Procurics Terms of Service

Updated on the 5th of August, 2014

These terms and conditions ("Terms of Service") govern your access to and use of Procurics (a product of The Great Internet Factory JLT based in Dubai, UAE and referred to as "Procurics" in this Agreement), products, software, services, and web site (collectively "Services"), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively "Content"). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the Services.

Procurics may update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service which are currently available at: www.procurics.com/terms.php.

These Terms of Service include Procurics's privacy policy which is currently available at: www.procurics.com/privacy.php. By accessing and using the Services you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by Procurics in accordance with Procurics's privacy policy.

Glossary

The following terms, when used in this Agreement, shall have the following meanings:

  • Services: Refers to the Procurics SaaS product, Website or any other services provided from time to time.
  • Content: The term "Content" means all Information, data, or other material, in any form or media, contained in, obtained from, or relating to the Site, including all results obtained from the Site and any User Postings.
  • Privacy Policy: Refers to Procurics's official published Privacy Policy describing Procurics's intended uses of your personally identifiable information.
  • Website: Refers to the Procurics website located at www.procurics.com
  • Site: Means any Procurics internet site, page (and all sub-pages), uniform resource locator ("URL"), domain location, subdomains and all Information and Content thereon.
  • Site Use: Means your use of or access to the Site.

Basic Terms

  • You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). You take all risks associated with the Services and any Content accessed or made available to others through your account. Procurics will not be held responsible for your use of the Services or for any such Content.

  • To access or use the Services, you must be able to form a binding contract with Procurics and you must not be prohibited from receiving the Services under UAE law or any other applicable laws.

  • Procurics may change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.

  • Your access to and use of the Services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and Procurics may (but has no obligation to) terminate your ability to access or use the Services at any time.

Your Account

  • You must provide your legal full name, company's full legal name, a valid email address, and any other information requested in order to complete the account sign-up process.

  • You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. Procurics encourages you to use a "strong" password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. Procurics will not be responsible for any loss or damages resulting from your failure to comply with this obligation.

  • Each account login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for your account for as many people as you'd like within the limits of your active subscription package.

  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

  • One person or legal entity may not maintain more than one free account.

Use and Restrictions

Prohibited Acts. Concerning your Site Use or any Content, you agree not to knowingly:

  • use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site;
  • post or transmit to the Site any unlawful, fraudulent, harassing, libelous, or obscene Information of any kind;
  • post or send to the Site any Information that contains a virus, bug, or other harmful item;
  • publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Content (other than as expressly permitted herein);
  • post or transmit into or on the Site any Information in violation of another party's copyright or intellectual property rights;
  • take any action which imposes an unreasonable or disproportionately large load on Procurics's infrastructure;
  • redeliver any of the Content using "framing", hyperlinks, or other technology without Procurics's express written permission;
  • use any device or technology to provide repeated automated attempts to access password-protected portions of the Site;
  • engage in any marketing or advertising activities, other than with Procurics's express consent;
  • falsely represent your identity on the Site.

Right to Regulate & Law Compliance. You acknowledge that Procurics has the right, but no obligation, to monitor the Site and to disclose any Information necessary to operate the Site, to protect Procurics, Others, and Procurics's customers, and to comply with legal obligations or governmental requests. Procurics reserves the right to refuse to post or to remove any Information on the Site, in whole or in part, for any reason. You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your Site Use.

Content

  • You understand that by using the Services you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. Procurics does not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Services.

  • Procurics and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Procurics may (but has no obligation to) remove Content and accounts containing Content that Procurics determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that Procurics determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party's intellectual property).

  • Procurics does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any Procurics customer, employee, member, or officer. Engaging in any such behavior may at Procurics's sole discretion result in the immediate termination or your account.

  • You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMSs, or "spam" messages through the Services.

Payment Matters

  • If you are purchasing Services from Procurics, you must provide Procurics with a valid credit card. Note that Procurics does not store your credit card information directly, but uses a third-party PCI compliant payment gateway instead. Otherwise, payment can be made via wire transfer or corporate cheques in case a credit card is not available (Applies to annual subscriptions only).

  • Purchased Services are billed in advance on a monthly or yearly basis (as per the option you have chosen).

  • Refunds can be claimed only within ten (10) days from the start of the current billing cycle by sending an email to refunds@procurics.com and stating the reasons as to why you wish us to refund the subscription amount. Once you have been refunded, your account will be downgraded immediately to the FREE Package described on our Pricing Page.

  • Procurics reserves the right to deny service to customers who repeatedly request a refund of their accounts.

  • All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.

  • You must fill out your correct province/state and country so that Procurics can understand its obligations to applicable taxation authorities.

  • All approved / agreed refunds will be processed on the same mode of original payment made.

  • We accept payment in UAE Dirhams (AED) and US Dollars (USD) by Visa and Mastercard Credit or Debit Cards.

Modifications to the Services and Prices

  • Procurics may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms of Service. Procurics may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers generally without prior notice.

  • Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon thirty (30) days notice from Procurics. Such notice may be provided at any time by posting the changes on Procurics's website (currently located at www.procurics.com).

  • Procurics shall not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.

Cancellation and Termination

  • If you choose to cancel your account, you are solely responsible for doing so properly. The current account cancellation procedure is as follows: (a) you must log in to the Service; (b) navigate to the Procurics website at www.procurics.com; (c) click on the drop-down menu on the top-right of the page and click the "My Account" link; (d) click the "Cancel My Account" button.

  • Your cancellation will take effect immediately and Procurics will no longer continue to charge your credit card at the end of the present billing cycle. Once you cancel your account, you will be downgraded to the Free Package described on our Pricing Page.

  • Procurics, in its sole discretion, has the right to suspend, terminate or restrict your access to the Services, or any other Procurics service, for any reason and at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the deletion of all Content on your account. Procurics reserves the right to refuse to provide the Services to anyone for any reason at any time.

  • The provisions regarding "Use and Restrictions", "Payment Matters", "Cancellation and Termination", "Ownership", "Disclaimer and Limitation of Liability" and "General" and any provisions which by their nature survive, shall survive the termination of these Terms of Service.

Ownership and Licenses

  • Procurics and its licensors retain title to and ownership of all rights (including copyright, trade-mark, patent, trade secret and all other intellectual property rights) in and to the Services and Procurics's Content. You acquire no rights whatsoever to all or any part of the Services except for the limited use rights granted by these Terms of Service. All rights not expressly granted to you are reserved to Procurics and its licensors.

  • We claim no intellectual property rights over the Content made available to others through your account. Additionally, your profile and other Content you provide to Procurics in connection with the Services remain yours. However, by making that Content available to others through the Services, or providing it to Procurics through the Services, you grant Procurics a worldwide, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content through any or all media or distribution methods (whether now known or hereafter developed).

  • Procurics, in its sole discretion, has the right to suspend, terminate or restrict your access to the Services, or any other Procurics service, for any reason and at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the deletion of all Content on your account. Procurics reserves the right to refuse to provide the Services to anyone for any reason at any time.

Disclaimer and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. PROCURICS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE SERVICES. PROCURICS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, PROCURICS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICES ARE OR WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. PROCURICS DISCLAIMS ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (VI) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT PROCURICS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES.

General Conditions

  • Technical support is only provided to paying account holders and is only available via email or telephone depending on your subscription package.

  • You understand that Procurics uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

  • You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  • If your bandwidth usage significantly exceeds the average bandwidth usage of other Procurics customers (as determined by Procurics in its sole discretion), Procurics reserves the right to immediately disable or impose restrictions upon your account until you reduce your bandwidth consumption.

  • The failure of Procurics to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Procurics and governs your use of the Services, superseding any prior agreements between you and Procurics (including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to Procurics's ability to amend these Terms of Service, they cannot be changed.

  • If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.

  • You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall enure to the benefit of and be binding upon you and Procurics and their respective successors (including any successor by reason of amalgamation) and assigns.

  • You agree that if you sue Procurics and do not obtain judgment in your favor, you will pay all of Procurics's costs, including reasonable fees for in-house and outside legal counsel.

  • These Terms of Service are governed by the laws of the United Arab Emirates, without giving effect to any principles of conflicts of laws contained therein, and all disputes or other matters arising out of this License will be dealt with by a court of competent jurisdiction in the United Arab Emirates. These laws apply to your access to or use of the Services, notwithstanding your domicile, residency or physical location. The Services are intended for use only in jurisdictions where they may lawfully be offered for use. You and Procurics specifically disclaim the UN Convention on Contracts for the International Sale of Goods.

  • It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.