GENERAL
In terms of Information Technology statutes, this document is
an electronic record. Being generated by a computer system it does not
require any physical or digital signatures.
This document is published in accordance with the provisions
of Information Technology regulations that require publishing the rules
and regulations, privacy policy and Terms of Use for access or usage
of: The IOS/ Android application "Ai EDGE" and "Touch Edge" (hereinafter
referred to as “Application”, “App” or “Varni Digital Pvt Ltd App”) and
the website www.VarniDigital.in (“Website”), owned by Varni Digital Pvt Ltd., a
private limited company incorporated under the Companies Act 2013, having
its registered office at 902/3A,3 Floor Nakshatra Arcade Opp Vasu Healthcare,
Near Purohit Chowkdi. Makarpura GIDC Vadodara-390010, Gujarat represented by
its members, where such expression shall, unless repugnant to the context
thereof, be deemed to include its respective legal heirs, representatives,
administrators, permitted successors and assigns;
For the purpose of these Terms of Use, along with any amendments
to the same, and wherever the context so requires “You” or “User” shall mean
any natural or legal person who has agreed to become a user of the Application
by installing the Application. The Application also provides certain services
without registration/ acceptance, and such provision of services does not
absolve You of this contractual relationship. The term “We”, “Us”, “Our” shall
mean Varni Digital Pvt Ltd or Company. “Product” shall mean the devices
which are sold by the Company.
“Instrument” shall mean the instrument developed by Varni Digital
Pvt Ltd which shall actuate Electrical Appliances in the Home of the User and
shall be controlled by the Application. “Electrical Appliances” shall mean all
the electronics in the House which the Instrument shall connect to Varni Digital
Pvt Ltd. “Agreement” shall mean and refer to this Terms of Service, including
any amendments that may be incorporated into it. “Third Party” shall mean and
refer to any individual(s), company or entity apart from the User and
Varni Digital Pvt. Ltd. The headings of each section in this Agreement are only
for the purpose of organising the various provisions under this Agreement
in an orderly manner. These headings shall not be used by either party to
interpret the provisions contained under them in any manner. Further, the
headings have no legal or contractual value.
By using the Website/Application, You accept and agree to be
bound by this A g r e e m e n t , t h e P r i v a c y P o l i c y, a s w e
l l a s r u l e s , g u i d e l i n e s , policies, terms, and conditions
applicable to any service that is provided by this Application, that shall
be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use.
Your use of Our Application is evidence that You have read and
agreed to be contractually bound by these Terms of Service and our Privacy
Policy. Please read both carefully. The use of this Application by You is governed
by this policy and any policy so mentioned by terms of reference.
If you do not agree with any of these terms, please discontinue
using the Application. We hold the sole right to modify the Terms of
Service without prior permission from you or providing notice to You. The
relationship creates on You a duty to periodically check the Terms of
Service and stay updated on its requirements. If You continue to use the
Application or avail any of its services without registration following
such change, this is deemed as consent by You to the so amended policies.
Your continued use of the Application is conditioned upon your compliance
with the Terms of Service, including but not limited to compliance with
the Terms of Service even after alterations, if any.
SERVICES
The Application acts as an interface between you and your home,
giving you full control of every Electronic Appliance in your house from anywhere.
It gives you detailed information about Your energy usage, and how you can
save on it. It also informs You in cases of emergency or when some
automated event is about to take place.
The User can access and use the Services offered by the Website/Application
by
1. using the Web Apps in connection with, and solely for the
purpose of, controlling and monitoring the Products installed in Your home
or otherwise accessing a service explicitly provided by Varni Digital for
your use (the “Permitted Purpose”), and
2. installing and using the Mobile Apps solely on Your own handheld
mobile Device (e.g., iPhone, iPad, or Android smartphone) and solely for the
Permitted Purpose, and
3. if separately authorized, access the Services through an authorized
Varni Digital Pvt Ltd account and the interface provided by the Company. The
app interacts via internet / or local Wi-Fi connection of your house with
your Varni Digital Pvt Ltd unit giving it proper instructions, and
relaying useful data collected from the Varni Digital Pvt Ltd units back to the
user.
REGISTRATION
Registration for this Website/ Application is available only
to those above the age of 18, barring those “Incompetent to Contract”
which inter alia include insolvents. If You are a minor and wish to use
the Application, You may do so through Your legal guardian and Varni
Digital Pvt Ltd. reserves the right to terminate Your account on knowledge
of You being a minor and having registered on the Application or availing
any of its services.
Further, at any time during Your use of this Application, including
but not limited to the time of registration, You are solely responsible
for protecting the confidentiality of Your username and password, and any
activity under the account shall be deemed to have been done by You. In
the case that You provide Us with false and/or inaccurate details or Varni
Digital has reason to believe You have done so, We hold the right to
permanently suspend Your account.
INFORMATION COLLECTED
Varni Digital shall from time to time collect certain
information from Users of the Products and Services, including any Content
or User Submissions. Such information shall include email-id and name of
the User, type, brand, model and number of Electronic appliances in the
house, electricity provider (utility), Bill cycle (start date of bill
calculation and number of months), type of rooms in which the Product is
installed, brand of the Electrical appliances, models and IR commands
of remotes.
The Application shall also collect and store the Preferences
of the User including but not limited to favourite temperature and other
device preferences, information of activity during different times such as
sleeping, Instantaneous Power, Average power Voltage, current and Power
factor and whether or not the Electrical appliances are on or off.
COMMUNICATIONS:
By using this Application, it is deemed that You have consented
to receiving telephonic calls, SMSs and/or emails from Us at any time We deem
fit. Such communications shall be sent to You on the telephone number and/or
email id provided by You for the use of this Application which are subject
to our Privacy Policy. These communications include, but are not limited
to contacting you through information received from Third Parties. Such
communications by Us is for purposes that inter alia include clarification
calls, marketing calls and promotional calls. In case You wish to stop
receiving notifications from Us with regard to marketing and promotional
calls/ with regard to any communication received from Us, You may email Us
at varnidigital@gmail.com
You may also be contacted by Service Providers with whom We have
entered into a contract in furtherance of our rights, duties and obligations
under this document and other policies followed by Us and with whom you have
become friends with from the Website/Application. Such contact shall be
made only in pursuance of such objectives, and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may
have access to the information disclosed by You or to whom We may have disclosed
Your information for purposes such as, but not limited to, statistical compilations. The
sharing of the information provided by You shall be governed by the
Privacy Policy.
CHARGES
The downloading and installing of this Application is free of
cost when You have Purchased the Instrument. However, We reserve the right
to amend this no-fee policy and charge Users for downloading and
installing the Application. In the event of such change in policy, Users
shall be intimated of the same via email/ telephone and such change shall
be effective as soon as Users have been intimated. Subsequent to such
change, it is the choice of the User whether or not to continue with the
services offered by Us.
TAXES
The User takes full responsibility for payment of all taxes and
fees that are levied or arise in the course of use of the Application,
including but not limited to downloading and installation of the
Application by the User.
USER’S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure
to satisfy any of these obligations gives Us the right to permanently
suspend Your account and/or claim damages for any losses that accrue to Us
or additional costs that may be imposed on us.
• You hereby certify that you are at least 18 years of age.
• You agree to ensure the email address provided in your account
registration is valid at all times and shall keep your contact information
accurate and up-to-date.
• You agree to comply with all local laws and regulations
governing the downloading, installation and/or use of the Application, including,
without limitation to, any usage rules set forth in this Agreement.
• You acknowledge and agree that the Products and Services, whether
standing alone or when interfaced with third-party products or services
are not certified for emergency response. makes no warranty or
representation that use of the Products or Services with any third-party
product or service will affect or increase any level of safety.
You undertake not to:
• Cut, copy, distribute, modify, recreate, reverse engineer,
distribute, disseminate, post, publish or create derivative works from,
transfer, or sell any information or software obtained from the
Application. For the removal of doubt, it is clarified that unlimited or
wholesale reproduction, copying of the content for commercial
or non-commercial purposes and unwarranted modification of data and
information within the content of the Application is not permitted. Should
You want to engage in one or more such actions, prior permission from Us
must be obtained;
• access (or attempt to access) the Application and/or the materials
or Services by any means other than through the interface that is provided
by the Application.
The use of deep-link, robot, spider or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual
process, to access, acquire, copy or monitor any portion of the Application or
Content, or in any way reproduce or circumvent the navigational structure
or presentation of the Application, materials or any Content, to obtain or
attempt to obtain any materials, documents or information through any means not
specifically made available through the Application is prohibited. You acknowledge
and agree that by accessing or using the Application or Services, You may be
exposed to content from other Users or Third Parties that You may consider
offensive, indecent or otherwise objectionable. We disclaim all liabilities
arising in relation to such offensive content on the Application. Further,
You may report such offensive content;
• use the Application in any manner that may impair, overburden,
damage, disable or otherwise compromise (i) Company’s services; (ii) any other
party’s use and enjoyment of company’s services; or (iii) the services and
products of any Third Party (including, without limitation to, the Authorized
Device); • use the Services or Materials for any unlawful purposes or to
conduct any unlawful activity, including, but not limited to, fraud, embezzlement,
money laundering or identity theft;
• abuse, harass, threaten, defame, disillusion, erode, abrogate,
demean or otherwise violate the legal rights of others; • engage in any
activity that interferes with or disrupts access to the Application or the
Services (or the servers and networks which are connected to
the Application);
• upload or distribute files that contain viruses, corrupted
files, or any other similar software or programs that may damage the
operation of the Application or another’s mobile phone;
• probe, scan or test the vulnerability of the Application
or any network connected to the Application, nor breach the security or authentication
measures on the Application or any network connected to the Application.
You may not reverse look-up, trace or seek to trace any information on any
other user, of or visitor to, the Application, or exploit the Application
or Service or information made available or offered by or through the
Application, in any way whether or not the purpose is to reveal any
information, including but not limited to personal
identification information, other than Your own information, as provided for
by the Application;
• disrupt or interfere with the security of, or otherwise
cause harm to, the Application, systems resources, servers or networks connected
to or accessible through the Application or any affiliated or linked applications;
• use the Application or any material or Content for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of this Application or other Third Parties; • violate any
applicable laws or regulations for the time being in force within
or outside your home country;
• violate any code of conduct or other guidelines, which may
be applicable for or to any particular Service;
• threaten the unity, integrity, defence, security or sovereignty
of your home country, friendly relations with foreign states, or public order
or causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting any other nation;
• disseminate information through the Application that is false,
inaccurate or misleading, or violate any applicable laws or regulations for
the time being in force in or outside your home country.
UPDATES
From time to time, the Application may automatically check the
version of the Application installed on the Authorised Device and, if applicable,
provide updates for the Application (hereinafter referred to as
“Updates”). Updates may contain, without limitation to, bug fixes,
patches, enhanced functionality, plug-ins and new versions of the Application.
By installing the Application, You authorise the automatic download and
installation of Updates and agree to download and install Updates manually
if necessary. Your use of the Application and Updates shall be governed
by this Agreement (as amended by any terms and conditions that may be
provided with Updates).
ACTIONS UNDERTAKEN BY THE APPLICATION ON YOUR DEVICE:
Upon download and installation of the Application, You grant
the following permissions to the Company to perform the following actions on
the device You have installed the Application in.
• To read from, write on, modify and delete data pertaining to
the Application on the device’s hard disk and/or external storage; • To
access information about networks, access networks including Wi-Fi
networks, receive and send data through the network;
• To determine Your approximate location from sources like, but
not limited to mobile towers and connected Wi-Fi networks;
• To determine Your exact location from sources such as, but
not limited to GPS;
• To access the model number, IMEI number and details about the
operating system of the device the Application has been installed on, as
well as the phone number of the device;
• To retrieve information about other application running on
the device the Application has been installed on and open them;
• To detect when the phone had been switched off and switched
on for the purpose of sending notification/ push notifications;
• To access and change the display and sound settings of the
device the Application has been installed in.
COPYRIGHT
All information, content, services and software displayed on,
transmitted through, or used in connection with the Application, including
for example news articles, reviews, directories, guides, text, photographs,
images, illustrations, audio clips, video, html, source and object code,
trademarks, logos, and the like (collectively and hereinafter referred to
as the “Content”), as well as its selection and arrangement, is owned
by Us. You may use the Content only through the Application, and solely
for your personal, non-commercial use. You may not, republish any portion
of the Content on any Internet, Intranet or extranet site or incorporate
the Content in any database, compilation, archive or cache. You may not
distribute any Content to others, whether or not for payment or other
consideration, and you may not modify, copy, frame, cache, reproduce,
sell, publish, transmit, display or otherwise use any portion of
the Content. You may not scrape or otherwise copy our Content without
permission. You agree not to decompile, reverse engineer or disassemble
any software or other Products or processes accessible through the
Application, not to insert any code or Product or manipulate the content
of the Application in any way that affects the user’s experience, and not
to use any data mining, data gathering or extraction method.
GEOGRAPHICAL EXTENT
The Application can be used worldwide. We make no representation
that materials or Content available through our Application is appropriate
or available for use in all countries. If You access or use the
Application from any country, You are solely responsible for compliance
with necessary laws and regulations for use of the Application.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If You believe
Your work has been copied in a way that constitutes copyright infringement
or are aware of any infringing material on the Application, please contact Us
at varnidigital@gmail.com in Information and Content provided by the User
by providing information to, communicating with, and/or placing material
on, the Application, including for example but not limited to,
communication during any registration and communication on the bulletin
board, message or chat area, You
Represent and warrant:
1. You own or otherwise have all necessary rights to the content
you provide and the rights to use it as provided in this Terms of Service;
2. all information You provide is true, accurate, current and
complete, and does not violate these Terms of Service; and, 3. the
information and Content shall not cause injury to any person or entity. Using
a name other than your own legal name is prohibited (except in those
specific areas of the Application that specifically ask for unique, fictitious
names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, copy, modify,
display, archive, store, distribute, reproduce and create derivative works
from such information, in any form, media, software or technology of any
kind now existing or developed in the future. Without limiting the
generality of the previous sentence, you authorise us to share the
information across all our affiliated Applications, to include the
information in a searchable format accessible by users of the Application
and other affiliated Applications, and to use your name and any other
information in connection with its use of the material you provide. You
also grant the right to use any material, information, ideas, concepts, know-how
or techniques contained in any communication you send to us for any
purpose whatsoever, including but not limited to developing, manufacturing
and marketing products using such information. All rights in this
paragraph are granted without the need for additional compensation of any
sort to you.
AMENDMENT
We may modify, replace, refuse access to, suspend or discontinue
the Services, partially or entirely, or add, change and modify prices for all
or part of the Services for You or for all Users at any time and in Our
sole discretion. These changes shall become effective upon providing a
notice of the same to You via email/ the home screen of the Application/
Website. We further reserve the right to withhold, remove and or discard
any content available as part of Your account, with or without notice, if
deemed by Us to be contrary to this Agreement. Varni Digital has no
obligation to provide You with a copy of the information You or any other
User provides on the Application or that the Application has accessed.
Further, We reserve the right, in Our sole discretion, to modify
or replace any part of this Agreement at any time, effective upon the date
of giving Users notice of the same. Notice shall be provided of such
change via email to the Users and/ or by posting a notice on the home
screen of the Application.
You and We both understand that there may be instances of difficulty
in accessing or receiving email communication. We are not responsible if
any email notice gets caught by Your SPAM folder, or if You do not see the
email, or if You have given us an incorrect email id or if for any other
reason You do not receive the email notice. Therefore, we encourage you to
frequently open the Application to monitor any changes. Your continued use
of or access to the Services following the posting of any changes to this
Agreement constitutes acceptance of those changes. We may also, in the
future, offer new services and/ or features through the Application. Such new
features and/or services shall be subject to the terms and conditions of
this Agreement.
INDEMNITY
You agree to indemnify, hold harmless, and defend Us from and
against any and all liability, loss, claim, damages, expense, or costs (including
but not limited to attorneys’ fees), incurred by or made Us in connection
with any claim arising from or related to:
Your use or any Third Party’s use via Your account of the Service
provided by the Application and its Content; Your disclosure of
information to any Third Party, either through the Application or
otherwise. (Please refer to our Privacy Policy for more details in this
regard);
Any breach or violation of this Agreement, including any amendment,
or of any statute or regulation by You, or any Third Party through Your
account.
You agree to fully cooperate in indemnifying Us at Your expense.
You also agree not to reach a settlement with any party without Our
consent.
In no event shall the Company be liable to compensate the User
or any third party for any special, incidental, indirect, consequential or
punitive damages whatsoever, including those resulting from loss of use,
data or profits, whether or not foreseeable, and whether or not the
Company had been advised of the possibility of such damages, or based on
any theory of liability, including breach of contract or warranty,
negligence or other tortuous action, or any other claim arising out of or
in connection with the User’s use of or access to the Website/ Application
and/or the Products or materials contained therein.
The limitations and exclusions in this section apply to the maximum
extent permitted by applicable law, and the Parties expressly agree that
in the event of any statute, rule, regulation or amendment coming into force
that would result in the Company incurring any form of liability
whatsoever, these Terms and the Policy will stand terminated one (1) day
before the coming into effect of such statute, rule, regulation or
amendment. It is further agreed to by the Parties that the contents of this
Section shall survive even after the termination or expiry of the Terms
and/or Policy.
DISLAIMER OF WARRANTIES AND LIABILITIES
Except as otherwise expressly stated on the Website/Applcation,
all Products and Services Site offered on the Website/Application are
offered on an “as is” basis without any warranty whatsoever, either
express or implied. All commercial/ contractual terms are offered by and
agreed to between User and Company alone. The commercial/contractual terms
include but are limited to date, period, warranties related to Products
and after sales services related to Products. The Company/Website
Application does not make any representation or Warranty as to specifics
(such as quality, value, scalability, etc.) of the Products purchased
from the Company. The Website/Application does not implicitly or explicitly
support or endorse the sale or purchase of any Products on the Website /Application. The
company makes no warranty or representation that use of the Products
or Services with any third-party Product or Service will affect or
increase any level of safety. The Website/Application and the Company
accepts no liability for any errors or omissions, whether on behalf of itself
or third parties, or for any damage caused to the User, the User’s
belongings, or any third party, resulting from the use or misuse of any Product
purchased or service availed of by the User from the Website/ Application. The
Website/Application does not guarantee that the functions and
Services contained in the Website/Application will be uninterrupted or
error-free, or that the Website/Application or its server will be free of
viruses or other harmful components, and the User hereby expressly accepts
any and all associated risks involved with the User’s use of the
Website/Application. It is further agreed to by the Parties that the
contents of this Section shall survive even after the termination or
expiry of the Terms and/or Policy. The User agrees and undertakes that
he/she is accessing the Website/ Application and transacting at his/her
sole risk and that he/she is using his/her best and prudent judgment
before accessing/using any information displayed thereon.
FORCE MAJEURE
The Company, Website or the Application shall not be liable for
damages for any delay or failure to perform its obligations hereunder if such
delay or failure is due to cause beyond its control or without its fault
or negligence, due to Force Majeure events including but not limited to
acts of war, acts of God, earthquake, riot, sabotage, labour shortage or
dispute, internet interruption, technical failure, breakage of sea cable,
hacking, piracy, cheating, illegal or unauthorised.
PRIVACY
We encourage you to read the Privacy Policy, and to use the information
it contains to make informed decisions regarding Your personal information.
Please also note that certain information, statements, data and content
(such as but not limited to photographs) which You provide on the
Application are likely to reveal Your gender, ethnic origin, nationality,
age, and/or other personal information about You. You acknowledge and
agree that your submission of such information is voluntary on Your part.
Further, You acknowledge, consent and agree that we may access, preserve,
and disclose information You provide to Us at any stage during Your use
of the Application. Disclosures of information to Third Parties are
further addressed in Our Privacy Policy.
MISCELLANEOUS PROVISIONS:
Entire Agreement: This Agreement is the complete and exclusive
statement of the agreements between You and Us with respect to the subject
matter hereof and supersedes all other communications or representations
or agreements (whether oral, written or otherwise) relating thereto.
Severability: If any provision of this Agreement shall to any
extent be held invalid, illegal or unenforceable, the validity, legality
and enforceability of the remaining provisions of this Agreement shall in
no way be affected or impaired thereby and each such provision of this
Agreement shall be valid and enforceable to the fullest extent permitted
by law. In such case, this Agreement shall be reformed to the minimum
extent necessary to correct any invalidity, illegality or
unenforceability, while preserving to the maximum extent the rights and commercial
expectations of the parties hereto, as expressed herein.
Waiver: The failure of either party at any time to require performance
of any provision of this Agreement in no manner shall affect such party’s right
at a later time to enforce the same. No waiver by either party of any
breach of this Agreement, whether by conduct or otherwise, in any one or
more instances, shall be deemed to be, or construed as, a further or
continuing waiver of any other such breach, or a waiver of any other
breach of this Agreement.
