SERVICE AGREEMENT

Last updated: February 23, 2020
These Terms of Sale (“Terms of Sale” or “Agreement”) are a legal document that explains your rights and obligations as a Customer. Please read it carefully.

DEFINITIONS

Customer: You, the user of the Website (and addressee of these terms)
Merchant: Spider Connect is owned by Establishment Shabakah Al-Tawasul for Trading, a Saudi company.
Customer and Merchant may hereafter be collectively referred as the “Parties”.

2. Notification of Changes:

Spider Connect security and Privacy Policy is periodically reviewed, might change as Spider Connect updates and expands the Services. Spider Connect will endeavor to notify you of these changes but will not be liable for any failure to do so. Once the new Policy is posted, the Policy will become effective after your continued use of the Services. We may provide additional “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific Services. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your Personal Information. Spider Connect encourages you to review this Privacy Policy periodically. If you have any questions you can contact us at info@spider-connect.com.

Product(s): Product(s) sold on the Website

Website or Store:

the Merchant’s online store website accessible at https://spider-connect.com/shopp

PREAMBLE:

The present Terms and Conditions of Sale define and regulate the contractual relation between the Merchant and you, the Customer, also defined below as the user of the Website.

The present Terms and Conditions of Sale apply exclusively between the Merchant and any person who visits the Website or makes a purchase from the Website. You have access to and may become familiar with the Terms and Conditions of Sale directly on the Website. These Terms and Conditions of Sale may be altered at any point in time, at the discretion of the Merchant. Enforceable terms and conditions consist those published on the Website, binding as of their date of registration. At all times, you are solely responsible for remaining knowledgeable about, and in compliance with, these Terms & Conditions of Sale. Your failure to cancel your Account, or cease to use the Merchant’s ecommerce solutions affected by the amendment will constitute your tacit acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease to use the Merchant’s ecommerce solutions. The Merchant shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall the Merchant have any obligation to prorate any fees in such circumstances. The information given on the said Website may be modified by the Merchant without prior notification. The simple act of placing an order on the Website implies acceptance, without reserve, of the present Terms and Conditions of Sale.

Scope of this agreement:

The deployment and management (“Services“) of wireless beacons (“Products”), is governed solely by this Agreement and other documents which may be executed by the Parties in this regard.

User Account:

To make a purchase on the Merchant’s branded-ecommerce Store, you may complete the Store’s registration process, and create a Store account (“Account”). All members must be 13 years or older to create an account on the Store. Your Account may also include billing information you provide to the Merchant for the purchase of Subscriptions, for per-orders or for faster future purchases. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on the Store that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by these Terms of Sale.
Please inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Merchant reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Merchant can allow you to register again.
You also understand and acknowledge that Accounts are user rights binding you to such an Account, and that the Merchant does not recognize any transfer of Accounts (including transfers by operation of law) from one subscriber to any third party. Each customer shall be the sole holder of his own Account.
Your purchase is subject to product requirements which you must read before purchasing a product. The act of making a purchase constitutes your tacit understanding and compliance with these requirements. The Merchant shall not be held responsible for any loss, incompatible or erroneous purchases. We encourage you to contact our customer services, in such an event, so we may resolve your problem to the best of our ability.
You agree that you will be personally responsible for the use of your Account and for all activity on the Store that results from use of your Account. Your online conduct is expected to be in good faith, non-abusive and seeking any other personal interest other than the services provided. You will otherwise be held in contempt and, at the discretion of the Merchant, ensuing legal procedure may incur.
You may cancel your Account at any time. You may cease use of an Account at any time or, if you choose, you may request that we terminate your access to an Account. However, Accounts and product delivery are not transferable and product purchase transactions entitle you to a single right to the delivery of a product. Your cancellation of an Account will not entitle you to any refund for any products or fees. The Merchant holds the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. The Merchant may cancel your Account at any time, in the event that (a) the Merchant closes down the Store, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use). In the event that your Account is terminated or cancelled by the Merchant for a violation of these Terms of Sale or improper or illegal activity, no refund, including of any Subscription fees or of any unused funds in your Account, will be granted.

Stock Availability and Sales Fulfillment:

Products are for sale within the limit of available stock. Offers for Products that are out of stock shall be valid on the condition that they can be obtained from the Merchant’s suppliers. The Merchant shall grant a limited license of access and use of the Website. The processing and delivery of orders shall always be honored upon availability of stock. Application
Your Order is a binding offer to the Merchant to purchase the said Services and Products. Upon the placement of an order an ensuing and immediate confirmation message will be displayed followed by a confirmation email to you. Such automatic confirmation does not constitute an acceptance by the Merchant of your order, but a notice of acknowledgement. The Merchant’s acceptance of your order shall occur and a contract shall form only once the Merchant approves the order. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we’ve dispatched the product to you (the “Fulfillment Confirmation E-mail”).
If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Fulfillment Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Fulfillment Confirmation E-mail. Your contract is with the Merchant.

Orders and Use of the Services:

The orders shall be placed exclusively via the Internet. Automatic order confirmation errors may occur. Please check the automatic order confirmation for errors and inform us immediately of any discrepancies. You guarantee all data provided during registration is true, accurate, up-to-date and complete. Orders will only be accepted from Customers 13 years of age and older.
The Merchant holds the right to cancel or refuse any order from a Customer with whom a previous order’s payment litigation is being resolved.
You consent to receive sales invoices electronically. For each delivery, in our Fulfillment Confirmation E-mail you will receive a link to your electronic invoice on the Website. If you do not have an account and have not printed your invoice upon receiving your Fulfillment Confirmation Email, or for further information about electronic invoices and instructions on how to receive a paper copy please contact our customer support.

Delivery of Physical goods:

Once the payment pursuant to an Order is duly completed, your order shall be delivered to the address indicated during the ordering procedure and begin providing Services. The delivery delay indicated on the Website is strictly indicative and may vary with the progression of the order. The Merchant cannot be held responsible for delayed delivery or the loss of a package by postal services or couriers and ensuing consequences. It is your responsibility to verify the good condition of their package(s) and its content upon receiving the package. In the event the package(s) or content are not in conformity with the order, you shall put in writing a full description of the content and disconformities, on the delivery slip, and shall issue a letter, with an acknowledgement of receipt and similar in content, within 3 days of reception.

Payment:

At the time of purchase, you will have the possibility to pay with all displayed payment methods. Any other methods will not be endorsed.
The Merchant uses SSL (Secure Socket Layer) encryption technology for your transactions. Your banking information is not stored by the Merchant. Stored banking information is stored by the Payment Service Provider, only if you have selected the option of saving a credit/debit card to your name, for a future use during check out or for a pre-order. Therefore, the Merchant does not have access to private banking details and credit history at any point. To prevent abuses and fraud, the Merchant only stores your address and the transaction time and date. This data remains strictly confidential.
Any attempted fraud or deception, regardless of scope, will immediately lead to further action, as part of which all related transaction data might be forwarded to the authorities.
When you provide payment information to the Merchant or to one of its payment service providers, you establish that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Merchant to charge your credit card or to process your payment with the chosen third-party payment service provider for any purchases or fees chargeable to your account. The Merchant may require you to provide your address or other information in order to meet the Merchant’s obligations under applicable tax law.
For subscriptions purchased, based on an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription, you agree and reaffirm that the Merchant is authorized to charge your credit card, or to process your payment with any other applicable third-party payment processor (such as Paypal), for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify the Merchant promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify the Merchant promptly if your credit card or PayPal or other payment account expires or is canceled for any reason.
The term of the Service Agreement will be non-cancellable for two months. Following the initial two month term, the Services are automatically renewed for one month terms. The Agreement can be terminated with one (1) month’s written notice AND the return of the Products in proper working order. The Lease Term will continue on a month to month basis thereafter until the Customer gives Royatie 30 days written cancellation notice and the return of the Products. The Customer shall pay for an Order by credit card. The Customer will submit the credit card payment details at the time the Order is placed. The Customer’s credit card will be immediately charged for the first and last month’s use of Products and each month thereafter during the Term.
If your use of the Store and purchases are subject to any type of use or sales tax, then the Merchant may also charge you for those taxes, in addition to the Subscription or other fees published in the Rules of Use.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on Product content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to your Account.

Ownership Rights:

Should you not honor the payment obligations for any reason whatsoever, the Merchant shall be entitled to demand that the delivered merchandise be returned immediately, at your own cost, risk and peril.
The Merchant makes no representations or warranties, either expressed or implied, regarding any third party site. In particular, the Merchant makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated. ​

Warranty Disclaimer:

SUBJECT TO APPLICABLE LAW, THE MERCHANT DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE PRODUCTS AND SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON‐INFRINGEMENT. FURTHER, THE MERCHANT DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE PRODUCTS WILL MEET CUSTOMER’S OR ANY THIRD PARTY’S EXPECTATIONS. ​

License and user rights:

Under these Terms the limited and non-exclusive right to use one (1) copy of Products delivered to you by the Merchant on a computer or laptop is granted to you. Under the terms of this contract, you are not permitted to copy, modify, or decompile any software in a Product, to extract its source code, create any item derived from it or remove any indication of the name or manufacturer of the software from it. You are exclusively permitted to use the Product for their own personal use and may not pass it on, sell, transfer or lend it to a third party.
The Store may require the automatic download and installation of software onto your computer. The Merchant hereby grants, and you accept, a limited, terminable, non-exclusive license and right to use the software for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Terms of Sale) in accordance with these Terms of Sale. The software is licensed, not sold. Your license confers no title or ownership in the software.
You may not use the Internet source code or any the Merchant software for any purpose other than the permitted access to the Store and to make personal, non-commercial use of your Account, except as otherwise permitted by this Terms of Sale. Except as otherwise permitted under these Terms of Sales, or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Store or the Merchant software without the prior consent, in writing, of the Merchant.
You are entitled to use the Store for your own personal use, but you are not entitled to: (i) sell, grant a security interest to other parties in any way, nor to rent, lease or license your Account rights to others without the prior written consent of the Merchant, except to the extent expressly permitted elsewhere in these Terms of Sale; (ii) exploit the Merchant Software, the Store for any commercial purpose, except as expressly permitted elsewhere in these Terms of Sale.
The Merchant or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Merchant services.

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