TABLE OF CONTENTS
These
Spidroin
Group (Pty) Ltd. spidroin.xyz
website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”).
Supplemental
terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make
changes or modifications to these
The
information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
Unless
otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws
and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws,
and international conventions. The Content and the Marks are
provided on the Site “AS IS” for your information and personal use
only. Except as expressly provided in these
Provided
that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy
of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all
rights not expressly granted to you in and to the Site, the Content
and the Marks.
By
using the Site, you represent and warrant that: (1) all
registration information you submit will be true, accurate,
current, and complete; (2)
you will maintain the accuracy of such information and
promptly update such registration information as necessary;
If
you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Site (or
any portion thereof).
4.
USER REGISTRATION
You
may be required to register with the Site. You agree to keep
your password confidential and will be responsible for all
use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We accept the
following forms of payment:
You may be
required to purchase or pay a fee to access some of our
services. You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the
Site. You further agree to promptly update account and payment
information, including email address, payment method, and
payment card expiration date, so that we can complete your
transactions and contact you as needed. We bill you through an
online billing account for purchases made via the Site. Sales
tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be
in U.S. dollars .
You
agree to pay all charges or fees at the prices then in effect
for your purchases, and you authorize us to charge your chosen
payment provider for any such amounts upon making your purchase.
If your
purchase is subject to recurring charges, then you consent
to our charging your payment method on a recurring basis
without requiring your prior approval for each recurring
charge, until you notify us of your cancellation.
We reserve
the right to correct any errors or mistakes in pricing, even if
we have already requested or received payment. We also reserve
the right to refuse any order placed through the Site.
We
offer a 7 -day
free trial to new users on request during a consultation or
demonstration session who register with the Site after
completing of either session. The account will not be charged and the
subscription will be suspended until upgraded to a paid
version
You
may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use
the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
9.
USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You
are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to
use and to authorize us, the Site, and other users of
the Site to use your Contributions in any manner
contemplated by the Site and these
Terms of Use . - You
have the written consent, release, and/or permission of
each and every identifiable individual person in your
Contributions to use the name or likeness of each and
every such identifiable individual person to enable
inclusion and use of your Contributions in any manner
contemplated by the Site and these
Terms of Use . - Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your
Contributions are not used to harass or threaten (in the
legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
- Your
Contributions do not violate any applicable law,
regulation, or rule.
- Your
Contributions do not violate the privacy or publicity
rights of any third party.
- Your
Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
- Your
Contributions do not include any offensive comments that
are connected to race, national origin, gender, sexual
preference, or physical handicap.
- Your
Contributions do not otherwise violate, or link to
material that violates, any provision of these
Terms of Use , or any applicable law or regulation.
Any
use of the Site in violation of the foregoing violates these
10.
CONTRIBUTION LICENSE
This
license will apply to any form, media, or technology now
known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide. You waive
all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your
Contributions.
We
do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for
any statements or representations in your Contributions
provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against
us regarding your Contributions.
We
have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your
Contributions.
11.
GUIDELINES FOR REVIEWS
We
may provide you areas on the Site to leave reviews or ratings.
When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not
contain offensive profanity, or abusive, racist, offensive, or
hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not
make any conclusions as to the legality of conduct; (7) you
may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post
reviews, whether positive or negative.
We
may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting
a review, you hereby
grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sublicensable
right and license to reproduce, modify, translate, transmit
by any means, display, perform, and/or distribute all
content relating to reviews.
12.
SOCIAL MEDIA
As
part of the functionality of the Site, you may link your
account with online accounts you have with third-party service
providers (each such account, a “Third-Party Account”) by
either: (1) providing your Third-Party Account login
information through the Site; or (2) allowing us to access
your Third-Party Account, as is permitted under the applicable
terms and conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to
disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern
your use of the applicable Third-Party Account, and without
obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider
of the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may access,
make available, and store (if applicable) any content that you
have provided to and stored in your Third-Party Account (the
“Social Network Content”) so that it is available on and
through the Site via your account, including without
limitation any friend lists and (2) we may submit to and
receive from your Third-Party Account additional information
to the extent you are notified when you link your account with
the Third-Party Account. Depending on the Third-Party Accounts
you choose and subject to the privacy settings that you have
set in such Third-Party Accounts, personally identifiable
information that you post to your Third-Party Accounts may be
available on and through your account on the Site. Please note
that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is
terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the
Site. You will have the ability to disable the connection
between your account on the Site and your Third-Party Accounts
at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not
limited to, for accuracy, legality, or non-infringement, and
we are not responsible for any Social Network Content. You
acknowledge and agree that we may access your email address
book associated with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely
for purposes of identifying and informing you of those
contacts who have also registered to use the Site. You can
deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact
information below or through your account settings (if
applicable). We will attempt to delete any information stored
on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become
associated with your account.
You
acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
14.
THIRD-PARTY WEBSITES AND CONTENT
The
Site may contain (or you may be sent via the Site) links to
other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other
content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third-Party Websites
accessed through the Site or any Third-Party Content posted
on, available through, or installed from the Site, including
the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion
of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide
to leave the Site and access the Third-Party Websites or to
use or install any Third-Party Content, you do so at your
own risk, and you should be aware these
15.
U.S. GOVERNMENT RIGHTS
Our
services are “commercial items” as defined in Federal Acquisition
Regulation (“FAR”) 2.101. If our services are acquired by or on
behalf of any agency not within the Department of Defense (“DOD”),
our services are subject to the terms of these
We
reserve the right, but not the obligation, to: (1) monitor the Site
for violations of these
17.
PRIVACY POLICY
We
care about data privacy and security. Please review our
Privacy Policy: https://spidroin.xyz/privacy-policy .
By using the Site, you agree to be bound by our Privacy
Policy, which is incorporated into these South
Africa South
Africa South
Africa South
Africa
These
YOUR ACCOUNT
AND
If
we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
We
reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on
our Site. We also reserve the right to modify or discontinue all or
part of the Site without notice at any time. We will not be liable
to you or any third party for any modification, price change,
suspension, or discontinuance of the Site.
We
cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site during any downtime or
discontinuance of the Site. Nothing in these
These Terms shall be governed by and
defined following the laws of South Africa Spidroin Group (Pty) Ltd. and yourself
irrevocably consent that the courts of Gauteng,
South Africa
Informal
Negotiations
To expedite resolution
and control the cost of any dispute, controversy, or claim
related to these 30
days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other
Party.
Binding
Arbitration
Any dispute arising out of or in connection
with this contract, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by
the International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The number
of arbitrators shall be one or a
three-arbitrator panel . The seat, or legal place, of
arbitration shall be the Gauteng
Division of the High Court in Johannesburg English .
The governing law of the contract shall be the substantive law of South Africa
Restrictions
The Parties agree that any arbitration shall
be limited to the Dispute between the Parties individually. To the
full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
22. CORRECTIONS
There may be information on the Site that
contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions
and to change or update the information on the Site at any time,
without prior notice.
23. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF
A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24. LIMITATIONS OF LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE
LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
25.
INDEMNIFICATION
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against
any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your
Contributions;
26. USER DATA
We will maintain certain data that you
transmit to the Site for the purpose of managing the performance of
the Site, as well as data relating to your use of the Site. Although
we perform regular routine backups of data, you are solely responsible
for all data that you transmit or that relates to any activity you
have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss
or corruption of such data.
27. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the
Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not
satisfactorily resolved, you can contact the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210 or
(916) 445-1254.
29. MISCELLANEOUS
These
30. CONTACT US
In order
to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at: [email protected]