1. Application: App downloaded from getspini.com (here in after referred to as or “Service”) is developed and operated by Spinircle India Private Limited, a company incorporated under the companies act, having its office at New #42, Old # 51, 3rd Floor, Thirumalai Pillai Road, T Nagar, Chennai, Tamil Nadu 600017
2.1 By accessing this Service, you agree to be bound by these terms and conditions [Hereinafter referred to as “terms”]. We recommend that you read these Terms and Conditions prior to using our Application/Service and thereafter regularly review any changes and you are responsible for doing so. If you do not accept these Terms and Conditions you must immediately stop using the Service and access to the Service may be denied.
2.2. At the time of registering for use or using our Service you may be asked to enter your name, your age, gender, e-mail address, phone number or other information.
2.3. To access and view the Application/Service, you must be at least 18 years old. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors are not authorized to use the Service.
3. Definitions: “Application” shall mean Spini provided by Spinircle India Private Limited to be used on Apple iOS, Android OS, Windows OS and Blackberry OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
4. Data Protection:
4.1 Protecting your personal information provided to us is important. Spinircle India Private Limited will not use your personal information other than as stated in these terms without first receiving your permission.
4.2 We do not sell, trade, or otherwise transfer to outside parties your personal information. This does not include authorised third parties who assist us in operating our Service, conducting our business, or servicing you, so long as those parties agree to keep this information confidential [Internal Purpose].
4.3 We may also release your information when it is required to comply with the law, enforce our rights or protect others or our rights, property, or safety.
4.4 We may include or offer third party products or services on our Service. These third party services have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked services.
4.5 We reserve the right, at our sole discretion, to change, modify, add, remove or amend these Terms and Conditions at any time.
5. Third Party Links and Services: The Service may include links to third party application's, advertisers, services, special offers, or other events or activities that are not controlled and maintained by us. Any link to such third party applications is not an endorsement of such application, advertisers, services, special offers, or other events or activities and you acknowledge and agree that we are not responsible for the content or availability of any such Services.
6. Data Protection: Proprietary Rights And License:
6.1 All trademarks, copyright, database rights and other intellectual property rights of any nature in the Service together with the underlying software code are owned either directly by us or our licensors.
6.2 We hereby grant you a worldwide, non-exclusive, royalty-free revocable license to use the Service for your personal use in accordance with these terms.
7. Conditions of Use:
7.1 You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
7.2 The Service wherever made available to you is for your personal, non-commercial use. We reserve the right to amend or withdraw the Application, or charge for the Service provided to you in accordance with these terms, at any time and for any reason.
7.3 You acknowledge that the terms of agreement with your respective network provider (‘Service Provider’) will continue to apply when using the Application and/ or Services. As a result, you may be charged by the Service Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
8. Application Availability:
8.1 This Application is available to handheld mobile devices running Apple iOS, Android OS, Windows OS and Blackberry Operating Systems. Spinircle India Private Limited will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Spinircle India Private Limited’s reasonable control.
8.2 Spinircle India Private Limited, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
8.3 Spinircle India Private Limited will not be responsible for any support or maintenance for the Application.
9. Application System Requirements:
9.1 In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications.
9.2 The Software Requirements are as follows: Apple iOS devices running iOS7 and above, Android OS devices running Android 2.3.5 and above.
9.3 The version of the Application software may be upgraded from time to time to add support for new functions and services.
10.1 We may terminate use of the Service at any time by giving notice of termination to you.
10.2 Upon any termination, (a) the rights and licenses granted to you herein shall terminate; and (b) you must cease all use of the Service.
11. Content Disclaimer:
11.1 We communicate information provided and created by advertisers, listing agencies, publishers, users, resellers or third parties. We have no control over the accuracy, legality, legitimacy, validity or reliability of such information on the Application, which may also include technical inaccuracies or typographical errors.
11.2 We make no guarantee, nor do we take any responsibility for the content including its quality, copyright compliance or legality, or any resulting loss or damage. The content not limited to the availability of any product or service or any feature thereof, is subject to change without notice.
11.3 We reserve the right, at our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Application.
12. Reviews, ratings & comments by users:
12.1 You are solely responsible for the content of any transmissions you make to the Service or any transmissions you make to any mediums offered by the Service and any materials you add to the Service or add to any mediums offered by the Service, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (the "Communications"). We do not endorse or accept any of your Communication as representative of our views. By transmitting any public Communication to the Service, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
12.2 You confirm and warrant that you have the right to grant these rights to us. You hereby waive and grant to us all rights including intellectual property rights and also "moral rights" in your Communications, posted at our Service through any of mediums of the Service. We are free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also we reserve the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
12.3 We have the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. We cannot review all Communications made on and through any of the mediums provided by us. We reserve the right, but have no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which we at our sole discretion deem inappropriate, offensive or contrary to any Service policy, or that violate this terms.
12.4 We reserve the right not to upload or distribute to, or otherwise publish through the Service or Forums any Communication which is (a) obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive; (b)constitutes or contains false or misleading indications of origin or statements of fact; (c)slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party; (d)causes injury of any kind to any person or entity; (e)infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party; (f)violates any applicable laws, rules, or regulations; (g)contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) impersonates another person or entity, or that collects or uses any information about visitors.
12.5 You acknowledge and agree that if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then We reserve the right to take appropriate legal action against you. Further, you shall indemnify and protect us against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments. We take no responsibility and assume no liability for any content posted by you or any third party using the Service.
12.6 You further acknowledge that conduct prohibited in connection with your use of the Service includes, but is not limited to, breaching or attempting to breach the security of the Service.
13. Limitation of Liability:
13.1 You expressly acknowledge and agree that use of the service and the application is at your sole risk. The service and the application are provided on an “as is” and “as available” basis.
13.2 In no event shall we be liable to any user on account of any use, misuse or reliance on the service for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if we are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the service. We do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of an information, content, product, services, or process disclosed on the service or any other material or information accessible from the application.
13.3 You understand and agree that any material and/or data downloaded or otherwise obtained through use of the service or application is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
13.4 In no event shall Spinircle India Private Limited’s liability to you for any and all claims relating to or arising out of your use of the services and/or the application, shall not exceed the amount paid, and any amounts owed but not yet paid, for the services.
14. Severability: In the event that any provision of these terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, We shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from these terms and the remaining provisions of this Agreement shall remain in full force and effect.
15. Assignment: The user is not entitled to assign any of its rights or obligations under this terms and conditions to any third party without our prior written consent.
16. Governing Law, Jurisdiction and Arbitration: These Terms and Conditions shall be construed in accordance with the laws of India. Courts in Chennai shall have exclusive jurisdiction. Any dispute, arising out of these Terms shall be settled by arbitration in accordance with the Rules of Arbitration and Conciliation Act, 1996 in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The venue of arbitration shall be Chennai and the proceedings shall be conducted in English language.
17. Entire Agreement: These terms and conditions, together with any documents expressly referred herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous oral or written communications between the parties relating in any way to the subject matter hereof.
For all further comments regarding this terms and conditions the User is advised to contact us at [email protected]
Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms")
By subscribing to or using any of our services, you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not agree to the Terms, you must not subscribe to or use our services.
You must be capable of entering into a binding contract in your jurisdiction to register as a member or use the Spinircle India Private Limited Services. If you do not qualify, do not use the Service. By using the Application and/or Spinircle India Private Limited’s Services, you represent and warrant that you have the right, authority, competency and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.
In these Terms, references to:
Commercial / contractual terms shall include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services.
Enduser or Buyer shall mean the end user availing the Services of independent third party service provider(s) using the Application.
"we", "us" and "our" shall mean Spinircle India Private Limited, its franchisees, affiliates or partners.
Independent third party Service Providers or Seller shall mean the person offering services to Enduser(s) or Buyers using the Application.
“Listing”, shall mean any Independent third party Service Providers or Seller who in their individual capacity list the information/service in the Application.
User shall mean and include both Enduser, Buyer, Independent thir party Service Provider and Seller.
1. Services Offered: Spinircle India Private Limited provides a technology platform that enables independent third party service providers (Hereinafter referred to as Seller) and buyer to interact and exchange information / Service and collect fees for services on behalf of seller (all such services, collectively, the "Service"). The Application is only a venue through which Users can reach a larger base of users to list, buy and sell information/data or Spinircle India Private Limited is only providing a platform for communication and it is agreed that the contract for sale of any of the information/data or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer. At no time shall any right, title or interest over the information/data or services vest with Spinircle India Private Limited nor shall Spinircle India Private Limited have any obligations or liabilities in respect of such contract.
2. Spinircle India Private Limited is not responsible for any non-performance or breach of any contract entered into between seller and buyer. Spinircle India Private Limited cannot and does not guarantee that the concerned seller/buyer will perform any transaction concluded on the Application. Spinircle India Private Limited shall not and is not required to mediate or resolve any dispute or disagreement between the seller and buyer.
3. No Guarantee of Business: We do not guarantees that enquiries and leads will be generated by it for a Listing or that any such enquiries/lead will be converted into business for the user/end user. Spinircle India Private Limited is not obliged and does not market the offerings of a particular user and shall not be obliged to recommend a user or Listing to the End User.
4. Spinircle India Private Limited’s Rights and Obligations: Spinircle India Private Limited reserves the right, at its sole discretion to reject, remove a Listing or a part of the listing at any time without being obliged to provide any reasons. Spinircle India Private Limited reserves the right to, at all times, monitor a Listing to ensure compliance with these terms and conditions.
5. User Account:The User may be required to create his/ her own User ID and Password in order to register and/ or use the services on the Application. By accepting these Terms, the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
Choose a new password, whenever required for security reasons.
Keep his/ her User ID & Password strictly confidential.
Be responsible for any transactions made by User under such User ID and Password.
Spinircle India Private Limited may verify at the time of creation of account or from time the credientials provided at the time of creation of the user account, including but not limited to phone number, email address, bank account, credit card details, etc.
6. User’s Obligations: User represents and warrants that the information/data provided by you does not violate or infringe upon any law or regulation. All information provided by the user to us is and shall at all times be accurate, valid and complete. It would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the user to us) to us.
7. End User’s Obligation: It is End User’s duty to verify the information/data or services provided or listed in the Application before bidding/buying such information/data or services. Spinircle India Private Limited shall not guarantee or warrant the information/data or services provided or listed in the Application. Users are advised to independently verify the bona fides of any particular User that you choose to deal with on the Application and use your best judgment in that behalf.
8. Payment: Membership on the Application is free, we do not charge any fee for browsing, bidding and buying on the Application. We only charge a transaction fee based on consummated transactions, which is detailed in our Consideration Policy. We reserve the right to change any policies from time to time. In particular, we may at its sole discretion introduce new services and modify some or all of the existing services offered on the Application. In such an event we reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Consideration Policy shall be posted on the Application and such changes shall automatically become effective immediately after they are posted on the Application.
9. Information/Data: You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: belongs to another person and to which You does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; violates any law for the time being in force.
10. Communication: You will be required to provide a valid phone number at the time of using the service through the Application. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any service related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
11. Warranty: The user warrants and represents that all details and information provided to the Application by you are true and accurate and are not false, misleading or deceptive and the information contained on the Application will be kept accurate and up to date and compliant with these terms and conditions. We do not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Application and use your best judgment in that behalf.
12. Third-Party Application listing: Spinircle India Private Limited or a Listing may be linked to the website/App of third parties, affiliates and business partners. Spinircle India Private Limited has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites/Application made available by/through our Application. Inclusion of any link on the Application does not imply that the Application endorses the linked site. End User may use the links and these services at the End User’s own risk.
13. Cancellation by Site / Customer: You as an end user can cancel your bidding anytime before the offer is accepted. Once a payment is made the information is shared and therefore no refund is allowed. In such a case we will refund any payments already made by you for the service. If we suspect any fraudulent transaction by any end user or any transaction which defies the terms & conditions of using the Application/service, we at our sole discretion could cancel such services. We will maintain a negative list of all fraudulent transactions by end user and would deny access to them or cancel any transaction placed by them.
14. Refund: No refund will be made once a purchase is made or deal is concluded. It is up to the user to evaluate a fit of the item/service during the bidding period. Once purchase is made or deal is concluded, it’s non-refundable and non-transferable. In case the information/data purchased is incorrect/fraudulant, you have to raise a complaint within seventy two (72) hours from the time of conclusion of the the transaction and when the same is proved, you will be eligible for the refund. Spinircle India Private Limited reserves the right to take the final and binding decision with regard to requests for refund. In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach Spinircle India Private Limited with his/ her claim details and claim refund from Spinircle India Private Limited alone. Such refund (if any) shall be effected only by Spinircle India Private Limited via payment gateway or by means of a demand draft or such other means as Spinircle India Private Limited deems appropriate and applicable. In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to Spinircle India Private Limited account by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto. Server Slow Down/Session Timeout: In case the Application or Payment Service Provider’s webpage, that is linked to the Application, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options: In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact Spinircle India Private Limited via e-mail or any other mode of contact as provided by Spinircle India Private Limited to confirm payment. In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment. However, the User agrees that under no circumstances the Spinircle India Private Limited shall be held responsible for such fraudulent/duplicate transactions.
15. Liability: Spinircle India Private Limited assumes no responsibility, and shall not be liable for any commercial / contractual terms are offered by and agreed to between buyers and sellers. It is the responsibility of the user alone to ensure that the information/ data either stored in Application or taken out from Application by printing or exporting to any computer file format or data stored offline in mobile devices of users accessing Application, is used in compliance with privacy laws applicable to the user’s business transactions. Spinircle India Private Limited has made this Service available to the User as a matter of convenience. Spinircle India Private Limited expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Spinircle India Private Limited reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof. Spinircle India Private Limited shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Spinircle India Private Limited, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services. Spinircle India Private Limited assume no liability whatsoever for any monetary or other damage suffered by the User on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services in connection thereto. The User shall indemnify and hold harmless Spinircle India Private Limited and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services. The User agrees that Spinircle India Private Limited or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Application, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Spinircle India Private Limited’s reasonable control.
16. Indemnity: The user agrees to defend, indemnify and hold harmless Spinircle India Private Limited, its employees, directors, officers, agents, representatives and their successors and assigns from and against any and all claims, liabilities, damages, losses, demands, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your access to and use of Services, which may result in any loss or liability to Spinircle India Private Limited or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
17. Disclaimer and Limitation of Liability: THE SERVICES ARE MADE AVAILABLE OR PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPINIRCLE INDIA PRIVATE LIMITED LIABILITY FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS TERMS OR ANY SERVICE SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT PAID, AND ANY AMOUNTS OWED BUT NOT YET PAID, FOR THE RELEVANT SERVICE.
18. Intellectual Property Rights: Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Spinircle India Private Limited owns all Intellectual Property Rights to and into the Application/Service, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Application belonging to Spinircle India Private Limited without obtaining authorization from Spinircle India Private Limited. Spinircle India Private Limited is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Application for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
19. Term & Termination: Spinircle India Private Limited may suspend or terminate your use of the Application or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms. Spinircle India Private Limited may delete any content or other materials relating to your use of the Service and Spinircle India Private Limited will have no liability to you or any third party for doing so. You shall be liable to pay for any Service that you have already availed/ordered till the time of Termination by either party whatsoever.
20. Confidentiality: The user shall keep all and any information regarding the service availed and other Listings and seller/purchaser confidential information, both, during the subsistence of the Agreement and after its Termination. The user shall not, without prior written consent of the Application transfer (whether for consideration or otherwise) such information to any third-party for any reason whatsoever. The user is specifically prohibited from using the confidential information for purposes of seeking any commercial gain out of the said information. In the event Spinircle India Private Limited is made aware of any such practice of such violation of the terms and/or conditions of this terms, Spinircle India Private Limited shall be entitled to terminate the Agreement as well as initiate legal proceedings against the user, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
21. Governing Law: This site is created and controlled by Spinircle India Private Limited. The laws of India shall apply and courts in Chennai shall have jurisdiction in respect of all the terms, conditions and disclaimers. Spinircle India Private Limited reserves the right to make changes to the Application/service and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/Application of Spinircle India Private Limited.
22. Arbitration: If any dispute arises between you and Spinircle India Private Limited during your use of the Application or services, in connection with the validity, interpretation, implementation or alleged breach of any provision of this terms or any of our policy or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Spinircle India Private Limited. The place of arbitration shall be Chennai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
23.Miscellaneous: Any waiver of any rights available to Spinircle India Private Limited under these terms shall not mean that those rights are automatically waived. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Spinircle India Private Limited have no control over such matters. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Spinircle India Private Limited does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet. Spinircle India Private Limited and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Application.
24. Customer Services: If you have any query, please e-mail us at [email protected]
This document defines the scope of privacy and degree of confidentiality protecting the information which the User inputs during account registration at the Application and use of the services, programs and facilities of the Application.
By using this Application, the User provides his/her consent to the Company to collect, use and discloses User's personal information according to the rules and provisions of this agreement.
The Application is owned and operated by Spinircle India Private Limited (hereinafter “Company”) and the Company hereby proclaims and accepts its responsibility to protect the User's private information. This document contains the rules upon which such information is gathered and used. These rules apply to any personal and non personal information gathered at and/or by the Company.
The Application shall mean the spini provided by Spinircle India Private Limited to be used on Apple iOS, Android OS, Windows OS and Blackberry OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
1. PERSONAL INFORMATION: The Company requires Users who register to use its services ("Services") offered on the Application to give contact information, such as their name, company name, address, phone number, and email address, and qualification and billing information (if require), such as billing name and address, and the number of users within the organization that will be using the services. At the time you express interest in attaining additional information, or when you register for the service, we may also ask for additional personal information, such as title, department name, fax number, or additional company information, such as annual revenues, number of employees, or industry. Users can update their personal information at any time by logging into the Application and editing their Personal Information within setup. Users can view their updated profile to confirm their edits have been made.
2. NON-PERSONAL INFORMATION: The Company also collects non-personal information from you, such as your browser type, the URL of the previous Application you visited, your ISP, operating system, and your Internet protocol (IP) Address ("Non-Personal Information"). Non-Personal Information cannot be easily used to personally identify the User.
3.USE OF USER’S INFORMATION: The Company uses the information that it collects to set up services for its Users. Users’ email addresses and any personal customer information will not be distributed or shared with third parties except to the extent necessary to provide the User with a requested service, or under circumstances required by law. The Company will disclose User’s personal information when we believe in good faith that any applicable law, regulation, or legal process requires it, or where the Company believes disclosure is necessary to protect or enforce its rights or the rights of another user. We also disclose aggregated User statistics in order to describe our services and reach to prospective partners, advertisers, and other third parties. However, aggregate data is not traceable to the User specifically. The Company may use contractors to help us with our operations. Some or all of these contractors may access our databases of user information. These contractors will enter into an agreement with the Company that places restrictive provisions on their use and disclosure of all information they obtain through the relationship. The Company may share personal information with global partners for the purpose of providing Users with high quality, localized service. The Company may use Non-Personal Information to track the use of the Application and for other internal purposes, such as providing, maintaining, evaluating, and improving the Services and the Application.
4. THIRD PARTY LINKS: The Application may contain links to third party Application. The Company is not responsible for the privacy practices or the content of these other Application. Users and visitors must check the policy statement of these others Application to understand their policies. Users and visitors who access a linked Application may be disclosing their private information. It is your responsibility to keep such information private and confident.
5. OPT-OUT POLICY: Users can opt out of being contacted by the company, or receiving information from the Company, at any time by sending an email to [email protected] The Application offers its visitors and Users a means to choose how it may use information provided. If, at any time after registering for information or ordering services, the User changes his mind about receiving information from us or about sharing your information with third parties, send us a request specifying your new choice. Simply send the request to [email protected]
6. USER’S USE OF CONTENT: Except for content posted or submitted by the User or any other visitors to the Application, all of the content available on or through the Services and/or the Application, including without limitation, text, photographs, graphics and video and audio content, is owned by the Company and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. User acknowledges that the Services and any underlying technology or software used in connection with the Services contain the Company’s proprietary information. The Company gives the User permission to use the aforementioned content for personal, non-commercial purposes only and does not transfer any intellectual property rights to the User. User may print, download, and store information from the Application for your own convenience, but User may not distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Application in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, the Company does not grant the User any express or implied rights, and all rights in the Application and the Services not expressly granted by the Company to the User are retained by the Company.
7. DISCLAIMER OF WARRANTIES: The Company provides the Application and the”Services on an “as is”, “with all faults” and “as available” Basis. The Company makes no express or implied warranties or guarantees about the Services. To the maximum extent permitted by law, the Company disclaims all such warranties, including all statutory warranties, with respect to the Services and the Application, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. The Company does not guarantee that the results that may be obtained from the use of the services will be effective, reliable or accurate or will meet your requirements.
8. LIMITATION OF LIABILITY: User’s sole and exclusive remedy for any dispute with the company is the cancellation of User’s registration. In no event shall the Company’s total cumulative liability to the User for any and all claims relating to or arising out of User’s use of the services or the Application, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to utilize the Application or the Services or (b) Rs.1000. The Company shall in no event be liable to the User (or to any third party claiming under or through the User) for any indirect, special, incidental, consequential or exemplary damages arising from User’s use of, or inability to use, the Application and/or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the Company knew or should have known of the possibility of such damages, because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law of India.
9. FORUMS AND INTERACTIVE SERVICES: There may be interactive services within the Application, such as blogs, chat rooms, forums, instant messaging etc., and other service member zones that allow them to input their data, details, materials, comments or other similar communications. Using such services, the User should realize that they are open for wide access and review, and any personal data that he/she published or provided during registration may become viewable by third parties. The Company is not responsible for the security of the User’s information that is passed by the User to third parties or provided during use of such services. Materials that will be placed by the User in such areas of the Application will be stored in systems of Company for an indefinite time, if otherwise not directly documented in each particular case.
10. MINOR USERS: The Company does not intend to and will not purposely collect, require or request personal information from persons under 18 years of age without permission from parent or legal guardian. If the User is a minor, he/she should not enter his/her personal information or use the Application in any way prior to obtaining the consent of the parent or legal guardian.