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TERMS AND CONDITIONS

The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you and Awery Software FZ-LLC (the "COMPANY"). In order to use the Service and the associated Software you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by the COMPANY (collectively, the "Service"), and downloading, installing or using any associated software supplied by the COMPANY which purpose is to enable you to use the Service (collectively, the "Software"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at https://www.awery.com/termsandconditions or through the Service.

COMPANY maintains the www.awery.com and www.awery.aero Website ("Site"). The following are the terms of use that govern use of the Site ("Terms of Use"). By using the Site you expressly agree to be bound by these Terms of Use and the www.awery.com privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. The COMPANY reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. Please check this page of the Site periodically. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, COMPANY may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.


DESCRIPTION OF SERVICE

We provide an array of services and applications: Awery ERP, Awery Documents Library, Awery Work Reports, Awery Task Desk, Awery Accounts and HR and others ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services or Desktop/Mobile Applications. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.


REPRESENTATIONS AND WARRANTIES

By using the Software or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. The Service and Software is not available to children (persons under the age of 18). By using the Software or Service, you represent and warrant that you (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to COMPANY through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade address, privacy, patent, or other personal or proprietary rights. The customers using the website who are minor /under the age of 18 shall not register as a user of the website and shall not transact on or use the website. By using the Software or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal or business use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws.


BY USING THE SOFTWARE OR THE SERVICE, YOU AGREE THAT:

  1. You will only use the Service or Software for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
  2. You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
  3. You will not copy, or distribute the Software or other content without written permission from the COMPANY.
  4. You will provide us with whatever proof of identity we may reasonably request.
  5. You are aware that when requesting services by SMS, standard messaging charges will apply.
  6. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
  7. You will only use the Software and Service for your own use and will not resell it to a third party.
  8. You will not impair the proper operation of the network.
  9. You will not try to harm the Service or Software in any way whatsoever.
  10. You will report to the COMPANY any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Service.
  11. You will not abuse our promotional or credit code system by redeeming multiple coupons at once.
  12. The COMPANY warrants the use of the services as-is as available, however, the client can share ideas or requirement to the COMPANY which may be taken up in times to come. Any such ideas developed by the COMPANY will be owned by the COMPANY.

To utilize a service, you will be required to register your personal or business information, including your name, address, phone number, email address ("User Profile") and any other data COMPANY may reasonably require on the Website. By creating a User Profile, you acknowledge that the information provided by you is true and that you will update such information to ensure that your User Profile is constantly up to date. A User Profile can be updated simply by logging in to your account and amending your submitted information as may be required.


INTELLECTUAL PROPERTY OWNERSHIP

The COMPANY alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the COMPANY. The COMPANY name, the COMPANY logo, and the product names associated with the Software and Service are trademarks of the COMPANY or third parties, and no right or license is granted to use them.

COMPANY is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through COMPANY's system. The Online Materials are COMPANY's intellectual property, and are protected. The Online Materials may not be copied or redistributed either in whole or in part without prior written consent of COMPANY, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of COMPANY. All rights, titles and interests in and to the Online Materials will be and remain vested solely in COMPANY. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the Online Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the Online Materials at create a product for resale or to use the Online Materials in any way that competes with COMPANY.

You acknowledge and agree that COMPANY will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the Online Materials made by or for you. At COMPANY's request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to COMPANY or perfect these rights, titles or interests in COMPANY's name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. COMPANY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


USER ACCOUNT

You are the sole authorized user of any account you create with the Software. You are responsible for maintaining the confidentiality of any password or account number provided by you or the COMPANY for accessing the Software. You are solely and fully responsible for all activities that occur under your password or account. If you use COMPANY Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. The COMPANY has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, you will notify the COMPANY immediately.


FEES AND PAYMENTS

The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan by informing us that you do not wish to renew the subscription, and obtain written acknowledgement of such information that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us, and obtain written acknowledgement of such information provided to us, at least seven days prior to the renewal date. If you have not downgraded to a free plan (if available) and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized COMPANY to charge the subscription fee to the Credit Card last used by you. Please click here to know about our Refund Policy

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.


RESTRICTIONS OF USE

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, COMPANY name, etc. without their prior written permission; (v) publish any personal, business or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of COMPANY; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.


SUBSCRIPTION TO BETA SERVICE

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that COMPANY will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.


USER GENERATED CONTENT

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that COMPANY will have the right to block access to or remove such content made available by you if COMPANY receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by COMPANY for this purpose.


SAMPLE FILES AND APPLICATIONS

COMPANY may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. COMPANY makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.


TRADEMARK

COMPANY, Product, Site, Software or Services logos, the names of individual Services and their logos are trademarks of COMPANY. You agree not to display or use, in any manner, the COMPANY trademarks, without COMPANY’s prior permission.


SPAMMING AND ILLEGAL ACTIVITIES

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.


USER SIGN UP OBLIGATIONS

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if COMPANY has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, COMPANY may terminate your user account and refuse current or future use of any or all of the Services.


ORGANIZATION ACCOUNTS AND ADMINISTRATORS

When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.

You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that COMPANY is not responsible for account administration and internal management of the Services for you.

You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. COMPANY may provide control of an administrator account to an individual providing proof satisfactory to COMPANY demonstrating authorization to act on behalf of the organization. You agree not to hold COMPANY liable for the consequences of any action taken by COMPANY in good faith in this regard.


PERSONAL INFORMATION AND PRIVACY

Personal information you provide to COMPANY through the Service is governed by COMPANY Privacy Policy. Your selection to use the Service indicates your acceptance of the terms of the COMPANY Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to info@awery.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.


INACTIVE USER ACCOUNTS POLICY

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. We may provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.


DATA OWNERSHIP

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant COMPANY the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for COMPANY’s commercial, marketing or any similar purpose. But you grant COMPANY the permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

The content created and stored by you is owned by you and COMPANY is not granted any right in use of this service to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for COMPANY’s commercial, marketing or any similar purpose.


COMPLAINTS

If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy COMPANY in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by COMPANY to the complainant.


PAYMENT TERMS

Any fees which the COMPANY may charge you for the Software or Service, are due immediately and are non- refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage. COMPANY may decide to terminate your usage on account of you causing a disruption to our Software or Service either planned, accidental or intentional, or any reason whatsoever. The COMPANY reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.

The customer will receive payment confirmation through email and/or SMS within 24 hours after the payment has been processed. The COMPANY does not take any responsibility for failed payment confirmation due to transitional error in the system or payment gateway. In such a case, COMPANY can be reached on info@awery.com for assistance.

The COMPANY, at its sole discretion, makes promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The COMPANY may change the fees for our Service or Software as we deem necessary for our business. We encourage you to check back at our website periodically or request it by email if you are interested about how we charge for the Service of Software.


CHANGES AND CANCELLATION

You may cancel, terminate, or amend any services utilized on our Software or Site at any time. On such termination and cancellation, any remaining period of services available to you under your subscription shall forthwith be cancelled and you will no longer be able to access or utilize your account, the Site, Software or Service. However, you are aware and accept that no refund shall be made available to you for the remaining unutilized period of your subscription whatsoever. On such cancellation and termination, any data that might be in your account will be deleted and expunged from our servers and that you will not be able to retrieve any data from your account post the termination.


THIRD PARTY INTERACTIONS

During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third- party. The COMPANY and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The COMPANY does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the COMPANY or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The COMPANY provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the COMPANY disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.


INDEMNIFICATION

You agree to defend, indemnify and hold harmless the COMPANY and its officers, directors, employees, agents, parent company, group companies, subsidiaries, other partners and affiliates (each, an "Indemnified Party"), from and against any losses, claims, demands, liability, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party or any third party arising out of, relating to or resulting from your use or unauthorized use of the Software/site including also your use of the Site to provide a link to another site or to upload content or other information to the Site or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any laws of the Emirate of Dubai and the applicable Federal Laws of United Arab Emirates, or any other jurisdictions which may be relevant. The COMPANY shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.


LICENCE GRANTED TO YOU

By providing materials to COMPANY, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted COMPANY an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. COMPANY may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against COMPANY for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to COMPANY. Any communication or materials you send to COMPANY will be treated as non- confidential and non-proprietary and may be disseminated or used by COMPANY for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.


ADVERTISING

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. COMPANY is not responsible for the acts or omissions of any advertiser or sponsor.


SEVERABILITY

If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.


DISCLAIMER

Use of the software is entirely at your own risk. Changes are periodically made to the Site, Software or Service and may be made at any time without notice to you. The software is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. The COMPANY makes no warranties or representations about the accuracy or completeness of the content provided through the software or the content of any websites linked to the service. The COMPANY assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service or the software; (iii) any unauthorized access to or use of the COMPANY's secure servers and/or any and all personal or business information and/or financial information stored therein.

The COMPANY does not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful goods. If your use of the website results in the need for servicing or replacing equipment or data, the COMPANY shall not be responsible for those costs. The COMPANY, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including without limitation the warranty of merchantability, non-infringement of third party rights and the warranty of fitness for a particular purpose. The COMPANY makes no warranties about the accuracy, reliability, completeness or timeliness of the content, services, software, software, text, graphics or links. The COMPANY and its affiliates and licensors cannot and do not guarantee that any personal or business information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

Focussoftnet.com is a website owned and operated by Awery Software FZ-LLC, based in Hyderabad, Telangana, India.

COMPANY is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Web site is correct, complete, and up-to-date. Although focussoftnet.com may include links providing direct access to other Internet resources, including Websites, COMPANY is not responsible for the accuracy or content of information contained in these sites.


INTERNET DELAYS

The COMPANY's service and software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The COMPANY is not responsible for any delays, delivery failures, or other damage resulting from such problems.


LIMITATION OF LIABILITY

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. COMPANY may change, suspend, or discontinue any aspect of the Site at any time. COMPANY may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part. In no event shall the COMPANY and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). In no event shall the COMPANY's aggregate liability exceed the amounts actually paid by you in the one (1) month period immediately preceding the event giving rise to such claim. The COMPANY and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including not limited to loss, damage or injury arising out of, or in any way connected with the service or software, including but not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or software, even if the COMPANY and/or its licensors have been previously advised of the possibility of such damages.

SITE OPERATION: United Arab Emirates is our Country of Domicile. COMPANY controls this Site from the U.A.E. COMPANY makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

MULTI-CURRENCY PRICED TRANSACTION, the displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.

PURCHASES. COMPANY accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider's user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of COMPANY. All refunds, if applicable, will be made onto the original mode of payment.

PERMITTED USE. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal or business use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal or business use, unless otherwise specifically authorized by COMPANY to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by COMPANY to do so. The content and software on this Site is the property of COMPANY. The cardholder must retain a copy of transaction records and Merchant policies and rules.


NO COMMERCIAL USE

You may not use this Site for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain COMPANY's prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. COMPANY will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.


LINKS AND SEARCH RESULTS

The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. COMPANY has no control over these sites or the content within them. COMPANY does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. COMPANY does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against COMPANY for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at info@awery.com.


COPYRIGHT POLICY

COMPANY may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.


CANCEL OR DELETE SUBSCRIPTION

In order to cancel or delete a service subscription, you need to ensure that you have Administrator access to your account.

Before you cancel, we recommend that you export your data to your local Computer.


TERMINATION

At its sole discretion, the COMPANY may modify or discontinue the Software, or may modify, suspend or terminate your access to the Software or the Service, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, the COMPANY reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Software or unsubscribe from your subscription. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.


FORCE MAJEURE

The COMPANY will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the COMPANY's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.


GOVERNING LAW

The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.


VIOLATION OF TERMS OF US

You understand and agree that in COMPANY's sole discretion, and without prior notice, COMPANY may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if COMPANY believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of COMPANY, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to COMPANY for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. COMPANY may release user information about you if required by law or subpoena.


DISPUTE RESOLUTION

Any dispute, claim or controversy arising out of or in connection with this Agreement, including a dispute, claim or controversy arising in relation to its interpretation or relating to any non-contractual obligations arising out of or in connection with this agreement (a "Dispute") shall be settled amicably between the parties following the receipt by either party of written notice of the Dispute from the other party. In the event that a Dispute cannot be settled amicably within a period of 90 days from the date on which the relevant party notifies the other in writing that a Dispute has arisen, the parties agree that such Dispute shall be referred to and finally settled by arbitration under the DIFC-LCIA Arbitration Rules (the "Rules"), which Rules are deemed to be incorporated by reference into this Agreement. The seat, or legal place, of arbitration shall be the DIFC.

The number of arbitrators shall be three. Each party will nominate one arbitrator for appointment by the LCIA Court. The third arbitrator, who shall act as chairman, shall jointly be nominated by the other arbitrators so nominated and appointed by the LCIA Court.

The language to be used in the arbitration shall be English.

The award made by the arbitrator shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. To the extent permissible by law, the parties hereby waive any right to appeal against the decision of the arbitrator.

This "Dispute Resolution" section will survive any termination of this Agreement.


ENTIRE AGREEMENT

The Agreement and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and the COMPANY, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and the COMPANY with respect to the Software and Services.


PRIVACY POLICY

Our Privacy link is online on the following link:

https://awery.com/privacy-policy

REFUND POLICY:

Monthly Subscriptions. If at any time during your first month using our service you are dissatisfied, please contact us. We will do our best to address your issue, provide a work around or give a timeline for a solution that will meet your needs. If you are not satisfied, we will gladly offer you a FULL REFUND for your purchase, and downgrade your account to the free plan for that service if available.

> Annual Subscriptions. > COMPANY doesn't force you into an annual subscription as a condition to use our services. We prefer to give you the flexibility to choose. In exchange for you signing up for an annual upfront commitment, we offer you a significant discount over the already-low monthly subscription cost. If at any time during your first 45 days using our service you are dissatisfied, please contact us. We will do our best to address your issue, provide a work around or give a timeline for a solution that will meet your needs. If you are not satisfied, we will gladly offer you a FULL REFUND for your purchase, and downgrade your account to the free plan if available.

We want you to be happy with our service throughout your entire contract, not only the first 30 days (in case of monthly subscription) and the first 45 days (in case of annual subscription). So we go beyond that. If at any time during your contract we remove, break or discontinue functionality that was available at the time you signed up for your contract, we ask you to notify us immediately. If we fail to address it on a timely manner to your entire satisfaction, we will offer you a PRO-RATED REFUND for the reminder of your contract.

Auto-Renewal. For your convenience, your monthly and yearly subscriptions will auto-renew until you cancel the service. Every time before your subscription auto-renews, we will send a mail specifying the amount that will be charged to your credit card. Similarly, after each renewal we will send you a receipt via e-mail specifying the amount that has been deducted together with the next renewal date and the next renewal amount.

We know that sometimes customers forget to cancel an account they no longer want until it is has already been charged. That's why you can cancel your monthly/annual subscription even five business days after your renewal date, and we will still process your cancellation and give you a FULL REFUND.


Exception to our Refund Policy

Please note that we will not entertain a request for refund (FULL or PRO-RATED) when we have suspended or terminated your access to COMPANY Services due to a violation of our Terms of Service.


Delivery Policy

It is subscription based software and delivery is online.

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