Terms of Service
Terms of Service
Ecasa Intelligence Networks Pvt. Ltd. And Its Subsidiaries And Affiliates (Collectively, “Sin”) Provides: (1) A Sin User Account Website That May Be Accessed At Www.Sin.In Or Www.Ecasa.Com Or Smartliving.Co.In (Each A “Site”), (2) Services Accessible Through The Sites Or Sin Cloud (“Web Apps”), (3) Software That May Be Downloaded To Your Smartphone Or Tablet To Access Services (“Mobile Apps”), (4) Subscription Services, Including Services That Can Be Accessed Using The Web Apps And Mobile Apps (“Subscription Services”), And, All For Use In Conjunction With Sin Hardware Products (“Products”) And In Other Ways That Sin Provides. Some Sin Products And Services Can Be Used Together Or In Ways That Integrate With Products And Services From Third Parties. The Term “Services” Means The Sites, Web Apps, Sin Cloud, Mobile Apps, And Subscription Services.
These Terms Of Service (“Terms”) Govern Your Access To And Use Of The Services. These Terms Give You Specific Legal Rights, And You May Also Have Other Legal Rights In Addition, Which Vary From Jurisdiction To Jurisdiction. The Disclaimers, Exclusions, And Limitations Of Liability Under These Terms Will Not Apply To The Extent Prohibited By Applicable Law. Some Jurisdictions Do Not Allow The Exclusion Of Implied Warranties Or The Exclusion Or Limitation Of Incidental Or Consequential Damages Or Other Rights, So Those Provisions Of These Terms May Not Apply To You.
This Is A Legal Agreement. By Accessing And Using The Services (Including The Sites), You Are Accepting And Agreeing To These Terms On Behalf Of Yourself Or The Entity You Represent In Connection With The Access. You Represent And Warrant That You Have The Right, Authority, And Capacity To Accept And Agree To These Terms On Behalf Of Yourself Or The Entity You Represent. You Represent That You Are Of Sufficient Legal Age In Your Jurisdiction Or Residence To Use Or Access The Services And To Enter Into This Agreement. If You Do Not Agree With Any Of The Provisions Of These Terms, You Should Disconnect Your Products From Your Account (As Described Below) And Cease Accessing Or Using The Services.
As Described Below, You Are Consenting To Automatic Software Update Of The Services And Of The Products Connected To The Services. If You Do Not Agree, You Should Not Use The Services.
As Described Below, Sections 4 And 5 Describe Important Limitations Of The Services, Especially In Connection With Life Safety And Critical Uses. Please Read These Disclosures Carefully, As You Are Acknowledging Them And Accepting Them.
Overview, Eligibility, Customer Service, Term and Termination
Eligibility. You may use the Services only if you can form a binding contract with SIN, and only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and is a violation of these Terms. The Services are not available to any users previously prohibited from using the Services by SIN.
Customer Service. If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact SIN.
Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, SIN may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if SIN in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with SIN.
Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any Indian or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify SIN of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. SIN is not liable for any loss or damage arising from your failure to comply with the above requirements.
Access to Services
Access and Use. Subject to these Terms, SIN grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Web Apps in connection with, and solely for the purpose of, controlling and monitoring the Products installed on your property or otherwise accessing a service explicitly provided by SIN for your use (the “Permitted Purpose”), and (ii) 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,
Automatic Software Updates. SIN may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates SIN provides. Your continued use of the Services and the Product is your agreement – (i) to these Terms with respect to the Services, and (ii) to the End User license Agreement with respect to updated Product Software.
Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (“Content”). The Content also includes information that you and other users provide us in the course of using the Services (collectively, “User Submissions”), which we may use to provide, maintain and improve the Services. Some content may be visible to others (for example, the Service allows you to upload, post, or otherwise share video content). You may also post feedback, comments, questions, or other information on the Sites. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to SIN all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. SIN reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by SIN; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
Open Source. Certain items of independent, third party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU General Public license (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
Privacy Statement. Please review the Privacy Statement. The Privacy Statement describes practices regarding the information that SIN may collect from users of the Products and Services, including any Content or User Submissions.
Security. SIN cares about the integrity and security of your personal information. However, SIN cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Modification. SIN reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that SIN will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
Access Outside Certain Countries. Although the Sites are accessible worldwide, the Products and Services provided or accessed through or on the Sites are not available to all persons or in all countries. If you choose to access the Sites from outside a country in which SIN supports the Product and Services listed here (“Target Country”), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Sites are not designed for use in a non-Target Country and some or all of the features of the Sites may not work or be appropriate for use in such a country. To the extent permissible by law, SIN accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Sites or SIN Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Sites or use the Services.
Agreed Usage and limitations of SIN Services
Intended Use of SIN Services. The Services are intended to be accessed and used for non-time-critical information and control of SIN products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond SIN’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that SIN is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
No life-Safety or Critical Uses of the Services. 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. SIN 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 UNDERSTAND THAT THE PRODUCTS AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM — SIN WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the SIN Customer Care and Support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
Reliability of Notifications. You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY liFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR SIN PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The information provided by SIN on what to do in an emergency is based on authoritative safety sources, but there is no way for SIN to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. SIN does not offer any specific uptime guarantee for the Services.
System Requirements. The Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required from some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by SIN. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. In addition, you acknowledge that SIN may activate Bluetooth on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Services, enable communication with SIN Products connected to the same SIN account, and enable certain features.
Energy Savings and other Benefits. Unless explicitly promising a “guarantee,” SIN does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Products or Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond SIN’s control or knowledge. From time to time, SIN may use the Services to provide you with information that is unique to you and your energy usage and suggests an opportunity to save money on energy bills if you adopt suggestions or features of the Product or Services. We do this to highlight an opportunity based on our analysis and information about you and your household. You acknowledge that these promotions are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from SIN if your savings differ.
The Services provide you information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information in the home.
All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated and SIN will not be liable for any errors or omissions in any Content. SIN cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
violates any law, statute, ordinance or regulation;
is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
impersonates any person or entity, including without limitation any employee or representative of SIN;
contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program;
jeopardizes the security of your SIN Account or anyone else’s Account (such as allowing someone else to log in to the Services as you;
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, listserv, or any form of auto-responder or “spam” on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
copies or stores any significant portion of the Content; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Products and Services. You agree that you (and not SIN) are responsible for ensuring that you comply with any applicable laws when you use the Products and Services, including but not limited to (i) any laws relating to the recording or sharing of video or audio content that includes third parties, or (ii) any laws requiring notice to or consent of third parties with respect to your use of SIN products.
limitations of SIN Services Due to Third Parties
General. SIN Services rely on or interoperate with third party products and services. These third party products and services are beyond SIN’s control, but their operation may impact or be impacted by the use and reliability of the SIN Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the SIN Services operate, and (iii) SIN is not responsible for damages and losses due to the operation of these third party products and services.
Third Party Service Providers Used By SIN. You acknowledge that SIN uses third party service providers to enable some aspects of the Services – such as, for example, data storage, synchronization, and communication, and mobile device notifications through mobile operating system vendors and mobile carriers. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY liFE SAFETY OR TIME-CRITICAL PURPOSES.
Third Party Products and Services that Work With SIN Cloud Platfrom. SIN may provide the opportunity for you to interface to Third Party Products and Services, for example through the SIN Cloud platform. Although the SIN Cloud platform is offered by SIN, you acknowledge that Third Party Products and Services that you connect to your account or interface with are not SIN products and services and you acknowledge and agree that SIN does not control, and that these Terms do not apply to, any Third Party Products and Services. Use of any Third Party Products and Services is governed by separate terms and conditions provided by the operator(s) of the applicable Third Party Products and Services. You acknowledge and agree that SIN makes no representation or warranty about the safety of any Third Party Products or Services. Accordingly, SIN is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the Third Party with any questions about their Products and Services.
App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and SIN and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
Third Party Website links and Referrals. The Sites may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. SIN provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.
Release Regarding Third Parties. SIN is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. SIN hereby disclaims and you hereby discharge, waive and release SIN and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.
Ownership and Intellectual Property
SIN Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by SIN or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. SIN and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of SIN. You must have a license from us before you can post or redistribute any portion of the Services. Other than with respect to User Submissions, SIN retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.
Feedback. You may choose to, or SIN may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place SIN under any fiduciary or other obligation. SIN may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that SIN does not waive any rights to use similar or related ideas previously known to SIN, developed by its employees, or obtained from other sources.
User Submissions. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub licensable and transferable right to access, display, or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you.
You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to SIN does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
You agree to defend, indemnify and hold SIN and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Products or Services, (ii) your violation of these Terms, (iii) any User Submissions or Feedback you provide; or (iv) your violation of any law or the rights of any third party. SIN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SIN and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without SIN’s prior written consent. SIN will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Warranty For The Product And Product Software Are Set Forth In The limited Warranty And The Eula, Respectively.
The Services (I.E., The Sites, Web Apps, Mobile Apps) Are Provided For Your Convenience, “As Is” And “As Available” And Sin And Our licensors And Suppliers Expressly Disclaim Any Warranties And Conditions Of Any Kind, Whether Express Or Implied, Including The Warranties Or Conditions Of Merchantability, Fitness For A Particular Purpose, Accuracy, And Non-Infringement.
Sin And Our licensors And Suppliers Make No Warranty That Defects Will Be Corrected Or That The Services: (I) Will Meet Your Requirements; (Ii) Will Be Compatible With Your Home Network, Computer Or Mobile Device; (Iii) Will Be Available On An Uninterrupted, Timely, Secure, Or Error-Free Basis; Or (Iv) Will Be Accurate Or Reliable. No Advice Or Information, Whether Oral Or Written, Obtained By You From Sin Or Though The Services Shall Create Any Warranty.
Sin Does Not Warrant, Endorse, Guarantee, Or Assume Responsibility For Any Product Or Service Advertised Or Offered By A Third Party Through Or In Connection With The Products Or Services (Including, But Not limited To, Third Party Products And Services Connected Through The Works With Sin Platform) Or Any Hyperlinked Website Or Service, And Sin Will Not Be A Party To Or In Any Way Monitor Any Transaction Between You And Third-Party Providers Of Such Products Or Services.
When You Install, Setup Or Use Products And Services like Those Provided By Sin You Are Given The Opportunity To Alter Defaults Or Choose Particular Settings. The Choices You Make Can Cause Damage Or Lead To Non-Recommended Operation Of Your Connected Equipment Or Systems. You Assume All liability For Such Damage When You Choose Particular Settings Or Set Or Adjust Defaults.
Sin Makes No Representations Concerning Any Content Contained In Or Accessed Through The Services, And Sin Will Not Be Responsible Or liable For The Accuracy, Copyright Compliance, Legality Or Decency Of Material Contained In Or Accessed Through The Services. Sin Makes No Representations Or Warranties Regarding Suggestions Or Recommendations Of Services Or Products Offered Or Purchased Through The Services.
limitation of liability
Nothing in these Terms and in particular within this “limitation of liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
To The Maximum Extent Permitted By Applicable Law, In Addition To The Above Warranty Disclaimers, In No Event Will (A) Sin Be liable For Any Indirect, Consequential, Exemplary, Special, Or Incidental Damages, Including Any Damages For Lost Data Or Lost Profits, Arising From Or Relating To The Services Or The Products, Even If Sin Knew Or Should Have Known Of The Possibility Of Such Damages, And (B) Sin’s Total Cumulative liability Arising From Or Related To The Services And The Products, Whether In Contract Or Tort Or Otherwise, Exceed The Fees Actually Paid By You To Sin Or Sin’s Authorized Reseller For The Services Or The Product At Issue In The Prior 12 Months (If Any). This limitation Is Cumulative And Will Not Be Increased By The Existence Of More Than One Incident Or Claim. Sin Disclaims All liability Of Any Kind Of Sin’s licensors And Suppliers. Under No Circumstances Will Sin Be liable In Any Way For Any Content, Including, But Not limited To, Any Errors Or Omissions In Any Content, Or Any Loss Or Damage Of Any Kind Incurred In Connection With Use Of Or Exposure To Any Content Posted, Emailed, Accessed, Transmitted, Or Otherwise Made Available Via The Services.
Fees and Payment
Certain Services may be provided for a fee. You shall pay all applicable fees in connection with the Services selected by you in accordance with the Terms of Sale.
Governing Law and Jurisdiction
You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.
Further these terms shall be governed by and interpreted in accordance with the laws of India including especially the Information Technology Act, 2000. All relevant rules, regulations, directions, orders and notifications will also apply
Changes to these Terms. SIN reserves the right to make changes to these Terms. We’ll post notice of modifications to these Terms on this page. You should ensure that you have read and agree with our most recent Terms when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms
Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, SIN may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
Entire Agreement/Severability. These Terms constitute the entire agreement between you and SIN regarding the use of the Services. Any failure by SIN to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
Survivability. The obligations in Sections 3(d), 4, 6, 7, 8, 9, 11, and 12 will survive any expiration or termination of these Terms
Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without SIN’s prior written consent. These Terms may be assigned by SIN without restriction. These Terms are binding upon any permitted assignee.
Notifications. SIN may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mobile notifications, hard copy, or posting of such notice on www.SIN.com. SIN is not responsible for any automatic filtering you or your network provider may apply to email notifications. SIN recommends that you add @SIN.in email addresses to your email address book to help ensure you receive email notifications from SIN.
End User License Agreement
By Using The Software (“Product Software”) That Is Embedded On The Semantic Intelligence Networks Pvt. Ltd. Product (“Product”), You Agree To The Terms Of This End User License Agreement (“Eula”) Between You And Semantic Intelligence Networks Pvt. Ltd. (“Sin” Or “We”). If You Do Not Agree To The Terms Of This Eula, You May Not Use The Product Software And You May Choose To Promptly Return The Product For A Refund Of The Product Purchase Price By Contacting Sin At The Address Below. Your Use Of (A) The Website Located At Sin.In, Semanticnetwork.In, Smartliving.Co.In And Their Sub-Domains (Each, A “Site”), (B) Services Through The Site (And Any Updates Thereto) (“Site Services”), And (C) Certain Software That May Be Downloaded To Your Mobile Device (And Any Updates Thereto) (“Mobile Software”) Is Governed By The Terms Of Service Your Purchase Of The Product (Excluding The Product Software) Is Governed By The Sin Limited Warranty, The Terms Of Which Are Provided With The Product. This Eula Does Not Govern Your Use Of The Site, Site Services, Or Mobile Software, Or Your Purchase Of The Product (Excluding The Product Software).
This Eula Governs Your Access And Use Of The Product Software. This Eula Gives You Specific Legal Rights, And You May Also Have Other Legal Rights In Addition, Which Vary From Jurisdiction To Jurisdiction. The Disclaimers, Exclusions, And Limitations Of Liability Under This Eula Will Not Apply To The Extent Prohibited By Applicable Law. Some Jurisdictions Do Not Allow The Exclusion Of Implied Warranties Or The Exclusion Or Limitation Of Incidental Or Consequential Damages Or Other Rights, So Those Provisions Of This Eula May Not Apply To You.
This Is A Legal Agreement. By Accessing And Using The Product Software, You Are Accepting And Agreeing To This Eula On Behalf Of Yourself Or The Entity You Represent In Connection With The Access. You Represent And Warrant That You Have The Right, Authority, And Capacity To Accept And Agree To This Eula On Behalf Of Yourself Or The Entity You Represent. You Represent That You Are Of Sufficient Legal Age In Your Jurisdiction Or Residence To Use Or Access The Product Software And To Enter Into This Eula. If You Do Not Agree With Any Of The Provisions Of These Terms, You Should Cease Accessing Or Using The Product Software.
As Described Below, You Are Consenting To Automatic Software Update Of The Product Software. If You Do Not Agree, You Should Not Use The Product Software.
As Described Below, Section 9 Describes Important Limitations Of The Product Software And Related Services, Especially In Connection With Life Safety And Critical Uses. Please Read These Disclosures Carefully, As You Are Acknowledging Them And Accepting Them.
Subject to the terms of this EULA, SIN grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party, (b) copy or use the Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product Software on any device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact SIN and provide SIN an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Product Software to any third party without prior written approval of SIN for each such release.
- Automatic Software Updates
SIN may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Product Software and you agree to promptly install any Updates SIN provides. Your continued use of the Product is your agreement to this EULA.
The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of SIN and its licensors. SIN and its licensors reserve all rights in and to the Product Software not expressly granted to you in this EULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback provided by you to SIN with respect to the Product Software shall be SIN property. SIN may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that SIN does not waive any rights to use similar or related ideas previously known to SIN, developed by its employees, or obtained from other sources. Title, ownership rights, and intellectual property rights in the software product shall remain with the SIN. Copyright laws and treaties of India protect this software product and any issues that may arise over this will be dealt with in the courts of India. Title and related rights in the content accessed through the software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content.
- Open Source
Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, SIN makes such Open Source Software, and SIN modifications to that Open Source Software, available by written request to SIN at the email or mailing address listed below.
- Term and Termination
This EULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this EULA is terminated under this section. SIN may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to SIN. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Product Software, but the terms of Sections 2 through 18 (inclusive) will remain in effect, after any such termination.
- Warranty Disclaimer
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIN PROVIDES THE PRODUCT SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SIN DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. SIN MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SIN DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.
- Limitation of Liability
Nothing in this EULA and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SIN BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF SIN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SIN ’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO SIN OR SIN’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SIN DISCLAIMS ALL LIABILITY OF ANY KIND OF SIN LICENSORS AND SUPPLIERS.
- Limitations of Product Software
You acknowledge that the Products and Product Software are not certified for emergency response. YOU UNDERSTAND THAT THE PRODUCTS AND PRODUCT SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM — SIN DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the SIN Customer Care and Support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
Unless explicitly promising a “guarantee,” SIN does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Products or Product Software or any feature of them. Actual energy savings and monetary benefits vary with factors beyond SIN control or knowledge. From time to time, SIN may use the Product Software to provide you with information that is unique to you and your profile and suggests an opportunity to personalize SIN products and save on energy bills if you adopt suggestions or features of the Product or Product Software. We do this to highlight an opportunity based on our analysis and information about you and your household.
The Product Software provides you information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Product Software is not a substitute for direct access of the information in the home.
“Confidential Information” shall mean the Product Software and all other information disclosed to you that SIN characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this EULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of SIN. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify SIN in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with SIN in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify SIN prior to such disclosure to allow SIN an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with SIN in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
- Export Compliance.
The Product Software and related technology are subject to Indian. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Product Software and related technology, as may be required. You will indemnify and hold SIN harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section. Any use, modification, reproduction, release, performing, displaying, or disclosing of the Software Product by the Union or State Governments of India or its agencies shall be subject to restrictions as set forth by the Indian Copyrights and Intellectual Property laws and this EULA.
- Governing Law; Venue.
This EULA will be governed by laws and rules of India, without regard to its choice of law principles. The United Nations Convention for the International Sale of Goods shall not apply. You agree to accept competent courts of New Delhi and India to have jurisdiction over any dispute arising out of your use of Product Software and this EULA. You and your end-users are solely responsible for use of the Software product in your or their region or country. SIN shall not be responsible for any violation of any statutory provisions applicable in your or your end-user’s region or country.
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect.
Any notice to you may be provided by email to the address that you registered with SIN
If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
All waivers by SIN will be effective only if in writing. Any waiver or failure by SIN to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Entire Agreement. This Agreement sets forth SIN’s entire liability and your exclusive remedy with respect to the Software and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and SIN with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.
Indemnification by You. You and your end-users agree to indemnify, hold harmless, and defend SIN and its Licensor from and against any claims or lawsuits, including attorney’s fees that arise or result from using of the Software. The employees, staffs, officers, directors, etc. of SIN, shall not be under any circumstances, be held personally liable under any law.
The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. SIN will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors.
You acknowledge that the Product Software contains valuable trade secrets and proprietary information of SIN, that any actual or threatened breach of Section 2 (Restrictions) of this EULA will constitute immediate, irreparable harm to SIN for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA.
Except as otherwise provided in this section, no amendment to this EULA will be valid unless it is in writing hand-signed by the parties.
Questions or Additional Information. If you have questions regarding this EULA, please contact SIN.
Limited Warranty for SIN Products
Semantic Intelligent Networks Pvt. Ltd (SIN). Limited Warranty “All SIN Products”
THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
1. WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE
Semantic Intelligence Networks (“SIN”), warrants to the owner of the enclosed product that the product contained in this box (“Product”) will be free from defects in materials and workmanship for a period of two (1) years from the date of delivery following the original retail purchase (the “Warranty Period”). If the Product fails to conform to this Limited Warranty during the Warranty Period, SIN will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished product or components, at SIN’ sole discretion. If the Product or a component incorporated within it is no longer available, SIN may, at SIN’ sole discretion, replace the Product with a similar product of similar function. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) ninety (90) days from the date of delivery of the repaired Product or replacement Product, or (b) the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
If you are the original purchaser of the Product and you are not satisfied with this Product for any reason, you may return it in its original condition within thirty (30) days of the original purchase and receive a full refund.
Before making a claim under this Limited Warranty, the owner of the Product must (a) notify SIN of the intention to claim by visiting SIN.in during the Warranty Period and providing a description of the alleged failure, and (b) comply with SIN’ return shipping instructions. SIN will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below). SIN will bear all costs of return shipping to owner and will reimburse any shipping costs incurred by the owner, except with respect to any Ineligible Product, for which owner will bear all shipping costs.
This Limited Warranty does not cover the following (collectively “Ineligible Products”): Products marked as “sample” or “Not for Sale”, or sold “AS IS”; or Products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the User’s Guide, Placement Guidelines, or other instructions provided by SIN; (c) abuse or misuse of the Product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product, or software (even if packaged or sold with the product). SIN recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Product’s performance and may invalidate this Limited Warranty.
Except As Stated Above In This Limited Warranty, And To The Maximum Extent Permitted By Applicable Law, Sin Disclaims All Express, Implied, And Statutory Warranties And Conditions With Respect To The Product, Including The Implied Warranties Of Merchantability And Fitness For A Particular Purpose. To The Maximum Extent Permitted By Applicable Law, Sin Also Limits The Duration Of Any Applicable Implied Warranties Or Conditions To The Duration Of This Limited Warranty.
In Addition To The Above Warranty Disclaimers, In No Event Will Sin Be Liable For Any Consequential, Incidental, Exemplary, Or Special Damages, Including Any Damages For Lost Data Or Lost Profits, Arising From Or Relating To This Limited Warranty Or The Product, And Sin’ Total Cumulative Liability Arising From Or Related To This Limited Warranty Or The Product Will Not Exceed The Amount Actually Paid For The Product By The Original Purchaser.
The Sin Online Services (“Services”) Provide You Information (“Product Information”) Regarding Your Sin Products Or Other Peripherals Connected To Your Products (“Product Peripherals”). The Type Of Product Peripherals That May Be Connected To Your Product May Change From Time To Time. Without Limiting The Generality Of The Disclaimers Above, All Product Information Is Provided For Your Convenience, “As Is”, And “As Available”. Sin Does Not Represent, Warrant, Or Guarantee That Product Information Will Be Available, Accurate, Or Reliable Or That Product Information Or Use Of The Services Or Product Will Provide Safety In Your Home. You Use All Product Information, The Services, And The Product At Your Own Discretion And Risk. You Will Be Solely Responsible For (And Sin Disclaims) Any And All Loss, Liability, Or Damages, Including To Your Wiring, Fixtures, Electricity, Home, Product, Product Peripherals, Computer, Mobile Device, And All Other Items And Pets In Your Home, Resulting From Your Use Of The Product Information, Services, Or Product. Product Information Provided By The Services Is Not Intended As A Substitute For Direct Means Of Obtaining The Information. For Example, A Notification Provided Through The Service Is Not Intended As A Substitute For Audible And Visible Indications In The Home And On The Product, Nor For A Third Party Monitoring Service That Monitors Alarm State.
If any provisions of this limited warranty are judged to be unenforceable or illegal, the continuation of the other provisions will not be affected. This warranty will also not affect the customer’s statutory right under applicable Indian laws.
TOTAL SATISFACTION RETURN POLICY
WARRANTY CONDITIONS; HOW TO GET SERVICE IF YOU WANT TO CLAIM UNDER THIS LIMITED WARRANTY
WHAT THIS LIMITED WARRANTY DOES NOT COVER
DISCLAIMER OF WARRANTIES
LIMITATION OF DAMAGES
LIMITATION OF LIABILITY
YOUR RIGHTS AND THIS LIMITED WARRANTY
This document focuses on information related to the operation of the public websites available at SIN.in, Smartliving.co.in, Semanticnetwork.in and their sub-domains (each, a “Site”), including our online store. We provide additional details about how we collect and use information in connection with SIN products and services in our Privacy Statement for SIN Products and Services.
COLLECTION AND USE: SIN collects information about you through our Sites in several ways. This information is used to provide users with SIN products and services, to allow us to understand how visitors navigate our Site, and to provide advertising that is relevant to your interests.
Purchase and Login Information: If you pre-order or purchase SIN products from our Site, we request that you provide your name, email address, billing and shipping address, credit card information and any other information necessary to complete the transaction. If you create a SIN account, your name, billing and shipping address and the last four digits of your credit card information can be stored. We do not collect or store your full credit card information. Our credit card processing service provider, will collect and store full payment card information from you, even as a guest user, when an order is placed until when it ships. If you create a SIN account and elect to have payment card information saved, our credit card processing service provider will store your payment information.
Mailing List Information: You may choose to submit your email address via a submission form located on our Site. Your email address may be used to send you news about SIN-related services, products or promotions. We may use one or more service providers to administer these messages, but we do not share your email address with spammers or any other third parties without your permission.
Device Usage information: If you are logged into your SIN account, we record the IP address you visit our website from, and if you have a SIN device or other connected device, we record adjustments you make to the product through the website interface. We store this data along with your email address, information about your SIN device, data collected directly by the device, a history of your device settings, and any other information we have collected about your use of SIN products and services. See our Privacy Statement for SIN Products and Services to learn more about the usage information collected through our products.
Online Tracking and Your Choices:
Website Use Information: Like many websites, we and our third-party partners analyze log file information and other data collected through cookies, web beacons, and other tracking technology, to collect information about your browsing behavior when you visit our Site, including for example, your browser type, domains, page views, IP address, referring/exit pages, information about how you interact with our Site’s webpages and with third-party links, traffic and usage trends on the service, etc. We use session cookies to keep you logged in while you use features of our Site; these disappear after you close your browser. We also use persistent cookies, which stay in your browser and allow us to recognize you when you return to the Site. We use this to remember your information so you will not have to re-enter it, to better understand how you use our website and products and services, to diagnose and fix technology problems, and otherwise enhance our Site, products, and services. In some of our email messages, we use a “click-through URL” linked to content on the Site. We track this click-through data to help us measure the effectiveness of our customer communications. We also use third-party analytics tools (including Google Analytics) to assist us with analyzing and improving our service. Most Internet browsers automatically accept cookies, but you may be able to change the settings of your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you set your browser to reject cookies, parts of our Site may not work for you. Please note, depending on your type of device or browser, it may not be possible to delete or disable all tracking mechanisms on your device.
Your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information for analytic and internal purposes. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device to delete and disable cookies and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit allaboutcookies.org).
DATA SHARING: Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the delivery of SIN Products and services without asking you first. Period. We do not rent or sell our customer lists.
The following are the limited situations where we may share personal information:
With your explicit consent: We may share personal information when we have your consent. One example of this would be if you sign up for programs offered by our partners (e.g., energy or insurance companies). If you do this, we may share certain information with the partner. This could include things like your enrollment information and the activation status of your device. Similarly, when you connect third-party devices and services to your SIN Products through the Works with SIN program, you are shown information about any proposed exchange of data. Your explicit consent is required to allow these exchanges on your behalf and you can change your mind at any time.
For external processing: We have vendors, service providers, and technicians who help with some of our processing and storage, including helping to answer your questions. They may also assist with monitoring our servers for technical problems. These technicians (as well as SIN employees) can access certain information about you or your account in line with this work but these technicians are not allowed to use this data for non-SIN purposes. We also have strict policies and technical barriers in place to prevent unauthorized employee access to video data.
As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.
For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, to respond to legal process, or comply with state and federal laws
We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. For example, we may publish trends about energy use or elevated carbon monoxide levels in the home. This information may also be shared with other users to help them better understand their energy usage compared to others in the SIN community, raise awareness about safety issues, or help us generally improve our system. We may also share non-personal information with our partners, for example, if they are interested in providing demand-response services or other incentive programs. We take steps to keep this non-personal information from being associated with you and we require our partners to do the same.
Your personal information may be collected, processed and stored by SIN or its service providers in the United States and other countries where our servers reside. As a result, your personal information may be subject to legal requirements, including lawful requirements to disclose personal information to government authorities, in those jurisdictions.
SECURITY: SIN takes security seriously and cares about the integrity of your personal information. We use commercially reasonable physical, administrative, and technological methods to transmit your data securely and the data is stored on our secure cloud. However, SIN cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
THIRD PARTY SITES: SIN’s website may contains links to third party websites, some of which may be co-branded with the SIN logo. However, these websites are not operated or maintained by SIN, and SIN does not share your Personal Information with these websites and is not responsible for their privacy practices. Your use of any third party website is at your own risk. Although we choose our business partners carefully, SIN cannot be responsible for the privacy practices of websites operated by third parties that are linked to from our site. Once you have left our website, you should make a practice of checking the applicable privacy statement of the third party website to determine how they will use any information they collect from you.
SIN will not contact children under age 13 about special offers or for marketing purposes without a parent’s consent
SIN does not solicit personal information from a child under age 13 in any given activity or promotion.
LIMITATION OF LIABILITY Under no circumstances shall SIN be liable to any users of this site for:
loss, injury, claim, liability or damages of any kind resulting from the use of or the inability to use the material on this site, even if SIN had been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise;
special, direct, indirect, incidental, punitive, exemplary or consequential damages of any kind whatsoever (including without limitation attorney’s fees) in any way due, resulting from or arising in connection with the use of or the inability to use this web site or its content/ materials;
claim attributable to errors, omission or inaccuracies in or destructive properties of any information available herein.
If you have any questions, please contact us at legal@SIN.in.
Last Updated: September 17, 2015
Privacy Statement for SIN Products and Services
Policy active as of September 17, 2015.
This Privacy Statement for SIN Products and Services (“Privacy Statement”) describes information that Semantic Intelligence Networks Pvt. Ltd and its subsidiaries and affiliates (collectively, “SIN”) collect, use, share, and store, including personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information).
This document focuses on information related to the operation of SIN products and services, including the SIN Connected Car, SIN Security Camera, SIN Child Tracker, SIN Cloud Platform other products from SIN (collectively, “SIN Products”). In this Privacy Statement, the expression “SIN Products” also includes our Web Apps, Mobile Apps, and Subscription Services as defined in our Terms of Service.
We pledge to:
Be transparent about the different types of information we collect and how we use them.
Ask your permission before sharing your personal information with third parties for purposes other than to provide SIN’s Products, and to do so only when we think they will provide you with a welcome additional service.
Use best-in-class data security tools to keep your data safe and protect the SIN Products from unauthorized access.
By using SIN Products, you agree to allow us to collect and process information as described below.
What information does the SIN Connected Car, collect?
The SIN Connected Car collects:
Information input during setup
Vehicle data from the SIN Connected Car OBD Dongle
Engine Diagnostic Data
GPS Location of Vehicle
Technical information from the device
Information input during setup: When you install the SIN Connected Car Solution, you’ll be asked several questions in order to help us understand your car and related details. For example, we’ll ask questions like whether your car is self- driven or driver driven. We may also ask for your Name, Age, e-mail address, phone number, vehicle details, Insurance validity, postal or ZIP code so that SIN can personalize your OBD dongle. Answering these questions helps us to set up an initial program that will keep you comfortable.
Vehicle data from the SIN Connected Car OBD Dongle: We collect data from several sensors built into the SIN Connected Car OBD Dongle. It collects vehicle information like VIN number, PIDs, vehicle speed, fuel consumption data, etc.
Engine Diagnostic Data: SIN Connected Car Solution pulls information directly from your car engine to understand the engine diagnostics including RPM, engine load, temperature, etc. In addition, our OBD dongle constantly monitors the health of car and provides Diagnostic Trouble Codes (DTCs) to tell you the errors / alerts in case of any malfunctioning, to be able to provide you a personalized connected car experience.
GPS Location of vehicle: SIN Connected Car OBD dongle has inbuilt GPS module which collects exact location details (latitude / longitude) of your car to monitor and track your car location at all times.
Acceleration data: SIN Connected Car OBD dongle also has inbuilt accelerometer that collects acceleration / deceleration data to measure the motion of car. This helps in finding out your driving habits and calculating driving behavior score.
Technical information from the device: In order to improve your experience over time and help troubleshoot any problem you may encounter with SIN Connected Car OBD dongle, we record your model and serial number, software version, and technical information such as sensor status, Wi-Fi connectivity, and battery charge level.
What information does SIN Child Tracker collect?
SIN Child Tracker collects:
Information input during setup
GPS Location data
Path / Route information
Technical information from the device
Information input during setup: When you install the SIN Child Tracker, you’ll be asked several questions in order to help us understand your personal and device details. We may ask for your Name, Age, e-mail address, phone number, Address, postal or ZIP code, device details, etc so that SIN can personalize your Child Tracker device.
GPS Location data: SIN Child Tracker has inbuilt GPS module that collects exact location details (latitude / longitude) of device. This GPS module can be easily synced with your mobile application to monitor and track your child location at all times on mobile phone. The device can also setup safe zones to keep your child within your vicinity and automatically alerts if your child goes out of the safe zone.
Path / Route information: SIN Child Tracker also collects information related to the defined path / route created to track your child on the defined path / route. With the saved path information, it helps you to get real-time alarms / notifications if your child goes beyond the defined path.
Technical information from the device: In order to improve your experience over time and help troubleshoot any problem you may encounter with SIN Child Tracker, we record your Tracker model and serial number, software version, and technical information such as sensor status, Wi-Fi connectivity, and battery charge level.
How does my SIN Product or account interact with third parties?
If I use SIN Cloud to connect third-party products and services to SIN, will information be shared? When you choose to connect third-party products and services through SIN Cloud Platform, you are shown details about any proposed exchange(s) of data between SIN and the third party that is providing the product or service. In some cases, SIN or the third party will instead (or also) ask for permission to control the products that you have connectedIs information shared with or received from third parties, outside of the SIN Cloud program? Yes, SIN may receive and process information from third parties, and some of this information may be associated or stored with your SIN account. SIN may also share information. For example, when you enroll in a rewards program offered through SIN by our partners, you may be asked for your permission to share certain data between SIN and our partner. We may also obtain information from other sources and combine that with the information in your SIN account. For example, in order to offer some of our rewards programs, we might collect certain information (such as which of our partners offers services where you live) to determine eligibility and efficacy of our programs.
Additional information about the limited circumstances in which information from your SIN account may be shared with third parties is described below in the section titled “In what circumstances does SIN share my information?”.
Any data that SIN receives from third-party products and services will be processed and stored by SIN and will be treated in accordance with this Privacy Statement. This information may be processed in the same ways as any other data that is a part of your SIN account or the SIN logs.
What additional information does SIN collect and store when a user connects a SIN Product to the Internet or creates an account?
To connect your SIN Product to our Services, or to access your SIN Product over the Internet from a computer, a smartphone or a tablet, you will need to connect it to your Wi-Fi network. During setup, the SIN Product will ask for your Wi-Fi network name (SSID) and password to connect to the Internet. It will save this information on the device, along with your IP address, so that you can access it and control it from your computer, smartphone or tablet, and so that it can communicate with SIN servers and download software updates.
Once connected to your Wi-Fi network, your SIN Product regularly sends the data described in this Privacy Statement (excluding your Wi-Fi password) to SIN Cloud to provide you with the Services.
How does SIN use the information it collects?
We use this information to provide, develop and improve SIN Products and services, including information to make assessments and recommendations about products, safety, or energy use. We may use your contact details to send you this information, or to ask you to participate in surveys about your SIN use.
We may also use this information in an aggregated, non-identified form for research purposes and to help us make sales, marketing, and business decisions. We may use service providers to perform some of these functions. Those service providers are restricted from sharing your information for any other purpose.
We use industry-standard methods to keep this information safe and secure while it is transmitted over your home network and through the Internet to our servers. Depending on your location and type of data, SIN may process your personal information on servers that are not in your home country.
In what circumstances does SIN share my information?
Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the delivery of SIN Products and services without asking you first. We do not rent or sell our customer lists.
The following are the limited situations where we may share personal information:
With your explicit consent: We may share personal information when we have your consent. One example of this would be if you sign up for programs offered by our partners (e.g., energy or insurance companies). If you do this, we may share certain information with the partner. This could include things like your enrollment information and the activation status of your device. Similarly, when you connect third-party devices and services to your SIN Products through the SIN Cloud , you are shown information about any proposed exchange of data. For external processing: We have vendors, service providers, and technicians who help with some of our processing and storage, including helping to answer your questions. They may also assist with monitoring our servers for technical problems. These technicians (as well as SIN employees) can access certain information about you or your account in line with this work but these technicians are not allowed to use this data for non-SIN purposes. We also have strict policies and technical barriers in place to prevent unauthorized employee access to video data.
As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.
For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons.
We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. For example, we may publish trends about any particular product use. This information may also be shared with other users to help them better understand their product usage compared to others. We may also share non-personal information with our partners, for example, if they are interested in providing demand-response services or other incentive programs. We take steps to keep this non-personal information from being associated with you and we require our partners to do the same.
Your personal information may be collected, processed and stored by SIN or its service providers in India and other countries where our servers reside. As a result, your personal information may be subject to legal requirements, including lawful requirements to disclose personal information to government authorities, in those jurisdictions.
If you select an outside party for the purchase, installation, or service of your SIN device and share your personal information, we cannot control the collection, storage or sharing of information collected by that party. For example, if you buy a SIN Connected Car Solution from a retailer, the retailer may collect personal information as part of the transaction. Or the party that installed the device may retain information that you provided to them to assist them in servicing the device if needed. Always check the privacy policies for any company that collects your personal information.
How long does SIN save my personal information and how can I delete it?
SIN generally stores your personal information on SIN’s servers until you delete or edit it, or for as long as you remain a SIN customer in order to provide you with SIN Products.
As described above, some information is processed and stored directly on the SIN device. All personal information is encrypted as it is transmitted to SIN and cannot easily be accessed.
You can delete the information on the SIN device by resetting it to the defaults (using Reset in the Settings menu, wherever applicable).
You can access, amend or delete your personal information from SIN’s servers through the controls in your account. Because of the way we maintain certain Services, after your information is deleted, backup copies may linger for some time before they are deleted, and we may retain certain data for a longer period of time if we are required to do so for legal reasons.
Please note that this Privacy Statement may change from time to time. We will provide notice of any changes on the website or by contacting you. If you have any questions, please contact us at legal@SIN.com.
Terms & Conditions of Sale
Welcome to the online store (the “Store”) provided by Semantic Intelligence Networks Pvt. Ltd., Inc. (“SIN”). Your purchase of SIN hardware products (“Products”) and/or subscription services (“Subscription Services”) from the Store constitutes your agreement to be bound by these Terms & Conditions of Sale (“Terms & Conditions”) and any additional terms we provide, including but not limited to our Terms of Service and the terms of the Limited Warranty included in-box with a Product.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR SIN PRODUCTS AND/OR SUBSCRIPTION SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Products from SIN, the Terms & Conditions in force at that time will apply between you and SIN. If you purchase our Subscription Services, we will notify you in the event we make changes to these Terms & Conditions that affect your subscription. If you have any questions regarding these Terms & Conditions, you can contact SIN.
The Store is for retail sales to private consumers only. Please contact sales@SIN.in if you wish to purchase wholesale supplies and Enterprise Customers
As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.
Although the Store is accessible worldwide, the Products and Subscription Services offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products and Subscription Services outside the (each, a “Target Country”), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store and our Products and Subscription Services are not designed for use in a non-Target Country and some or all of the features of the Store, Products and Subscription Services may not work or be appropriate for use in such a country. To the extent permissible by law, SIN accepts no responsibility or liability for any damage or loss caused by your access or use of the Store, Products and Subscription Services in a non-Target Country.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home, You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 30-day refund policy described below.
Products available for reservation and pre-order are not offered for sale by SIN. Your placement of a reservation and pre-order does not create a contract for sale.
By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to SIN to purchase the Product subject to these Terms & Conditions. SIN will collect the payment on your credit/debit card or any other payment method and SIN will refund the full amount without any interest if the product cannot be made available to you within the time communicated to you within your pre-order receipt.
You may cancel your offer to purchase Products at any time prior to shipment and your money will be refunded on your credit/debit card or any other payment method which was for reservation or pre-order
Later, when the Product is offered for sale, SIN may accept your offer to purchase Products subject to these Terms & Conditions. At that time, SIN will send you in invoice along with Shipment details.
SIN reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
By providing a credit card or other payment method accepted by SIN, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processors) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your SIN account, you can do so at any time by logging into your account and editing your payment information.
Subscription Plans. We offer different subscription plans for our Subscription Services. For more information about these plans, please visit SIN.in
Continuous Subscriptions. When you purchase any of our Subscription Services, you expressly acknowledge and agree that (1) SIN is authorized to charge you a monthly or annual subscription service fee depending on the billing cycle you choose (in addition to any applicable taxes) for as long as your subscription continues, and (2) your subscription is continuous until you cancel it or such Subscription Service is suspended, discontinued or terminated in accordance with SIN’s Terms of Service.
Cancellations and Refunds. You may cancel your Subscription Services at any time by logging into your SIN Account and selecting “Cancel Subscription.” Note that merely unpairing a Product from a Subscription Service will not trigger cancellation of the Subscription Service. In the event you cancel a Subscription Service, you will not be charged for the subscription from your next billing cycle, no prorated adjustments will be done on a monthly, quarterly or annual basis depending on the Subscription plan you have paid for.
Free Trials. We may offer free trials of our Subscription Services for limited periods of time. If we offer you a free trial, the specific terms of your free trial will be provided at registration. We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products and/or Subscription Services without prior notice. Prices for the Products and Subscription Services are subject to change at any time, but changes will not affect any order for Products you have already placed. In the event we change the pricing for any Subscription Service you have purchased, we will give you advance notice of this change in accordance with section 16 (Notifications). After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in section 4(d) above.
Depending on the order, SIN calculates and charges sales tax in accordance with applicable laws. Purchaser/subscriber shall bear applicable state and other government taxes (such as sales, use, customs, etc.). Unless otherwise specified, prices do not include such taxes. Exemption certificates, valid in the place of delivery, must be presented to Ingram prior to shipment if they are to be honored.
Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by SIN to the freight carrier, but SIN and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
For certain products where the hardware in bundled with Subscription plan the Title of products remains with SIN and you are supposed to return the product to SIN in good condition post the end of your subscription plan unless its renewed in accordance to our renewal policy. SIN reserves the rights to terminate these Subscription plans at any time at its sole discretion and you will be provided 30 days’ notice to return the products back to SIN.
Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Store website from time to time and depending on the delivery method you opt in for. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse.
The Products available on the Store have been designed, marketed and sold for use by residents of India, AS APPLICABLE. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English only. The Products available on the Store are not intended for use outside of India. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
There may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. SIN is not responsible for any injury or damage caused by self-installation. SIN maintains a list of recommended installers of the Products on its website. These installers are not SIN employees and are not affiliated with SIN. SIN is not responsible for any conduct of or liability associated with these installers. You should do your own diligence of the installers to select one that best fits your needs.
If, for any reason, you want to return the Product you purchased from the Store for a refund, you must notify us no later than 30 days following the date of purchase (the “Cancellation Period”). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting SIN customer support and clearly stating your desire to return the Product. Although it will not affect your right to a refund, please include details on where and when you purchased the Product and your reason for returning the Product. SIN customer service will provide you with a Return Materials Authorization (“RMA”) that must be included with your return shipment to SIN so SIN can identify your shipment and with a return address. If you purchased the Product from somewhere other than the Store, please contact that reseller to obtain a refund.
To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 14 days following the day on which you notify SIN customer support that you desire to return your Product. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to SIN). We will refund the price you paid for the Product plus original delivery cost (up to the value of our Ground delivery option), less the value of any promotional merchandise you received. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).
We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by SIN of the returned Product. The Product is not eligible for a refund after the 30-day period.
Contact SIN First. If a dispute arises between you and SIN, our goal is to learn about and address your concerns. You agree that you will notify SIN about any dispute you have with SIN regarding these Terms & Conditions by contacting SIN.
Any disputes arise out of, under, or in connection with these Terms or breach, termination or invalidity thereof, shall be settled in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The dispute, controversy or claims arising out of or in connection with these terms shall be referred to a sole arbitrator appointed by any director or authorised person of SIN. The venue of arbitration proceedings shall be New Delhi. The Parties shall equally share the cost of the arbitrator and shall bear their own costs towards the advocate fees and other costs in respect of the arbitration.
As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “as-is” basis unless otherwise noted in the Limited Warranty included with a Product. You may choose whether to make a claim under these Terms & Conditions or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty, you should contact SIN.
You use our Products and Subscription Services at your own discretion and risk. You will be solely responsible for (and SIN disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Subscription Service, including damage or loss to your HVAC system, plumbing, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home. Unless explicitly promising a “guarantee,” SIN does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of a Product and/or Subscription Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond SIN’s control or knowledge.
SIN gives no warranty regarding the life of the batteries used in a Product. Actual battery life may vary depending on a number of factors, including the configuration and usage of a Product.
Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SIN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF SIN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SIN’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO SIN OR SIN’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SIN DISCLAIMS ALL LIABILITY OF ANY KIND OF SIN’S LICENSORS AND SUPPLIERS.
You are communicating with SIN electronically when you use the Store or send email to SIN. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about SIN’s products and services unless you opt-out of such emails using the opt-out link in the emails.
SIN may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your SIN account, hard copy, or posting of such notice on the SIN website. SIN is not responsible for any automatic filtering you or your network provider may apply to email notifications. SIN recommends that you add @SIN.in URLs to your email address book to help ensure you receive email notifications from SIN.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
The obligations in Sections 11, 12, 13, and 14 through 21 will survive any expiration or termination of these Terms.
Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
These Terms & Conditions are governed by the laws of the State of Delhi without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts in Delhi California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.
All notices, requests, demands, and other communications that either party may desire to give the other party must be in writing and may be given by (i) mailing the same by registered or certified mail, return receipt requested, or via nationally recognized courier services to the party at the address of such party as set forth herein, at the official corporate address of such party, or such other address as the parties may hereinafter designate, or (ii) e-mail at registered ID of the parties.
These terms and conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, successors and permitted assigns. Neither party may assign its rights and/or duties under these terms and conditions without the prior written consent of the other party given at the other party’s sole option. Any such attempted assignment shall be void. Notwithstanding the foregoing, Ingram may assign any purchase order received from Purchaser to a subsidiary or affiliate upon notice to Purchaser.