The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual user, or beneficiary of this service and Sanbian Technology Solutions Pvt. Ltd. (Sanbian). All services are offered by Sanbian under the brand name ‘Outscar’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Sanbian Technology Solutions Pvt. Ltd. (together with its subsidiaries and other affiliates, “us”, “We” or “Outscar”)
By downloading, installing or accesing our applications or using our services you agree to be bound by these terms.These Terms apply to all visitors, users and others who access or use the Service or our Mobile Applications.
License
The Application is Licensed to you , not sold to you by Outscar for use provided you comply with the terms and conditions of this license. You shall use the Application only for your lawful personal use. You are not permitted to charge others for usage or resell the application by any means . You are not allowed to duplicate,decompile,transfer,disassemble, exchange or translate or create derivative works of the Application in any way or attempt to modify the application or a part of it. To clarify further of any doubt this License is personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited right to download and use the Application on a mobile device that You own or is controlled by you.
Terms of Usage
You shall use the Application strictly in accordance with the terms of the Relaled Agreements. You shall not: (a) break any applicable rules,local or international laws or regulations in connection with Your access or use of the Application.(b) use the Application for any sort of commercial purpose for which it is not designed or intended. (c) Distribute or share the Application package either through digital media or through network / internet (d) use the Application for creating/desigining a similar product or service or software, that is directly or indirectly, competitive with or in any way a substitute for any services, product or soflware offered by Outscar; (e) use the Application to automate any sort of queries to any website or other services. You agree and acknowledge that You shall estimate the risks of the content on your own and take all risks from it, including the risk that lies on the correctness, integrity or practicability of the content provided in the Application or Site or Services. Outscar will not take any responsibility for any loss or damage that result from this behavior or activity. You also agree and acknowledge that in relation to business development, we may suspend,change, terminate or restrict or revoke the rights of our services at any time without any prior notice.
Ownership
You agree and acknowledge that the Site, the Application, the Services and all trademarks, service marks and trade names and other intellectual property rights,patents,trade secrets associated therewith are, and shall remain, the property of Outscar and its licensors, as applicable.
You acknowledge and agree that the source and object code of the Applications and the algorithms,queries,designs,interfaces of the Application are the intellectual property and proprietary and confidential information of Outscar and its affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Outscar.Any use except as specifically permitted, including the modification, reproduction , re-distribution, transmission, publication, display of the content on the Site and the Application is strictly prohibited except as otherwise permitted by law. All Our graphics, logos and service names are intellectual property of the Outscar or its affiliates.Our trademarks may not be used in connection with other service or products without authorization from Outscar by writing.You are not authorized to use the Outscar trademarks in any publicity,advertising or in any other commercial usage without the proper written consent of Outscar.
Iniringement Acknowledgement:
You and Outscar agree and acknowledge that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party's intellectual property rights. You (and not Outscar) will be responsible for the investigation, defense, settlement and discharge or any such claim of intellectual property infringement. You will, however, notify Outscar in writing of such a claim.
Consent to Use Information
You agree that Outscar may collect,store and use technical and usage data and related information related to or derived from use of the Application and any information you provide to Outscar.The information about your usage of the application will be treated as non-confidential and non-propriatery and Outscar assumes no obligation to protect such information(other than personally identificable information) from disclosure , reproduce or use any ideas,concepts or techniques contained in the information for any purpose whatsoever including,without limitation , developing ,marketing products services incorporating such informations.
Compatibility
You agree that Outscar does not guarantee that the Application will be compatible with Your Mobile Device or any other piece of equipment,hardware, sortware or device installed on or used in connection with your Mobile Device. You further acknowledge that, compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely. and may result in permanent damage to Your Mobile Device, loss of the data located on Your Mobile Device, and corruption of the software on Your Mobile Device. You acknowledge and agree that Outscar and its partners, suppliers and licensors shall have no liability to You for any losses resulting from or arising in connection with compatibility or interoperability problems.
Termination
This Agreement is valid from the time You accept the Terms of this Agreement. Outscar reservs the right to terminate or suspend use of the Application or the Site at any time in its discretion, without any prior notice. With termination for any sort of reason, Outscar shall have no liability to You and no further obligations under this Agreement. The rights granted to You herein shall terminate immediately upon the termination;
You must cease all use of the Application and related services and uninstall the application immediately upon the termination; Furthermore, Your rights under this Agreement will terminate automatically in case You fail to comply with any term(s) of this Agreement including misuse of the Application or the Site.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING THE SITE AND LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU BEAR THE RISK OF USING IT. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OUTSCAR MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance shall Outscar, its employees, directors be liable to You or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if Outscar or its employees, directors was advised of the possibility of such damages.
Severability
If one or more provisions of this Agreement are held to be unenforceable under Applicable Law(s), the remainder of this Agreement shall be valid and enforceable.
Assignment
You agree and acknowledge that this Agreement may be assigned by Outscar to its successors including if there is any re-organization of Outscar.
Governing Law
This Agreement shall be governed by the laws of India. You agree to the exclusive jurisdiction of courts in Kolkata, India for all disputes arising out of or relating to this Agreement.
Entire Agreement
You acknowledge that You have read this Agreement, understand it and agree to be bound by its terms and conditions. Furthermore,You also agree that this Agreement is the complete and exclusive statement of the Agreement between Outscar and You and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between Outscar and You relating to the subject matter of this Agreement.
Contact Outscar
For questions and clarifications you can contact us in our email id.
Email : support@outscar.com