Havells India Limited, being the author and publisher of the mobile application for Smart Products (hereinafter the “App”) hereby explains the terms and conditions for use of the App by the users.
1. NATURE AND APPLICABILITY OF TERMS AND CONDITIONS
1. The use of the App is subject to these terms and conditions and the privacy policy available at the App (“Privacy Policy”). Kindly carefully read these terms and conditions and the Privacy Policy before you decide to use the App. These terms and conditions and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Havells India Limited in connection with your use of the App and your use of the Services (as defined below).
2. This Agreement applies to those services made available by the App, which are offered to the Users (“Services”), including the following:
You are offered intelligent life equipment management services, based on which you can access to the intelligent terminal on Tuya Cloud Platform through the Tuya Control, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users' demands or judgment of service supplier, and service supply may be suspended due to regular and irregular maintenance.
3. For availing the Services, you need to create an account by registering yourself with the App (“Account”). You will be required to provide the information including your name, mobile number, email address and such other information as appearing on the registration page and complete all the steps required to complete your registration and creation of Account.
4. The Services may be changed by Havells India Limited for improving your use of App and Smart Products and the Agreement will apply to your visit and your use of the App for availing the Services, as well as to all information provided by you on the App at any given point in time.
5. This Agreement defines the terms and conditions under which you are allowed to use the App and describes the manner in which Havells India Limited shall treat your Account while you are registered on the App. If you have any questions about any part of the Agreement, feel free to contact us at privacy@havells.com.
6. By downloading or using the App to avail any of the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions, if any, communicated to you relating to your use of the App to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
7. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing by a notice on the App. You should read the Agreement at regular intervals. Your use of the App following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
8. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the App and avail any Services.
9.
10. The Agreement is published in compliance of, and is governed by the provisions of the applicable laws including:
1. the Indian Contract Act, 1872,
2. the (Indian) Information Technology Act, 2000, and
3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”).
2. CONDITIONS OF USE
By registering, visiting and using the App, you represent and warrant to Havells India Limited that you have the right, authority and capacity to use the App and the Services available through the App, and agree to and abide by this Agreement. You confirm that you have right to and are authorised to share and/or disclose personal information and sensitive personal data or information on the App and you have obtained requisite consents, permissions from concerned stakeholders e.g., your employer, if applicable. In the event of any unauthorised disclosure of personal information and sensitive personal data or information by you, you shall be responsible for all the consequences arising from such disclosure.
3. TERMS OF USE APPLICABLE TO ALL USERS
The following are the terms of use of the App applicable to all the Users:
1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
2. The information being collected and the purpose, means and modes of usage of such information are laid down in the Privacy Policy.
3. The User shall ensure to read and understand the Privacy Policy, so as to ensure that the User has the knowledge of, inter-alia:
1. the fact that certain information is being collected;
2. the purpose for which the information is being collected;
3. the intended recipients of the information;
4. The nature of collection and retention of the information.
4. Havells India Limited shall not be responsible in any manner for the authenticity and accuracy of the personal information, sensitive personal data or any other information, supplied by the User to Havells India Limited or to any other person acting on behalf of Havells India Limited.
5. The User is responsible for maintaining the confidentiality of the User’s Account access information and password. The User shall be responsible for all usage of the User’s Account and password, whether or not authorized by the User. The User shall immediately notify Havells India Limited of any actual or suspected unauthorized use of the User’s Account or password. Havells India Limited shall not be liable for your loss(es) caused by any unauthorized use of your Account, and you, the User shall be liable for the loss(es) caused to Havells India Limited, its Directors, employees, consultants, as the case may be, due to any unauthorized use of your Account.
6. User understands and agrees to provide true, correct and accurate information, and will not use the App for any acts that can be considered to be illegal in nature. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Havells India Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Havells India Limited has the right to discontinue the Services to the User at its sole discretion.
7. Havells India Limited assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s device on Account of User’s access to, use of, or browsing the App or the downloading of any material, data, text, images, video content, or audio content from the App. If a User is dissatisfied with the App, User’s sole remedy is to discontinue using the App.
8. If Havells India Limited determines or has a reason to believe that the User has provided fraudulent, inaccurate, or incomplete information, Havells India Limited reserves the right to immediately suspend such User’s access to the App.
9. The User acknowledges that the App may send communications to User’s mobile number which is provided by User, based on the User’s settings. However and notwithstanding anything to the contrary in this Agreement, Havells India Limited does not take responsibility for timeliness of such communications.
10. Users are also prohibited from:
1. violating or attempting to violate the integrity or security of the App or any content on the App;
2. intentionally submitting any incomplete, false or inaccurate information;
3. making any unsolicited communications to other Users;
4. copying or duplicating in any manner any of the content or other information available from the App;
5. Circumventing or disabling any digital rights management, usage rules, or other security features of the App.
4. The User shall indemnify and hold harmless Havells India Limited and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of the App by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
5. The User agrees not to infringe upon Havells India Limited’s intellectual property by copying or plagiarizing content on the App. Havells India Limited reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User.
6. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Havells India Limited has the right to immediately terminate the access or usage rights of the User to the App.
7. Havells India Limited may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Havells India Limited to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Havells India Limited as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Havells India Limited or any person on its behalf and the User or where the User has consented to data transfer.
8. TERMINATION
Havells India Limited reserves the right to suspend or terminate a User’s Account on the App and the Services with or without notice and to exercise any other remedy available under law, in cases where:
1. Such User breaches any of the Terms of the Agreement;
2. A third party reports violation of any of its privacy right(s) or other rights as a result of the User(s) availing the Services;
3. Havells India Limited believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Havells India Limited or can be detrimental to the interests of Havells India Limited.
9. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Havells India Limited, or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the App or the content, materials and functions related thereto, the Services, User’s provision of information via the App, even if they have been advised of the possibility of such damages.
10. APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between Havells India Limited and User will be governed by the laws of India. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Havells India Limited. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
11. Subject to the above, the courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the App or the Services or the information to which it gives access.
12. CONTACT INFORMATION RISK OFFICER
If a User has any questions concerning the App, this Agreement, the Services, or anything related to any of the foregoing, the customer support can be reached at the following email address: privacy@havells.com
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the App or the Services, including any discrepancies and grievances with respect to processing of information, you can contact our Risk Officer at:
Phone: +91-120-477-2461
Email: privacy@havells.com
13. SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
14. WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Havells India Limited. Any consent by Havells India Limited to, or a waiver by Havells India Limited of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Our action name：Havells DigiTap