Version: 1.0.1
Last updated: 09/10/2021
These Terms and Conditions constitute an electronic record in terms of the Information Technology Act, 2000 and rules there under. This electronic record is generated by a computer system and does not require any physical or digital signatures and forms a binding agreement between AUTOMATION OF THINGS PRIVATE LIMITED (referred to herein above and below as 'AoTPL' which expression shall, unless repugnant to the context, mean and include its successors and assigns), an Indian Company incorporated under the Companies Act 1956, having its corporate office at No. 437, 7th B Main, 1st Block, HRBR Layout, Kalyan Nagar, Bengaluru - 560043 and the users of the mobile/web application provided by AoTPL. The Laws of India shall govern these Terms & Conditions and the Courts in Bengaluru shall have exclusive jurisdiction over any disputes arising under these Terms & Conditions. All disputes under these Terms & Conditions shall be resolved by way of binding Arbitration in terms of the Arbitration and Conciliation Act, 1996. The venue for any arbitration arising under these Terms & Conditions shall be Bengaluru and the language of the proceedings shall be English. These Terms & Conditions may be amended by AoTPL at their sole discretion at any time and all such amendments shall be binding immediately upon being communicated to the users. If any provision of these Terms & Conditions is held invalid or unenforceable by any court or other tribunal having jurisdiction, such invalidity or unenforceability shall not affect the remainder of these Terms & Conditions which will remain in full force and effect. The parties to these Terms & Conditions are independent contractors. Each party will bear its own costs and expenses in performing these Terms & Conditions. The failure of either party to enforce any provision of these Terms & Conditions will not constitute a waiver of the party's rights to subsequently enforce the provision. The Users may not assign any of their rights or obligations under these Terms & Conditions, whether by operation of law or otherwise, without the prior written consent of AoTPL. AoTPL may assign any of its rights and obligations under these Terms & Conditions without consent. Subject to the foregoing limitation, these Terms & Conditions will be binding upon, inure to the benefit of and be enforceable by the successors and assigns of AoTPL. These Terms & Conditions constitute the entire agreement between the parties with respect to its subject matter, supersedes any and all prior agreements between the parties with respect to its subject matter, and does not confer upon any other person other than the parties any rights or remedies. To be effective, any notice given by a party under these Terms & Conditions, save for any amendment of these terms and conditions carried out by AoTPL in its sole discretion, must be in writing and delivered via acknowledged post to the other party. Notices will be effective and deemed received on the date of receipt. Any amendment and any notices regarding such amendment of these Terms & Conditions carried out by AoTPL in its sole discretion shall be deemed delivered, effective and binding when sent by e-mail and/or published on the website www.aotpl.com.
AoTPL is the owner of all intellectual property rights in and to the Automation System and all the associated domain name, website, software and solutions which enable the access and use of the said Automation System. The purchase or downloading of the Automation System or registration of user accounts shall not grant the User any right or entitlement over the intellectual property rights contained in the Automation system which shall always vest with AoTPL alone. The User is hereby granted a limited license to use the Automation System for the purposes for which it is designed and provided.
AoTPL has highest regard for the privacy of its User(s). As part of the User(s) usage of the Automation System, AoTPL may receive and collect personal information and sensitive personal data including name, date of birth, addresses, telephone numbers, e-mail addresses, PAN number, AADHAR Number, Passport Number, login name and password for the internet and mobile applications and user accounts, financial information such as bank details, credit/debit card or other payment instrument details, biometric information, device location data and other details relating to the aforesaid. User(s) hereby consent to the collection, storage, use and disclosure of the aforesaid personal information and sensitive personal data. AoTPL shall (i) not use or disclose any personal information and sensitive personal data except for the limited purpose of designing, improving, monitoring, and delivering their products and services in the Automation System; (ii) handle all personal information and sensitive personal data securely including transmitting it using modern cryptography; (iii) Use a runtime permissions request whenever available prior to accessing data gated by Android/iOS permissions; (iv) Not sell personal information and sensitive personal data; and (v) Use device location services for the limited purpose of providing geo-fence based operations and not store any location data of the users. AoTPL shall have complete ownership of and unfettered discretion to use any and all analytical and statistical data.
Every user must complete the registration process in order to access and use the Automation System. AoTPL shall have the unfettered right and discretion to use any such technical or other measures to ensure compliance with the foregoing condition. The Automation System is provided by AoTPL only for lawful purposes and the same should not be used for any illegal or unlawful purposes. AoTPL reserve the right to terminate any user account and disconnect any user device in the event of the User committing a breach of the foregoing condition.
Neither party shall be liable for any special, incidental, consequential, indirect, exemplary or reliance damages arising from or in relation to the Automation System provided hereunder. Under no circumstances shall AoTPL's liability under these terms and conditions exceed the total consideration received from the User for the Automation System.
User's Representations & Warranties: All information provided during the registration of the User Account shall be accurate and up to date. AoTPL shall be immediately intimated of any changes in the registration information by way of updating of the respective user account. User acknowledges that they shall be wholly responsible for and liable in respect of all activities carried out through their User Account. The User(s) shall be wholly responsible for maintaining the security of their accounts and confidentiality of their login and password. The User(s) represent and warrant that they have the complete right and authority to purchase and use the Automation System on their own behalf and also on behalf of other who may use the same and that they are supported by appropriate consent(s) from the parents/guardians of any minors and they consciously agree to be bound by and liable for the acts and omissions of any/all persons using their account. To the fullest extent permitted by law, the User does hereby indemnify, defend and hold AoTPL, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys' fees) that arises from any breach of the User's representations, warranties or obligations under these terms and conditions. AoTPL shall have the sole discretion to terminate the services and disconnect any devices in the event of any breach of the foregoing representations and/or warranties.
AoTPL Representations & Warranties: AoTPL represents and warrants that it has the complete right and authority to provide access to and use of the Automation System. To the fullest extent permitted by law, AoTPL does hereby indemnify, defend and hold User(s) harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys' fees) that arises from AoTPL's breach of any third party intellectual property rights.
AoTPL shall retain and reserve the absolute discretion to add, alter and/or delete the design, technology, look, feel and functionality of the Automation System.
These Terms & conditions shall be binding until terminated by the User or AoTPL. The User shall have the discretion to terminate their use of the Automation System at any time at their sole discretion and in the event of such termination, the User shall not have any right to receive any refund or return of any moneys or other consideration paid for the same. AoTPL may not terminate any User Account except in the event of any breach of the User(s) representations or warranties or these terms and conditions by the User. The parties shall have the right and responsibility towards any accrued claims and liabilities as on the date of termination and the same shall not be affected by the termination of the subscription.
The User(s) shall be deemed to have read, understood and agreed to these terms and conditions by virtue of completing their registration and creating their account and AoTPL shall be deemed to have read, understood and agreed to these terms and conditions by virtue of allowing the Users to operate their account.