The terms of conditions listed below refer to the Salespod
client application as well as the Salespod website
(hereinafter referred to as the 'Salespod system'). The Salespod
system is a service offered by the service provider (hereinafter
'Salespod Inc.'). General conditions of Use apply to all system
users and site visitors.
The user ('user') is any legal or individual person who was
assigned a user name and a password for accessing the Salespod
system
By accessing any part of the Salespod system, you agree to abide
by these Terms and Conditions of Use.
If you do not agree to these Terms and Conditions of Use, please
do not use the Salespod system.
Use
Salespod Inc. maintains the Salespod system and further strives
to ensure the system's availability ('uptime') 24 hours a day, all
year round. The Salespod system functions within the specifications
and purposes of the program, in a manner that Salespod Inc. has
described in great detail in documents widely accessible to the
public. Salespod Inc. does not bear responsibility for any
disturbances and interruptions due to connectivity issues or for
any other occurrences beyond their direct control. Salespod Inc.
shall not, at any time, be liable for any damage or loss of any
kind, caused as a result of the improper use of the Salespod
system, due to inadequate equipment or the inability to use it in
the right way. Salespod Inc. shall in no way be liable for any
damage arising from the inability to connect to the Salespod system
for the aforementioned reasons.
In using the Salespod system, the user agrees:
- Not to use false identities and/or use the system in an
unauthorized manner, on behalf of any legal or private
person,
- Not to use the Salespod system for achieving any illegal
goals,
- Not to obstruct the networks, which are needed to provide the
service,
- Not to use any device, software, program or other means in order
to obstruct the functioning of the web page, and not to obstruct
transactions which are offered by the Salespod system,
- Not to take any action which could damage the infrastructure of
the Salespod system,
- Not to use any tool to automate the access to the system
(agents, robots...), for any reason.
Salespod Inc. reserves the right to restrict the user's access
to the Salespod system, at any time, if the user violates any of
the aforementioned regulations.
Customer support
Salespod Inc., being the sole provider of the Salespod service,
is responsible for offering customer service to its users. Salespod
customers may contact customer support at any time, provided that
their subscription to Salespod is still active.
Our support services predominantly serve the following
needs:
- Correction of mistakes made during the installation of the
program's equipment of the provider,
- Assistance with applications that are part of the Salespod
system via e-mail (the address of the user support) and/or by
telephone.
- In the unlikely scenario that a user spots any bugs or other
kinds of errors in the system, he is to report immediately such
finding to Salespod Inc.
- The latter in turn commits itself to fix any bugs and correct
any errors in the shortest amount of time possible. Salespod Inc.
shall not bear responsibility for any damage a user might incur as
a result of these inconveniences.
Software updates
From time to time, the Salespod service software may be updated.
These updates are predominantly intended to improve, upgrade and
further enhance Salespod's service. Updates may consist of files
for eliminating mistakes, files with upgraded functions, new
software modules and completely new versions of the software.
In order to facilitate the updating process, the download of new
files from the provider's server occurs automatically on the users'
smartphones. The user agrees to accept these files and to install
them on his mobile device as part of the Salespod system.
Limitation of liability
Salespod Inc. hereby states that all information and services
offered on their web pages are on an "as is", "as available" basis
without warranties of any kind on their availability and regularity
i.e. its purpose. The user utilizes the Salespod Inc. website at
his sole risk. In no event shall Salespod Inc. be liable for any
direct or indirect losses or damages arising out of or in
connection with his use of or inability to use the information
and/or services from this site, i.e. because of the possible
mistakes or incorrect information which could be found on the
site.
Salespod Inc. is continually working on offering the maximum in
terms of technical correctness on their web pages. In no event
shall Salespod Inc. be liable for any direct or indirect losses,
damages or inconveniences arising out of possible technical
difficulties or interrupted work.
Salespod Inc. hereby guarantees for the adequate equipment
solely, and shall not be liable for any irregularity or
unlawfulness, arising out of the use of inadequate equipment or the
user's inability to utilize it.
Payments and system usage costs
The Salespod system is available exclusively as a paid service.
In order to use the system, a user must first first sign an
agreement for use of the Salespod system. The service provider will
charge for the costs of using the Salespod system according to the
tariffs valid on the day when the service is used or in compliance
with the tariffs defined in the agreement.
Cancellation of services
Salespod Inc. reserves the right to terminate offering the
Salespod system service to any and all users that violate the terms
and conditions of usage.
Salespod Inc. may temporarily suspend the services of the
Salespod system to the users if they fail to settle the payments
that they owe to the service provider.
The user has the right to cancel using the services of the
Salespod system at any time by submitting a written request for the
termination of the agreement, unless otherwise agreed
differently.
Security of access, privacy and data protection
Salespod Inc. reserves the right to collect statistics
concerning the access and usage of the Salespod system. Salespod
Inc. will use all available technical and economically justifiable
means to protect the user's business data from unauthorized access
by other persons. In no event shall Salespod Inc. be responsible
for legal or illegal breaches of a user's personal data and their
disclosure to a third person (by way of a court decision, by
breaking into the system, etc.)
Salespod Inc. will make sure that all internal associates are
familiar with the proceedings and regulations for the security of
data. In order to provide necessary security of data, the user will
be entirely responsible for maintaining the confidentiality of his
user names and passwords, and he willl, by no means, forward them
to other legal and private persons. In case a password is lost or
stolen, the user agrees to notify Salespod Inc. immediately, who,
in that case only, will issue a new password and check for any
intrusions.
Users failing to comply with the guidelines concerning passwords
safety shall be liable for any possible damage resulting from the
destruction or unwanted disclosure of their business data.
Final regulations
Salespod Inc. reserves the right to alter general conditions of
their business conduct and tariffs without any previous consent
from its users. In case the user does not agree with any of these
changes, he may cancel the agreement at any time.
The contractual parties accept to solve all disputes, which
could arise from their relationship, by mutual agreement. If an
agreement is not possible, they shall refer to The Municipal Court
in Zagreb for resolving the dispute. Legal regulations of the
Republic of Croatia apply for any legal relationships arising from
these conditions.
Zagreb, July 04, 2010.