) provides geolocalisation and relocalisation services (“Services”).

The Services are available on or through the www.shelvz.com website and/or App (“Site” and/or “App”). The Site and App are produced and operated by Shelvz s.a.l, a Lebanon based company.

By accessing the Shelvz Site and/or App and using the Services, you agree to, and follow, the terms and conditions set forth in these Terms. The use of the Services on third party and/or partner sites is subject to compliance with these Terms and any end user license agreement that might accompany any and all Services. The provision of the Services is provided free of charge but subject to these Terms. If you do not wish to be bound by the Terms, you are not authorized to use the Site and/or App.

Definitions

“App” means any application created by us for the use of any of our Services;
“App Store” means the app store operated and owned by Apple Inc or by Google Play or any other store for selling apps and protected by trademarks;
“Mobile Device” means a mobile phone or other mobile communication device which is compatible with the App;
“Trade Marks”means all registered and unregistered trademarks and designs of Shelvz.

Use of Site and App

Access and use of the Services requires the registration or the creation of an account with Shelvz. All registration information you submit must be accurate and updated. You are responsible for all use on your account, including unauthorized use by any third party- please be careful to guard the security of your password and Shelvz alphanumeric code. We reserve the right to immediately terminate or restrict your account or your use of the Services at any time, without notice or liability, if Shelvz determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.
In order to participate in certain Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

You must be of legal age in your country of origin to use the Site and/or App, otherwise, do not access or use the Site and/or App.

In respect of any user identification code, password or any other piece of information provided as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

Access to our Site and the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide on our Site or in connection with the App without notice. We will not be liable if for any reason our Site or the App is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or our entire Site or the App or some parts of the App, to users who have registered with us.

The material displayed on our Site or in connection with the App is provided without any guarantees, conditions or warranties as to its accuracy. We may at any time alter the content of our Site or the App without communicating the alteration to you.

Where our Site or App contains links to other sites, apps and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, or how they handle any links we provide to them, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Using our Site may result in cookies being set and by continuing to browse the Site, you are agreeing to our use of cookies.

You acknowledge that Shelvz may change, suspend, or discontinue — temporarily or permanently — some or all of the Services in its sole discretion. You also agree that Shelvz will not be liable to you for any modification, suspension, or discontinuance of the Services.

You are responsible for using compatible equipment and any internet or other costs you may incur to access Shelvz Services.

By using our Site or the App you are agreeing to be bound by the Terms of Use of Google Maps API. For details please click here http://developers.google.com/maps/terms

You may only cancel a contract to use the App to the extent permitted by the relevant App Stores’ terms and conditions.

We give no warranty for the quality or reliability of the services provided by any App Store.

We shall not be liable to you for any loss of connection to the internet from your Mobile Device or malfunction or failure of the in-built GPS in your Mobile Device, which prevents you accessing the App.

IN NO EVENT SHALL SHELVZ OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “SHELVZ PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SHELVZ SERVICES. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SHELVZ PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SHELVZ SERVICES (INCLUDING YOUR USE OF THE CONTENT).

Intellectual Property

Shelvz and/or its suppliers and/or its licensors, as applicable, retain ownership of all proprietary rights in the Services, the Site and/or App, and in all trade names, trademarks, service marks content associated or displayed with the Services (the “Intellectual Property”) on the Site and/or App.

You acknowledge that rights in the Intellectual Property are licensed to you for use and that you have no rights in, or to, the Intellectual Property other than the right to use the Intellectual Property in accordance with these Terms.
The Intellectual Property shall remain our property, but in consideration of you agreeing to abide by these Terms, we shall grant you a non-assignable, non-transferable, non-exclusive and revocable license to use the Intellectual Property for the sole purpose of using the Services as permitted by these Terms and any App Store rules. Such license is conditional on you having paid all necessary charges to us to use such Services and on you keeping intact all copyright and other proprietary notices. Any copying, re-utilization, extraction, reproduction or redistribution of the content of the Intellectual Property is expressly prohibited, and this shall include but not be limited to copying or reproducing the content of the Intellectual Property to any other server or location for further reproduction or redistribution.
You may download a copy of the App onto your device to view, use and display the App on the device to access the Services for your personal and non-commercial purposes only. You are not permitted or licensed to use the App or the Services for any other purpose and nothing in these Terms shall be deemed to grant you any right, title or interest in the App or the Services.

You have no right, and shall not permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify or reproduce the App or the Services in any way without obtaining our express prior written consent in each instance or to the extent required by law.

You may use our logo, content and trademarks acknowledging that this use is under license from us, and that your use will not cause any confusion as to their ownership.

Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Intellectual Property, our Site, the App and the material published on it.

Our technology for the operation of our Site and the App is subject to patent protection.

Photo, Video and Other Content Uploading

By uploading any photograph, video or other content to the Site and/or App you represent and warrant that:
you are the sole author and owner of the intellectual property rights thereto and no use by us shall cause us to infringe the rights of any third party;

all “moral rights” that you may have in such uploaded content, for example, the right to be named as the creator of your photograph, have been voluntarily waived by you;

photographs/videos are not obscene, defamatory, libelous or otherwise unlawful, or likely to damage our reputation; and

use of the content you supply does not violate these Terms.

We reserve the right in our absolute discretion to withdraw or suspend the provision of the content upload service to you and remove any photographs, videos or other content you have uploaded without prior warning if you are in our sole opinion in breach of any of the provisions herein. You agree that you will compensate us for any costs, loss, or damage of any kind incurred by us as a result of any breach by you.

By uploading any photograph, video or other content you are agreeing that we may display the content on our Site, App and that when displayed we may include your name as submitted by you in the uploading process. We are not responsible for any unauthorized use of your photograph, video or other content by visitors.

By uploading any photograph, video or other content you are agreeing that we may at any time edit, publish and use your content in any and all media (now or later developed) for promotion, news and information purposes and as part of our goods and services, without any payment to you. You agree to sign any necessary documentation or take any action that may reasonably be required for us and our group and affiliate companies to make use of the rights you grant above.

We do not guarantee that you will have recourse to edit or delete any photographs, videos or other content that you have uploaded.

Liability

We shall not be liable to you for any failure, however caused, to find any location, to which Shelvz apply or for any consequence of the failure to find such location.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
Where we supply to you coordinates for a location as part of our Services, for use with satellite navigation devices, we shall not be liable to you for any inaccuracies in the coordinates supplied nor for any consequence, however arising, of the provision of inaccurate coordinates.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Force Majeure. Force Majeure means any act or event beyond our reasonable control, including without limitation accident to or breakdown of delivery vehicle, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

General Terms

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree to such transfer in writing.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by, and construed in accordance with, the laws of Lebanon without giving effect to principles of conflicts of law. In the event of any dispute arising out of or in connection with the Terms, the matter is to be submitted to settlement proceedings under the Lebanese Mediation Center (LMC) of the Chamber of Commerce, Industry and Agriculture of Beirut and Mount Lebanon (CCIA-BML) Mediation Procedure. The mediator will be appointed by the LMC. If the dispute has not been settled within 45 days following the filing of a request for mediation, such dispute shall be finally settled under the Rules of Arbitration of the Lebanese Arbitration Center of the Chamber of Commerce, Industry and Agriculture of Beirut and Mount Lebanon (CCIA-BML) by one arbitrator appointed in accordance with the said Rules of Arbitration. Arbitration will be conducted in English in Beirut.
These Terms, including Shelvz’s Privacy Policy and any end user license agreement that might accompany the Services, constitute the entire legal agreement between you and Shelvz and govern your use of the Services. If any part, term or provisions of these Terms is found to be illegal or unenforceable by the court, the remainder of these Terms shall continue to govern our provision of the Services to you.

Modification

Shelvz may amend these Terms at any time by posting the amended Terms of Use on the Site at www.shelvz.com and App. You agree and have the obligation to review these Terms regularly to be aware of any such modifications. Your continued use of the website shall be deemed to be your conclusive acceptance of any modified version of the Terms.