Spiderboom internet services private limited ("spiderboom") provides a web site located on the internet at [www.spiderboom.com] ("spiderboom website”) where registered buyers and sellers trade in various products and services using the web platform and services rendered by spiderboom website.
Your use of this web site indicates that you accept this “Company User Agreement” (CUA) without modification and any other operating rules or policies that spiderboom may create and/or revise from time to time and makes available on this site. "This site" refers to the site having the URL spiderboom.com including any parts thereof; "you" or "your" refers to the individual or entity using this site; and "Partner" refers to a third party with which spiderboom has created a version of this site or that Spiderboom has authorized to link to this site or with which Spiderboom has a joint promotion relationship. You represent and warrant that you are authorized and empowered to agree to this CUA on behalf of yourself and any entity that you purport to represent. By accessing, browsing, and or using this site, you acknowledge that you have read, understood, and agree to be bound by this CUA. If you do not agree to these terms, do not use this site.
Spiderboom may at any time revise this CUA by updating this posting. By using this site, you agree to be bound by any such revisions and therefore you should periodically visit this page of the site to examine the then current CUA to which you are bound. Certain provisions of this CUA may be superseded by expressly designated legal notices or terms located on particular pages at this site.
Auction on the site is available only to individuals and businesses who can enter into legal contracts. Persons registering warrant that they provide accurate information. Spiderboom reserves the right to disapprove your registration or terminate your use of the site for any reason at any time.
User name and password
You are solely responsible for all use and for protecting the confidentiality of your user name and password and e-mail address. Furthermore, you are entirely responsible for any and all activities, which occur, under your account. You agree to immediately notify spiderboom of any unauthorized use of your account or any other breach of security known to you.
Licence Grant And Restrictions
spiderboom hereby grants you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to use this site only for managing your purchase and/or sell for yourself or on behalf of your entity. You may not rent, lease, grant a security interest in, or otherwise transfer any rights you have in the use of this site. You are prohibited from reselling or acting as a service bureau for the purchasing and/or selling services of this site. You are also prohibited from reverse engineering, modifying, de-compiling, disassembling, translating or otherwise attempting to derive source code from any part of this site.
www.spiderboom.com not a Party
The Site is only a venue for registered sellers to conduct sale of products, services, investment assets and property, and for buyers to make offers on such products and/ or services. Spiderboom internet services private limited is not involved in the actual transactions between buyers and sellers and therefore, no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.
In the event that you have a dispute with another User (whether a buyer or seller), you hereby release spiderboom internet services private limited, its directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspect and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In no event will spiderboom internet services private limited be liable for any damages or losses experienced through the use of this website regardless of whether spiderboom internet services private limited knew or should have known of the possibility of such damages or losses.
Spiderboom does not set or endorse the price, quality, safety, conformance or other contract terms of the transaction, the legality of the products and services offered or the ability of a Member to fulfill a contractual obligation. Spiderboom cannot and does not control the truth or accuracy of postings, the ability of Members as to the sale or purchase of products and/or services, or whether Members will complete the sale of products and/or services they offer. Spiderboom is not responsible with respect to payment or collection for orders made and bids placed on Spiderboom Web Site.
Spiderboom shall not be liable to Member or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs resulting directly or indirectly from, or otherwise arising in connection with the use of Spiderboom Web Site by Member.
Specific terms to users for trading on spiderboom
Spiderboom basically facilitates trade between buyer and seller and cannot be held responsible for any failure on the part of supplier. However care is being exercised that only reputed suppliers are permitted to trade at Spiderboom.
Spiderboom is not responsible for authenticity of information displayed in the supplier's store.
Registered Users at spiderboom.com are allotted their unique user ID and Password. This should be kept confidential. Spiderboom shall not be held responsible for misuse or illegal use of given User ID or Password by any other person who acquires User ID and Password from registered Buyer by any manner without the knowledge of registered buyer. The buyer is responsible for all trades carried out using his user ID and Password.
Additional Terms and Conditions imposed time to time by Buyers will apply in addition to this Document.
Terms pertaining to delivery, payment, taxes, duties, penalties regarding quality of goods supplied, damage to the goods or shortfall in quantity for any non- compliance will apply.
Terms for buyers/sellers
Spiderboom internet services Pvt. Ltd. takes no responsibility of the quality, quantity, documentation details of buyers/sellers. Both the buyers & sellers agree to defend indemnity and hold harmless Spiderboom internet services Pvt. Ltd from any loss, damage, cost and expenses caused by any reason during this transaction.
In no event shall Spiderboom be liable for any loss for the transactors by business, revenues, profit, costs direct and incidental, consequential or punitive damages of any claim. Both the parties agree to have discussed all the related matter regarding this transaction and have understood in full that Spiderboom has provided a source of supply and has nothing to do any further especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws and regulations to be followed from time to time etc. Since Spiderboom does not possess knowledge base of the commodities under transaction both the parties agree that the matter contained in the materials as a part or as a whole does not violate any applicable law.
Unless otherwise noted, all materials, including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, the "Content") on this site and all intellectual property rights therein, are owned, controlled or licensed by Spiderboom The site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by Spiderboom, its Partners, or its suppliers. The Content and software on this site may be used only for conducting business between you and Partners, or buyers and/or suppliers on this site. Any other use, including the reproduction, modification, creating derivative works, distribution, transmission, display, or performance, of the content on this site is strictly prohibited.
Spiderboom and other graphics, logos, service marks, and trade names used on this site by Spiderboom are the trademarks of Spiderboom, its Partners, or its suppliers or buyers and may not be used without permission in connection with any third-party products or services or in any manner not permitted in Spiderboom's trademark use policy, which may be made available from time to time. All other trademarks, service marks, and trade names (including third party product names) used on this site are the property of their respective owners.
Spiderboom Web Site is usually available 24 hours a day, 7 days a week. However, Spiderboom reserves the right to make Spiderboom Web Site unavailable from time to time for any reason whatsoever and Member agrees that Spiderboom shall not be liable for any damages whatsoever arising from the interruption, suspension or termination of Spiderboom Web Site.
Without limiting the generality or effect of other provisions of these Company User Agreement, as a condition of membership you agree to defend, indemnify and hold Spiderboom, and its subsidiaries, affiliates, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of this site, any Submission or User Content you post, email or transmit to or through this site, your violation of this CUA, or your violation of any third party rights.
Intellectual Property Matters
Members acknowledge and agree that all data developed and/or collected by Spiderboom in connection with the operation of Spiderboom Web Site shall be exclusive property of Spiderboom.
All third party content published and/or posted on Spiderboom Web Site is the property of the respective copyright owners and may not be copied or distributed in any way by Members for commercial purposes.
Disclaimer of warranties
Spiderboom internet services private limited is an auction service provider. Spiderboom provides Spiderboom Web Site on "as is" and "as available" basis and without warranty or condition, express or implied. We are not responsible for the merchantability or fitness of any item, materials, products or services offered on this site. The buyer and seller assume all risk associated with the use of this system. Spiderboom website is not responsible for any damages, including damages that result from, but are not limited to negligence. Spiderboom website will not be held responsible for consequential damages, including but not limited to: system problems, inability to use the system, loss of electronic information which affect the auction, acts of god, nor any other act beyond our reasonable control. Users of Spiderboom website agree to indemnify and hold harmless, Spiderboom website, it's owners and agents for any incident of loss or damage as a result from using this system. Spiderboom.com, its partners, and its suppliers donot warrant that use of this site will be uninterrupted, secure or error-free, that messages or requests will be delivered, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY
IN NO EVENT WILL Spiderboom website, ITS PARTNERS, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE MATERIALS, PRODUCTS OR SERVICES OFFERED ON THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Spiderboom website, ITS PARTNERS, ITS SUPPLIERS, BUYERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE. THE AGGREGATE LIABILITY OF Spiderboom website ARISING FROM OR RELATING TO THIS CUA (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE amount Spiderboom website receives on PURCHASE PRICE OF ANY PRODUCTS YOU PURCHASED IN THE RELEVANT TRANSACTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Either Spiderboom or Member may terminate the Membership at any time by serving a notice in writing or through e-mail on the other party.
Upon termination of the Membership, Member shall immediately,
(a) pay and settle all outstanding debts and dues in full to spiderboom including without limitation the Transaction Fees, within 30 days from the date of termination,
(b) honour and complete all outstanding transactions and effect the sale and/or purchase of products and/or services made on or through the spiderboom website before the termination of the Membership,
(c) return to spiderboom all items as spiderboom has provided to the Member during the period of Membership.
Spiderboom website and/or its Partners reserve the right to restrict access to this site to any user, and may at any time at its sole discretion, with or without notice and with or without cause, immediately deny access to this site by any person or entity, including those who previously had access.
Modification of these Company User Agreement Changes,
if any, will be posted to our site http://www.spiderboom.com and it is your responsibility as a user to refer to the terms on accessing this service. Any changes made by us after the first posting will have to be accepted if you continue to access the Site after that time.
These Company User Agreement and the terms and conditions contained in other Sites and the relationship between Members and spiderboom shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws. Member and spiderboom agree that any dispute or claim arising out of or relating to this Company User Agreement and the relationship between Members and spiderboom shall be submitted to the exclusive jurisdiction of the courts located at Kochi, India.
www.spiderboom.com intends to give you as much control as possible over your personal information. You may visit this site without telling us who you are or revealing any information about yourself. Some times, however, we may need information from you, such as your name and address. If you choose to give us personal information via the Internet so that we may correspond with you, or provide services to you, it is our intent to let you know how we will use such information. If you tell us that you do not wish to have this information used as a basis for further contact with you, we will respect your wishes. We do not sell mailing lists to anyone. Your address and other information will be provided to other parties purely for the purpose of business transactions. We sometimes keep track of the domains from which people visit us. We analyze this data for trends and statistics, and then we discard it.
Any person who accesses this site to buy, sell or bid for goods or to use the other services are deemed to have accepted the terms and conditions of this agreement and be further bound by the Disclaimer.
spiderboom shall have no liability to you for any interruption or delay in access to the site irrespective of the cause.