SpiderNet
Online ERP System 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 SpiderNet Online ERP System mobile application (the
"Service", or “SpiderNet Online ERP System”). Please read
these Terms of Service carefully before using SpiderNet Online ERP System.
These Terms of Service apply to the iPhone and iPad versions of SpiderNet
Online ERP System.
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 SpiderNet
Online ERP System iOS app.
1. Disclosure, Validity and Amendment of Terms
1.1 We will disclose these Terms on the connecting page of SpiderNet
Online ERP System 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. SpiderNet Online ERP System 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 SpiderNet Online ERP System 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 SpiderNet
Online ERP System. 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 SpiderNet Online ERP
System, 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 SpiderNet Online ERP System, 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 SpiderNet Online ERP System 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 SpiderNet Online ERP System,
except as provided herein. If you are a current, paid subscriber to SpiderNet
Online ERP System, 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 SpiderNet Online ERP System 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 SpiderNet Online ERP System while you are a current paid
subscriber to SpiderNet Online ERP System.
6.2 The Non-Subscriber License applies to any Exported Files
produced in SpiderNet Online ERP System while you are not a current paid
subscriber to SpiderNet Online ERP System.
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 SpiderNet
Online ERP System 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 SpiderNet Online ERP System 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 SpiderNet
Online ERP System or the your possession and use of SpiderNet Online ERP
System 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 SpiderNet Online ERP
System privacy policy, available at http://www.spidernetsoftwares.com/iPhoneOnlineERPPrivacyPolicy/
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