Welcome to Polyware iERP System

Welcome to iERP!

These terms and conditions outline the rules and regulations for the use of Polyware iERP’s system, located at https://ierp2u.com/.

By accessing this system, we assume you accept these terms and conditions. Do not continue to use iERP if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this Polyware iERP’s system and compliant to the Company's terms and conditions. “The Company”, “Provider”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Intellectual Property Rights

Services and Provider Materials. Except as explicitly set forth herein, all right, title and interest in and to the Services and Provider Materials, including all Intellectual Property Rights therein, are and will remain with Provider and the respective rights holders in the Third- Party Materials.

Client Data. As between Client and Provider, Client is and will remain the sole and exclusive owner of all right, title and interest in and to all Client Data, including all Intellectual Property Rights relating thereto, subject to Provider’s, its Subcontractor’s and the Provider Personnel’s use of the data solely to perform the Services.

Standard of Care

(a) We acknowledge and agrees that, in the course of its engagement by Client, Provider may receive or have access to Client Data. We shall comply with the terms and conditions set forth in the Agreement and all applicable Law in its collection, receipt, transmission, storage, disposal, use, disclosure and other Processing of such Client Data. We shall be responsible for, and remain liable to Client for, the actions and omissions of all Authorized Persons as if they were Provider’s own actions and omissions.

(b) Client shall ensure that (i) all Client Data has been, and will continue to be, collected and used in accordance with the notice, consent and other requirements of applicable Law and the Agreement; (ii) it has, and will continue to have, the right to transfer Client Data to Provider for the purpose(s) set forth in the Agreement; and (iii) its instructions to Provider with respect to Client Data are lawful and will not cause Provider to be in breach of any applicable Law nor create legal or regulatory liability on the part of Provider if such instructions are followed.

(c) As between the parties, Client and/or any of Client’s applicable Affiliate(s) is the sole owner of all Client Data. For clarity, Client Data is deemed to be Confidential Information of Client and is not Confidential Information of Provider.

(d) In recognition of the foregoing, Provider agrees that it shall: (i) keep and maintain all Client Data in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use, disclosure or other Processing; and (ii) not, directly or indirectly, disclose Client Data to any person other than its Authorized Persons without express written consent of Client.

Information Security

(a) Provider shall implement and maintain a written information security program that includes administrative, physical, and technical safeguards designed to protect Client Data and Provider’s facilities, systems, networks and assets against external and internal threats. All such safeguards will comply with applicable Law and the terms and conditions of the Agreement.

(b) During the term of each Authorized Person’s work for Provider, Provider shall at all times cause such Authorized Persons to abide by Provider’s obligations under the Agreement.

This Agreement shall begin on the date hereof.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our system and the use of this system. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the system and the information and services on the system are provided free of charge, we will not be liable for any loss or damage of any nature.