This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.ebay.in or m.ebay.in whether directly or indirectly through this eBay Mobile Application (hereinafter referred to as “eBay Website”).
EBAY MOBILE APPLICATION PRIVACY POLICY AND TERMS OF USE - INDIA
Revision Date: April 11, 2014
Last Revision: September 27, 2011
This Application, Privacy Policy & Terms of Use © 2010 - 2014 eBay Inc.
By using this eBay Mobile Application and related Widgets (collectively, the “Application”), you agree to be bound by this eBay Mobile Application Privacy Policy & Terms of Use (the “User Agreement”). This User Agreement is between you and eBay India Private Limited, a company incorporated under Companies Act, 1956 having its principal place of business at 101-B, Akruti Corporate Park, Kanjurmarg (West), Mumbai 400079, Maharashtra (India) (hereinafter referred to as "eBay") and governs your use of the application, purchases and payments, if any, made using this Application. If you reside inside of the United States, you are contracting with eBay Inc., 2145 Hamilton Ave., San Jose, CA 95125, USA, If you reside in countries within the European Union, your contract is with eBay Europe S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg; in all other countries, your contract is with eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland.
PRIVACY POLICY
This Application Privacy Policy describes how this Application collects, uses and protects your information.
Data Collection and Use. We may collect and store some or all of the following, for the purpose of providing you an eBay user experience:
We and our Service Providers use this information to operate and improve our eBay applications, sites, services, and tools.
This Application may utilize social networking or “share functionality” or may contain links to third party sites that are not owned or controlled by eBay. This Application utilizes the Google Maps API Service. By using this Application, you’re agreeing to be bound by Google's Privacy Policy where you can control your privacy settings. eBay has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, terms of service or practices of any third party site. You are subject to the policies and terms of service of those third parties when and where applicable, including Google's Terms of Use. By using this Application, you expressly relieve eBay from any and all liability arising from your use of any share functionality or third-party site accessed from this Application.
Sharing Information. We may share the information we collect with members of the eBay corporate family to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services. This Application may use third parties to provide parts of our services as well as to provide analytical data about your use of the Application back to us. We may deploy devices such as cookies that enable those third parties to anonymously collect and aggregate usage data and report it back to us. Third parties that we contract with to help provide our services cannot use your personal information for their own purposes without your explicit consent.
If you have more than one eBay Inc. application, we may share a limited amount of your information within the applications in order to improve your eBay experience.
Your Consent. By using this Application and/or by providing Your Information (defined below), you consent to the collection and use of the information you disclose on the eBay Website by eBay in accordance with eBay’s Privacy Policy.
User Control. You can access and change user settings or delete your search history from the options/settings menu in the Application or on your device. Uninstallation methods vary depending on your device. To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.
Security. The security of your information is important to us. The information this Application collects may be stored locally on your device and may be transmitted to our servers in the United States and/or European Union. We employ generally accepted industry standards to protect your personal information. The transmission of information over wireless and wired networks is not 100% secure, so we do not guarantee the security of your information.
Updates. We reserve the right to update this Privacy Policy from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any changes, please uninstall and discontinue using this Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.
Privacy Contact. For questions about this Privacy Policy, please contact us at “eBay Legal – Global Privacy Practices”, 2145 Hamilton Avenue, San Jose, California, 95125, USA.
Electronic Communications. When You use this Application or the eBay Website or send emails or other data, information or communication to eBay, you agree and understand that you are communicating with eBay through electronic records and you consent to receive communications via electronic records from eBay periodically and as and when required. eBay will communicate with you by email or by an AB Post notice or electronic records on the eBay Website which will be deemed adequate service of notice / electronic record.
TERMS OF USE
By using this Application, you hereby authorize eBay to act on your behalf and behest for contacting the respective seller(s) and sharing Your Information and transaction details with the eBay Website seller, wherein the products or services purchased shall be delivered to you directly by the eBay Website seller at the delivery address provided by you.
This User Agreement constitutes your binding obligations towards eBay and the eBay Website sellers. You must read all of the terms and conditions contained herein before using this Application, as this User Agreement constitutes your legal and contractual obligations towards eBay for using this Application or purchasing products or services. Certain features of this Application may require you to be an eBay member or provide personal information as part of a registration process. Your use of these features and your mere use of this Application are also subject to, and you accept the terms of:
· This User Agreement;
(herein after referred to collectively as “eBay UA’s and Policies”) which shall be binding upon you. Use of this Application means your “Acceptance.” Various underlined words and phrases are hyperlinked to various rules and policies on the eBay Website and by using this Application you accept all such rules and policies so hyperlinked.
If you do not agree or are not willing to be bound by eBay UA’s and Policies, please do not use this Application and do not seek to buy and / or make payments with this Application.
Membership Eligibility. Use of this Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Application. If you are a minor (i.e. under the age of 18 years), you shall not use this Application and shall not make any purchase of any products with this Application. As a minor if you wish to purchase any products with this Application, such purchase may be made by your legal guardian or parents who are competent to contract as users of this Application.
Please note that this section shall apply if you conduct or attempt to conduct any transaction on eBay Mobile Application using the modality mentioned hereunder [provided however that the same is made available by eBay]
User Generated Content. You understand, agree and acknowledge that all the products and services advertised / listed and the contents therein are advertised and listed by users registered on the eBay Website and are third party user generated contents. Further all the listings shown by this Application are replications of listings on the eBay Website. It is further clarified that eBay neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. eBay has no control over the third party user generated contents and is merely an intermediary for these listings. Further the contract for sale of any of the products or services shall be a strictly bipartite contract between a seller and you.
eBay does not manufacture, procure, own, sell, or distribute any of the products or services listed by this Application or on the eBay Website, but only provides a mobile platform for the community to engage in ecommerce activities and hence acts only as an independent and objective facilitator for enabling ecommerce/m-commerce. Further, eBay does not make any representation or warranty as to the attributes (such as quality, worth, marketability, title etc.) of the products or services listed through this Application. In particular, eBay does not implicitly or explicitly support or endorse the sale or purchase of any products or services by this Application. eBay accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Binding Principles. You agree, undertake and confirm that your use of this Application shall be strictly governed by the following binding principles:
a) "Your Information" is defined as any information you provide to eBay or other users in the buying process. You are solely responsible for Your Information, and eBay acts only as a passive conduit for online distribution and publication of Your Information.
b) The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
c) You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which you does not have any right to;
(ii) 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" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(iii) harms minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee / user(s) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person;
(viii) 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, cancel bots, 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;
(ix) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
(x) is false, inaccurate or misleading or defamatory, trade libelous, unlawfully threatening or unlawfully harassing; or
(xi) is directly or indirectly, offer, attempt to offer, trade or attempt 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. Without prejudice to the generality of the above, eBay does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy which can be accessed at http://pages.ebay.in/help/policies/index.html
(xii) creates or is likely to create any liability for eBay or may cause or is likely to cause eBay to lose (in whole or in part) the services of eBay’s ISPs or other suppliers; and
(xiii) links directly or indirectly to or include descriptions of items, goods or services that:
(1) are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;
(2) are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount; or
(3) are concurrently listed for sale on a web site other than the Website.
d) In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform eBay of the same. If you are a Registered User, you may contact eBay at http://pages.ebay.in/help/contact_inline/index.html
License of Your Information. Solely to enable eBay to use the information you supply eBay with, so that we are not violating any rights you might have in Your Information, you grant to eBay a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. eBay will only use Your Information in accordance with the eBay UA’s and Policies.
Restricted Activities. In connection with your use of this Application, or in the course of your interactions with eBay or your buying agent, you shall not:
a) Breach any provision of this User Agreement or any other agreement that you or your buying agent have entered into with eBay (including any other rules or policies if applicable);
b) Violate any law, statute, ordinance, or regulations including (for example, Foreign Exchange Management Act, 1999 and any rules notified there under, Customs Act, Information and Technology Act, 2000 and rules, Prevention of Money Laundering Act, 2002 and rules, Foreign Contribution Regulation Act, 1976 and rules, Income Tax Act, 1961 and rules, Export Import Policy of government of India, the Indian Penal Code, the Consumer Protection Act and allied laws);
c) Unauthorizedly use or any attempt thereto of a Valid Credit Card or Debit Card or Cash Card/ Valid Bank Account / Use without the proper authorization of the legal holder of the Valid Credit Card / Valid Bank Account on IVR Facility / Any Channels of Net Banking (hereinafter referred to as “unauthorized payments”);
d) Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
e) Provide false, inaccurate or misleading Information regarding your personal details/identity or your transaction;
f) Send funds in violation of any laws or regulations;
g) Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to eBay;
h) Attempt to "double dip" during the course of a dispute by receiving or attempting to receive funds from both eBay and the eBay Website Seller, bank, or credit card company for the same transaction;
i) Use an anonymizing proxy;
j) Conduct your business or make unauthorized payments that results in or may result in complaints, disputes, claims, reversals, charge-backs, fees, fines, penalties and other liability to eBay, eBay's affiliates, eBay Website seller, a third party or you;
k) Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
l) Use any robot, spider, other automatic device, or manual process to monitor or copy this Application or parts thereof without our prior written permission of eBay;
m) Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with this Application or this Application’s payment facility;
n) Take any action that may cause eBay to lose any aspects of this Application payment facility from eBay internet or other service providers, payment processors, or other suppliers; or
o) Use this Application’s payment facility to test its behaviours.
Platform for Communication. eBay is not and cannot be a party to or control in any manner any transaction between two users of this Application. Consequently:
a) eBay is not responsible for any non-performance or breach of any contract entered into by you with any eBay seller. eBay cannot and does not guarantee that the seller will perform any transaction for which an order was placed by you with this Application. eBay does not guarantee the stocking and availability of product or services ordered by you with this Application. However in case of any transaction related dispute you may contact eBay customer support for assistance. eBay will gladly help you in addressing your transaction related problem as per the applicable criteria of the eBay Website eBay Guarantee* which is limited to (i) you bought a product and haven't received it yet, or (ii) you bought a product and received it but it does not match seller's product description. The details of the eBay Website “eBay Guarantee” can be accessed from eBay Guarantee*. To avail eBay Guarantee* for your transaction, contact eBay customer support at: http://pages.ebay.in/paisapay/phone-support.html. Other than the provisions mentioned under eBay Guarantee*, eBay shall not and is not required to mediate or resolve any dispute or disagreement between you and seller. Please note that the eBay Guarantee* program is subject to terms and conditions as mentioned at eBay Guarantee* terms and conditions.
b) eBay does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fide nature of any particular user that you choose to deal with through this Application and use your best judgment in that behalf.
c) eBay does not at any point of time during any transaction between you and seller through this Application come into or takes possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to you. eBay is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products or services which are out of stock, back ordered or otherwise unavailable. All products are offered only for a restricted time and only for the available supply.
d) You shall independently agree upon the manner and terms & conditions of delivery, payment, insurance etc. with the seller / user that you transact with.
e) You release and indemnify eBay and its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of this Application and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, eBay cannot control the information provided by other users which is made available through this Application. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using this Application. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
Payment Facility. Payments for products on this Application can be made through the electronic payment mechanisms and payment facility provided by eBay or its service providers using the current Indian banking and credit / debit / cash card / IVR infrastructure, or any other method as may be provided on the Website or on eBay Mobile Application, as the case may be.
Breach. Without limiting other remedies, eBay may limit your activity and cancel your transaction in the event, but not limited to:
a) eBay is unable to verify or authenticate any information provided by you; or
b) eBay at its sole discretion, believes your actions may cause legal liability for you, or eBay or any third party.
Notwithstanding the foregoing, if you breach this User Agreement, eBay reserves the right to recover any amounts due and owing by you to eBay and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you. eBay reserves the right to take appropriate legal action against you in the event it is found that you have used unauthorized instrument(s) to make any payment.
Buying/Binding Transactions (No Termination). Once accepted, this User Agreement cannot be terminated by you under any circumstances. In case of consumer products, sellers may or may not specify the retail prices of the products being sold. You are advised to independently verify the retail prices of such products if you so desire. eBay strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid Credit Card to bid. Willfully entering erroneous or fictitious purchases may result in prosecution by eBay.
You agree that in case of purchase of Artwork, it shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
Intellectual Property. eBay owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter eBay's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.
No Warranty. eBay and its suppliers, affiliates and service provider provide this Application and services including Payment Facility "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of this Application and Payment Facility is at your own risk. Bid update and other notification functionality in this Application may not occur in real time. Such functionality is subject to delays beyond eBay’s control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.
Limitation of Liability. In no event shall eBay or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the use of this Application and Payment Facility, its services or this User Agreement (however arising, including negligence).
eBay, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of this Application or that the operation of this Application or Payment Facility will be error free and/or uninterrupted.
Indemnity. You shall indemnify, defend and hold harmless eBay, its subsidiaries and affiliates, their respective directors, officers, employees, sub licensees, users, customers, agents, attorneys, affiliates, successors, and assigns ("Indemnified Parties") from any and all claims, losses, liabilities, damages, suits, actions, government procedures, taxes, penalties or interest, associated auditing and legal expenses and other costs incurred by the Indemnified Parties (including reasonable attorneys' fees and costs of suit) arising from any breach of this terms and conditions whether the said breach is willful or otherwise.
General. None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and eBay and you shall have no authority to bind eBay in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of eBay to eBay India Private Limited Attn: Legal Department, at 101-B, Akruti Corporate Park, Kanjurmarg (West), Mumbai 400079, Maharashtra (India) (in the case of eBay) or to the email address you provide to us during your transaction (in your case). 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 us during transaction. In such case, notice shall be deemed given 3 days after the date of mailing. If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement.
This User Agreement sets forth the entire understanding and agreement between you and eBay with respect to the subject matter hereof.
In eBay’s sole discretion, eBay may transfer its rights and obligations (also known as “assign”) under this User Agreement without your prior express consent, provided that eBay assigns this User Agreement on the same terms or terms that are no less advantageous to you.
Grievance Officer. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.
Arbitration. If any dispute arises between you and eBay arising from your use of this Application or Payment Facility or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this User Agreement and / or all other terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by eBay. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Governing Law. This User Agreement and / or all other terms and conditions accepted by you which are incorporated hereby by way of reference shall be governed and construed in accordance with the laws of India.
eBay Mobile Application. You understand and agree that while buying on eBay Mobile Application, due to certain technical limitations, certain functionalities / features of the eBay Website may not be available to you and to avail all such functionalities / features you shall be required to log in to www.ebay.in. eBay may in accordance with this User Agreement and policies [as modified from time to time] and/or at its sole discretion, restrict / add / modify / delete certain functionalities / features from eBay Mobile Application.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable as amended from time to time and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.ebay.in website.
ADDITIONAL TERMS. Additional terms and conditions that apply to you (based on the device this Application is installed on):
iOS – Apple
1. This is an agreement between you and eBay, and not with Apple. Apple is not responsible for this Application and the content thereof.
2. eBay grants you the right to use this Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
5. Apple is not responsible for addressing any claims by you or any third party relating to this Application or your possession and/or use of this Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of this Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for this Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.
7. Apple and Apple’s subsidiaries are third party beneficiaries of this Privacy Policy and Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.
Windows - Microsoft
1. This is an agreement between you and eBay, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of this Application.
2. You may install and use one copy of this Application on up to five (5) Windows enabled devices you personally own or control and which are associated with your Microsoft account. You may not install or use a copy of this Application on a device you do not own or control.
3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for this Application.
4. Microsoft, the wireless carriers over whose network this Application is distributed (if applicable), and each of their respective affiliates, vendors, agents and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee or conditions under or in relation to this Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-infringement.
5. You, and not the Disclaiming Distributors, bear the risk of using this Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.
BlackBerry – Research in Motion
This Application uses network services and may incur additional network data charges (including additional charges when roaming).
1. To the extent permitted under your local laws, Research in Motion E-Commerce (Inc., Corp. & S.a.r.l.), the telecommunications carriers over whose network this Application is distributed (if applicable), and any third party merchant of record acting as a merchant of record for any transaction associated with this Application (collectively, “Disclaiming Parties”) exclude any liability whatsoever in relation to the Application including without limitation in relation to the sale, distribution or use thereof, or the performance or non-performance of the Application.
2. The Disclaiming Parties are third party beneficiaries of this section entitled “Blackberry – Research in Motion” of the Privacy Policy and Terms of Use, and, upon your acceptance, the Disclaiming Parties as third party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce the terms of this section against you.
Open Source (Android Only). Portions of this Application may contain some or all of the following: (a) Copyright 2008 ZXing Authors; (b) Copyright 2001-2010 Joda-Time Authors; (c) Copyright 2012 FasterXML.com; and (d) Copyright 2005-2013 Google/Android Open Source Project. Licensed under the Apache License, Version 2.0 (the " License"); you may not use these files except in compliance with the License.
You may obtain a copy of the License at:
http:www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.