These General Conditions of Use apply to all services provided by Scube.
User Account - In order to use the Services each Member must create a User Account and agrees to provide any personal information requested by Scube. In particular, Members will be required to provide their first name, last name, age, title, valid telephone number and email address. Use of the Site is limited to those over the age of 18 years at the time of registration.
NOTE: - Members agree and accept that all of the information they provide to Scube when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. Unless expressly agreed by Scube, Members are limited to one User Account per person/Member. No User Account may be created on behalf of, or in order to impersonate another person.
You are solely responsible for your use of the Site and Services. Because Scube merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Scube, and Scube makes no claim of accuracy of any user-posted material.
Scube provides the site and services "as is" and without any warranty or condition, express, implied or statutory. Scube specifically disclaims any implied warranty of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability.
You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, and information by other users.
You understand and agree that you use the site and services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use.
Under no circumstances shall Scube be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the site or services, damages incurred through any links provided on the site and thenon-performance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not Scube has been advised of such possibility.
This Agreement is a legally binding agreement made between you ("You," "Your," or "Yourself") and Scube. ("Scube," "We," "Us" or "Our").
Scube is willing to license, not sell, the Scube Platform to You only upon the condition that you accept all the terms contained in this Agreement. By signing up with or by using the Scube Platform, You indicate that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then Scube is unwilling to license the Scube Platform to You.
This paragraph applies to any version of the Scube Platform that you acquire from the Google Play Store. This Agreement is entered into between you and Scube. Google play is not a party to this Agreement and shall have no obligations with respect to the Scube Platform. Scube, not Google, is solely responsible for the Scube Platform and the content thereof as set forth hereunder. However, Google and Google’s subsidiariesare third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Google, for purposes of which, you are "the end-user." In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
The Scube Platform provides a means to enable persons who seek transferof contact information to certain individuals and vice versa via NFC technology. This Agreement describes the terms and conditions that will govern your use of and participation in the Scube Platform.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you use any of the Services. By using any of the Services, You become a Participant in Scube and a User of Services available on the Scube Platform ("Participant" or "User") and you agree to be bound by the terms and conditions of this Agreement with respect to such Services.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS Scube OR REGISTER FOR THE SERVICES PROVIDED ON Scube. We may amend this Agreement at any time by posting the amended terms on the Scube Platform. If we post amended terms on the Scube Platform, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the Scube Platform. This Agreement may not be otherwise amended except in writing signed by you and Scube.
Your Information is any information You provide, publish or display ("post")to the Scube Platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) orthrough any email feature ("Your Information"). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your profile creation by use of Your Information. When You use the Scube Platform, Youagree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not currentor incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
Scube may access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (the "SNSContent") so that it is available on and through the Scube Platform via Your account, including without limitation any friend, contacts or following/followed lists, andScube may submit and receive additional information to Your Third Party Account as indicated herein.Unless otherwise specified in this Agreement, all SNS Content, if any, shallbe considered to be Your Information and Your Content for the purposes of this Agreement. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the Scube Platform. Please note that if a Third Party Account or associated service becomes unavailable or the Scube Platform’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Scube Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Scube makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, andScube is not responsible for any SNS Content.
Exercise overall caution and common sense while using Scube.
Scube reserves the right to determine or alter in the future the product and service pricing without notice.
You agree that you will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate your participation in the Scube Platform if you have misused the Scube Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
With respect to Your participation on the Scube Platform or through the Services, You agree that You will not:
Impersonate any person or entity;"Stalk" or otherwise harass any person;Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent;use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;remove any copyright, trademark or other proprietary rights notices contained in the Service;interfere with or disrupt the Services or the Scube Platform or the servers or networks connected to the Services or the Scube Platform;post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;"frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the Scube Platform in order to direct anyperson to any other web site for any purpose; or
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.
You further agree that Your Information and Your interactions on the ScubePlatform shall not:be false, inaccurate or misleading (directly or by omission or failure to update information);
infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
violate any law, statute, ordinance or regulation;
be defamatory, trade libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;
contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
contain any viruses, Trojan horses, worms, time bombs, cancelbots, Eastereggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section;
create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or
link directly or indirectly to any other web sites. You further agree that Youwill not transfer, use, or sell Your Scube account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.
Scube shall not be liable for any loss or damage arising as a result of: False, misleading, inaccurate or incomplete information being provided by a Member. Scube will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by, or enabled through, the Scube platform (whether suffered or incurred as a result of the Scube’s negligence or otherwise).
Scube shall not be liable for any loss or damage arising as a result of: False, misleading, inaccurate or incomplete information being provided by a Member; The cancellation of a Trip by a Car Owner or Co-traveller; Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Car Owner or Co-traveller before, during or after a Trip. Scube will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by, or enabled through, the Scube platform (whether suffered or incurred as a result of the Scube’s negligence or otherwise).
Members accept that the limitations on the Scube’s liability set out above are reasonable.
Aany Android and IOS device that You own or control and as permitted bythe Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules")
E-mail communications and text messages sent from Us or through Us aredesigned to make Your Scube experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e- mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider,the notification service may be deactivated for Your phone number and You may need to re-enrol in the notification service. Scube reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do notuse the Services.
All intellectual property rights on the Scube Platform and in the Services shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Scube Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Scube Platform or the Services ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of Scube. Scube shall own exclusive rights,including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You
Scube respects the intellectual property of others, and expects Users to dothe same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to Scube at
#222, Scubeelate Technologies Pvt Ltd, The Arcade, Whitefield Main Rd,
Brigade Metropolis, Garudachar Palya, Mahadevapura,
Bengaluru, Karnataka 560048
A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringing is located. Include enough information to allow Scube to locate the material, and explain why You think an infringement has taken place;A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;Your address, telephone number, and e-mail address;A statement by You that You have a good faith belief that the disputed useis not authorized by the copyright owner, its agent, or the law;A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; andAn electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:
Your breach of this Agreement or the documents it incorporates by reference; any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; This indemnity shall be applicable without regardto the negligence of any party, including any indemnified person.
Opinions, advice, statements, offers, or other information or content madeavailable through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
The Scube Platform contains (or You may be sent through the Scube Platform or the Services) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the Scube Platform or any Third Party Applications, Software or Content posted on, available through or installed from the Scube Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the Scube Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site towhich You navigate from the Scube Platform or relating to any applicationsYou use or install from the Scube Platform.
We, Our subsidiaries, officers, directors, employees and our suppliers provide the Scube Platform and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do notguarantee and do not promise any specific results from use of the Scube Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. We do not warrant that your use of theServices will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability.
Scube is not responsible for the conduct, whether online or offline, of any user of the Scube Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the Scube Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Scube Platform or through the Services.
You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between Youand other Users. Please carefully select the type of information that You post on the Scube Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers"). We have no control over the quality of the information that is exchanged or provided as a result of the Service; nor do We have any control over the truth or accuracy of the Participants' information listed onthe Scube Platform. We cannot ensure that a user is who he or she claims to be or that a user will actually complete an arranged service. We reservethe right to change any and all Content, software and other items used or contained in the Scube Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Scube or the Scube Platform.The Scube Platform and the Services may be temporarily unavailable fromtime to time for maintenance or other reasons. Scube assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Scube is not responsible for any technical malfunction orother problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Scube Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES. WE DO NOT SCREEN THE PARTICIPANTS USING THE SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF Scube OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF Scube OR THE SERVICES, OR INTRODUCED TO YOU VIA Scube OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
In the event that You have a dispute with one or more Users, You agree to release Scube (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual andconsequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Scube Platform or the Services.
Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if:
You breach this Agreement or the documents it incorporates by reference;We are unable to verify or authenticate any information You provide to Us;We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject Scube or You or any other User to regulation by any state or local government or regulatory agency; orif We suspect that You have engaged in fraudulent activity in connection with the Scube Platform or the Services.AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMSYou and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Scube Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Scube ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Scube Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Scube ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Except as explicitly stated otherwise, any notices to Scube shall be given by certified mail, postage prepaid and return receipt requested ScubeelateTechnologies Pvt Ltd, #222, The Arcade, Whitefield Main Rd, Brigade Metropolis, GarudacharPalya, Mahadevapura, Bengaluru, Karnataka 560048 and any notices to You shall be provided to You through the ScubePlatform or given to You via the email address You provide to Scube duringthe registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Scube during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at support@Scube.me
This Agreement shall be governed by the laws of India without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Scube, in Oursole discretion in accordance with the "Notices" section of this Agreement.Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to actwith respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and Scube with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.