Application Inauguration Terms of Use

These Application Inauguration Terms of Use (hereinafter referred to herein as, these "Application Inauguration Terms") are a legal agreement by and between Incomars. (hereinafter referred to as “Incomars” or with "us" or "we") and each end user (hereinafter referred to herein as “you” or as a “User” and with “your”) and set forth the terms and conditions that will govern your use of any software application functionality or services provided by Incomars through Incomars’s application inauguration (hereinafter the “Application Inauguration”) and of each mobile application made available from the Application Inauguration (hereinafter referred to herein as an “App(s)”). Please note that these Application Inauguration Terms are in addition to and should be read together with the Terms of Service which also govern the use of the Apps or of the provision of additional Incomars Services and are hereby incorporated by reference. Further, Incomars recommends review of its Privacy Policy. Collectively, the Terms of Service, Privacy Policy, and these Application Inauguration Terms shall be referred to as the “Incomars Terms”.

In order to use any Application, you must agree to be bound by these Application Inauguration Terms. Further access or use of the Application Inauguration or any Application or other acceptance to the Terms of Service or these Application Inauguration Terms, whichever occurs first, shall constitute your acceptance of the Incomars Terms (hereinafter referred to as “Incomars Terms of Use”). Please read the Incomars Terms. Moreover, the Incomars Terms shall apply to all visits that you make or activities you conduct or undertake at or through the Application Inauguration (or an App therefrom). If you do not wish to comply with the Incomars Terms, you are not permitted to access or use the Apps and should immediately cease any use and uninstall and delete or destroy any Apps or other related materials you have in your possession or control.

1. Using and Installing Apps

The Application Inauguration offers to Users the opportunity to licence and then access and install particular Apps for use with the Website services that Incomars offers. Many of the Apps are developed, offered, provided, and licensed to you by third party developers or licensors (with such entities hereinafter referred to collectively as “Third Party Developers”). Apps offered and provided by Incomars shall be expressly noted, with all other Apps offered and provided by Third Party Developers.

From time to time, we may offer to Users sales, credit points, or other promotions that may be utilised in the Application Inauguration. Please note that in the event of any promotion, Incomars may subsequently modify or discontinue any such promotions at any time. Additional terms applicable to such promotions shall be separately provided with each such promotion, and Incomars may otherwise provide notice of any modification by direct communication with its Users or through general announcements offered through the Application Inauguration. Subject to your compliance with the Terms, Incomars hereby grants to you through these Application Inauguration Terms a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Application Inauguration for the sole purpose of browsing, locating, or purchasing a licence to Apps offered by Incomars or its Third Party Developers. All rights not expressly granted by Incomars are hereby reserved. Accordingly, you are hereby prohibited from using the Application Inauguration in any manner that is not expressly and unambiguously authorised by these Application Inauguration Terms. Incomars shall own all right, title and interest in and to the Application Inauguration and Incomars or its Third Party Developers shall own all right, title, and interest in and to the Apps offered to Users, including without limitation all applicable intellectual property rights in the Apps.

INCOMARS IS NOT AFFILIATED WITH OR RESPONSIBLE FOR THE CONTENT, FUNCTIONALITY OR PERFORMANCE OF ANY APP OFFERED BY A THIRD PARTY AND YOUR USE OF ANY SUCH APP IS AND REMAINS AT YOUR OWN RISK. ALL THIRD PARTY DEVELOPERS ARE INDEPENDENT PARTIES FROM INCOMARS. INCOMARS HAS NO CONTROL OVER AND SHALL THEREFORE ASSUME NO RESPONSIBILITY FOR ANY APP AND ITS CONTENT, FUNCTIONALITY, PRIVACY POLICY OR TERMS OF USE (AND THE PRESENCE, DISPLAY, TERMS, CONDITIONS, OR POLICIES OF SUCH PRIVACY POLICY OR TERMS OF USE), AND AVAILABLE OR RELATED PRODUCTS OR SERVICES. You hereby acknowledge and agree that Incomars is not responsible and does and will not have any liability for any App offered by a Third Party Developer.  Further, in no event shall any reference to any Third Party Developer or any App offered by a third party be construed as endorsement by us of that third party, of that App, or of any product or service provided by such third party on or through such App. Please review the particulars for each App in order to determine the applicable entity that offers, provides, and licences the App. Incomars is merely an intermediary offering the opportunity for Users to access and use the Apps, and access to and use of the Application Inauguration shall not be construed as making Incomars a publisher, provider, or licensor of any App that Incomars does not expressly state that it offers and provides through the Application Inauguration.

The Application Inauguration or the Apps in the Application Inauguration may also contain links to third party websites (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by Incomars and are owned, controlled and/or maintained solely by third parties over whom Incomars exercises no control. In addition, Incomars may in its sole discretion provide third party content on the Application Inauguration (“Third Party Content”). Such Third Party Content is created, edited, published, maintained and transmitted by third parties.  Accordingly, Incomars hereby expressly disclaims and shall not have any liability or responsibility for (i) any Third Party Content appearing on the Application Inauguration, or (ii) the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on Third Party Sites accessible through links in the Application Inauguration. Moreover, the Third Party Sites and Third Party Content do not imply an endorsement by Incomars with respect to any third party, any third party content, any website, network, page, or the products or services provided by any third party.

In addition, the Apps in the Application Inauguration may allow for access to certain third party services, including, without limitation, API platforms, marketing and advertising services, social network platforms, publication and delivery services, e-commerce services, and other services (with such third party services hereinafter referenced collectively as "Third Party Service(s)"). In connection with utilising any Third Party Service, please note that you may need to accept additional updates or upgrades to certain Apps from time to time in order to continue your use of the App or use of the App through the Application Inauguration. In connection with utilising any Third Party Service, please also note that such Apps may collect or use certain data, including personally identifiable information. Please review the respective privacy policies offered by each App.

Incomars is not responsible and does and will not have any liability for any Third Party Service.

Please also note that Incomars may terminate its use of or any Application Inauguration’s utilisation (and any App’s (available therefrom) utilisation) of any Third Party Service in its sole discretion at any time and with or without notice to you. Any such termination may result in the inability to utilise certain features of the App offered through the Application Inauguration. Further, Incomars is not responsible for such termination.

By downloading, accessing, or using the Application Inauguration, you represent and warrant that (i) you are at least 18 years of age or the legal age of majority; (ii) you will at all times provide true, accurate, current, and complete information when submitting any registration form(s) or otherwise providing any information to Incomars through the Application Inauguration; and (iii) pay all required fees through any payment method prescribed and/or permitted by Incomars, including, without limitation, through a credit card or any online payment processing service. Any breach of the foregoing representations and warranties entitles Incomars to immediately terminate the Incomars Terms and/or seek any and all remedies available at law or equity.

Registration for access to and use of the Application Inauguration may require both a user name and a password and adherence to other particular access requirements as designated by Incomars in its sole discretion from time to time for your account. You hereby agree to consider your user name and password as confidential information and not to disclose such information to any third party without the prior express written consent of Incomars, which may be withheld in its sole discretion. You shall immediately notify Incomars if you suspect or become aware of any loss or theft of your password or any unauthorised use of your user name and password. Incomars will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations. These Application Inauguration Terms provide only a limited licence to access and use the Application Inauguration. Accordingly, you hereby agree that Incomars transfers no ownership or intellectual property interest or title in and to the Application Inauguration to you or anyone else in connection with your use of the Application Inauguration. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Application Inauguration are exclusively owned, controlled, and/or licensed by Incomars or its members, parent(s), licensors, or affiliates. INCOMARS and all other names, logos, marks, and icons identifying Incomars and its products, and/or services are owned exclusively by Incomars, and any use of such marks without the prior express written permission of Incomars is hereby expressly prohibited. Other trademarks or service marks identified on or through the Application Inauguration may be the trademarks or service marks of third parties, including Third Party Developers.

Any review, feedback or other submissions you make to Incomars on or through the Application Inauguration, including, without limitation, any information you provide to Incomars through any registration process and/or forum (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable and non-exclusive right and licence for Incomars to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Submission without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary

.2. Payment Terms, Cancellations and Refunds

​

a. Free Apps and Consideration for Using the Apps

​

Apps, whether offered by a third party or by Incomars, may be provided for with or without a fee. In addition, both Incomars and Third Party Developers may impose, in its and their sole discretion, additional conditions or limitations on your access and use of certain Apps. Such additional conditions or limitations shall be identified or provided by notice in connection with each applicable App. In the event use of an App requires a certain fee(s), applicable fees or conditions shall be further identified or provided by notice in connection with each applicable App. Please note that purchasing of the App is generally final, and no returns, replacements or refunds will be permitted. The Application Inauguration shall identify the current fee, availability, or applicable terms, conditions, or limitations, at the time of download or access. There may also be some technical challenges in the conversion rates of certain currencies. If you encounter such a difference, you may contact us at incomarssoftwareservices@gmail.com and Incomars will address such payment issues on a case-by-case basis. You are solely responsible for the payment of all fees and taxes (in each case, if any) for any App that you obtain from the Application Inauguration. Moreover, when you indicate that you wish to licence an App, you hereby authorise Incomars to charge your credit card, debit card or other payment method you have specified in your account for any and all fees and taxes payable for such App from time to time, and as and when such payments become due. Please note that for Apps from Third Party Developers, Incomars shall serve only an intermediary role in facilitating or collecting the applicable fees and taxes from you.

b. Price Changes. 

Apps, When you licence an App that requires a fee payment, please note that Incomars or the Third Party Developer shall apply the fee in effect at the time of download or request to licence the App (or one if its features). Incomars shall identify or provide notice of the applicable fee at the time of download or request for licence. Incomars and its Third Party Developers reserve the right to change the fees owed for any App (or one of its features). If Incomars or the Third Party Developer later increases an on-going subscription or other periodic fee for an App, the increase will apply against the next payment due. For Apps requiring an on-going subscription or other periodic fee, if you do not wish to continue being assessed a fee for use of the App, you may delete and otherwise stop all use of the App and provide Incomars with notice thereof using incomarssoftwareservices@gmail.com. Following such deletion and the provision of notice to Incomars, you will not be charged further amounts for the App, provided you have notified us before the end of the current billing period. You will not receive a refund for the current billing period.

3. Data

a. The Incomars & Data Collection

The use of the Application Inauguration and any of the Apps may provide Incomars with data relating to the download, use and performance of an App or Apps, as well as information regarding your use of the App and the Application Inauguration. For example, the use of an App from the Application Inauguration may provide Incomars with data about the device type, network connectivity, location of the device running an App, information about when an App is launched, individual session lengths for Apps, or why an App may not be working. The Application Inauguration also utilises a Incomars proprietary API (the “Incomars”) to captures data from a variety of actions or "activities" made through an App, such as contact information, messages, navigation, purchases, bookings, and more. All of this data or activity data  is and will be stored and managed by Incomars in a centralised database. Please note that Incomars may share related data with you, Third Party Developers or with other third party business partners that will work with Incomars in connection with the Application Inauguration or the provision, hosting, support, implementation, or the conduct of transactions through an App(s). In addition, Third Party Developers may store and manage such data provided through their Apps that you have chosen to install on your website, and may share such data with other Apps that are installed on the same website. With the Incomars, Incomars is creating an environment whereby Incomars and its Third Party Developers can generate business processes using Apps and the data collected therefrom and shared (as noted above) in order to improve the functionality of the Application Inauguration and the Apps available therefrom and to allow Users to use related Apps or associated Application Inauguration functionality.

b. Data Protection.

Incomars recommends, and in some circumstances requires, that all Third Party Developers for the Apps in its Application Inauguration post a privacy policy or other statement describing the applicable App’s privacy practices regarding how personally identifiable information is collected, shared, and used by or through an App and its respective App provider, whether Incomars or a Third Party Developer. Please note that any data collection will be pursuant to the privacy policy or statement of the provider of such App. Moreover, please note that Incomars does not review and is not responsible for the practices of any Third Party Developer. Incomars shall not be responsible for the privacy policy or statements of any Third Party Developer. Incomars encourages you to read not only the Incomars Privacy Policy but also the relevant available privacy policies of Third Party Developers for each of your Apps. In addition, by installing an App, you hereby acknowledge and agree that you are solely responsible for your own compliance with applicable privacy restrictions, laws and regulations, including for your own use of an App(s) and other data activities you may conduct or may permit third parties to conduct.

For more information about collection and sharing of data by Incomars through the Application Inauguration, please read Incomars’s Privacy Policy (On our website at the bottom, contact us).

4. Use of and Restrictions on Apps

a. Restrictions on App Usage.

Any actual or attempted use of the Application Inauguration by you in violation of these Application Inauguration Terms may result in termination of your account. Incomars reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Application Inauguration (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Application Inauguration. Incomars may share any User Information we obtain from you with any law enforcement organisation in connection with any investigation or prosecution of possible criminal or unlawful activity. Incomars will also disclose User Information as required by any court order and/or subpoena.  In addition, Incomars hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to the Application Inauguration, or any portion thereof, in order to protect the Application Inauguration, Incomars, or the business interests of Incomars and/or its members, users and visitors.

The right to use the Application Inauguration or any App is limited and will be further determined by the Incomars Terms and the terms and conditions provided by an applicable Third Party Developer.  All rights not granted by Incomars or a Third Party Developer are reserved. In particular, you hereby agree not to directly or indirectly undertake the following: (a) sell, resell, lease, licence, or sublicense the Application Inauguration or any App. ; (b) attempt to reverse engineer the Application Inauguration or any App (or any component of either); (c) attempt to create a substitute or similar marketplace, Application Inauguration, or application through use of, or access to, the Application Inauguration or any App; or (d) use the Application Inauguration or any App to store or transfer any restricted or unlawful data, including, without limitation, any Application Inauguration data that is controlled for export under export control laws and re-export control laws and regulations, such as, without limitation, the Export Administration Regulations maintained by the Government of India, Ministry of Commerce and Industry (“Department of Commerce”),The Ministry of Finance is a ministry within the Government of India. In particular, it concerns itself with taxation, financial legislation, financial institutions, capital markets centre and state finances, and the Union Budget.

b. Removal or Unavailability of Apps.

All Apps are only available to you in the Application Inauguration for as long as Incomars has the right to make such App available or, in the case of Apps provided by Incomars, for as long as Incomars determines, in its sole discretion, to make its own App available. Incomars therefore reserves the right to remove or suspend the availability of any App from the Application Inauguration for any reason and with no obligation to provide any explanation or notice. Please review the Application Inauguration from time to time to determine current App availability. In addition, if for some reason your account at Incomars was disabled or accessed in an unauthorised manner, then you may be prevented from accessing the Application Inauguration or any files or any Apps that are associated with your Incomars account. Incomars does not provide any representation, warranty, or guarantee regarding its ability to store any data with or as a part of the Application Inauguration (or any App available therefrom). Please keep a back-up of any data that may be stored with the Application Inauguration (or any App). Application Inauguration Incomars will not be responsible for any lost data for any reason.

c. Disclaimer of Warranty.

INCOMARS PROVIDES THE APPLICATION INAUGURATION AND ALL APPS, WHETHER DEVELOPED BY INCOMARS OR A THIRD PARTY DEVELOPER, ON AN "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS, INSTALL, OR USE AN APP, YOU DO SO ON A VOLUNTARY BASIS AND BEAR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND AS APPLICABLE TO THE APPLICATION INAUGURATION (AND ANY APP AVAILABLE THEREFROM), INCOMARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.

d. Limitation of Liability.

IN NO EVENT IS INCOMARS LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING SUCH DAMAGES IN THE NATURE OF LOST DATA, PROFITS, OR REVENUE, EVEN IF INCOMARS KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. MOREOVER, FOR ANY AND ALL DAMAGES OR LIABILITY, INCOMARS WILL NOT BE HELD LIABLE FOR THE USE OF THE APPLICATION INAUGURATION OR APPLICABLE THAT GAVE RISE TO THE DAMAGE FOR MORE THAN THE AMOUNT PAID BY YOU TO INCOMARS DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

e. Changes.

INCOMARS MAY MODIFY THE INCOMARS TERMS, INCLUDING THESE APPLICATION INAUGURATION TERMS, AT ANY TIME.  SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS ON INCOMARS APPLICATION INAUGURATION OR PROVIDING DIRECT NOTICE THROUGH EMAIL TO THE ADDRESS YOU PROVIDE. YOUR USE OF THE APPLICATION INAUGURATION, INCLUDING ACCESS TO ANY APP AVAILABLE THEREFROM, FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES AND CONTINUED ACCEPTANCE OF THESE APPLICATION INAUGURATION TERMS (THEN IN EFFECT). INCOMARS RECOMMENDS THAT YOU REVIEW THE INCOMARS TERMS, INCLUDING THESE APPLICATION INAUGURATION TERMS, ON A PERIODIC BASIS.

5. Miscellaneous

a. Dispute resolution and waiver of class actions.

Subject to Incomars’s right to seek injunctive relief, and except to the extent prohibited by applicable law, you hereby agree to resolve any dispute relating to or arising out of these Application Inauguration Terms or Incomars’s performance in connection therewith only as set forth in this section. You may initiate a dispute with Incomars by sending a written notice to Incomars (Contact us form), specifying with as much detail as possible the nature of your dispute, what you request as resolution and submitting any documentation that you feel would be useful for Incomars to review in order to resolve the dispute. If we cannot resolve the dispute by negotiating in good faith within thirty (30) days of the date on which we receive your written notice, you hereby agree that any dispute relating to or arising out of these Application Inauguration Terms or Incomars’s performance in connection therewith shall be subject exclusively to binding by your feedback. 

b. Waiver & Severability. 

Incomars’s failure to insist upon strict performance of any of the terms and conditions of these Application Inauguration Terms by you will not operate as a waiver of any subsequent or other default or failure of performance. If any part of these Application Inauguration Terms is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the remainder of these Application Inauguration Terms shall continue in effect.

c. General.

These Application Inauguration Terms have been made in and will be construed and enforced in accordance with the laws of the State of India, without respect to its conflict of laws principles. Any claim or dispute between you and Incomars that arises in whole or in part from the Incomars website shall be decided exclusively by a court of competent jurisdiction located in India. YOU AND INCOMARS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE APPLICATION INAUGURATION TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

No joint venture, partnership, employment, or agency relationship exists between you and Incomars as a result of these Application Inauguration Terms or your utilisation of the Application Inauguration. Headings are for convenience only. These Application Inauguration Terms along with the Incomars Terms represent the entire agreement between you and Incomars with respect to use of the Application Inauguration, and hereby supersede all prior and/or contemporaneous communications and proposals, whether electronic, oral, or written between you and Incomars with respect to the Application Inauguration. You may not assign or transfer any rights under these Application Inauguration Terms without the prior express written consent of Incomars, which may be withheld in Incomars’s sole discretion.

Thank you for reading!