A. PRELIMNARY

 

A.1 This document is an electronic record.  This electronic record is computer system generated and does not require a physical or electronic signature.

 

A.2 PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR TO USE OF OR REGISTRATION MOBILE APPLICATION NAMED ‘SCAMPII’ ON ANDROID AND IOS OR ANY OTHER MANNER OF ACCESSING OUR ONLINE SERVICES (“APPLICATION”). ANY USE OF THE APPLICATION SHALL SIGNIFY YOUR UNDERSTANDING, VERIFICATION AND ACCEPTANCE OF THESE TERMS AND YOU SHALL BE CONSIDERED LEGALLY BOUND IN THIS REGARD. BY ACCEPTING THESE TERMS OF USE YOU ALSO AGREED TO BE BOUND BY OTHER SCAMPII POLICIES INCLUDING BUT NOT LIMITED TO OUR PRIVACY POLICY.

 

B. GENERAL

 

B.1 The Application is owned by School Of Fish Technologies Private Limited incorporated under the laws India with its registered office at 3rd Floor, 40/1, 14th Cross, 3rd Main, Vyalikaval, Bengaluru 560003, India (hereinafter referred to as “SCAMPII”, “We” or “Us”).

B.2 The following terms and conditions shall apply to your use of the Application (“Terms of Use”). These Terms of Use may be updated from time to time subject to our own policies or change in applicable law. SCAMPII shall not be obliged to notify you of such changes and your continued use of the Application shall signify that you have understood and accepted the new or updated Terms of Use.

 

B.3 All data usage, internet, telephony, hardware, software, maintenance and associated charges connected with Your accessing the Application or the Services shall be Your responsibility. SCAMPII will not pay any such charges on your behalf.

 

B.4 Where You access Service that is provided against payment of a fee, You agree that You will be responsible for all such payments as well as any associated taxes. Where you chose to pay such fee through a credit card, bank transfer or other digital mediums of payment, You assure us that You are authorised to use such payment services and that You will indemnify Us against any unauthorized use of such services by You.

 

B.5 By using the Application you are entering into a contract with SCAMPII and these Terms of Use and Our privacy policy are together our (Yours and Ours) collective legal obligations.

 

B.6 The terms “You”, “Your” or “User” is a reference to you the person using this mobile application for any purpose whatsoever, whether you are a natural or legal person irrespective of whether or not you have registered on the Application Users may only be provided with access to the Service where they can establish, to Our satisfaction that they are atleast 18 years old or have been authorized by a parent or guardian to access the Services.

 

B.7 In exchange for your compliance with our Terms of Use, privacy policy and other terms and conditions, incorporated by reference, we grant you a non-exclusive, non-transferable privilege to enter and use the Application.

 

C. THE SERVICE

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C.1 This Application is a product and service warranty record keeping platform wherein Users can upload and maintain details of warranties - for products and services – granted to them by manufacturers/service providers and/or warranty providers - in a consolidated database. The Application also provides Users with a real time view of the warranty status, extension and associated matters that may relate to User warranty records. The Application may offer additional services from time-to-time as well, the details of all services offered can be found on the Application (“Services”).

 

C.1A Customers understand that SCAMPII is not selling product or service warranties directly to them and that the Application is only a warranty record-keeping platform. Further, We are also a marketplace service provider that facilitates the sale of goods/services from Vendor(s) to Customer(s).

 

C.1B Where extended warranties or other goods/services are made available on the Application, all such transactions shall be between Users and vendors – individuals or businesses permitted to list goods/services on the Application (“Vendors”) - directly. SCAMPII shall not be a direct party to any such transactions but act in the capacity of a marketplace service provider and payment facilitation service provider. Further, both Users and Vendors are advised to exercise independent due diligence when dealing with other parties on the Application.

 

C.2 Users may be required to pay facilitation fee against the provision of Services. The details of any fee, if payable by Users will be updated from time to time on the Application (“Customer Fee”).

 

C.3 Vendors will be charged a fee for availing the Services provided through the Application, Vendors will be required to execute a separate contract for services with SCAMPII to enable Service facilitation (“Vendor Contract”), this contract is hereby incorporated by reference as a part of these terms chargeable in accordance with the terms as they appear in the Vendor Contract, as modified from time to time (“Vendor Fee”).

 

C.4 The quantum of the payment for accessing the Service as applicable to Customers is updated from time to time; for the latest rates please refer to the Application. Vendor Fee is determined in accordance with the Vendor Contract alone.

 

C.5 It is hereby expressly clarified that refunds will be processed solely at Our discretion and that no other requests for refund shall be processed or entertained by SCAMPII.

 

C.6 Aside from as otherwise provided in these terms, no returns of any products/services sold through the Application shall be accepted by SCAMPII.  

 

 C.7 Any refunds in respect of Vendor approved returns will be processed by Us within 15 (fifteen) days of receipt of a return approval from the Vendor.

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D. THE SERVICE – Vendors

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D.1 The Application is a platform for Vendors to list their goods and/or services for sale on the online marketplace and make such services available for purchase by Customers.

 

D.2 Vendors are liable to pay fees and comply with terms and conditions in accordance with the Vendor Contracts.

 

D.3 Any transfer charges, processing charges, transfer fees, transaction charges etc., by whatever name called, charged by banks or payment services shall be borne by the Vendors. SCAMPII shall be entitled to deduct amounts towards the transaction charges from any payments due from the Vendors.

 

D.4 The Vendor Fee shall be automatically collected by SCAMPII at the point of sale, the balance shall be transmitted to the Vendors in due course.

 

D.5 In case of any conflict between these terms and the Vendor Contract, the terms of the Vendor Contract shall prevail.

 

D.6 SCAMPII may take steps or create criteria for Vendor qualification as it may deem fit. Vendors may be required to comply with such conditions to qualify for registration on the Application.

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E. ELIGIBILITY

Membership etc – Customers

 

E.1 Use of the Application is available to all persons who are atleast 18 years of age. Users will need to register directly with the Application using their mobile number.

 

E.2 You confirm by using the Application that you are 18 years old or older, if not You will be considered a minor user (“Minor Users”). Minor Users may not be able to access Services on the Application.

 

E.3 If it is discovered at any point of time by SCAMPII that You are younger than 18 years of age and have failed to declare it at the time of registration, SCAMPII reserves the right to terminate your membership immediately and to take appropriate legal action against You.

 

E.4 Even other than in circumstances where You are found to have declared your age incorrectly, SCAMPII reserves the right to unilaterally terminate your Account and refuse access to any Service offered on the Application without providing You with any reasons or explanations.

 

E.5 You shall refrain from transferring, selling or trading your Account to any third parties or facilitating the Services for underage individuals through your Account. Any such actions on your part that come to SCAMPII’s notice shall result in the immediate termination of your Account and appropriate legal action under applicable law.

 

E.6 You undertake that:

 

1. You will use your actual identity when registering on the Application. And that you shall produce government issued identification or such other documentation if demanded by Us for the verification of your identity and/or legal status at any time;

2. The personal data that you have provided Us is true, accurate and complete; and

3. You will update your personal data from time to time to ensure that it is accurate and complete.

 

Your failing to comply with any of the above provisions shall result in the termination of your membership solely at SCAMPII’s discretion.

 

E.7 Customers shall have access to certain features of the Application only after registration.

 

E.8 Customer expressly undertakes to use the ‘feedback/review’ feature only in respect of Vendor’s whose service they have used and to post genuine and honest feedback about their experience of such service.

 

E.9 Customer understands that any transaction undertaken with Vendors on the Application constitutes a binding contract.

 

E.10 Customer’s understand that SCAMPII does not verify any information that is provided by Vendors listed on the Application nor is liable for the actions of the Vendors in any manner whatsoever, unless otherwise provided herein. Customers should independently verify the antecedents of any Vendors that they contact through the Application.

 

E.11 Customers understand that we do not verify the veracity or accuracy of any information uploaded by you on to the Application, You are solely responsible for ensuring that all information uploaded on the Application is accurate. We will not be held accountable or liable for nor compensate You for any loss or damage caused due to Your failure to correctly upload any information on the Application.

 

E.12 Customers also understand that we neither process nor sell product warranties, all claims relating to warranties for your products and/or services will be between you and the entity from whom You have received the warranty (product manufacturer, warranty provider etc.). You therefore, undertake to not initiate or pursue any warranty claims directly against Us. We are only a facilitation service for record keeping and consolidation of your warranties.

 

Membership etc – Vendors

 

E.13 Vendors Accounts will only be permitted to be created and operated through the Vendor Contracts. This may include verification of certain credentials, including licenses issued under applicable law, as may be required from time to time by SCAMPII

 

E.14 Vendors will not be permitted to post their contact details directly on the Application. The contact details shall be conveyed by us to the User upon the User placing an order on the Application. A failure to abide by this condition shall result in the immediate termination of the Vendors account.

 

E.15 The requirements for eligibility will be subject to modification at the sole discretion of SCAMPII. The above is only indicative and not an exhaustive list of all criteria taken into consideration by SCAMPII. SCAMPII’s decision to permit or refuse a person a Vendors Account shall be final and not subject to any kind of dispute or challenge.

 

E.16 Vendors undertake to have appropriate mechanisms and technology in place to protect User data made available to you in accordance with applicable laws. You also undertake to be solely liable, to the extent permitted under law, for any breach of User data in your control and possession. You also agree to indemnify and hold harmless SCAMPII against any such breach.

 

E.17 You undertake to be compliant with all applicable laws that would apply to a business of your nature. You further undertake to be solely liable for any breaches of such law by You and to hold SCAMPII indemnified and harmless against all such breaches caused for any reason whatsoever.

 

E.18 As a Vendor registered on our Application you undertake to be wholly responsible and liable for all services undertaken by you for Users. Further, you agree to indemnify and hold harmless SCAMPII against any liability that may arise due to any reason whatsoever connected with the sale of goods and/or services by You including but not limited to damages, losses whether direct or indirect, fines, legal proceedings, attorney’s fees etc.

 

E.19 You undertake to not hold Us responsible or liable for any reviews that may be written with regards to your service by Users on the Application. These reviews are an integral part of the online marketplace process of ranking vendors and are independently written by Users. SCAMPII is in no way involved in the process of ranking or rating Your services and thus, cannot be held liable for any remarks that you may deem unflattering or harmful to your business. In case of genuine concern on your part that a review may be defamatory and not just a review of your services, you may contact customer support with the specifics of your concern. The final decision with regards to whether the review may be retained or removed shall be SCAMPII’s and this will be binding on You.

 

 

F. ACCOUNT AND SECURITY OBLIGATIONS

 

F.1 The full use of the Application is only available to You upon providing certain required information, which facilitates the creation of Your account (“Account”). To have access to your Account You will choose your own use name and password for access. You shall yourself be responsible for maintaining the confidentiality of your username and password and shall be responsible for all activities that occur under your username and password. In the alternate, except as otherwise provided for Vendors, You may also access the website by logging on through your LinkedIn, Facebook or Google+ accounts.

 

F.2 You also consent to the suspension and termination of Your Account and permanent refusal of access to the Application to You in case it comes to SCAMPII’s notice at any point of time that the information you have provided is incorrect, incomplete, misleading or is provided in impersonation of another person.

 

F.3 You are obliged to immediately inform SCAMPII of any unauthorized use of Your Account or any other breach of security that comes to your notice.

 

F.4 You are also obliged to logout of Your Account at the end of each session.

 

F.5 SCAMPII shall not be liable for any loss or damage occurring as a consequence of Your failure to comply with the aforementioned conditions. Further, You may be held liable for losses incurred by SCAMPII or third-parties as a consequence of Your failure to comply with the aforementioned conditions.

 

F.6 Restricted access to the Application may also be provided to unregistered Users.

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G. CONTENT AND USE

 

G.1 You give SCAMPII an automatic non-exclusive, non-transferable right over all works of authorship whether through text, images, videos, audio etc., (“Content”) that you upload, provide, transfer or otherwise make available (“Post”) on the Application. Such rights given to SCAMPII do not include the ownership of the Content, which remains vested in the author or the appropriate copyright holder, however, they include an unrestricted, perpetual, irrevocable, non-exclusive, fully paid and royalty free licence with the right to unrestrictedly sub-licence, to use copy, perform, display, distribute, derive works from and distribute such Content in any and all media, whether known or unknown, throughout the world. You shall not be liable to receive any payment or compensation from SCAMPII for Content posted on the Application, unless provided otherwise herein.

 

G.2 For sharing of Content by users inter-se or on third-party websites or platforms, all Content shall be governed strictly by the following creative commons licence regime - http://creativecommons.org/licenses/by-nc-nd/3.0/ .

 

G.3 For all other content, posted by SCAMPII or its third-party service providers, (“SCAMPII Content”) SCAMPII shall retain all proprietary rights. You as the User shall be granted a limited, revocable, non-licensable licence by SCAMPII to view the SCAMPII Content. You shall use the SCAMPII Content only for your personal use and never for any commercial or related purposes. You agree not to reproduce, modify, publish, distribute, transmit, perform, display, sell or create any derivate works based on the SCAMPII Content. All brand content, including product images, and associated intellectual property and content belongs to respective owners.

 

G.4 The same limitations that apply to Your use of the SCAMPII Content also apply to Content posted by other Users.

 

G.5 You further agree that in respect of third party Content, including but not limited to Content uploaded by other Users, that SCAMPII shall be in no way responsible or liable for any such Content. SCAMPII assumes no responsibility for objectionable, unlawful, incorrect, misleading or unintended Content made available by other Users, advertisers or third-parties.

 

G.6 You represent and warrant that:

(a) you own the Content posted by you on the Application;

(b) your Content does not violate the privacy rights, copyright rights, or other rights of any person;

(c) by posting the Content, You do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party;

(d) any information you provide as a part of the Content is correct and true to the best of your knowledge and is provided by You in good faith; and

(e) Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible to every User of the Application, except as provided herein.

 

G.7 Any interactions, agreements between You and other Users or advertisers are made completely independent of SCAMPII. SCAMPII is not a party to any such arrangements and shall not be liable for or a party to any disputes arising out of such agreements nor for any loss incurred by You thereunder.  You shall indemnify and hold harmless SCAMPII against any such disputes.

 

G.8 In order to protect Users from unwanted advertising and solicitation, SCAMPII may, as and when deemed appropriate by Us, restrict the volume of messages Users in general or in particular may send one another. Information obtained by you as a User of the Application shall not be used in any manner to abuse, harass or harm any other Users or third-parties using the Application.

 

G.9 You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.

 

G.10 In addition to the Content prohibited by law, You agree that you will not post any Content that:

(i) is offensive or denigrates any religion, caste, creed, nationality or similar affiliations;

(ii) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature;

(iii) harasses or advocates stalking or harassment of another person;

(iv) involves the transmission of “junk mail” or unsolicited mass mailing, or “spamming”;

(v) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by intellectual property law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;

(vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);

(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code;

(ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;

(x) except as expressly approved by Us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;

(xi) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or

(xii) posts or distributes information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; or

(xiii) otherwise violates the terms of these Terms of Use or creates liability for Us (“Prohibited Content”).

 

G.11 Any use of the Application in violation of these Terms of Use may result in, among other consequences, termination or suspension of your rights to use the Application. We may disclose information about your use of the Application in accordance with our privacy policy.

 

G.12 We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole discretion violates these User Terms or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of these Terms, including without limitation, removing Content from the Application (or modifying it), terminating Your membership and Account, reporting you to appropriate legal authorities, and taking legal action against You. We shall not be liable for any loss of data or information as a consequence of Your use of the Application.

 

G.13 You will use the Application in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Application is, except for the exceptions carved out herein, for the personal use of Users except the Vendors. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.

 

G.14 You will not attempt to impersonate another User or person, including any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.

 

H. THIRD-PARTY INTELLECTUAL PROPERTY

H.1 We take intellectual property protection very seriously and it is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. If you believe that your intellectual property rights are being used on the Application in a way that constitutes an intellectual property infringement, please provide us the following information:

 

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;

 (ii) an identification of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Application;

(iv) your address, contact number, and e-mail address;

(v) a written statement that you have a bona fide belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;

(vi) a statement by you in a sworn affidavit – please note that executing a sworn affidavit with the knowledge that the information contained therein is false, is a criminal offence punishable by law -  that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

H.2 Contact information for notice of claims of intellectual property infringement is as below:

By Email: legal@schooloffishtech.com

By Post/ Courier: Director, School of Fish Technologies Pvt. Ltd, 3rd Floor, 40/1, 14th Cross, 3rd Main, Vyalikaval, Bengaluru 560003 India.

 

I. COMMUNICATIONS

 

Your use of the Application or communications with SCAMPII is a form of electronic record. You understand and as a consequence, consent to receiving electronic or other communication from SCAMPII as and when required.

 

J. EXPRESS DISCLAIMERS

 

J.1 SCAMPII does not make any warranty regarding the truthfulness or veracity of any Content on the Application or of any claims of quality or workmanship by any third-party. SCAMPII expressly disclaims that the views expressed by Users on the Application are their own and SCAMPII does not endorse the same merely because they are posted on the Application. Further, SCAMPII shall in not be liable for any false, libelous or mala fide views expressed in the Content on the Application. In the case of such Content that is malicious, false, inflammatory, libelous or in violation of third-party intellectual property rights (as addressed above) or is in any other manner in violation of SCAMPII’s policies, affected parties are advised to contact our customer service team at scampii@schooloffishtech.com with the details of such violation to enable us to take appropriate action.

 

J.2 We are further not responsible for:

 

1. any incorrect or inaccurate Content (including any information in User profiles) posted on the Application, whether caused by Users or by any of the equipment or programming associated with or utilized in the Application.

2. the conduct, whether online or offline, of any User of the Services.

3. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users.

4. any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Application or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials from the Application.

5. any loss or damage, including personal injury or death, resulting from use of the Application or from any Content posted on the Application or transmitted to Users, or any interactions between Users whether online or offline.

 

J.3 The Application and Service are provided on an “As-Is” basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Application and Service will meet Your requirements; (b) the Application will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Application will be accurate or reliable.

 

K. USE

 

K.1 You agree, undertake and confirm that Your use of Application shall be strictly governed by the following statutory and non-statutory principles:

 

K.1.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:

 

(a) belongs to another person and to which You do not have any right;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women or children;

(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(d) harasses or advocates harassment of another person;

(e) involves the transmission of "junk mail” or unsolicited mass mailing;

(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(g) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

(h) violates or promotes the violation of a third-persons intellectual property rights;

(i) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(k) contains video, photographs, or images of another person (with a minor or an adult);

(l) tries to gain unauthorized access or exceeds the scope of authorized access to the Application ;

(m) solicits gambling or engages in any gambling activity which SCAMPII in its sole discretion, believes is or could be construed as being illegal;

(n) interferes with another User's use and enjoyment of the Application or any other individual's User and enjoyment of similar services;

(o) refers to any website or url that, in Our sole discretion, contains material that is inappropriate for the Application or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

(p) harms minors in any way;

(q) violates any law for the time being in force;

(r) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(s) impersonates another person;

(t) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(u) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or

(v) directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

 

K.2 You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. SCAMPII reserves the right to bar any such activity.

 

K.3 You shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application or to any server, computer, network, or to any of the services offered on or through the Application, by hacking, password “mining” or any other illegitimate means.

 

K.4 You shall not probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Application, or any other customer, including any account on the Application not owned by You, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Application.

 

K.5 You shall not misuse or otherwise violate the intellectual property rights of SCAMPII or any third-party User of the Application. Further, you also agree not to take any action that has a negative impact on the infrastructure and operation of the Application.

 

K.6 You may not use the Application or any content for any purpose that is unlawful or prohibited by law, these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SCAMPII or third-parties .

 

K.7 You shall at all times ensure full compliance with the applicable provisions of the all domestic laws in force in India, as applicable and as amended from time to time and also all applicable rules and regulations and international laws, foreign exchange laws, statutes, ordinances and regulations regarding Your use of the Service. You shall not engage in any activity which is prohibited by the provisions of any applicable law for the time being in force.

 

K.8 Solely to enable SCAMPII to use the Personal and Non-Personal Information You supply - You agree to grant SCAMPII a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights or any other rights You have in the Personal and Non-Personal Information, in any media. SCAMPII will only use the information in accordance with the Terms of Use and Privacy Policy applicable to use of the Application.

 

K.9 It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Application and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Application You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Application. Please carefully select the type of information that You publicly disclose or share with others on the Application.

 

L. PRIVACY

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L.1 Your privacy and data is dealt with by us in a manner consistent with all applicable laws in India. Your information collected by us may be sold to third-parties as a part of a merger, amalgamation or such similar proceedings that SCAMPII may be involved in the future. Please read our privacy policy www.scampii.com/privacypolicy and if you still have objections to the use of your data in this manner then please do not use the Application.

 

L.2 You may be required to register a cellular phone number with us at the time of registration. By providing us with this mobile number, You consent to receive calls and text messages from us in relation to the Application and any offers and promotions that we may operate from time to time. We will never share your mobile number with third-parties for promotional purposes.

 

M. DISCLAIMER OF WARRANTIES AND LIABILITY

 

M.1 This Application, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, SCAMPII does not warrant that:

a. This Application will be constantly available, or available at all; or

b. The information on this Application is complete, true, accurate or non-misleading.

 

M.2 SCAMPII will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Application. SCAMPII does not warrant that this site, information, Content, materials, product (including software) or services included on or otherwise made available to You through the Application; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

 

M.3 Nothing on Application constitutes, or is meant to constitute, advice of any kind.

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N. INDEMNITY

 

You shall indemnify and hold harmless SCAMPII, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

O. APPLICABLE LAW

 

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The courts at Bangalore shall exercise exclusive jurisdiction over any disputes.

 

P. JURISDICTION

 

Unless otherwise specified, the material on the Application is presented solely for the purpose of use in India. SCAMPII makes no representation that materials on the Application are appropriate or available for use in other locations/countries other than India.

 

Q. OUR INTELLECTUAL PROPERTY

 

This site is controlled and operated by SCAMPII. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Application is solely for Your personal, non-commercial use, unless specified otherwise. You must not directly or indirectly, or conspire with or enable a third party to - copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly

 

R. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL SCAMPII BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

 

S. WAIVER

 

The failure to enforce our rights with respect to any violation by you will not be seen as a waiver of our rights in any manner.

 

T. SEVERABILITY

 

Should any provision of these terms be found to be unenforceable by a court, such unenforceable term(s) shall be severable from the remainder of the provision of these terms of service thereby the remainder of the terms shall continue to be valid and enforceable.

 

U. CONTACT US

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Please send any questions, comments or complaints regarding this Application to scampii@schooloffishtech.com.

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**END of Terms of Service**