End-User License Agreement
Last updated: 31/1/2017
Please read this End-User License Agreement of BCard Reader carefully before clicking the "I Agree" button, downloading or using BCard Reader.
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
BCard Reader grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Modifications to Application
BCard Reader reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect until terminated by you or BCard Reader.
BCard Reader may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from BCard Reader, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
BCard Reader reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Information Collection and Use
BCard uses information we collect to analyze how the Service is used, diagnose service or technical problems, maintain security, personalize content, remember information to help you efficiently access your account, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track User Content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws.
You provide us information about yourself, such as your name and e-mail address, if you register for a member account with the Service. Your name and other information you choose to add to your profile will be available for public viewing on the Service. We may use your email address to send you Service-related notices (including any notices required by law, in lieu of communication by e-mail). You can control receipt of certain Service-related messages on your Account page. We may also use your contact information to send you marketing messages. If you do not want to receive such messages, you may opt out by following the instructions in the message. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. Your content will be private at BCard. However, any content published to Third party sites through BCard services will governed by those Third-party sites and maybe searched by search engines and republished elsewhere. This information may be searched by search engines and be republished elsewhere on the Web in accordance with our Terms of Service. If you choose to use our invitation service to invite a contact to the Service, we will ask you for that person's email address or data and automatically send an email invitation or invite through that data. BCard stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation service.
When you visit the Service, we may send one or more "cookies" - small data files - to your computer or device to uniquely identify your browser or device and let BCard help you log in faster and enhance your navigation through the site or App. A cookie may convey anonymous information about how you browse the Service to us, but does not collect personal information about you. A persistent cookie remains on your computer after you close your browser or App so that it can be used by your browser or App on subsequent visits to the Service. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser or App. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Third Party Services
BCard uses Google Analytics to help understand use of the Service. Google Analytics collects the information sent by your browser or device as part of a request, including cookies and your IP address. Google Analytics also receives this information and the use of it is governed by its Privacy Policies.
How We Share Your Information
3. Business Cards Captured by You. Business Cards Captured by you are uploaded for human transcription in order to digitalize and reach up to 100% Accuracy. However, Card Information and your business card is private at BCard and is not made public. We may use email address present on card to send email promoting BCard and asking them to organize their Contacts using BCard Application.
How We Protect Your Information
Authority on Your Personal Information
You may, of course, decline to submit personally identifiable information through the Service, in which case BCard may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account.
Navigating to Other Web Sites
The following are the terms and conditions for use of the Atmas Softwares Pvt. Ltd. ("BCard App") Apps (the "App" or "Apps") and the www.bcardreader.com website, and its respective content together with the Apps available from the website and application www.bcardreader.com (the "Site"). Collectively, the App and the Site are referred to as the "App" or the "Apps". PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE App, YOU AGREE THAT YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) ("YOU") ARE ELIGIBLE FOR AN ACCOUNT AND YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF App (THE "TERMS OF App" OR "AGREEMENT"). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF App, THEN YOU MAY NOT ACCESS THE App, OR ANY PART THEREOF. BCard App' PROVISION OF THE Apps ARE EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF App, TO THE EXCLUSION OF ALL OTHER TERMS, INCLUDING, WITHOUT LIMITATION, TERMS ON ANY PURCHASE ORDER; IF THESE TERMS OF App ARE CONSIDERED AN OFFER BY BCard App, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. BCard App may revise these Terms of App from time to time, including any of the policies which may be applicable to the use of the Apps by posting such revisions at www.bcardreader.com/about/tos or any such other URL that BCard App may provide and we may send registered users an email notice of the change. By continuing to use the Apps after BCard App has posted updates to the Agreement, you agree to the revisions and agree to be bound by them.
To register for the App, BCard App enables you to sign up using either your Yourself by providing the following information which inter alia includes Name, User Name, Password, Mobile Number, Email-ID, etc. Further, at any time during You are solely responsible for the protection of information given out as part of your account and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your account. You agree to notify BCard App immediately upon learning of any unauthorized use of Your account or any other breach of security.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Application, including but not limited to downloading and installation of the Application by the User.
"Content" includes, without limitation, any information or data, text, software, scripts, graphics, photos, and interactive features provided by BCard App or its partners through the Apps, excluding Submissions (as defined below). The Site and the App and any Content made available on or through the App is provided only for (a) your own personal use or (b) your internal business use. For the avoidance of doubt, if you have purchased our Apps, you shall not use any automated data mining tools or techniques on or in connection with the Apps or reformulate any copies of the Content for use in commercial products or Apps or for general resale or distribution. You will comply with all applicable laws and regulations in Your use of and access to the App and Content. You agree not to use the Site or Apps for any purpose that is unlawful or prohibited by these Terms of App. You agree to abide by all applicable local, state, national and international laws and regulations. You shall not use any robot, spider, scraper or other automated means to access the Apps for any purpose. Additionally, you will not: (i) interfere or attempt to interfere with the proper working of the Site or Apps or any activities conducted on the Site; or (ii) bypass any measures BCard App uses to prevent or restrict access to the Site or Apps.
Unless otherwise expressly noted on the App, BCard App reserves all rights, title and interest in and to the Apps and the Content, including all related intellectual property rights. Except as expressly permitted in these Terms of App, You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the App; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the App; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the App; (iv) remove any proprietary notices or labels placed by the App; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the App. BCard App may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. The Site or Apps may permit You to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under BCard App' control, and You acknowledge that BCard App is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by BCard App or any association with its operators. Any dealings that You have with third parties, merchants or advertisers found on the Site are between You and the third party, merchant or advertiser and You acknowledge and agree that BCard App is not liable for any loss or claim You may have against a third party, merchant or advertiser. In no event, shall BCard App be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites. You further acknowledge and agree that BCard App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or Apps available on or through any such website or resource.
Any reports, and any other materials, information, ideas, concepts, feedback and know-how provided by You to BCard App concerning the App ("Evaluations") will be the property of BCard App. You agree to assign, and hereby assign, all right, title and interest worldwide in the Evaluations, and the related intellectual property rights, to BCard App and agree to assist BCard App, at BCard App' expense, in perfecting and enforcing such rights. PROVISION OF App BCard App may terminate Your access to all or any part of the Site and Apps at any time, with or without cause, with or without notice, effective immediately. BCard App will use commercially reasonable efforts to make the Apps available 24 hours a day, 7 days a week, except for: (a) planned downtime, maintenance activities and efforts to maintain session control, or (b) any unavailability caused by circumstances beyond BCard App' reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving BCard App employees), or Internet App provider failures or delays. BCard App or its suppliers may, at any time, without notice or liability, restrict the use of the Site or Apps or limit the availability in order to perform maintenance activities and to maintain session control. BCard App automatically measures and monitors network performance. BCard App does not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of BCard App or its authorized vendors, contractors and agents. Actions Undertaken by the Application on your Device Upon download and installation of the Application, You grant the following permissions to BCard to perform the following actions on the device You have installed the Application in. To read from, write on, modify and delete data pertaining to the Application on the device's hard disk and/or external storage; To access information about networks, access networks including wi-fi networks, receive and send data through the network; To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks; To determine Your exact location from sources such as, but not limited to GPS; To access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device; To retrieve information about other application running on the device the Application has been installed on and open them; To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BCard App (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AGENTS OR AFFILIATES) OR ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, OR LOSS OF DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF BCard App HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless BCard App from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by You; (b) the use of the Site or Apps by You; (c) negligent acts, errors, or omissions by You; (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of BCard App; or (e) third party claims for infringement of any intellectual property rights arising from Your Submissions or Your use of the Apps or Site.
If you have any questions about this Agreement, please contact us.
BCard Reader, Malviya Nagar,
New Delhi – 110017