Terms of Use

 

BY DOWNLOADING, ACCESSING OR USING "RAKSHA" (Mobile App and Web portal) OR ANY PAGE OF THIS APP, YOU SIGNIFY YOUR ASSENT TO THIS DISCLAIMER.

 

The contents of this app, including without limitation, all data, information, text, graphics, links and other materials are provided as a convenience to our app users and are meant to be used for record purposes only. We do not take responsibility for decisions taken by the app user or based solely on the information provided in this app.

 

The app expressly disclaims all warranties of any kind, whether express or implied. the app makes no warranty that (1) the app or the content will meet or satisfy your requirements (2) the app shall have no responsibility for any damage to your phone or tablet or loss of data that results from your use of the app or its content.

 

You agree to hold harmless KEC International, and each of its officers, directors, employees and agents from and against any and all claims, actions, demands, liabilities, judgments and settlements, including without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this app, including, without limitation, any economic harm, lost profits, damages to business, data or phone systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, phone or tablet failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind.

 

KEC International and its contractors, or licensors do not warrant or guarantee the accuracy, reliability or completeness of the application content or represent that the application or the application content is error-free or capable of operating on an uninterrupted basis. the application is provided “as is" and "as available" and without warranty of any kind.to the fullest extent allowable under applicable law, all warranties, whether express or implied, are hereby disclaimed, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.

 

LIMITATION OF LIABILITY:Use of the application is at the user’s own risk. to the fullest extent allowable under applicable law, KEC International and its, contractors, and licensors shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or related to: (i) use or misuse of the application or the application content; (ii) inability to access or use the application or the application content; (iii) any loss or corruption of data or information submitted via the application; or (iv) any communications or services provided by, or requested from, KEC via the application.

 

CONTENT:All Application content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, HTML code and scripts (collectively, the "Application Content"), and the collection, arrangement and assembly of the Application Content, is the property of KEC International and its contractors, or licensors, and is protected by copyright law and other Indian and international laws and treaties.  The User is granted no right, title or interest in or to the Application Content other than the limited license expressly set forth in these Terms.The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Application Content, or any portion thereof, without the express permission of KEC International.

 

USE OF APPLICATION CONTENT:The Application, including all Application Content, is provided to the User as a tool to aid in the identification and understanding of home safety-related issues. Subject to these Terms, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Application and the Application Content for the User’s own, non-commercial purposes.No commercial use of the Application or the Application Content is permitted.  All rights not expressly granted are reserved by KEC International and its CONTRACTORS, or licensors.  This limited license may be revoked at any time for any reason or no reason.

 

TRADEMARKS:All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Application are expressly reserved by KEC International and its CONTRACTORS, or licensors.The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by Indian and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms or by virtue of User’s use of the Application.  The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of KEC or the applicable rights holder.

 

NOTIFICATIONS:The User may opt to receive calendar reminders or other notices regarding actions the User can take in regard to home safety. All such notifications are provided as a convenience to the User, and KEC International and its CONTRACTORS, or licensors shall not have any liability arising out of or related to such notices, or for any damages or loss caused or alleged to be caused by or in connection with any failure to provide such notices as or when scheduled.   

 

ACCEPTABLE USE:The User’s permitted use of the Application and Application Content is limited to the contemplated functionality of the Application.  In no event may the Application be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by KEC International to access Application Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to KEC’s systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden KEC’s servers or networks, or (viii) fails to comply with applicable third party terms.The User must comply with all applicable third party terms and conditions (e.g., wireless carrier terms of service) at all times while using the Application. KEC reserves the right, in its sole discretion, to terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or KEC reasonably believes the User has engaged in or is engaging in, use that violates these Terms.  KEC’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

 

CHANGES TO APPLICATION:At any time and without notice to the User, KEC may change or modify the Application, or any features or functions thereof, or may suspend or discontinue the Application, or stop supporting the Application, or any aspect thereof.   Any such termination, change, suspension or discontinuance shall be without liability to the User.

 

CHANGES TO TERMS UPDATES:KEC reserves the right to change these Terms at any time, and in its sole discretion, by changing these Terms within the Application.  The User’s continued use of the Application after any such changes to these Terms are made available through the Application will constitute the User’s acceptance of those changes.  These Terms shall govern any updates to, or supplements or replacements for, the Application unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.

 

GOVERNING LAW:These Terms are governed by the applicable laws of India, without giving effect to conflict of laws principles.The User irrevocably consents to the exclusive jurisdiction of the courts situated in Mumbai, India for purposes of any legal action arising out of or related to these Terms or use of the Application.