Terms and conditions

The agreement

By using our website and notification technology you are agreeing to these terms and conditions so that we can deliver email notifications of price changes on third party websites. If you do not agree to these terms of use, please refrain from using our website. If you are unsure about any aspect of these Terms & Conditions or have any questions regarding our relationship with you, please contact us.

The service

We provide a fully independent and online notification service for sales, designed to save you time and money when it comes to purchasing a sale item. You choose your desired item, the website you want to order it from, your desired discount, and we watch that website and notify you when/if your desired item reaches your desired price point.

 After completing an online form via our website, you agree that you will receive an initial email from us. This email will confirm you have used our website and that your desired sale details have been saved in our database. We will also send you an email when/if you item reach your desired price point. You cannot opt out of receiving these emails.

The company

Sale Stalker LLC is a Limited Liability Corporation registered in the state of California, in the United States of America.

Your responsibilities

We will provide you with a notification of sales based on the information you have provided to us. You are responsible for filling out the online form correctly. We cannot be held responsible for incorrect information that you enter.

In order to purchase a sale item we have notified you of, you will need to provide a link (URL) to the exact product on the retail website you wish us to watch. We cannot be held responsible if you enter an incorrect link, or if the link changes or disappears due to circumstances beyond our control.

It is important that you read the terms and conditions of whichever website you wish us to watch, to check that you understand and agree with them. The terms and conditions on your desired item’s website are not the same as ours and they will be the terms which you will be agreeing to when purchasing an item.

If the information supplied by you is not correct, it is your responsibility to identify the mistake on your desired item’s third party website. We do not accept any responsibility to you if your sale notification is incorrect because you made a mistake in providing the correct information on our online form.

Complaints

We set ourselves very high standards and look to provide these high standards in everything we do, but we also know there may be occasions when you feel we have not achieved this. In these rare cases we want you to tell us as this is the only way we'll be able to improve our service. Email us at: info@sale-stalker.com.

 If your complaint relates to the company/seller of your desired item, you will need to take up your complaint with them directly. We are in no way affiliated with the websites/companies of items we watch.

Our liability

We are responsible to you for attempting to watch for price drops on items you give us to watch. If we fail to watch it correctly due specifically to an error on our part, our liability is limited to the price you paid for our service, for each item on which our error occurred, and we will provide a refund of the price you paid for your service, on that item, at our discretion.

We are not responsible to you for:-

a.     any losses you suffer because the information you put into our sale notification website is inaccurate or incomplete; or

b.    any losses you suffer if the information you put into our sales notification website is accurate but the retail company's website has not accurately reflected that information because the retailer’s system not working adequately; or if the retailer changes or removes the URL you gave us; or

c.    any losses you suffer because you cannot use our price comparison website at any time; or

d.     any losses you suffer through connecting to any linked third party websites or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website and we do not guarantee that they are free from viruses or anything else that could be infectious or destructive; or

e.     if our website is unavailable at any time or for any period; or

f.    any errors or omissions in our website; or

g.     any losses you may suffer by relying on any commentary or postings on our website; or

h.      any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it; or

i.      the privacy policies and practices of other linked third party websites, even if you access them using links from our website; or

j.     any unauthorised access or loss of personal information that is beyond our control; or

k.    any losses you suffer (including missed savings or any other lost opportunity cost) due to a lack of your size/colour/item/any other variation that you want to buy when we notify you that the general item is on sale; or

l. any losses you suffer because we fail to notify you of a sale; or

m. watching the prices of any items that are not online; or

n. any other losses that may occur, even if they are our fault.

In no case shall our liability be more than the price you paid for our service, on the particular item for which you claim our service failed.

 

Accessing our website

Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.

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

If you choose, or you are provided with, a user identification code, password or any other piece of information 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 of use.

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

Other important information

Intended use

The use of Sale Stalker services shall be governed by the laws of the State of California. While we will make every effort to offer our services worldwide, we cannot be held responsible if your use of our website violates your local laws. You are responsible for ensuring that your use of our service is legal under your local applicable laws.

Links to other websites

We monitor links to third party websites as part of our service. We accept no liability for any statements, information, content, products or services that are published on, or may be accessible from, these third party websites. We can also give no guarantee they are free from viruses or anything else that could be infectious or destructive.

Website content

We have taken every step to ensure the information contained and displayed on our website is accurate and up-to-date. However, we can accept no liability for any errors or omissions. We reserve the right to add, amend or delete content from the website at any time.

Commercial use

Please note this website is for non-commercial, personal use only. In particular, retailers may not use our service to compare their prices with the prices of their competitors. Nor do we allow our code to be downloaded, reverse-engineered, or otherwise deconstructed in order to understand how we do what we do. We reserve the right to take legal action against any person or company who uses our website and/or services for commercial use or in any other unauthorised manner. This includes (but is not limited to) breach of copyright, processing multiple sale notifications for other customers or companies, and other companies checking their sale notification processes against those presented on this website.

Intellectual property

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. This includes, but is not limited to, all trademarks, logos, business names, trading names, design rights, database rights, copyright and any other intellectual property rights in our website. The website is protected by copyright laws and treaties around the world. All such rights are reserved save as expressly stated in these terms.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference only and you may draw the attention of others within your organisation to material posted on our website, subject to the following conditions:

a.     the material may not be used for commercial purposes without obtaining a licence to do so from us or our licensors;

b.    the copies must retain any copyrights or other intellectual property notices contained in the original material;

c.     any images on the website are protected by copyright and may not be reproduced or used in any manner without written permission from the owner; and

d.    you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, logos, designs or any graphics separately from any accompanying text.

e.     our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (in whatever format).

Reliance on information provided

Commentary and other materials posted on our website or emailed to you are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, recipient of an email from our website, or by anyone who may be informed of any of the contents thereof.

Viruses, hacking and other offences

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.

You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under any of several national or international laws.  For example, if you are a resident of the United Kingdom, you would be in violation of The Computer Misuse Act 1990; if a resident of the United States of America, The Computer Fraud and Abuse Act.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

Amendments

We reserve the right to amend our terms and conditions at any time. The amended terms will be effective from the date they are posted on our website.

Privacy statement

Data protection

This policy has been developed because we want you to feel confident about the privacy and security of your personal information entered on our website. We follow strict security procedures in the storage and disclosure of your information as required by law. Our security procedures mean that we may ask for proof of your identity before we will disclose information about you, or to you, be this on our website via email or over the telephone.

In order to provide our service to you we need to collect and process personal information about you (such as your email address). This information is necessary to provide you with the services that you have requested. All personal information will be held in strictest confidence and used only for the purposes for providing you the service requested, subject to certain exceptions as described below.

How we use your personal data

Your personal information is used for the purpose of notifying you of a sale on an item of your choosing. Our sales notification technology will disclose the information you have entered into the Sale-stalker.com website for the purpose of providing us with price data on the requested product. We will also be using your data for our own research policies. By using our website you are giving us permission to use your data in this way.

After completing an online form via our website, you agree that you will receive an initial email from us. This email will confirm you have used our website and that your requested sale data has been saved for you. We will also send you an email when/if your item reaches your desired sale price point. You cannot opt out of receiving these emails. From time to time we may also send you promotional materials related to Sale Stalker or our related ventures.  You may opt out of these emails.

Except as set out in this Privacy Statement, we will not disclose any of your information to other parties without your permission unless we are legally required to do so by, for example, a court order or for the purposes of prevention of fraud or other crime. By submitting information into our website, you consent to the processing of this data about you by us and the product providers.

Marketing

Additionally, Sale-stalker.com and other carefully selected third parties may use your information to keep you informed by post, telephone, SMS or email about our current and new products and services which may be of interest to you. We, or a carefully selected third party, may also use the information you supply to perform market research, contact you to ask for your feedback or to notify you of relevant changes to our business. Your information may also be disclosed and used for these purposes after your policy has lapsed.

Sale-stalker.com utilises a third party software and storage solution to analyse the information that you have provided to us in order to ensure that the marketing that you receive is as relevant and beneficial to you as possible. Sale Stalker at all times retains full ownership of your information and ensures that it is secure at all times.

If you are not happy for your data to be used in this way, you can unsubscribe to remove your details from our contact list. If you have further queries with regards to your personal data, please feel free to email us at info@sale-stalker.com, or write to us at:

Sale Stalker LLC

4521 Campus Drive #103

Irvine CA 92612

If using paper mail, please allow 2-4 weeks for processing.

Unsolicited emails and phone calls

If you click through to a third party website from our website, we cannot guarantee you will not be contacted by these parties. We recommend that you read their Terms & Conditions regarding your right to opt-in or out of receiving further contact from them.

Monitoring

Monitoring or recording of your calls, emails, text messages and other communications may take place in accordance with U.S. law, and in particular for business purposes, such as for quality control and training; processing necessary for the entering into or the performance of a contract; to prevent unauthorised use of our telecommunication systems and websites; to ensure effective systems operation; to meet any legal obligation; in order to prevent or detect crime; and for the purposes of the legitimate interests of the data controller.

Confidentiality

We will endeavour to treat all your personal information as private and confidential. Other than under the terms of this Privacy Statement we will not disclose any of your information to anyone except where we are obligated to by law.

Our use of Cookies

When you take your journey through our website, we may store some information on your computer. This information will be in the form of a "Cookie" or similar file and can help us in many ways. For example, we need to use cookies to store your information temporarily, after you have submitted a stalk, but before you have paid for it; only after receiving payment do we submit your stalk to our “watch” database. Cookies are a common method used by almost every website you visit, and many websites will not function at all without these helpful files. Cookies are basically small text files placed on your computer. To find out more about Cookies in general, please visit http://www.allaboutcookies.org.

If you choose to, you can set your web browser to reject cookies from our service, although you may not be able to experience the full service we provide if cookies are disabled. You can see more information about the cookies that may get placed while using our website in our Cookie policy.

Law

These terms of trading are subject to California law and to the exclusive jurisdiction of the California courts. You acknowledge that by providing data to us, you consent to the processing of your data in accordance with this privacy and security statement.

Security statement

Website security

We do not use secure sockets layer (SSL) 128-bit encryption technology when you enter a stalk. Thus, it is possible (though unlikely) that hackers could link your email address to the items you stalk and the price you ask. To check that you are in a secure area of our website look at the bottom of your browser and you will see a closed padlock. Once your data is in our stalk database, it is hidden behind a firewall accessible only through an encrypted link to the outside world. All this technology and our policies are to safeguard your privacy from unauthorised access/improper use and we will continue to update these measures as new technology becomes available.  All payments are handled by a third part---we do not store, nor do we ever have access to, your financial information.

Third party site security

If you use links on our website that lead you to external websites (including when you link through to purchase a sale item), we will have no control over the way your information will be processed. As other websites may handle your information in a different way, we recommend that you check the privacy policies of each website that you visit.

Be aware

Please be aware that communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered - this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

T&C08/04/2014