Futian Shop Management Terms of Service
These Terms of Service ("Terms", "Terms of
Service", “Agreement”) constitute an agreement between you (“you” or
“Customer”) and SpiderNet Softwares India, Inc. ("us",
"we", or "our", “SpiderNet Softwares”), and govern your use
of the Futian Shop Management mobile
application (the "Service", or “Futian
Shop Management”). Please read these Terms of Service carefully before
using Futian Shop Management. These
Terms of Service apply to the iPhone and iPad versions of Futian
Shop Management.
Your access to and use of the Service is conditioned on your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these
Terms. If you disagree with any part of the terms, then you may not access the
Service.
This Agreement is concluded between SpiderNet Softwares
and the Customer, and not with Apple, and SpiderNet Softwares is solely responsible
for the Service and the content thereof. Although Apple is not a party to this
Agreement, Apple has the right to enforce this Agreement against you as a third
party beneficiary relating to your use of the Futian
Shop Management iOS app.
1. Disclosure, Validity and Amendment of Terms
1.1 We will disclose these Terms on the connecting page of Futian Shop Management to help you to check
these terms, together with the name, place of business, the name of
representative(s), contact numbers and email address, of SpiderNet Softwares.
1.2 We may amend these Terms to the extent permitted
by the Regulation of Standardized Contracts Act, and any other applicable laws.
If an amendment is material, we will try to provide at least 30 days’ notice
prior to any new terms taking effect.
1.3 If any terms of these Terms are amended by us, all amended
terms shall be effective by continuing to access or use our Service. If you do
not agree to the new terms, please stop using the Service.
The Service and its original content, features and functionality
are and will remain the exclusive property of SpiderNet Softwares and its
licensors.
3. Futian Shop Management Scope of
License
Subject to the terms of this Agreement, SpiderNet Softwares
hereby grants you a non-exclusive and non-transferable license (without right
of sublicense) to use Futian Shop
Management on any iPhone, iPad that you own or control, as permitted by the
Usage Rules set forth in the App Store Terms of Service.
4. Restrictions on Use
You may not rent, lease, lend, sell, redistribute or sublicense Futian Shop Management. You may not copy
(except as expressly permitted by this agreement or the Usage Rules set for the
in the App Store terms of service), reverse engineer, decompile or disassemble,
or otherwise attempt to derive the source code of, reverse engineer, creative
derivative works of, or circumvent the copy protection or payment validation
technology of Futian Shop Management,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation, or to the extent as may be
permitted by the licensing terms governing use of any open sourced components
included with Futian Shop Management,
or with express written permission from SpiderNet Softwares. If you breach this
restriction, you may be subject to prosecution and damages. The terms of the
license will govern any upgrades provided by SpiderNet Softwares that replace
and/or supplement the original Futian Shop
Management product, unless such upgrade is accompanied by a separate
license in which case the terms of that license will govern.
5. Maintenance and Support
SpiderNet Softwares may, but is not obligated to,
provide maintenance or technical support for Futian
Shop Management, except as provided herein. If you are a user to Futian Shop Management, SpiderNet Softwares
will make a best effort to respond to your support requests within 10 business
days (excluding Indian public holidays), but does not guarantee such support.
To be eligible for expedited support provided herein, you agree to request
support by e-mail to the relevant e-mail address as provided herein: For Futian Shop Management Team, SpiderNetSoftwares@outlook.com. To the extent that
any maintenance or support is required by applicable law, SpiderNet Softwares,
not Apple, shall be obligated to furnish any such maintenance or support.
6 Subscriber License
6.1 The Subscriber License applies to any Exported Files produced
in Futian Shop Management while you
are a current paid subscriber to Futian Shop Management.
6.2 The Non-Subscriber License applies to any Exported Files produced
in Futian Shop Management while you
are not a current paid subscriber to Futian Shop Management.
7. Payments
7.1 All payments are processed through the App Store, not directly by
SpiderNet Softwares.
7.2 Except when required by law, SpiderNet Softwares shall be under no
obligation to issue refunds under any circumstances. SpiderNet Softwares shall
determine whether to issue a refund based on the guidelines of the App Store,
or at SpiderNet Softwares sole discretion if no relevant guidelines are not
provided. If SpiderNet Softwares determines that you are entitled to a refund,
such refund will be processed via the same payment provider that processed the
original payment.
8. Links to Other Services
Our Service may contain links to third-party web sites or
services that are not owned or controlled by SpiderNet Softwares. SpiderNet
Softwares has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third-party web sites or services. You
further acknowledge and agree that SpiderNet Softwares 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 web sites or services.
We strongly advise you to read the terms and conditions and
privacy policies of any third-party web sites or services that you visit.
9. Termination
9.1 Termination by you:
You may terminate these Terms at any time by notifying us of
your intent to terminate.
You shall be solely responsible for any consequences arising out
of a termination notice sent, and upon termination of these Terms, we may
withdraw all benefits additionally granted to you by us.
9.2 Termination by us:
a) We may terminate these Terms in the event of occurrence or
finding the following:
i) violation of, infringement upon or damage to the rights,
reputation, credit or any other interest of any third party, or breach of Indian
laws/regulations or public order and good morals;
ii) Obstruction of or any try to impede the proper
processing of the Service provided by us
iii) Circumstances in which we find it necessary, in its
reasonable judgment, to refuse the provision of the Service
b) If we terminate these Terms with you, we will notify you of
its intent of termination by disclosing the reason(s) for termination. These
terms shall be terminated at the time when we notifies you of its intent of
termination.
c) When these Terms is terminated pursuant to this Article, we
may withdraw all benefits additionally granted to you by us.
10. Term and Suspension of Provision of the Service
10.1 The term of the provision of the Service will begin from
the date on which use of the Service are applied for, and ends on the date of
termination of these Terms.
10.2 We may suspend its provision of the Service temporarily
upon the occurrence of a justifiable event, including without limitation, the
maintenance, repair, examination, replacement of information and communications
facilities (such as computers), or if such facilities are out of order; provided
that a notice containing the fact and reasons for temporary suspension of the
Service shall be displayed on the initial landing page of the Futian Shop Management web site.
10.3 We may restrict or temporarily suspend its provision of the
Service if it is unable to provide the Service due to an act of God or a force
majeure event equivalent thereto.
11. Disclaimer, Product Claims, and Intellectual Property Rights
11.1 We expressly disclaim any and all promises or warranties of
any kind regarding matters not set forth in the Terms of Service to the fullest
extent permitted by law. To the extent any warranty exists under law that
cannot be disclaimed, SpiderNet Softwares, not Apple, shall be solely
responsible for such warranty.
11.2 We shall not be liable for any disruption or other
interruption in the use of the Service that has arisen for a reason
attributable to you.
11.3 In the event of any third party claim that Files produced
by you in Futian Shop Management infringes
that third party’s intellectual property rights, you, not SpiderNet Softwares
or Apple, will be solely responsible for the investigation, defense, settlement
and discharge of any such intellectual property infringement claim.
11.4 In the event of any third party claim that Futian Shop Management or the your possession
and use of Futian Shop Management infringes
that third party’s intellectual property rights, SpiderNet Softwares, not
Apple, will be solely responsible for the investigation, defense, settlement
and discharge of any such intellectual property infringement claim.
11.5 We shall not be liable for punitive, special, indirect,
consequential or incidental damages, or lost profits or any other damages,
costs or losses arising out of or in connection with your use of the Service
under any circumstances.
11.6 If you use the Service other than the uses expressly
permitted by the Terms of Service, you are solely responsible for any damages,
claims, costs or losses arising out of or in connection with such use of the
Service. You further agree to indemnify us for all costs and expenses that we
suffer or incur in the event that you breach any of the Terms of Service.
12. Consent to Use
You also agree to the terms of the full Futian
Shop Management privacy policy, available at http://www.spidernetsoftwares.com/iPhoneFutianShopPrivacyPolicy/
13. Others
13.1 Our failure to enforce any right or provision of these
Terms will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect.
13.2 These Terms constitute the entire agreement between us
regarding our Service, and supersede and replace any prior agreements we might
have between us regarding the Service.
13.3 Neither you nor us shall transfer any
rights and obligations under these Terms to a third party without the express
consent of the other party.
Contact Us
If you have any questions, complaints or claims with respect to
the Service, or to inquire about a license that not otherwise provided herein,
please contact us.
Contact information:
SpiderNet Softwares
Room No. 5, First Floor, Sea View
Malvani Church, Marve Road, Malad West,
Mumbai 400095 India.
+91 9920628771
SpiderNetSoftwares@Outlook.com