SCOUT - DISCLAIMER

Disclaimer

Who We Are
Who We Are The following website located at www.scoutgroup.co.in and www.smartparkingindia.com (the “Scout Websites”) are operated and maintained by Scout Group (“Scout”), a Company registered in the state of Maharashtra, India. The Scout Websites contain information, materials and hypertext links to websites that are of interest to Scout, our clients and the general public (the "Content" or "Contents"). The Content is offered in good faith and for informational purposes only. The Scout Websites are provided as a service and Scout may, at any time and from time to time, delete, modify or supplement the Content without notice or liability to you.

Your Use Of The Scout Websites
Your use of the Scout websites constitutes your express and unconditional acceptance of the terms and conditions on this webpage (this "Agreement"). Please read this agreement carefully.

This Agreement governs your use of the Scout Websites and its Contents. By accessing or using the Scout Websites, you acknowledge that you have read this Agreement and our privacy statement. You agree that each use by you of the Scout Websites signifies your continuing agreement to be bound by this Agreement. You represent and warrant to Scout that you have full legal authority to enter this Agreement on your own behalf and on behalf of any person that you represent.

You covenant in favour of Scout that you will not upload, post or transmit to, distribute, disseminate, or otherwise publish via or through this Website any materials that:

(1) restrict or inhibit any other user from using or accessing this Website or the Content;
(2) are unlawful, threatening, abusive, harassing, libellous, defamatory, derogatory, discriminatory, disruptive, obscene, vulgar, offensive, objectionable, pornographic, profane, sexually explicit or indecent;
(3) constitute, advocate or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation, whether in India or in your local jurisdiction;
(4) violate or infringe the rights of third parties, including copyright, trade-mark rights, patent rights, rights of privacy or publicity or any other proprietary right of a person;
(5) contain a virus, corruption or other harmful or destructive element or item that might damage the operation of another's computer or software applications;
(6) contain any information, software or other material of a commercial nature, including any advertising, promotions or solicitations for purchase or sale and any "spam" or other bulk communications; or
(7) constitute or contain false or misleading author attributions, legal or other notices, proprietary designations, labels or other indications of origin or source, or facts.

No Professional Advice
You acknowledge and agree that the Content is general in nature and is not intended as professional engineering advice, or operational advice, or other advice. The Content is not an offer by Scout to provide professional services to you or other persons. You acknowledge and agree that you will seek qualified professional advice before acting (or failing to act) or relying in any way upon any Content.

No Professional Relationship
You acknowledge and agree that neither this Agreement nor your access to or use of the Scout Websites create a professional, consulting, advisory, fiduciary or other relationship between yourself and Scout (or any shareholder, director, partner, employee or agent of Scout). Nor does any communication by you with Scout (or any shareholder, director, partner, employee or agent of Scout) via email or through the Scout Websites constitute any such relationship. No duty of care is assumed by Scout in providing the Content on the Scout Websites. You further agree that you will not use the Scout Websites to transmit to Scout any confidential or privileged information. We caution that any electronic mail communication (email) may not be secure, and may not remain confidential. Do not send us confidential, proprietary or other commercially sensitive information in any format or by any means of communication unless you have first taken all appropriate precautions to protect such information. DISCLAIMERS AND LIMITATIONS OF LIABILITY

Warranty Disclaimer
The Scout Websites are provided on an "as is" and "as available" basis. Scout does not accept any liability whatsoever for your use of or access to the Scout websites. To the fullest extent permitted by law, Scout disclaims making any representation and warranties of any kind whatsoever in respect of the content or the Scout website in general. Scout disclaims all express and implied warranties including, without limitation, those of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights and those arising by law, under statute, in trade, by course of dealing or otherwise. Without limiting the foregoing, Scout does not represent or warrant that:

(1) access to the Scout Websites will be secure, timely, error- or virus-free, continuous or uninterrupted;
(2) communications to or from the Scout Websites will be secure or free from interception;
(3) the Scout Websites and the Content will be accurate, complete or current; or
(4) errors, defects and inaccuracies in the Scout Websites or the Content will be corrected.

Liability Disclaimer
Scout expressly disclaims liability for all damages and losses (whether direct or indirect, incidental, special, consequential, punitive or otherwise) arising from or in any way related to your use of or access to the Scout websites or the content (including hypertext links provided on the Scout websites), including, without limitation, damage to any computer, software application or data by any virus that might be transmitted or activated via the Scout websites or access to the Scout websites, any breach of copyright or other intellectual property right, and contravention of any local, national or international restriction on the publication or transmission of the information, whether such liability is based on contract, tort, statue, strict liability or otherwise, even if Scout or its agents have been advised of the possibility of damages. It is solely your responsibility to take precautions to ensure that whatever you access or download from the World Wide Web is free of such items such a viruses, worms, Trojan horses and other items of a destructive nature.

Email Disclaimer
Please be cautious when you communicate via the Internet or via email. Email transmissions may not be secure. Scout strongly recommends that you do not send privileged, confidential or otherwise sensitive information to Scout by email or via the Scout Websites unless you take appropriate precautions including the use of password protection and encryption. By sending Scout information or material, you grant Scout an unconditional, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute that information or materials and you acknowledge that Scout may use any ideas, concepts or techniques that you send to Scout for any purpose, without compensation to you.

Internet Disclaimer
Scout expressly acknowledge that websites that may be linked to the Scout Websites are owned and operated independent of Scout and that Scout has no responsibility or liability whatsoever for, or control over, any such third party websites. You acknowledge that your use of third party websites (and your dealings with the third parties who own such websites) shall be conducted solely at your risk. Scout encourages you to exercise discretion when using the hypertext links on the Scout Websites. Any hypertext link may ultimately direct the user to websites containing content that some people may find offensive or inappropriate or that violates laws in force in your jurisdiction. The suitability of information accessed by hypertext link from the Scout Websites is the sole responsibility of the person(s) that maintain that information or third party website. If you have questions about the content of a particular third party website, or information related to it, contact the person or webmaster responsible for that website. Access to the Scout Websites for the purpose of browsing the Content via the World Wide Web is encouraged; all other attempts to access or use the Scout website, the related computer systems or its resources are unauthorized. Unauthorized use of a computer system is a criminal offence in India.

No Endorsements
Scout does not endorse any product or service available through any third party website linked to the Scout Websites. Scout makes no warranties or representations, express or implied, with respect to any products or services made available from third party websites hypertext linked, directly or indirectly, to the Scout Websites.

Content Warning
The Content, including information and documents available on the Scout Websites, is not intended to provide specific engineering advice, or operational advice, or other advice to you. Internet software or transmission problems can produce inaccurate or incomplete copies of Content when downloaded and displayed on your computer and reference should always be made to the official versions of such Content available at the offices of Scout.

Limitation of Actions
Proceedings with respect to any cause of action you may have with respect to your use of and access to the Scout Websites must be commenced in the jurisdiction of Pune, Maharashtra, India, and within six (6) months after the claim or cause of action arises.

Web Privacy Statement
Your use of and access to the Scout Websites is subject to our privacy statement (as may be amended from time to time) and our privacy statement is incorporated into and forms a part of this Agreement. To review our privacy statement, please click here. Your continued use of and access to the Scout Websites constitutes your acknowledgement that you have read and agreed to the terms and conditions of our privacy statement.

Ownership And Use Of The Scout Websites And The Content
Ownership
The Scout Websites and the Content is, and shall remain, the sole property of Scout. Your use of or access to the Scout Websites shall not in any way transfer or assign to you any ownership or other proprietary rights in or to the Scout Websites or any Content. The Scout Websites and the Content is protected by all relevant Indian and international copyrights in the design of the Scout Websites, including layout, typography underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise.

Trademarks
Trade-marks, trade names and designs appearing on the Scout Websites are the exclusive property of, or are licensed to, Scout and are protected. No use of a trade-mark, trade name or design appearing on the Scout Websites may be made without the prior, written permission of Scout or the owner thereof. Scout, the Scout logo, is trademarks or registered trademarks of Scout Group.

Linking - Permission Required
You are prohibited from making links of any kind to the Scout Websites without Scout's prior written permission. You may not sell, retransmit, repackage, disseminate or otherwise republish any of the Content in any form, including paper, nor may you include any Content with any product, document or information that you hold, create, or distribute without the prior written consent of Scout. Without limiting the generality of the foregoing, hypertext linking to the Scout Websites or "deep linking" to any webpage on the Scout Websites is strictly prohibited without the express written permission of Scout.

Data Mining and other Prohibited Uses
Use of the Scout Websites through a Web browser that contains any frames displaying contents of other Websites is strictly prohibited. The scraping or mining of data from or framing or mirroring of the Scout Websites by any method is strictly prohibited. You agree not employ or utilize any collaborative browsing or display technologies.

Limited License
Scout grants to you a limited, revocable, non-transferable, non-exclusive license to display on your computer, print, download and use one copy of the Content, but only for non-commercial, personal or educational purposes, and provided always that you:
(1) Do not amend, modify or change any such Content;
(2) Include with and display on each copy of such Content the associated copyright notice ("Copyright © 2009 Scout Group. All rights reserved.") and this limited license; and
(3) Include all Scout identification, marks, notices and disclaimers.
No other use or copying of the Scout Websites or the Content is permitted. Without limiting the generality of the foregoing, you are expressly prohibited from:
(a) Making any commercial use of any Content;
(b) Including any Content in or with any product or service that you distribute or provide;
(c) Copying any Content onto your or any other website; and
(d) Storing any Content for reproduction, redistribution or publication to third parties.

Notwithstanding the foregoing, nothing contained in this Agreement shall be construed as conferring any right under any copyright of Scout or any other person who owns copyright in the Content.

Scout, in its sole and absolute discretion, may change, suspend or discontinue any aspect of the Scout Websites at any time, including the availability of any feature, database or other Content. Scout may also impose limits on certain features and services, or restrict your access to parts or all of the Scout Websites, without notice or liability to you.

Right to Suspend
Scout, in its sole and absolute discretion, may change, suspend or discontinue any aspect of the Scout Websites at any time, including the availability of any feature, database or other Content. Scout may also impose limits on certain features and services, or restrict your access to parts or all of the Scout Websites, without notice or liability to you.

Restricted Areas
Certain areas of the Scout Websites may be accessed only by use of a user identification and password. If you have access to any of these areas, you are responsible to ensure that your user identification and password are not disclosed to any other person. If you disclose your user identification or password to any other person or become aware of any unauthorized access, you are responsible to advise Scout immediately by contacting Scout at +91 80 6546 4334. You are responsible for and hereby release Scout from, and indemnify Scout against, all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by the person to whom you disclosed them or by any other person.

General Terms and Conditions
This Agreement, and your rights and obligations under this Agreement, may not be transferred or assigned by you without the prior written consent of Scout, which consent may be arbitrarily withheld by Scout in its sole and absolute discretion. Scout may at any time assign this Agreement, including any of its rights and obligations hereunder, without your prior consent. This Agreement shall be governed and construed in accordance with the laws of the Maharashtra jurisdiction, India, without regard to conflict of law rules. You covenant and agree with Scout that any dispute must be resolved before the jurisdiction of Bangalore, Maharashtra, India. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts Maharashtra. Scout may, in its sole and absolute discretion, amend this Agreement from time to time, for any reason, without prior notice or liability to you or to any other person; provided, however, that Scout will ensure that any such amendment will be made available to you on the Scout Websites. Your use of the Scout Websites after such amendments are posted by Scout signifies your acceptance of those revised terms of this Agreement. You are responsible for periodically visiting this webpage to review the terms and conditions of this Agreement. You may not change, modify or amend this Agreement in any manner. No consent of or waiver by Scout will be effective unless in writing and signed by an authorized representative of Scout. If any provision this Agreement is invalid, illegal, or incapable of being enforced by reason of any rule of law or public policy, then such provision shall be severed from this Agreement and shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. All other provisions of this Agreement shall, nevertheless, remain in full force and effect and no provision shall be deemed dependent upon any other provision unless so expressed herein. The provisions herein contained constitute the entire agreement between you and Scout, and supersede all previous communications, representations, and agreements, whether oral, written or electronic, between you and Scout, with respect to the subject matter hereof; there being no representation, warranties, terms, conditions, undertakings, or collateral agreements (express, implied, or statutory), between the parties other than as expressly set forth in this agreement; provided that in the event of any inconsistency between this Agreement and any agreement governing the provision by Scout of any particular legal service to you, the latter shall prevail; provided that the absence from any other agreement of a term included in this Agreement shall not be deemed an inconsistency. The terms and provisions of this Agreement inure to the benefit of, and are binding upon, you and your heirs, executors, administrators, personal representatives, successors and permitted assigns, and upon Scout and its successors and assigns. If you breach any provision of this Agreement, you may no longer use the Scout Websites or any Content. Scout may, in its sole and absolute discretion for any reason, cancel or terminate your right to use the Scout Websites at any time without notice, whereupon you are no longer authorized to use the Scout Websites and the Content. In the event of any termination of this Agreement or your right to use this Website and the Content, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Scout Websites and the Content and Scout may continue to use and disclose your personal information in accordance with our privacy statement, as amended from time to time. All provisions of this Agreement that by their nature are intended to continue after the termination of this Agreement shall survive and continue after such termination. Use of the Scout Websites is not authorized in any jurisdiction that does not give full effect to all of the terms and conditions of this Agreement. The foregoing terms and conditions were last amended on 1st July 2009.

Terms of Use Questions
If you have a question about the Terms of Use, you can contact us at:
Chairman,
Scout Group,
2 nd Floor, I-Space Kolte Patil Project,
Mumbai – Bangalore Highway,
Pune, India.
Phone: +91 (20) 65239111
Email: info@scoutgroup.co.in

If you become aware the information you have provided to Scout is incorrect and you would like us to correct it, contact us as indicated above or through your Login account at Scout. Before Scout is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.