Shelfie™ Terms of Use

Welcome to the exciting world of Shelfie™ brought to you by Shelfie Robot Pty Ltd (ABN: 58 615 582 217) (“Us” or “We”). We trust you (“You”) will enjoy all the many benefits of using this product (“Shelfie™”) that is the result of many years of development effort to provide You with an image analytics platform designed to provide insights into the physical shelves of a retail environment. Shelfie™is made up of an analytics platform, image capturing devices and reporting dashboard and other information. By using Shelfie™ You are deemed to have accepted the following terms and conditions (“Terms”).

  • We hereby give You a personal, worldwide, non-assignable and non-exclusive right to use Shelfie™ for the sole purpose of collecting images to provide insights into the physical shelves of a retail environment for a legal purpose.
  • You agree to pay all amounts due to Us for use of Shelfie™ in accordance with the plan You select (“Fees”). All value added tax or other such sales tax shall, if applicable, be payable by You in addition to the Fees. Failure to pay the Fees and such sales taxes when due may result in the immediate suspension of Your Shelfie™ account.
  • We offer the opportunity to purchase certain goods and services from within the Shelfie™ platform and on the Shelfie™ website at www.shelfierobot.com. All purchases You make are final and no refunds are offered or available unless otherwise indicated. If your account is cancelled or terminated at any time, all credits that you have not used by the date of cancellation or termination will expire immediately.
  • You agree to take all reasonable precautions to prevent any unauthorized access to or use of Shelfie™.
  • Without Our written permission, or unless authorized by applicable law, You may not copy, modify, distribute, sell, or lease any part of Shelfie™, nor may You reverse engineer or attempt to extract the source code of Shelfie™.
  • You hereby agree to follow all terms, conditions and instructions specified within Shelfie™ and only use Shelfie™ for the purpose for which it is intended and in accordance with all applicable laws.
  • We may cease providing You with access to Shelfie™ if You fail to comply with any of these Terms, or if We suspect You have done so, in which case all products and services that utilise any element of Shelfie™ may stop working. We accept no liability whatsoever for any cost, loss, damage or expense You or anyone else may suffer or incur as the result of Us so terminating the use of Shelfie™ or the deletion of any images or other information.
  • You hereby consent to the storage, analysis and other use of the images and other data collected and stored by Shelfie™. You hereby release Us from any liability whatsoever relating to how anyone may use Your images and related information, or that may result from any act or omission with regard to Your images and other data or the purpose for which they were provided.
  • You must not remove, obscure, or alter any branding, logos, legal or other notices displayed in connection with Shelfie™.
  • We retain all intellectual property rights in Shelfie™. Using Shelfie™ does not give You any ownership rights whatsoever in Shelfie™ or any content that may be accessed or gathered as a result of using Shelfie™.
  • We may send You messages and other information from time to time while You are using Shelfie™.
  • If You submit feedback or suggestions about Shelfie™, We may use Your feedback or suggestions without incurring any financial or other obligation to You.
  • Use of Shelfie™ does not guarantee any result whatsoever with regard to the purpose for which You use Shelfie™.
  • We regularly change and improve Shelfie™. We may automatically update Shelfie™ whenever a new version or feature is available or if We remove certain functionality for any reason. You will not do anything to restrict or prevent such updates applying to any products and services that You have developed or use in connection with Shelfie™. Access to Shelfie™ may temporarily be suspended during both scheduled and unscheduled maintenance and upgrades and We will not be liable for any damage, loss, cost or expense You may incur during or as a result of such suspension.
  • Shelfie™ may use third party technologies that We licence or otherwise use legally but We provide no warranty or assurance whatsoever that Shelfie™ will continue to use those technologies in future.
  • Shelfie™ may collect information about You and the services that You use and how You use them, and deliver such information to Us for our own use to provide, maintain, protect and improve Shelfie™, to develop new products and services, and to provide tailored content to third parties in accordance with our Privacy Policy that forms part of these Terms. By using Shelfie™, You agree that We can use any such information collected by Shelfie™ in accordance with these Terms. Under no circumstances shall We use or share any of Your images or related data other than in accordance with these Terms.
  • We will provide You with reasonable access to any personal information We store about You and give You the ability to update or delete it unless We have legitimate business or legal reasons to keep that personal information. We may combine information about You from Shelfie™ with information from other products We develop or own.
  • Excluding any images and other data which shall only ever be processed and stored on devices located in Australia, We may process and store information about You on a device located outside the country where You live.
  • Excluding any images and other data which shall only ever be used or shared with the Your consent in accordance with these Terms, We only share personal information about You with third parties when You provide Your consent to do so or when We are providing it to our suppliers for processing based on our instructions. We will also share Your personal information with other companies, organizations or individuals if We believe in good faith that it is required to comply with any applicable law or enforceable request by a government or other legal body.
  • We may share aggregated, non-personally identifiable information publicly and with our suppliers and partners for any purpose whatsoever subject to applicable law.
  • Shelfie™ allows You to upload, analyse, manage and store images and other data. You retain ownership of any intellectual property rights that You hold in that content. When You upload, analyse, manage and store images and other data to or through Shelfie™ You give Us (and our suppliers and contractors) a global royalty-free license to use, host, store, reproduce, modify, communicate, and distribute such content for the limited purpose of operating, promoting, and improving Shelfie™, and to develop new products and services, and to provide tailored content to third parties in accordance with our Privacy Policy that forms part of these Terms.
  • You can stop using Shelfie™ at any time, and We may stop providing all or some of Shelfie™ to You, in which case We will give You a reasonable opportunity to access and recover any images and other data that We may be storing as a result of Your use of Shelfie™. We reserve the right to delete any or all of Your images and other data if You cease to pay Us any amount required to use Shelfie™ or otherwise breach any of these Terms, in which case You hereby release Us from all liability for any cost, loss, damage or expense whatsoever that You or anyone else may suffer or incur as a result of Us deleting such images and other data.
  • You hereby agree that our fair use policy applies at all times to Your use of Shelfie™. You will not authorize or enable others to use Shelfie™ without paying the Fees to Us that are otherwise applicable to that use. You will only use Shelfie™ in a reasonable manner and not in any way that is excessive, immoral, fraudulent, in breach of anyone’s intellectual property or other rights, in breach of confidence or for any other illegal or immoral purpose. You will also not use Shelfie™ to transmit any unsolicited marketing material (spam). We may terminate your licence to use Shelfie™ if you breach our fair use policy.
  • We develop and provide Shelfie™ using a commercially reasonable level of skill and We trust that Shelfie™ will be of significant use and value to You, but other than as expressly set out in these Terms and as required by applicable law We make no specific representations or warranties whatsoever concerning Shelfie™ or Your use of Shelfie™. Shelfie™ is provided “as is” and to the maximum extent permitted by applicable law We hereby exclude all implied representations and warranties.
  • We will provide reasonable technical and other support for Shelfie™ in accordance with any agreement We have with You.
  • To the maximum extent permitted by applicable law, our total liability for any claims You may have under these Terms, including for any implied representations or warranties, is limited to the amount You paid Us to use Shelfie™. In no case whatsoever shall We be liable for any cost, loss, damage or expense that is not reasonably foreseeable or expressly stated.
  • If You do not comply with these Terms but We fail to take action immediately We are not giving up any rights that We may have to take action in the future. If any particular part of these Terms is not enforceable, this will not affect any of the other terms.
  • The laws of NSW, Australia will apply to any disputes arising out of or relating to these Terms or the use of Shelfie™, and You are deemed to consent to the jurisdiction of the courts of NSW, Australia.

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THIS AGREEMENT PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.