PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE PANASONIC “MirAIe” APPLICATION. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (OR YOUR COMPANY/ORGANIZATION) AND PANASONIC INDIA PRIVATE LIMITED. BY DOWNLOADING THIS APPLICATION, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
END USER LICENSE AGREEMENT
‘MirAIe’ Application ("Licensed Application/ Application") is a scalable cloud based IOT solution with popular smart home and appliance management features, introduced by Panasonic. When you download mobile Application from Google Play (run by Google Inc.) or Apple App Store (run by Apple Inc.) or access through Web URL, you agree that this application is licensed, not sold, to you from Panasonic India Private Limited (“Licensor/ We/ PANASONIC”), provided that you agree to and wish to be bound by the terms of this End User License Agreement (“Agreement”). Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this Agreement.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to, the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
A condition of your use of and access to the Application and to the Services (defined later) is your acceptance of this Agreement. If you do not agree with any provisions of the same is required to leave the Application immediately and immediately discontinue use of all other Services.
1. Scope of License:
1.1.This license granted to you for the Licensed Application by Licensor is limited to a non-exclusive, non-sublicensable, non-transferable, revocable license to use the Licensed Application downloaded on your mobile device running on Android OS or iOS (collectively, “Device(s)”) . This license does not allow you to use the Licensed Application on any other Device that you do not own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Application and, if you sell your Device to a third party, you must reset device to factory default or remove the Licensed Application from your Device before doing so. You may not copy (except as expressly permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, any part, or any derivative works thereof (except as any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages
1.2.Upon the receipt of License Fee defined in the License Conditions (defined in 1.3) by the Licensor, during the term of this Agreement, the Licensor will grant you a non-exclusive, non-sub-licensable, non-transferrable, royalty-bearing, revocable and limited license to use the Licensed Application under the limitation provided in the applicable License Conditions, and will activate the license for your account as per such License Conditions (“License”). Upon the expiration of the license period of each License, such License shall be automatically renewed at same License Conditions, unless either Party provides the other Party with a notification of the cancelation for the automatic renewal of License or the request of modification for License Conditions at least thirty (30) days prior to such expiration.
1.3.Each License shall be subject to the limitations and conditions (including, but not limited to license period, territory, number of users, price of fee for this License, due date of payment etc.) which is separately agreed by the Parties (“License Conditions”). For the purpose of management of transaction for each License, the Licensor may, at its sole discretion, assign the third party as a distributor for such License from time to time (“Distributor”). Each License Conditions will be offered by the Licensor to the User through the Distributor or on the Platform. In the event that the User wishes to purchase the License as per such License Conditions, the User shall issue the purchase order and furnish it to the Distributor or on the Platform. The Licensor will receive such purchase order from Distributor or through the Platform, and will provide the User with the notification whether such purchase order is acceptable or not. Upon the notification of acceptance for such purchase order by the Licensor, such License Conditions shall be regarded as agreed by the Parties.
1.4.The License Fee shall be due on the due date defined in the License Conditions, and the User shall pay the License Fee to the Licensor in accordance with the payment method defined in such License Conditions. The User acknowledges and agrees that any License will not be granted, activated or renewed unless the License Fee is received by the Licensor as per the applicable License Conditions.
1.5.The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern
1.6.You need to Sign in for this application before you start using benefits of this Application. You are advised not to use this Service (defined in 10.4) in a way other than intended personal use on your personal device, as communicated by Licensor. In the event of misuse, misconduct or non-compliance, Licensor have right to suspend or stop Services to you.
2. Consent to Use of Data:
You agree that Licensor may collect and use device usage data, technical data and related information, including but not limited to location data, technical information about your equipment, device, system and Licensed Application software, and peripherals (including but not limited to usage history such as recording, playback or sending) that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, to improve its products or to provide services or technologies to you, subject to applicable laws.
3. Creating an account
3.1 In order to use certain features of our Services, you must have an account with us. By creating an account, you represent that:
· you accept the Terms of this agreement,
· all required information you provide is truthful and accurate
· You are 18 years of age or older
· You have the right, authority and capacity to enter into a legally binding agreement; and
3.2 You are responsible for maintaining confidentiality of the login credential or password to your account and for any and all use of your account. You are responsible for the content, such as any text, images and other material and information, that you upload or post through MirAIe Application or Website (your “Content”), and its legality, reliability, and appropriateness. You should only upload or post content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services.
3.3. You take full responsibility for ensuring that the information submitted is accurate and the Licensor shall not make any effort to validate any information provided by you for using the Services with respect to content, correctness or usability. Licensor, with an intention to provide the best services possible could ask you to share more information as and when needed.
3.4 You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms. We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services/ Application (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
4. General Prohibitions
4.1 You agree not to do any of the following:
- Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
- Intercept or "sniff" the communication packets between the MirAIe Application, MirAIe connectivity modules in appliances and mobile devices or attempt to reverse engineer the ‘MirAIe’ Cloud;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ‘MirAIe’ or other generally available third party web browsers;
- Submit or transmit any Content and/ or information that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Violate any applicable law or regulation, including by stalking, harassing, or tracking others for unlawful or criminal purposes.
- Encourage or enable any other individual to do any of the foregoing.
-Transfer your rights to use the Application and/ or Services;
4.2 As mandated by Regulation 3(2) of the IG Rules, the Licensor hereby informs that you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that —
i. belongs to another person and to which you do not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate 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;
ix. threatens the unity, integrity, defence, 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.
4.3. You are also prohibited from:
i. violating or attempting to violate the integrity or security of the Application or any Information/ Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of Services by Licensor;
iii. intentionally submitting on the Application any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other users of Application or Services;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
vii. copying or duplicating in any manner and/ or framing or hotlinking or deeplinking any of the Application content or other information;
4.3. The Licensor, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information, shall be entitled to disable such information that is in contravention of section 4. Licensor shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
The Licensor, may, in its sole discretion, but subject to your confirmation, at anytime, levy any charges/ cost for the use of existing and/ or additional Services through the Application.
In case this application allows you to purchase existing or new Services of Application a secure 3rd party payment gateway shall ask for relevant information such as preferred payment method (e.g., credit card, online payment service, or any other payment method made available by respective 3rd party payment gateway) (the “Payment Method”). If you provide your payment information, you authorize such 3rd party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You represent and warrant that you have the legal right to use your selected Payment Method and any payment information provided by you. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via firstname.lastname@example.org
7. Alerts and Notifications
MirAIe application, upon your enabling of such alerts or notifications, may receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the Application ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.
8.1 8. Term, Termination and Disputes: This Agreement will remain in full force and effect while you are a user of the Application in any form or capacity.
8.2 However, Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
8.3 You can terminate your membership/ use of the Application at any time by deleting your account on the Application. However, such termination shall be effective We need this period to inactivate user’s account, only after verifying if there are any ongoing or pending Services or payments. The Licensor may want you to continue until the completion of an on-going Service should the situation warrant. You shall be obligated to pay the Licensor for any Services which the User has procured.
8.4 Licensor reserves the right to terminate your account, at any time, due to any reason whatsoever, including but not limited to:
ii. Licensor is unable to verify or authenticate any information provide to the Licensor by you; or
iii. The Licensor believes in its sole discretion that your actions may cause legal liability for you, other users or for the Licensor or are contrary to the interests of the Licensor/ Application.
8.5 Once temporarily suspended, indefinitely suspended or terminated, the you may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, you shall no longer have access to data, messages, files and other material kept on the Application by you. You shall ensure that you have backup of the Services the User has rendered in order to comply with your record keeping process and practices.
8.6 Return of User’s Data: Upon request by you made within 30 (thirty) days after the effective date of termination of a Services subscription, the Licensor will make available to you for download a copy of such data of yours in comma separated value (.csv) format. After such 30 (thirty) days period, Licensor shall have no obligation to maintain or provide any of your data and shall thereafter, unless legally prohibited, delete all your data in its systems or otherwise in its possession or under its control. Provided, that the Licensor will not own any responsibility in case the data is lost due to any inadvertent technical failure.
8.7 Licensor reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your content from the Application and immediate termination of the your account with or without ability to access the Application and the other Services, upon any breach by you of this Agreement or if the Licensor is unable to verify or authenticate any information submitted by you to the Licensor, or if you fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for the Licensor to provide the Services to you.
8.8 This Agreement and any contractual obligation between the Licensor and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Delhi.
8.9 All disputes will be subject to arbitration in Delhi in English by a single arbitrator appointed by the Licensor under the Arbitration and Conciliation Act, 1996.
8.10 Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
9 Severability & Waiver Contact Information
9.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
10. Services, Information, Third-Party Materials and Third Party Software
10.1 The Licensed Application may enable access to Licensor's and/or third-party services and websites (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms. You agree that you may not use the Services without acceptance of such additional terms.
10.2 You acknowledge that any content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Application (including Information provided in direct response to your questions or postings), should be used for information purposes only. Further, the Information available on the Application may not be correct as such Information is updated / amended at regular intervals. Licensor does not guarantee the accuracy or completeness of any content or Information provided on the Application to the fullest extent permitted by law, the Licensor disclaims all liability arising out of your use or reliance upon the Application, the Services, representations and warranties made by other users, and third party, the content or information provided on the Application in relation to any user or services provided by such user. Reliance on any information provided on the Application is solely at your own risk.
10.3 You shall take full responsibility for ensuring that the information submitted is accurate and the Licensor shall not make any effort to validate any information provided by you for using the Services with respect to content, correctness or usability. The Licensor, with an intention to provide the best services possible could ask you to share more information as and when needed.
10.4 The Licensor makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Licensor’s employees. The Licensor is not responsible for transmission errors, corruption of data.
10.5 Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor, and its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. The Licensor does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by any Services.
10.6 You agree that the Services contain proprietary content, information and material that is owned by Licensor and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this license or that infringes any intellectual property rights of a third party, the Licensor. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Licensor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
10.7 In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location except than those declared by Licensor through marketing collaterals in respective markets. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, terminate, or disable access to any Services at any time without notice. In no event will Licensor be liable for the removal of, termination of or disabling of access to any such Services. Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
10.8 This Application may be provided with the third party software including Open Source Software (“OSS”). The third party software is governed by a separate license agreement. The terms and conditions, and other related information for such third party software can be obtained at “MirAIe App -> Settings -> 3rd Party Licenses” section.
For the purpose of this Agreement, OSS means any software licensed under
a) any version of the GNU General Public License or GNU Lesser General Public License issued by the Free Software Foundation, Inc.;
b) a license identifying itself as a “free software” or an “open source software” license;
c) a license listed at www.opensource.org/licenses/, or a derivative license thereof; or
d) any other license or agreements with terms and conditions similar to the foregoing which require either party to (a) disclose, distribute or make available to any third party all or part of the source code or object code of the deliverables and/or derivative works thereof, (b) license all or part of the deliverables and/or derivative works thereof to any third party for any purpose, (c) license any intellectual property rights owned or controlled by either party to any third party for any purpose, or (d) limit either party’s ability to freely enforce any intellectual property right owned or controlled by said party against any third party.
11. NO WARRANTY:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Application without notice for any reason without liability to you, except where prohibited by applicable law.
In addition, you acknowledge that the Application is provided over the Internet and mobile networks and so the quality and availability of the Application may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the Application. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Application, and for paying any data charges that may be charged to you by your network provider in connection with your use of the Application. In the event you choose to share information from the Application by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.
In order to use the App, you must have a compatible device which meets the following minimum specifications: for Apple devices, requires iOS 12.0 or later, and is compatible with iPhone, iPad, and iPod Touch; for Android, 6.0 and up. Any compatible device to which you download the App will be known as a "Device" for the purposes of these Terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the App on such Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
13. Liability and Limitation of Liability
13.2You shall not hold the Licensor responsible or liable in any way for any disclosures under Regulation 6 of the SPI Rules.
13.3Additionally, Licensor shall not be responsible for any damages caused to personnel, property or appliances if (a) you are unable to view the status of the appliance or (b) unable to control the appliance due to loss of internet connectivity, or (c) due to any fault in router devices or WIFI signal strength issues; or (d) Device is stolen and/ or otherwise allowed unauthorized person to access the Device/ Application and/ or home appliances without your consent.
13.4The Application may be linked to the website of third parties, affiliates and business partners. The Licensor has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Application. Inclusion of any link on the Application does not imply that the Licensor endorses the linked site. You may use the links and these services at your own risk.
13.5The Licensor assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your Devices, equipment on account of your access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If you are dissatisfied with the Application, your sole remedy is to discontinue using the Application.
13.6In no event, including but not limited to negligence, shall the Licensor, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) 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 Application or the content, materials and functions related thereto, your provision of information via the Application, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for provision of or failure to provide all or any service through the Application. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any you or other person on or through the Application. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms or a User’s use of the Application exceed, in the aggregate Rs. 1,000/- (Rupees One Thousand only).
14. Export Control
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law and Indian law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
As the Services continue to evolve, Licensor at its sole discretion, may modify the terms and conditions of this Agreement from time to time with or without prior notice to you by providing you with such modified terms and conditions of this Agreement. By using this application after such providing, you agree to such modified terms and conditions of this Agreement. If you don’t agree to be bound by the modified Terms then you may no longer use the Services/ Application.
The security procedures adopted by us to protect your personal information and our privacy policies concerning the manner in which we deal with your personal information shall constitute “reasonable security practices and procedures” under section 43A of the Information Technology Act, 2000 and the rules passed by the central government in this regard shall not be applicable”
a. You agrees to indemnify and hold harmless the Licensor, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Application, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. The Licensor will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. Contact Information
17.1 If you have any question, issue, complaint regarding any of our Services, please contact our customer service at 1800 103 1333
17.2 If you have any questions concerning the Application, this Agreement, or anything related to any of the foregoing, Licensor can be reached at the following email address - [insert email address].
© Panasonic India Private Limited, 2020
12th Floor, Ambience Tower, Ambience Island, NH-8, Gurgaon-122002, Haryana, India