AGREEMENT TO USE KENT CAMEYE'S PRODUCTS AND SERVICES
The usage of any KENT CamEye product, device, service or mobile application by you implies that you hereby agree to the following terms and conditions, including any future updates or amendments these terms and conditions will be subjected to. We understand that you specifically acknowledge the stated terms and conditions mentioned in all sections of this agreement before you use any KENT CamEye's product and service including the products offered at the website, purchase of plans and services, availing subscription services, uploading data, browsing or accessing website or any other service offered by KENT CamEye. You are requested to read and understand all the sections carefully in order to understand our policies on communication, dispute resolution, agreement violations, warranties and disclaimers. To avoid any doubts, it is stated that the terms and conditions in this agreement shall apply to KENT CamEye's products and services, offered by us directly or through our affiliates.
Terms of Service
DEFINITION: Terms of service is the legal agreement between a service provider and a
person who wants to use that service. The person must agree to abide by the terms of
service in order to use the offered service.
Client: An organisation using the services of KENT CamEye.
User: A User is someone who uses KENT CamEye's services.
Personal Information: It is the information identifiable to any person, including, but not limited to, information that relates to a person's name, business, addresses, telephone number or other identifying numbers. KENT CamEye will use user's personal information strictly in accordance with this Terms of Service.
By using, accessing, downloading or registering with our products, services, platform or mobile application for any general or specific purpose you agree to abide by the general terms and conditions set forth by this Agreement. These terms and conditions shall also include any additional or modified terms and conditions in relation to the KENT CamEye's product and services. If at any point in time you do not wish to be bound by KENT CamEye's terms and conditions then you may not use our products and services and your service will be immediately terminated. Your agreed usage of our product makes you liable to follow the terms and conditions mentioned in this Agreement. Accepting or consenting to the terms and conditions will comprise a legitimate contract (hereinafter Agreement) between you, with minimum 18 years age as an individual user of the KENT CamEye's product and services. The usage of KENT CamEye's Products and Services by you is subjected to your adherence with the terms & conditions of this Agreement. As long as you adhere to this Agreement, KENT CamEye provides you with a personal and non-transferrable privilege to use and avail our services.
Connectivity and Availability
Our Products and Services will require certain input parameters to perform hassle-free including an active internet connection and live power supply. You need to ensure that the data plan and service is compatible with the KENT CamEye product you want to use. The user shall be solely responsible if he is not able to utilize full features of his subscription plans owing to non-availability of necessary input parameters as stated and required by the product. Some products and services may be offered for a limited time or might require you to upgrade your current subscription. In addition, if the purchased product or service is located in an area where the internet and data services are partially or fully inaccessible then KENT CamEye would not be responsible for any corresponding loss of product features and services. You are also responsible for any charges you may incur on the product resulting from the transmission of data online or cost of internet services. You acknowledge that you are responsible for any such costs incurred.
Information We Collect
When user installs KENT CamEyes applications or interacts with us via emails, telephone calls or other correspondence, we may ask the user to voluntarily provide us with certain basic information that personally identifies him or could be used to personally identify him. You hereby consents to the collection of such information by KENT CamEye. Without prejudice to the generality of the above, information collected by us from you may include contact data (such as email address, phone number and name). When you create a KENT CamEye account, we collect and store your email address. From that point forward, your email address is used for communications from KENT CamEye. When you install KENT CamEye/HomeCam mobile application, you will be asked with certain basic permission to access photos, media, and files of the device.
You are solely responsible for the data and personal information shared by you at our platform while availing our products and services. You are responsible for the protection of your personal data like login id, password, and other sensitive information. If you decide to share your account details with your family or friends then you have the full responsibility of the personal details you give them access to. In case of returns or un-subscription of or from any product or service, you are responsible for erasing all your personal data in your account and the data stored on your Product to the cloud. You are solely liable for storing and managing the data and information that is stored on your Product or via your Services.
We are not responsible for the loss or management of such data.
Transfer of Ownership
On receipt of the product by you, the Product shall be deemed to have been owned and accepted by you in good condition and will be liable to the terms and conditions of this Agreement, unless otherwise notified to the KENT CamEye team for any irregularities with the product within one week of purchase and such notification is acknowledged in writing within two days by the KENT CamEye team. The user shall not be entitled to withhold any payment while any complaint is being resolved or any claim is being investigated. Any returns will be covered under our “Return Policy”. Products returned under our policy shall not be damaged and shall be as-new-as or as-shipped-by KENT CamEye. All the accessories accompanying the main product like manuals, power cables, or other items included with the Product, must be returned with it.
Installation and Use
You agree and acknowledge that our Product is a Do-It-Yourself product and you are solely liable for the decisions you take as an individual related to the installation and use of the Products and Services. This includes, but not limited to, following the installation guidelines for proper installation, selection of the installation location for the Product, availability of proper internet services for the product, availability of live power supply for the product, activation or deactivation of any additional product accessory sought with the Product, testing the product and ensuring that it is working fine and notifying KENT CamEye of any discrepancies within one week of purchase, and compliance with all laws, rules, regulation, and/or ordinances.
You acknowledge that KENT CamEye is not responsible for any discrepancies or improper functioning arising due to improper installation of the Product or incapability of the user to use the product correctly or in compliance with the laws, rules, regulations and/or ordinances. You as a user hereby, without limiting other sections in this Agreement, release KENT CamEye from any damages, loss of data and information, improper functioning or expenses incurred resulting from or as a consequence of discrepancies related to the installation or use of the Products and Services.
Acceptance of this Agreement states that you agree to the below terms and conditions:
Product Dispatch & Delivery
Upon receiving any offer from a customer, we reserve the right to accept or reject the order. Acceptance of any order will only be considered from our end once the product is dispatched. KENT CamEye shall deliver the product to the delivery designated by the customer as the “Billing Address” or “Place of Delivery” while sharing his personal information. In case the order is shipped in parts then a different delivery policy and schedule will be applicable to the part orders processed separately. The delivery of any multiple parts of a single order shall be free of any terms and conditions stated on any individual part delivery or a previously delivered or a non-delivered part. KENT CamEye shall try its best to deliver the products within the stated or proposed date of delivery but any such time commitments shall not be considered part of this Agreement. KENT CamEye shall not be responsible in any delay or failure in the delivery of the said products or services, whatsoever the reason may be. In consideration of the continuous on-going product update or any revision in specifications in order to improve the product performance and provide our users with a better experience, KENT CamEye shall modify or discontinue any existing product in its portfolio. We will try to ensure that the revised products have the specifications and features of the product ordered by the customer. However, it is possible in some cases that our policy might result in slight differences between the specification & features delivered to the customer as compared to the specifications & features ordered by the customer. Some of the products might altogether be discontinued from being manufactured and the KENT CamEye group can no longer provide the customer with the requested configuration, in such cases KENT CamEye group will not be held responsible for fulfilling any such customer order or request. In any other discrepancies arising out of reasons like pricing error, unsuccessful attempt at purchase or the product being unavailable with KENT CamEye, KENT CamEye group cannot be held liable in any form whatsoever. KENT CamEye will try to contact the customer via suitable means and update them on the suitable alternatives to the products ordered by them.
Termination in case of Violation
If in any scenario or circumstance, you breach any of the terms and conditions stated by this Agreement or any other Policy associated with the use of our Products and Services, you concur that KENT CamEye, in its sole discretion, for a specific or no reason, and without any kind of penalty, might suspend or terminate your account or part of your account with KENT CamEye permanently, or until further notice, at any time. KENT CamEye reserves the right to also not grant you access to any of our Product and Services fully or partly thereof, with or without any prior notice. You agree that in scenarios of the termination or suspension of your account or a part of it thereof, your user profile or your recipient profile based on the breach of this agreement or on account of any inappropriate and unlawful activity, KENT CamEye shall not be held liable for the termination of your subscription or services. We also hold no responsibility for retrieving your stored and encrypted data with us. We reserve the right to permanently delete your data stored on cloud if we find it obsolete. Any suspected illegal, fraudulent, abusive or offensive activity shall be accounted as inappropriate and unlawful. These terms and conditions and associated remedies are in addition to any other solutions and remedies KENT CamEye has defined in law or in equity. Upon termination of your account, you shall immediately stop using our Products and Services. KENT CamEye will not be held accountable to compensate for any loss, damage or non-availability of your data including any legal expenses incurred by you in this respect.
KENT CamEye shall provide support services for its outdated or out of warranty products. We shall try our best to provide you with the support services including any spare or additional service required for better functioning of the product. If in any scenario KENT CamEye is not able to provide you with the requested service resulting from various reasons like non-availability of the spare part or altogether discontinuity of the requested spare part, then KENT CamEye shall not be deemed responsible for any loss, damage or the interruption of service of your product. KENT CamEye, at its sole discretion, may offer to provide you with a replacement, a refurbished or an upgraded product. KENT CamEye shall not be responsible in contract or in tort for any loss, damage or expenses suffered by the customer and your rights are limited to those as stated in Terms and Conditions and under statute. In any scenarios, KENT CamEye's liability shall not exceed the amount invoiced for the product or service purchased by you and any additional cost for the spares parts or an upgraded product will be bore by you. Any sales literature, product literature, website content or any other product related information is subjected to typographical, clerical, omission or other errors to the extent provided by law. All the product literature, sales guide, pricelist, quotation, offer of acceptance or any other product related information is subjected to correction without any liability on the part of KENT CamEye. The stated terms and conditions, under any applicable law, cannot be excluded. KENT CamEye's liability to the breach of such conditions shall be limited, at KENT's option, to the replacement, service, and supply of an equivalent product or repair of the existing product, as deemed suitable by KENT CamEye.
KENT CamEye warrants to the owner of our Products, hence forth referred as Device, that the Device will be free for the defects in material and workmanship for a period of 1 (one) year from the date of purchase of Device. During this warranty period, if any defect arises in the Device, and you follow the instructions for returning the Device, KENT CamEye will at its sole discretion, either
(i) repair the device free of cost with either new or refurbished parts, or (ii) replace the Device with a new or refurbished Device that is equivalent to the Device to be replaced. This limited warranty applies to any repair, replacement part or replacement device for the remainder of the original warranty period or for 90 (Ninety) days, which ever period is longer. All replaced parts/ products or equipment shall become the property of KENT CamEye.
All KENT CamEye warranties, including any implied warranties, are valid only for the period of time the KENT CamEye product is owned by the “Original Purchaser of the Device. The “original Purchaser” for the purpose of this warranty is the first purchaser of the Device from KENT CamEye or an authorised reseller. This limited warranty is non-transferable. To the fullest extent permitted by law, warranty service may only be performed by KENT CamEye or its authorized service centres. KENT CamEye may conduct diagnostic tests on customers ‘products to identify the causes of failures/defects. Before returning any unit for service, customer should back up data and remove any confidential and/or personal information from the product. KENT CamEye is not responsible for damage or loss of any program, data, or removable storage media.
This limited warranty does not cover the following (Collectively Ineligible Products)
For further information to our warranty statement, please refer to the warranty document supplied with the product.
Ownership: Proprietary Rights
The products, services, visuals, graphics, designs, software, computer code, product literature and all other elements of our products and services, KENT CamEye's platform and mobile application are subjected to and protected by Indian copyright, patent, trade dress, trademark laws, and all other intellectual, proprietary and applicable laws. You agree not to alter, damage, remove or obscure KENT CamEye's or its business partners’ rights, patents, products, services, trademarks, proprietary rights, and notices attached to or contained within or accessed in relation to our products, services or platform. You agree not to modify, sell, distribute, publicly display, edit, adapt or create derivative works or make unlawful and unauthorized use of our products and services and related material. You hereby peremptorily assign to KENT CamEye, and shall assign to KENT CamEye all rights, titles, interests, suggestions or intellectual property rights associated herewith. You agree to perform such acts or execute documents as may be necessarily required to perfect the foregoing requests. If you have any comments regarding KENT CamEye's products, services, platform or ideas on how to improve the product performance, then please contact our customer service for appropriate solutions.
Changes in the Agreement
KENT CamEye may update this agreement at any time, with or without advance notice. In the event there are significant changes in the way KENT CamEye treats User's personally identifiable information, or in the Terms of Service itself, KENT CamEye will display a notice on the Website or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. As always, if you object to any of the changes to our terms, and you no longer wish to use the Services, you can deactivate your account. Unless stated otherwise, KENT CamEye current agreement applies to all information that KENT CamEye has about you and your account.
If a User uses the Services or accesses the Website after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.
If any clause or provision of this Agreement is held to be improper, unlawful, void or invalid or otherwise unenforceable then that particular provision shall be edited or eliminated from this Agreement to the minimum extent required, and the remaining clauses and provisions shall remain unaffected and will remain true and enforceable.
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