TERMS & CONDITIONS

THIS AGREEMENT is made between you and DataBack (hereinafter referred to as "DataBack" or "Us" or "We") and YOU (hereinafter referred to as "user/s" or "end user/s" or "customer/s"), and is dated for reference purposes as of today. DataBack is a mobile application that operates in India. By downloading or using DataBack application, these terms shall automatically apply to users and therefore users should read these terms carefully before using the application. We are offering users this application to use for their own personal use, but users should be aware that they are not allowed to copy, or modify the application or any part thereof, or our trademarks in any way. Users are not allowed to attempt to extract the source code of the application, and user should not try to translate the application into other languages, or make derivative versions. The application itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, exclusively belong to us. DataBack provides mobile data pack to users for using DataBack application and performing allied activates as offered by DataBack from time to time to its users. The limit of mobile data provided to the user for using the application and performing activities thereon shall be the sole discretion of DataBack and it cannot be held responsible or accountable under any circumstance to provide free mobile data for accessing the application or any costs incurred by user from your operator or carrier or data service providers. Subject to its privacy policy, DataBack may access user's personal information, data usage, technical data and related information, including but not limited to technical information about your device, device ID, model, system and application software, and peripherals, that is gathered periodically to provide software updates, product support and other services to You (if any) related to the Application. DataBack may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies within legally permissible sphere to generate, among other things, reports for its clients as per campaigns created by DataBack, user's activities and actions completed by users. The reports, so generated from the programs we develop are provided to our clients, for the purpose of determining operational successes and opportunities for improvement in areas such as service, sales, product presentation, maintenance, and other specifics of the clients operations and personnel. NOW, THEREFORE, the parties hereto agree upon the following:

AGREEMENT:

USE OF DATABACK APPLICATION

Users should be aware that there are certain things that DataBack shall not take responsibility for, for the application not working at full functionality if users do not have access to Wi-Fi or mobile data, and users do not have any active internet connection and no data allowance left. Please note that DataBack does not guarantee access to applications free of cost or without any active internet connection with sufficient data allowance available in your account with mobile service provider. If users are using the application outside of an area, where no Wi-Fi transmission is available, users should remember that their terms of agreement with their mobile network provider shall be applicable regarding use of internet and data allowance. As a result thereof, users may be charged by their mobile service provider, for the cost of data for the duration of the connection, while accessing the application, or other third party charges. While using the application, users accept responsibility and liability for any such charges, including roaming data charges if users use the application outside of their home territory (i.e. region or country) without turning off data roaming. If users are using prepaid mobile connection for the device on which they are using the application, please be aware that we assume that you have received permission from the network provider for using the application and accept liability of data spend while accessing the application. DataBack application is currently available on Android Play Store and may be available on other mobile platforms in future. DataBack may update the application at any point of time, and as a result thereof, the requirements for both systems (and for any additional systems we may decide to extend the availability of the application to) may change, and users shall need to download the updates, if you want to keep using the application. DataBack does not promise that it will always update the application so that it works with the Android version that users have installed on their device. However, users shall always accept updates to the application as and when available to download and if the users do not download the updates, they may not be able to access the application or receive the offers and services provided by us. DataBack may stop providing its offers/services through the application, and may terminate use of it at any point of time without giving prior notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms shall automatically end; (b) you must stop using the app, and (if needed) delete it from your device. This Application may contain links to other mobile applications or websites operated by third parties, and DataBack may monetize some of these links through the use of such third party affiliate programs. Notwithstanding such affiliate programs, DataBack does not have any influence or control over any such Third Party mobile applications or websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents displayed thereon. You understand that by using and accessing this application, you may encounter content that may be deemed offensive, indecent, or objectionable and you agree to use the Services at your sole risk and that DataBack shall not have any liability to you for such content that may be found to be offensive, indecent, or objectionable.

DATA REFUND/REWARD

The data refund or rewards for using DataBack application shall be based solely on the number & quality of acceptable reports received by DataBack from its clients (advertisers). DataBack is not liable for refund of data or rewards for lost or not credited in user's balance due to internet connectivity issues, modifications or of upgrades of system, repairs or reallocations or other similar activities necessary or proper for the operation or if the third party that processes data recharge transactions fails to process recharges, or any other factor. Data refund or reward credited to user in DataBack wallet will also expire in case of 30 days of inactivity, in other words if a user doesn't visit or access DataBack application at least once in 30 days then the user will be considered inactive and all amount of data accumulated in the wallet shall automatically expire. Mobile data recharges redeemed by users are completed using a third party application and DataBack is not responsible for such failed or unsuccessful recharge transactions and repayment of the same.

COMPATIBILITY

DataBack does not warrant that the Application will be compatible or interoperable with your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent the damage to your mobile device, loss of the data located or stored on your mobile device, and corruption of the software and files located on your mobile device. You acknowledge and agree that DataBack and its Directors, affiliates, partners and employees shall have no liability to you for any losses suffered resulting from or arising out in connection with compatibility or interoperability problems related to accessing the application.

LIMITATION OF LIABILITY

You hereby release Databack its officers, directors, agents, and employees from all and any kind of claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising out of use of this application or accessing any third party link of mobile application or websites provided by DataBack. YOU TAKE AND ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APPLICATION. THE APPLICATION IS AVAILABLE "AS IS," AND "AS AVAILABLE". YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO DATABACK APPLICATION, LINK OF THIRD PARTY MOBILE APPLICATION AND WEBSITES PROVIDED THROUGH THE APPLICATION, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF DATABACK APPLICATION, LINK OF THIRD PARTY MOBILE APPLICATION AND WEBSITES PROVIDED THROUGH THIS APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APPLICATION OR LINK OF THIRD PARTY MOBILE APPLICATION AND WEBSITES. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APPLICATION AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE LAW (WHETHER TORT, CONTRACT OR OTHERWISE), WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, SHALL BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APPLICATION THE USE OF THE APPLICATION OR OUR AGREEMENT WITH YOU CONCERNING THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION OF DEVICE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WE WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF INR ONE THOUSAND ONLY (INR 1,000/-). HOWEVER, YOU SHALL BE LIABLE TO THE FULLEST EXTENT AVAILABLE IN LAW FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE ILLEGAL AND UNAUTHORISED USE OF THE APPLICATION AND, WE SHALL REMAIN ENTITLED TO THE MAKE MAXIMUM CLAIM AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.

MODIFICATION OF THESE TERMS OF SERVICE

We reserve our right to change, alter any of the terms and conditions of this agreement and privacy policy and therefore, you are responsible for regularly reviewing these terms and conditions including changes and modifications therein, if any term incorporated by us from time to time. You shall be deemed to have agreed to any such modification or amendment by your decision to continue using the Application following the date on which the modified or amended terms are posted on the Company Application website. Your continuous use of service constitutes your agreement and consent to all such terms and conditions. We make no guarantee as to the continuous availability of the Service through the application or any specific feature(s) thereof. We reserve the right to change or terminate the accessibility to the application or service at our discretion at any time without prior notice thereof.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these Terms and Conditions, if you breach these terms and conditions in any manner, we may take such action as deems appropriate to deal with such breach, by suspending your access to the application, prohibiting you from accessing our website, blocking your device using your device ID, IP address from accessing the application or website, contacting your service provider to request that they block your access to the application or website and/or take any legal action against you.

DISPUTES

These terms and conditions shall be governed by and construed in accordance with the rules, regulation and laws of India and any disputes relating thereto shall be subject to the only and exclusive jurisdiction of the courts of Delhi.

CONFIDENTIAL INFORMATION

While User using or accessing DataBack application, and thereafter, User shall maintain confidentiality, and shall not disclose to any third party, the following: Any information concerning DataBack's present or former customers, including their names and identities, locations and addresses, their employees and representatives, business practices, as well as the information sought to be gathered, and actually gathered, in connection with the services provided by DataBack to its customers; Any and all information concerning DataBack's employees and representatives, as well as any information designated orally or in writing as confidential by DataBack regarding DataBack's sales methods, plans, and records, DataBack's collections on behalf of its customers, all written communications, training and marketing materials, and all other like documents not disseminated to the general public, including computer programs and printouts, as well as any other confidential information regarded by DataBack as a trade secret or otherwise protected from disclosure under applicable law and disclosure of any such confidential information by the User without consent of DataBack shall be treated as a breach of the terms of the agreement. User may, in accordance with the foregoing, use such information solely as necessary in User's work for DataBack.

TERMINATION

Either party may, at any time, terminate this Agreement for any reason or for no reason at all. However, each shall continue to comply with any and all obligations of this Agreement that are intended to survive its termination or expiration. User understands that in the event of termination or expiration, User will not receive the balance recharge due to User even for activities that DataBack has deemed acceptable. DataBack and User shall deal with each other fairly and in good faith relative to this Agreement. DataBack may terminate User accounts without prior notice if any suspicious activity is found which come is the way of natural or intended functioning of DataBack. DataBack shall choose to terminate account(s) of any user(s) if found to be involved in promoting referral links on any public property like Facebook, Google Play etc along with communication that is spammy or misleading in any manner. Termination of user accounts will be at sole discretion of DataBack.

BREACH OF AGREEMENT

User understands and agrees that any breach or threatened breach by User of the non-competition and non-disclosure provisions contained in this Agreement will cause DataBack substantial, irreparable harm which is difficult to measure, and that DataBack therefore may obtain an injunction against such conduct and User consents thereto. This right is in addition to any other rights DataBack may have against User for breach of this Agreement. Therefore, whenever DataBack may apply for restraining order or injunction against User for breaching or threatening to breach this Agreement as described above, User waives any notice to which User may be entitled and consents to such restraining order or injunction. In the event of any breach of this Agreement by User, User agrees to pay DataBack all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses.

MISCELLANEOUS

11.1   WAIVER:

  1. If we fail, at any time, to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
  3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these terms and conditions.

11.2  SEVERABILITY:

If any provision of these Terms and Conditions is determined by any court or other competent authority in India or otherwise to be unlawful and/or unenforceable, the other provisions hereof shall continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable, if any part of it is deleted, that part shall be deemed to be deleted, and the rest of the provision shall continue in effect.

11.3  ENTIRE AGREEMENT:

  1. These Terms and Conditions as set out herein, constitute the entire user agreement between DataBack and a user, in relation to use of application, and supersede all previous agreements in respect of use thereof.
  2. We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
  3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with any Representation and Warrantee shall be for breach of contract as provided in these terms and conditions.

ELIGIBILITY

Our services are available only to and can only be used by, an individual who can form legally bind contracts under the applicable laws of India. The term individual shall not include individuals such as Company, partnership, trusts, Business entities, clubs, associations, NGO, organizations, governing bodies or other all fictitious legal creations. If you are under the age of 18 years, you cannot use of access this application. If you do not qualify, please do not use our services.

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