Last updated: 16 May, 2021
These taqreri terms & (“agreement” or “terms”) govern your acquisition and use of taqreri services. if you register for a free trial for taqreri services, this agreement will also govern that free trial. by accepting this agreement, either by checking a box indicating your acceptance or by executing an order form that references this agreement, you agree to the terms of this agreement and these terms will then apply to you from the time that you first access the services (including where you have subscribed via an taqreri partner). if you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity and its affiliates to these terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. if you do not have such authority, or if you do not agree with these terms, you must not accept this agreement and may not use the services.
taqreri reserves the right to amend these Terms at any time, effective upon the posting of such modified Terms on the Website. taqreri will make every effort to communicate these changes to You via the Website and also via in-app notification. It is likely that the Terms will change over time. It is Your obligation to ensure that You have read and understood the most recent Terms available on the Website. They replace any prior agreement(s) between You and taqreri. When we change these Terms, the “last updated” date above will be updated to reflect the date of the most recent version.
“Agreement” or “Terms”
means these taqreri Terms and Conditions and includes any notices, policies, guidelines or conditions sent to You by taqreri or posted on the Website.
means the monthly or annual fee (excluding any taxes and duties) and any applicable one-time-service fees payable by You in accordance with the fee schedule set out on the Website and as agreed to in Your Order Form for the Services.
means any entity that directly or indirectly controls, is controlled by, or is under common control with, You (for example, one of Your subsidiaries).
means Your nominated contact entity and address for billing purposes.
means any information which the disclosing party identifies as confidential or which ought reasonably to be considered confidential because of its nature and the manner of its disclosure, including Subscriber Data and information about the disclosing party’s business plans, technical data, and the terms of Your Order but excluding information which is, or becomes, publicly available or that is already known by, or rightfully received by, the other party other than as a result of a breach of an obligation of confidentiality.
means any photos, images, videos, graphics, written content, audio files, code, information or data inputted or uploaded by You (including by an Invited User and, where You have subscribed to the Services via an taqreri Partner, by that taqreri Partner on Your behalf) into the Website processed or made available to You or others as a direct result of Your use of the Services and the Website (e.g., Subscriber specific reports).
“Intellectual Property Right”
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means a unique individual authorised by You to use the Services for Your benefit in accordance with this Agreement, including Your employees, representatives, contractors and agents and the employees, representatives, contractors and agents of Your Affiliates (if any).
means all liabilities, expenses, losses, damages and costs (including legal costs) and expenses, however arising. “Maximum Total Invited Users” means the maximum number of Invited Users as specified on Your Order Form or as subsequently varied from time to time by agreement with the taqreri support team.
means the subscription check out page where the taqreri Services, subscription plan, Maximum Total Invited Users, Renewal Period and other Usage Limitations and service features are selected (as subsequently varied from time to time by agreement between You and taqreri) and by which You agree or, where You have subscribed to the Services via an taqreri Partner, the taqreri Partner agrees on Your behalf, to subscribe to the Services.
means the date (monthly or annual) on which Your subscription renews.
means the period for which You agree to subscribe to the Services and (subject to clause 3.1(ii)) for which You agree to prepay the Access Fees (either monthly or annually) as specified in Your Order Form (and which may differ for each taqreri Service).
means the online inventory management and other taqreri platforms/products that You have subscribed to by an Order Form or, where You have subscribed to the Services via an taqreri Partner, the taqreri Partner has subscribed to on Your behalf, or that taqreri otherwise makes available to You via the Website (as may be varied from time to time by taqreri in accordance with clause 2.3).
“Subscriber”, “You” and “Your”
means the person or the company or other legal entity who is identified in the Order Form as the Subscriber. This can also be known as the “Account Owner”.
means the initial period (monthly or annual) for which you agree to subscribe to the Services and for which you agree to prepay the Access Fees as specified in Your Order Form, together with each subsequent Renewal Period (unless terminated earlier in accordance with the terms of this Agreement).
means the applicable taqreri entity specified in clause 10.5 based on the billing address specified in Your Order Form and, in each case, their legal successors.
means any authorised third party channel partner through whom you obtain a subscription to the Services.
means those limitations as specified on Your Order Form or as subsequently notified in accordance with clause 3.7, and includes any limitations that taqreri imposes in relation to future Services modules or features.
means the Internet site at the domain taqreri.com, any other sites and mobile apps operated by taqreri.
means, an organisation that You have added as a subscriber to the Services or that has been added with Your authority or as a result of Your use of the Services.
Any reference to “includes” or “including” is on a without limitation basis.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
a. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as expressly contemplated by these Terms or, where taqreri is the recipient, in order to provide the Services to You.
b. Each party’s obligations under this clause will survive termination of these Terms.
b. If You are subject to the territorial scope of the Regulation (EU) 2016/679 (GDPR), You agree that You are a “data controller” and that taqreri is a “data processor” (as those terms are defined in the GDPR) and that the terms of the Data Processor Agreement form part of this Agreement.
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of taqreri (or its licensors).
5.2. Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the taqreri Access Fees when due and any re-establishment fee due and payable under clause 5.6. You grant taqreri a licence to use, copy, transmit, store, and back-up Your Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of Services to You. For the avoidance of doubt, this licence is without limitation to taqreri’s right to create anonymised data compilations or similar works based on Your Data.
5.3. Backup of Data:
You must maintain copies of all Data inputted or uploaded into the Website. taqreri adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. taqreri expressly excludes liability for any loss of Data (including Data archived pursuant to clause 5.6) no matter how caused.
5.4. Third-party apps and Your Data:
If You enable third-party apps for use in conjunction with the Services, You acknowledge that taqreri may allow the providers of those third-party apps to access Your Data as required for the interoperation of such third-party apps with the Services. taqreri shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers. You also acknowledge that those third party app providers are independent of taqreri and those apps will be subject to terms and conditions and privacy notices set by their providers.
5.5. Accuracy of Data:
You agree and acknowledge that You are responsible for ensuring the accuracy of Data inputted into the Website by You or by any person on Your behalf (including an taqreri Partner). taqreri is under no obligation to ensure that Your Data in the Website is an accurate representation of Your actual business data.
5.6 Deletion and recovery of Data:
i. You choose to discontinue Your Services in accordance with clause 8.1;
ii. either party terminates this Agreement in accordance with clause 8.3;
iii. taqreri suspends or terminates this Agreement in accordance with clause 8.5; or
iv. taqreri otherwise suspends and/or terminates Your right to access to the Services and/or the Website in accordance with this Agreement,
it is Your responsibility to extract Your Data from the Website prior to the effective date of such suspension or termination. Following the effective date of suspension or termination, taqreri reserves the right, in taqreri’s sole discretion, to either (i) delete Your Data or (ii) archive Your Data for a period of time of up to six months (upon the expiry of which time taqreri may delete Your Data).
b. If taqreri has chosen to archive Your Data and if Your Services are subsequently re-established within the archive period then taqreri will restore Your access to the archived Data provided that You pay taqreri in advance:
i. all arrears of Your unpaid Access Fee over the period that the Data was archived; and
ii. a re-establishment fee or such other amount as is determined by taqreri in taqreri’s sole discretion and notified to You).
c. Where your right to access and use the Services and Website has been terminated and taqreri has chosen to archive Your Data, if You omitted to extract Your Data prior to the effective date of such termination and You subsequently notify us that You require access to Your Data then taqreri will temporarily restore Your access to the archived Data provided that You re-subscribe to the Services for a month and that You pay taqreri the associated Access Fee together with a one-off fee of such amount as is determined by taqreri in taqreri’s sole discretion and notified to You.
d. You acknowledge that any Data that may be archived and restored under this clause will include taqreri inventory data but may exclude integration and other taqreri Services data.
a. You represent and warrant that:
i. You have obtained all necessary consents and are otherwise authorised to input or upload the Data that You input or upload to the Website, including any Data inputted or uploaded to the Website by any Invited User or by an taqreri Partner on Your behalf; and
ii. You are similarly authorised to access the processed Data that is made available to You through Your use of the Website and the Services, in each case, whether the inputted or uploaded Data is Your own or that of anyone else.
6.2 Rights of third parties / access to Data:
a. You acknowledge and agree that taqreri has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person that is enforceable against us by any person (including Your Affiliates) other than You.
b. If You use the Services or access the Website on behalf of or for the benefit of anyone other than Yourself (whether a body corporate or otherwise) You agree that:
i. You are responsible for ensuring that You have the right to do so;
ii. In the case of a third person requiring access to Your Data (i.e., other than an Invited User), You are responsible for authorising any such person to access Your Data, and You agree that taqreri has no obligation to provide any such person with access to Your Data without Your prior written authorisation (and may refer any third party access requests for information to You to address); and
iii.You will indemnify taqreri against any Loss arising out of or in connection with taqreri’s refusal to provide such third persons with access to Your Data and/or taqreri enabling access by such third persons to Your Data where this has been done with Your written authorisation.
6.3 Acknowledgements and disclaimers:
You acknowledge and agree that taqreri gives no warranty about the Services and Website and, without limiting the foregoing:
a. The provision of, access to, and use of, the Services and the Website is on an “as is” basis and at Your own risk.
b. taqreri does not warrant that the use of the Services or the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service and the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services and the Website. taqreri is not in any way responsible for any such interference or prevention of Your access or use of the Services.
c. taqreri does not warrant that the Services or the Website will meet Your requirements or that the Services or the Website will be suitable for any particular purpose. It is Your sole responsibility to determine that the Services and the Website meet the needs of Your business and are suitable for the purposes for which they are used.
d. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to Your Data via the Website will comply with laws applicable to You (including any laws requiring You to retain records).
e. You are solely responsible for assessing the correct taxes you should charge Your customers.
6.4. No implied warranties:
To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including warranties of merchantability and fitness for purpose, title and non-infringement.
6.5. Consumer protection laws:
You warrant and represent that You are acquiring the right to access and use the Services and Website for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
You indemnify taqreri against all Losses that taqreri incurs arising out of or in connection with:
a. Your breach of any of these Terms;
b. any claims of tax authorities of any country, state, province or other jurisdiction in relation to the taxes levied on sales to Your customers; and/or
c. any third party claims against taqreri relating to Your Data or otherwise to Your use of the Services or Website or any third party app (or other third party product).
7.2 taqreri is not responsible:
To the maximum extent permitted by law, taqreri will not be liable to You (or any other person) in contract, tort (including negligence), or otherwise, for any Losses (whether direct or indirect) arising out of, or in connection with, Your use of, or reliance on, the Services or Website or otherwise arising out of or in connection with these Terms.
7.3. If, notwithstanding clause 7.2, taqreri is determined to have any liability to You (or any third party) arising out of or in connection with these Terms, taqreri’s liability in respect of any one incident, or series of connected incidents, will be limited to an amount equal to the Access Fees paid by You in the three months preceding the first such incident.
8.1. Trial policy:
When You first sign up for access to the Services You can evaluate the Services for a period of seven days, with no obligation to continue to use the Services. You may elect to, on or before the seventh day after the initial submission of Your Order Form, discontinue the Services and receive a full refund of any Access Fees paid minus any one-time-service fees accrued up to the date of discontinuation. If You do not elect to discontinue using the Services within this seven day timeframe, You will be billed from the day You first added Your billing details into Your Order Form. If You choose to discontinue using the Services, You must apply in writing to [email protected] to be removed from the Services.
8.2. Modifications by You to Your subscription:
You may only reduce Your subscribed Services to a lower level subscription lesser Service by providing taqreri with written notice via [email protected] at least ten days prior to the next Renewal Date and where You have not used the Service or Website features that are not available in the lower level subscription. The change to Your subscription will then take effect on that Renewal Date. You may change Your subscribed Services by adding additional Services or Invited Users or otherwise increasing Your subscription levels at any time.
8.3. No-fault termination:
The Subscription Term will renew automatically at the end of the initial period of Your Subscription Term and then subsequently at the end of each Renewal Period and the Access Fee for that month or year (as applicable) will continue to be due and payable in advance (in accordance with clause 3.1), unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the initial subscription period or the relevant Renewal Period (as applicable). If insufficient notice is given then:
a. if Your subscription renews on a monthly basis, Your subscription will not be cancelled until the next Renewal Date;
b. if Your subscription renews on an annual basis then, provided Your notice is received by taqreri no later than seven days following the Renewal Date, taqreri will accept Your notice of cancellation and will refund the Access Fees already paid by You in relation to the new Renewal Period. If Your notice is received by taqreri more than seven days after the Renewal Date then taqreri will accept Your notice of cancellation and may then choose (in its sole discretion) to refund some or all of the Access Fees already paid by You that relate to the unused portion of the new Renewal Period. Where we offer and You have selected an annual subscription with monthly billing then if your notice is received by taqreri during the initial period of Your Subscription Term or more than seven days after the Renewal Date then taqreri may invoice You for some or all of the Access Fees that relate to the unused portion of the initial subscription period or the new Renewal Period (as applicable).
a. Access Fees are paid in advance, however in the event that Your account becomes overdue this must be settled within five days otherwise taqreri reserves the right to suspend Your subscription and Your rights to access the Services, Website and the Data and to charge a reactivation fee to reinstate Your account (equal to the cost of a one month subscription). The Billing Contact will be notified once an account becomes overdue.
b. If You have subscribed to the Services via an taqreri Partner then that taqreri Partner may also request that Your account be suspended due to non-payment. In the event such a request is made taqreri will endeavour to contact You to confirm this and an in-application message will be posted for all Invited Users to see before Your account is suspended.
a. breach any of these Terms (including by non-payment of any Access Fees) and do not remedy the breach within thirty days after receiving notice of the breach if the breach is capable of being remedied;
b. breach any of these Terms and the breach is not capable of being remedied; or
c. You are declared bankrupt or You become bankrupt, insolvent, or You go into liquidation or a receiver or manager is appointed over any of Your assets, or You make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction, then (without limiting taqreri’s suspension rights at clause 8.4 above) taqreri may take any or all of the following actions, at its sole discretion:
i. terminate this Agreement and Your right to access and use the Services and the Website;
ii. suspend, for any definite or indefinite period of time, Your right to access and use of the Services and the Website;
iii. suspend or terminate Your access to any or all Data through the Website; or
iv. delete Your Data in accordance with clause 5.6.
8.6. Accrued Rights:
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
a. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
b. immediately cease to use the Services and the Website.
8.7. Expiry or termination:
Those clauses which by their nature survive expiry or termination, including clauses 3.1, 4, 5, 6, 7, 8 and 10, will survive the expiry or termination of these Terms.
8.8. Refund Policy:
Subject to clause 8.1 taqreri does not provide refunds if You decide to stop using the Services and accessing the Website at any time during Your Subscription Term.
9.1. Technical Problems:
You have a right to technical support, in accordance to the level of the service on Your subscription. taqreri will endeavour to address all queries and requests for assistance received through the Website or via email to [email protected] as promptly as reasonably possible, but does not warrant that support will be immediately available. Premium support is not available on all subscriptions.
9.2. Service availability:
Whilst taqreri intends that the Services and the Website should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason taqreri has to interrupt the Services for any period, taqreri will use reasonable endeavors to publish in advance details of such activity.
10.1. Entire agreement:
A waiver of any breach of any provision in these Terms shall not be effective unless that waiver is in writing and is signed by the party against whom that waiver is claimed. If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
10.4. No Assignment:
You may not assign or transfer this Agreement or any of Your rights under this Agreement to another person without our prior written consent. The transfer of the billing ownership may be requested by contacting [email protected]. It is at the discretion of taqreri to action this change over.
10.5. taqreri entity, governing law and jurisdiction:
The various taqreri entities are listed in the table below, along with the governing law of this Agreement and the dispute resolution venue:
|Billing Address||taqreri Entity||Address for notices||Registration Number||Law||Venue|
|Pakistan||Sharpvisions IT Company Pvt Ltd||Bin Dawood Tower, Faizabad Road, Saidu Sharif Swat||0167165||Khyber Pakhtunkhwa||Swat|
|Rest of the world||Sharpvisions IT Company Pvt Ltd||Bin Dawood Tower, Faizabad Road, Saidu Sharif Swat||0167165||Khyber Pakhtunkhwa||Swat|
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission unless an electronic error message is received by the sender. Notices to taqreri must be sent to [email protected]. Notices to You will be sent to the email address(es) on record in our account information for You. You must keep all Your account information current.