Terms and Conditions
Welcome to metricapp.co also hereby known as “we”, “us” “they” “our” or “Metric”. We are an online accounting platform that allows startups and early stage businesses (“User/Users”) for financial tracking and insights (“Services”) who access and register our site along with its related sub-domains, sites, mobile app, services and tools (“Site/Sites”).
Please read the following terms and conditions (“Terms” / “User Agreement”) which govern your access and use of Metric. These also contain important information about your rights and obligations, as well as limitations and exclusions that apply to your use of Metric.
By using the Site, you hereby accept these Terms (including the linked information herein) and represent that you agree to comply with these Terms. This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these Terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
A – CONDITIONS OF USE
- User’s Accounts
Users must be registered on the Site to access or use our Services. Except with the Metric’s approval, one User may only register one Account on the Site. Metric. Further, Metric may reject User’s application for registration for any other reason.
Upon registration on the Site, Metric shall assign an account and issue a User ID and password (the latter shall be chosen by a User during registration) to each User (“User ID”). An Account may have a web-based email account with limited storage space for the User to send or receive emails.
Each User ID is unique to each Account. Each User shall be solely responsible for maintaining the confidentiality and security of their User ID and for all activities that occur under their Account. No User must share, assign, or permit the use of its/his/her User ID by another person outside of the User’s own business. Users agree to notify Metric immediately if they become aware of any unauthorized use of their password or account or any other breach of security of their Account.
All Users agree that all the activities that occur under their Account (including without limitation, adding any information, clicking to accept any additional agreements or rules, subscribing to any Services, sending emails using the email account or sending short messaging services) will be deemed to have been authorized by the User.
All Users acknowledge that sharing of their Account with other persons, or allowing multiple User outside of their business to use their Account (“Multiple use”), may cause irreparable harm to Metric or Users themselves. Users shall completely indemnify Metric, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the Multiple use of their Account. Users also agree that in case of the Multiple use of their Account or User’s failure to maintain the security of their Account, Metric shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s Account without liability to the respective User.
- Users’ Responsibilities:
All Users represent, warrant and agree that:
- they shall have complete power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;
- they use the Sites and Services for business purposes only; and
- the address they provide when registering with Metric, must be the principal place of business of their business or their actual residential address. For purpose of this provision, a branch or liaison office will not be considered a separate entity and their principal place of business will be deemed to be that of their head office.
User represent, warrant and agree that:
- such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Services is true, accurate, current and complete, and
- they shall maintain and promptly amend all information and material to keep it true, accurate, current and complete.
All Users represent, warrant and agree that:
- they shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any user content (“User Content”) that they submit;
- any User Content that they submit does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and
- they and their affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
All Users further represent, warrant, and agree that the User content that they submit, post or display shall:
- be true, accurate, complete and lawful;
- not be false, misleading or deceptive;
- not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- not violate the Services on the Site, other terms or any applicable additional agreements;
- not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations;
- not contain any link directly or indirectly to any other web sites which include any content that may violate the Terms.
All Users further represent, warrant and agree that they shall:
- carry on their activities on the Sites in compliance with any applicable laws and regulations;
- conduct their business with other Users of the Sites in good faith;
- carry on their activities in accordance with the Terms and any applicable additional agreements;
- not use the Services or Sites to defraud any person or entity;
- not impersonate any person or entity, misrepresent themselves or their affiliation with any person or entity;
- not engage in spamming or phishing;
- not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
- not involve in any attempts to copy, reproduce, exploit or expropriate Metric’s various proprietary directories, databases and listings;
- not involve any computer viruses or other destructive or interruptive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- not involve in any scheme to undermine the integrity of the data, systems or networks used by Metric and/or any User of the Sites or gain unauthorized access to such data, systems or networks;
- not, and their director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities are organized or have operations are not persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities/authorities; and
- not engage in any activities that would otherwise create any liability for Metric or our affiliates.
Users may not use the Services and User ID to engage themselves in activities which are identical or similar to Metric’s business.
Users agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Metric’s provision of the Services, evaluating whether the User has breached the Terms and/or handled any complaint against other Users. User’s failure to do so results in delay in, or suspension or termination of, the provision of any Services, Metric shall not be obliged to extend the relevant Service period nor shall be liable for any loss or damages arising from such delay, suspension, or termination.
Users acknowledge and agree that Metric shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessed through the Services or Sites.
Users acknowledge and agree that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Sites and Services are in compliance with the same.
- Permission to Use the Site
We grant you a limited permission to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This permission does not include any resale or commercial use of this Site or its contents; any collection and use of any service listings, descriptions, or any derivative use of this Site or its contents, any downloading or copying of account information for the benefit of another User; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial, personal or other purposes without our express written consent, as may be applicable.
You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of User Account, Services, or any existing incomplete business with us and in severe cases may also result in legal action on:
- refusal to comply with the Terms described herein or any other guidelines and policies related to the use of the Site as available on the Site at all times;
- impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- use the Site for illegal purposes;
- attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site or Services;
- interfere with other User’s utilization and enjoyment of the Site;
- post, promote or transmit through the Site any prohibited materials as deemed illegal by the Islamic Republic of Pakistan; and/or
- use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another User’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws.
You agree not to undertake any action to undermine the integrity of the computer systems or networks of Metric and/or any other User nor to gain unauthorized access to such computer systems or networks.
You also agree not to undertake any action which may undermine the integrity of Metric feedback system, such as leaving positive feedback for yourself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
By submitting any information on the Sites or providing any User Content to Metric or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Metric to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to Metric that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
- Conduct of Users
You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
- to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”.
- to cause annoyance, inconvenience or needless anxiety.
- to any other purposes that is other than what is intended by us.
- Submissions by Users
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. We may, but shall not be obligated to, remove or edit any submissions without any notice or legal course applicable to us in this regard.
- Breaches by Users
Metric reserves the right in their sole discretion to remove, modify or reject any User Content that Users submit to the Sites which they reasonably believe is unlawful, violates the Terms, or could subject Metric or their affiliates to a certain liability, and is otherwise found inappropriate in Metric’s reasonable opinion.
If any User breaches any Terms, or if Metric has reasonable grounds to believe that a User is in breach of any Terms, Metric shall have the exclusive right to take such disciplinary actions as they deem appropriate, including without limitation:
- suspending or terminating the User’s Account and any or all accounts determined to be related to such Account by Metric in their discretion;
- restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any of the Service;
- removing any User Content that the User has submitted or imposing restrictions on the limits of User Content that the User may submit;
- imposing other restrictions on the User’s use of any features or functions of any service as Metric may consider appropriate in their sole discretion; and
- any other corrective actions, discipline or penalties as Metric may deem necessary or appropriate in their sole discretion.
Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:
- upon complaint or claim from any third party;
- Metric has reasonable grounds to suspect that such User has used a stolen credit/debit card or other false or misleading information in any transaction with a counter party;
- Metric has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading; or
- Metric believes that the User’s actions may cause financial loss or legal liability to Metric or their affiliates or any of the other Users.
Metric reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Metric may disclose the User’s identity, contact information and/or information regarding the User’s Account(s), transactions or activities carried out on or via the Sites, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena, notice or other legal action. Metric shall not be liable for damages or results arising from such disclosure, and Users agree not to bring any action or claim against Metric for such disclosure.
Metric may, at any time and in their reasonable discretion, impose limitations, suspend or terminate the User’s use of any Services or the Sites without being liable to the Users if Metric has received notice that the User is in breach of any agreement or undertaking with any affiliate of Metric such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Metric shall not be required to investigate such breach or request confirmation from the User.
Each User agrees to indemnify Metric, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission of any User Content, from your use of the Sites or Services, or from your breach of the Terms.
Each User further agrees that Metric is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. Metric reserves the right, at the expense of the Users, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Users, in such event the Users shall cooperate with Metric in asserting any available defenses.
- DISCLAIMERS AND LIABILITIES
- Continued Availability of the Site
We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or Services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
- Claims Against Objectionable Content
We list scores of services for rendering or acquiring by numerous Users on the Site and host multiple comments on listings, it is not possible for us to be aware of the contents of each service listed for rendering or acquiring, or each comment or review that is displayed. Accordingly, we operate on a “claim, review and takedown” basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately by following by writing to us on firstname.lastname@example.org we will make all practical endeavors to investigate and remove valid Objectionable Content complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of Objectionable Content party, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
- Claims Against Infringing Content
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at email@example.com and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.
While we cannot provide legal advice, nor share private information as protected by the law, we recommend that any questions or concerns regarding your rights may be routed to a legal specialist.
- Disclaimer of Liability
While we have taken precautions to avoid inaccuracies in content of this Site, all content, information, software, Services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the rendering or acquiring of any services on the Site. At no time shall any right, title or interest in the services offered through or displayed on the Site vest with us nor shall Metric have any obligations or liabilities in respect of any transactions on the Site.
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.
Any material downloaded or otherwise obtained through the Sites is done at each User’s sole discretion and risk and each User is solely responsible for any damage to Metric computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Metric or through or from the Sites shall create any warranty not expressly stated herein.
- Limitation of Liability
You agree that neither Metric, nor its employees, directors and personnel shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with (i) your use of the Site, and (ii) in connection with the Services availed through the Site. You further agree that Metric shall not be liable for any damages arising from interruption, suspension or termination of Services, including without limitation any direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
You agree to defend, indemnify and hold harmless Metric and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Site or from any breach by you of these Terms, including without limitation any actual or alleged violation of any federal, provincial or local statute, ordinance, administrative order, rule or regulation. Metric 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. You agree that this clause shall survive termination of this User Agreement.
- TRADEMARKS AND COPYRIGHTS
Metricapp.co, Metric logo, Metric, and other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and Service names are the trademarks or trade dress and may not be used in connection with any service that does not belong to us or in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.
Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site (“Software”).
You may use the Software solely for purposes of enabling you to use and enjoy our Services as permitted by these Terms and any related applicable terms as available on the Site. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing you Services and we may terminate your right to use the Software at any time. Your rights to use the software will automatically be terminated without notice from us if you fail to comply with any of the Terms listed herein or across the Site. Additional third-party terms contained within the Site or distributed as such that are specifically identified in related documentation may apply and will govern the use of such Software in the event of a conflict with these Terms. All Software used in any of our Services is our property and/or our affiliates or its Software suppliers and protected by the laws of Pakistan including but not limited to any other applicable copyright laws.
You may not, and will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our Software whether in whole or in part, or create any derivative works from or of the Software.
- GENERAL PROVISIONS
- Communicating with Us
When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, short messaging service, and phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Site (and/or placement of your order) and agree to treat all modes of communication with the same importance.
- Amendments to Conditions or Alterations of Service
We reserve the right to make changes to the Site, its policies, these Terms and any other publicly displayed condition or Service promised at any time. You will be subject to the policies and Terms in force at the time you used the Site unless any change to those policies or these Terms is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
Metric reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms, effective immediately without prior notice. Your continued use of the Site following any revision to these Terms shall constitute your complete and irrevocable acceptance of any and all such changes. Contact us if you have any comments or questions, please do not hesitate to reach out to us at firstname.lastname@example.org.
- Events Beyond Our Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause or reason which is beyond our reasonable control.
Under no circumstances shall Metric be held liable for any delay or failure or disruption of the Services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the Terms stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these Terms.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate these Terms or revoke any or all of your rights granted under these Terms. Upon any termination of this agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
- Governing law and jurisdiction
These Terms are governed by the laws of Pakistan. The Pakistani courts in Islamabad shall have the exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms, and each party hereby consents to the jurisdiction and venue of such courts. If any provision of these Terms is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Service, which shall remain in full force and effect. Any offer for any feature, Service or application made on this application is void where prohibited.