BY USING, COPYING, DOWNLOADING ANY PORTION OF THE WEBSITE AND/OR ACCESSING/USING ANY SERVICES, LICENSES, SOFTWARE YOU(CUSTOMER/USER) ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY CUSTOMER/USER. THIS AGREEMENT IS ENFORCEABLE AGAINST CUSTOMER/USER. IF CUSTOMER/USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER/USER MAY NOT USE THE SOFTWARE.
COPYRIGHT.
ALL RIGHTS RESERVED. All the Materials including but not limited to software, documents, communications, files, text, graphics, software, pictures, designs, icons, audio/video clips, backend technology, algorithms etc are copyright of Cherub Software Pvt Ltd.
thatneedle.com and related software and other material is proprietary to Cherub Software Pvt. Ltd.
thatneedle.com is a venture of Cherub Software Pvt. Ltd.
Cherub Software Pvt Ltd. gives you the permission to electronically copy and print portions of this website for the sole purpose of placing an order or using our services for placing an order.
Any other use of materials is restricted, including but not limited to reproduction, modification, distribution, or republication for purposes other than mentioned above, without the prior written permission of Cherub Software Pvt. Ltd. This is NO transfer of any ownership of the contents to you. All rights not expressly granted are reserved by Cherub Software Pvt Ltd.
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Any service/software/material accessible via the Site is the copyrighted work of Cherub Software Pvt. Ltd. Use of such software is governed by the terms of the end user license agreement/Terms and conditions. Downloading, installing, and/or using any such software/service indicates your acceptance of the terms of the end user license agreement/Terms and conditions.
NO WARRANTIES
Cherub Software Pvt. Ltd. expressly disclaims any warranty for the website and its contents.
The website and its contents, software, services etc are provided on an "As Is" and "as available" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Cherub Software Pvt. Ltd. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Cherub Software Pvt. Ltd. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. The information and capability is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and does not constitute medical or other professional advice. Cherub Software Pvt. Ltd. further expressly disclaims any warranty or representation to Authorized Users or to any third party.
Also, the speed of the communication, connectivity between the users is subject to the service provided by the end users' communication vendors(i.e. the internet service provider). The performance of our products and services, therefore, will vary at different times and places.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ThatNeedle and Cherub Software Pvt Ltd OR AN AUTHORIZED REPRESENTATIVE OF Cherub Software Pvt Ltd SHALL CREATE A WARRANTY, DUTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE/SERVICE PROVE DEFECTIVE YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
LIMITATION OF LIABILITY
In no event shall Cherub Software Pvt. Ltd. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the software or this website, even if Cherub Software Pvt. Ltd. has been advised of the possibility of such damages. In no event will Cherub Software Pvt. Ltd. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Cherub Software Pvt. Ltd. shall have no liability with respect to the content of the software or this website or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
NON-ASSIGNMENT
You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent. We may transfer our rights under these terms to a third party.
CUSTOMIZATIONS, CONSULTANCY, SERVICES, PRODUCTS
Any payments that you transfer to us do-not include the delivery of source code of the software nor does it include any assignment of rights beyond a license-to-use as per the EULA. All rights not expressly granted are reserved by Cherub Software Pvt Ltd.
Any consultantion with ThatNeedle/ its representatives does not include any intellectual property transfer or assignment of rights and is without liability.
Please do not ask us for information on intellectual property/trade secrets for ThatNeedle during consultation. We reserve the right to decline such requests without refunding the consultation/engagement fee.
VISITOR/USER CONDUCT
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Further, you agree not to post or promote inflammatory, defamatory, derogatory, sexually explicit, violent content on the website. It is your responsibility to keep your conduct civilized on this social network. It is your responsibility to ensure that the material you submit is not copyrighted or subject to third party restrictions. Any such violation is the sole concern of the third party and the submitter. You agree not to use any automated system, script or software (including but not limited to “offline reader”, “spider” etc) that accesses Cherub Software Pvt. Ltd. or its website's pages. You further agree not to attempt to reverse engineer, crack the website. Cherub Software Pvt. Ltd's is a service provider enabling users to connect over the internet, and does not own the content posted by its end users. It is not responsible for any damage caused, either directly or indirectly, through the behaviour of its users.
TERMINATION
Cherub Software Pvt. Ltd. reserves the right to terminate your access to this website
DISTRIBUTORS, AFFILIATES etc
If you are an entity looking to distribute or do business on basis of thatneedle's expertise/solutions, bringing affiliate business to thatneedle, linking or referencing to Cherub Software Pvt. Ltd. website or any of its subsidiary or product websites for any reason etc you are agreeing to the distributor agreement below.
http://www.cherubsoft.com/distributor.html
If you do not agree to the distributor agreement above, please do not indulge in business development, sales, affiliate etc activities involving software from Cherub Software Pvt Ltd.
REFUNDS
We do not support refunds. We encourage you to explore the market and other solutions first so that you can better appreciate the value that Thatneedle brings to you.
Please pay only once you are convinced that this is the best in the market. It should be noted that solutions in this niche are subjective in nature and there is no one-true-solution. Performance will vary. Any performance or other benchmarks, comparisons are based on our internal performance tests which are conducted using specific computer systems and reflect the approximate performance of ThatNeedle library. Performance on your system could be different and variable. You agree and that you understand these aspects and the risks before engaging in a non refundable transaction with us.
End Users
If you are end user, who is ordering licenses to user Cherub Software Pvt. Ltd. prepackaged solutions, libraries, components, or having any custom solution made, you will get binaries only and the use of software will be subject to End User License Agreement (EULA). In any case Cherub Software Pvt. Ltd. / thatneedle.com or any of our venture does not share the source code of its solutions. (All deliverables are binary only). All our software is licensed, not sold, only in accordance with the terms of this agreement. All rights are reserved by Cherub Software Pvt Ltd. Any rights/licenses granted are non-exclusive in nature.
ENTIRE AGREEMENT, WAIVER, SEVERABILITY
This Terms of Service, EULA, each as amended and modified from time to time, together constitute the entire agreement between you and Cherub Software Pvt Ltd with respect to the SOFTWARE. The failure of Cherub Software Pvt Ltd to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.
If any part of this EULA is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this EULA, and the other parts will remain in full force and effect.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the SOFTWARE or this EULA. Furthermore, this EULA will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.
JURISDICTION
Each party irrevocably submits that the agreement shall be governed by and interpreted in all respects by the laws of India, as applicable to Union Territory of Chandigarh (India), without reference to conflict of laws’ principles, as such laws are applied to agreements entered into and to be performed entirely within India between residents of India.
Each party irrevocably agrees that any legal action, suit or proceeding must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the District or High court in Chandigarh, India, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Chandigarh, India, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party.
In any event, the agreement will not be governed by the United Nations Convention on Contracts for the international sale of goods and/or its implementing and/or its successor legislation and/or regulations, the application of which is expressly excluded. The Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement regardless of when or where adopted.
INDEMNIFICATION
You are fully responsible for all liabilities and expenses of any type whatsoever that may arise on account of your use of software or inability to use software. You shall indemnify and hold harmless Cherub including its affiliates, subsidiaries, employees, officers and directors etc from and against all claims, damages, liabilities, losses, actions, damages, costs (including attorney’s fees), and other expenses whatsoever that may arise or relate, either directly or indirectly, from use of and/or any reliance on the software or the inability to use the software/components.
PRIVACY POLICY
Your security and privacy is important to us. Below is an overview of the kind of information we do and do not store.
We DO NOT store your credit card information. We have tied up with a well known payment gateway to process your payment. We delegate payment processing to the payment gateway.
We are not responsible for the privacy settings or content of any external sites we link to.
We do store test run data and other input that you send to you send to us. This data is not attributed to you as an individual, so it may be considered anonymous.
We reserve the right to access your account for administrative purposes.
We do store your email-id, name, feedback, inputs etc obtained during your communication with us. This could be in the form of feedback, support requests etc. We do not sell out your personal information to other companies. Period.