Terms of Use

Welcome to Product Inventory Information (the “App”). the App is owned and operated by Tom IT B.V. (the “Company”, “we”, “our”). Please carefully read the following terms of use (the "Terms"). The Terms constitute a binding agreement between you and the Company. By accessing the App or by using it in any other manner, you agree to these Terms. If you do not agree to these Terms, you may not access the App or use it in any manner.

About the App

the App provides functionalities used to enhance the merchants store frontend

Acceptable use of the App

The following terms define the acceptable use of the App and the content available therein. You agree to abide by all applicable local and international laws, regulations and rules. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the App and the access and use of the App by anyone on your behalf.

While using the App, you must refrain from –

  • Breaching theses Terms or any other applicable Website rules and instructions that we may provide;
  • Interfering with, burdening or disrupting the functionality of the App;
  • Breaching the security of the App or identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation, or functionality of the App, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the App;
  • Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the App;
  • Displaying the App or any part thereof in an exposed or concealed frame, or linking to elements or portions of the App, independently from the web pages on which they originally appear;
  • Displaying content from the App, including by any software, feature, gadget or communication protocol, which may alter the content or its design;
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
  • Linking to the App from web pages that contain pornographic content or content that is unlawful or encourages prohibited activity such as racism or wrongful discrimination.
  • Engaging in any activity that constitutes a criminal offense or gives rise to civil liability.
  • Violating any applicable law.

Links

the App may contain links to content published on other websites provided by third parties. We do not operate or monitor these websites and content. You may find such websites, or the information and content posted there, not compatible with your requirements or objectionable. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content.

Commercial Information

We may incorporate in the App advertisements and/or information of commercial nature. The source of such information may originate from us or from third parties. If such information originates from third parties (including Content displayed on the App) we cannot guarantee its reliability or accuracy. The inclusion of such advertising of commercial content in the App does not constitute our recommendation or encouragement to purchase the goods or services advertised. We assume no responsibility or liability for any goods or services advertised or marketed by third parties through the App.

Privacy

We respect your privacy. the App’s privacy policy is available here, and it forms an integral part of these Terms.

Intellectual Property

The intellectual property rights associated with the App, including without limitation copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other intellectual property right rights and any goodwill associated therewith, are the sole property of the Company, or its licensors.

You may not copy, reverse engineer, modify or create derivative works of the App’s intellectual property, in any way or by any means.

You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill.

Changes and Availability

From time to time, we may change the App's structure, layout, design or display, as well as the scope and availability of the information and content therein, without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind.

The operation of the App depends on various factors such as software, hardware and communication networks of the Company, its contractors and suppliers. By their nature, these factors are not fault free.

Changes to the Terms

From time to time, we may change the Terms. Changes will take effect 7 days after their initial posting on the App, unless we amend the Terms to comply with legal requirements. In such case, the amendments will become effective immediately upon their initial posting, or as required.

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THIS APP AND THE INFORMATION CONTAINED HEREIN ARE BEING PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. YOU WILL HAVE NO PLEA, CLAIM OR DEMAND AGAINST THE COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (“STAFF”), IN RESPECT OF THE APP’S FEATURES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. YOUR USE OF the App AND THE INFORMATION CONTAINED IN the App, IS AT YOUR FULL AND EXCLUSIVE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.  

WE DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF the App, INFORMATION AND CONTENT CONTAINED IN the App, LINKS TO OTHER WEBSITES OR COMMERCIAL INFORMATION INCORPORATED IN the App.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS, INCLUDING LOSS OF PROFIT AND LOSS OF DATA, COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE the App, ANY RELIANCE ON the App OR THE INFORMATION CONTAINED IN the App OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF the App, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH the App, OR FROM ANY COMMUNICATION WITH the App OR THE COMPANY, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT OR INFORMATION.

Governing Law and Jurisdiction

Regardless of your place of residence or where you access the App from, these Terms and your use of the App will be exclusively governed by and construed in accordance with the laws of the Netherlands excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the country of the Netherlands.

The competent courts located in the Netherlands district will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the App and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and us, each, hereby expressly consent to personal jurisdiction in the Netheralnds and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

General

These Terms constitute the entire agreement between you the Company with respect to the subject matter herein and supersede any and all agreements.

No waiver, concession, extension, representation, alteration, addition or derogation from these Terms or pursuant hereto shall be effective unless effected in writing and expressly.

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms shall remain in full force and effect.

Contact us

You may contact us with any questions or comments, at: [email protected] or by using the 'Live Chat’' available on the App.

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