These Terms Of Use Govern Your Access Or Use, From Within India And Its Territories, Of The Applications, Websites, Content, Products, And Services (The "Services") Made Available In India And Its Territories By Grohe India Pvt. Ltd. And Its Parents, Subsidiaries, Representatives, Affiliates, Officers And Directors (Collectively, "Company"). By Accessing Or Using The Services, You Acknowledge That You Have Read, Understood, And Agree To Be Bound By These Terms Of Use And Accept And Agree That The Terms Of Use May Be Varied From Time To Time. Your Continued Access Or Use Of The Services After Such Posting Confirms Your Consent To Be Bound By The Terms Of Use, As Amended. The Company Reserves The Right To Terminate Any Services With Respect To You, Or Generally Cease Offering Or Deny Access To The Services Or Any Portion Thereof, At Any Time For Any Reason.
Please Read These Terms Carefully, As They Constitute A Legal Agreement Between You And The Company.
The Services Constitute A Technology Platform That Enables Users Of The Company's Mobile Applications And/Or Websites Provided As Part Of The Services (Each,An "Application") To View The Company's Products And Create Designs Within A Residential Or Commercial Background Setting That May Include Access And/Or Redirection To Independent Third Party Developers / Designers ("Third Party Providers"). You Acknowledge And Accept The Provision Of Personal Information (Defined Herein) And/Or Redirection Of Third Party Providers Does Not Constitute The Company's Endorsement Of The Third Party Providers And/Or The Services Provided By Them.
Permitted Use. Subject To Your Compliance With These Terms Of Use, Company Grants You A Limited, Non-exclusive, Non-sublicensable, Revocable, Non-transferrable License To: (I) Access And Use The Applications On Your Personal Device Solely In Connection With Your Use Of The Services Which Shall Include Printing, Downloading, Reproduction And Display Of Images For The Purpose Of Private, Non-Commercial, Gratuitous Use Without Remuneration (Commercial Use Shall Be Limited To Third Party Providers That Have Been Granted Express Written Permission); And (II) Access And Use Any Content, Information And Related Materials That May Be Made Available Through The Services. Any Rights Not Expressly Granted Herein Are Reserved By The Company.
Restrictions. You May Not: (I) Remove Any Copyright, Trademark Or Other Proprietary Notices From Any Sections Of The Services; (II) Reproduce, Modify, Prepare Derivative Works Based Upon, Distribute, License, Lease, Sell, Resell, Transfer, Publicly Display, Publicly Perform, Transmit, Stream, Broadcast Or Otherwise Exploit The Services Except As Expressly Permitted In By A Written Agreement By The Company Or As Per The Design Of The Aplications; (III) Decompile, Reverse Engineer Or Disassemble The Services; (IV) Link To, Mirror Or Frame Any Portion Of The Services; (V) Cause Or Launch Any Programs Or Scripts For The Purpose Of Scraping, Indexing, Surveying, Or Otherwise Data Mining Any Portion Of The Services Or Unduly Burdening Or Hindering The Operation And/Or Functionality Of Any Aspect Of The Services; Or (VI) Attempt To Gain Unauthorized Access To Or Impair Any Aspect Of The Services Or Its Related Systems Or Networks.
Provision Of Services. You Acknowledge And Accept The Services May Be Made Available Under Such Brands Or Request Options By Or In Connection With: (I) The Company's Subsidiaries And Affiliates; Or (II) Independent Third Party Providers, Including But Not Limited To Developers And Designers.
Third Party Services And Content. The Services May Be Made Available Or Accessed In Connection With Third Party Services Such As, But Not Limited To, Social Media Platforms, And Content (Including Advertising) That The Company Does Not Control. You Acknowledge That Different Terms Of Use And Privacy Policies May Apply To Your Use Of Such Third Party Services And Content. The Availability Or Access To Their Party Services And Content Does Not Constitute An Endorsement Of Such Third Party Services And Content And In No Event Shall The Company Be Responsible Or Liable For Any Products Or Services Of Such Third Party Providers. Furthermore, These Third Party Beneficiaries Are Not Parties To This Terms Of Use And Are Not Responsible For The Provision Or Support Of The Services In Any Manner. Your Access To The Services Using Third Party Services And Content Including Their Devices Is Subject To Terms Set Forth In The Applicable Third Party Beneficiary's Terms Of Service.
Ownership. The Services And All Rights Therein Are And Shall Remain The Company's Property. Neither These Terms Of Use Nor Your Use Of The Services Convey Or Grant To You Any Rights: (I) In Or Related To The Services Except For The Limited License Granted Above; Or (II) To Use Or Reference In Any Manner The Company's Or Its Affiliates' Names, Logos, Product And Service Names, Trademarks Or Services Marks.
Intellectual Property Rights. You Acknowledge And Accept All Intellectual Property Rights In The Images In The Services And The Company's Products As Owned By The Company And/Or Licenced To The Company ("Protected Materials"). You Acknowledge And Accept That You Have No Intellectual Property Rights In The Services Or The Company's Products And Accordingly Shall Not Submit Any Claims To That Effect.
Uploaded Images. You Declare That All Images Uploaded By You In Relation To The Use Of Services From Your Account (As Defined Below) Are (I) Copyright Material Owned By You, Copyright Material That Has Been Licensed To You By The Copyright Owner And/Or Copyright-free Material, (II) Shall Not Be Offensive, Vulgar, Obscene, Pornographic Or Otherwise Illegal Or Unsuitable Or Manner And/Or (III) Entails A Risk Of Infringing The Rights Of Any Parties. In The Event Uploaded Images Are Deemed To Be Unsuitable By The Company, You Accept The Company Reserves The Right To Shall Request Deletion Of The Uploaded Images And You Shall Immediately And Unreservedly Comply With Such Requests Or The Company May Remove The Uploaded Images Without Notification To You. Furthermore, The Company Reserves The Right To Suspend Your Account (Defined Below) Indefinitely, Delete The Account And/Or Bar You From Creating A New Account In The Future.
You Acknowledge And Agree To Defend, Indemnify And Hold Harmless The Company, From And Against Any And All Claims, Damages, Obligations, Losses, Liabilities, Costs Or Debt, And Expenses (Including But Not Limited To Legal Fees) Arising From: (I) Your Use Of And Access To This Site Including Any Information Therein And Any Protected Materials; (II) Your Violation Of Any Term Of These Terms Of Use; (III) Your Violation Of Any Third Party Right, Including Without Limitation Any Copyright, Property, Or Privacy Right; Or (IV) Any Claim That Your Usage Of Information On The Services Caused Damage To A Third Party. This Defence And Indemnification Obligation Will Survive This Terms Of Use And Your Use Of The Services.
User Accounts. In Order To Use The Services, It Is Necessary To Register For And Maintain An Active User Services Account ("Account"). Upon Registration Of An Account, You Are Declaring You Are At Least 18 Years Of Age, Or The Age Of Legal Majority In Your Jurisdiction (If Different Than 18), To Obtain An Account. Account Registration Requires You To Submit Personal Information, Such As But Not Limited To Your Name, Email Address, And Mobile Phone Number. You Agree To Maintain Genuine, Accurate, Complete, And Up-To-Date Information In Your Account And Failure To Do So Many Automatically Invalidate The Account And/Or Terminate The Services Provided To You. You Are Responsible For All Activity That Occurs Under Your Account, And You Agree To Maintain The Security And Secrecy Of Your Account Username And Password At All Times.
User Requirements. The Service Is Not Available For Use By Persons Under The Age Of 18. You May Not Authorize Third Parties To Use Your Account. You May Not Assign Or Otherwise Transfer Your Account To Any Other Person Or Entity. You Agree To Comply With All Applicable Laws When Using The Services. You Will Not, In Your Use Of The Services, Cause Nuisance, Annoyance, Inconvenience, Or Property Damage, Whether To The Third Party Provider Or Any Other Party.
Network Access And Devices. You Are Responsible For Obtaining The Data Network Access Necessary To Use The Services And You Accept You Are Responsible For All Wifi And Data Rates And Charges Associated With Access Or Use The Service. Where Necessary, You Are Responsible For Acquiring And Updating Compatible Hardware Or Devices Necessary To Access And Use The Services And Applications And Any Updates Thereto. The Company Is Not Responsible For Ensuring (I) The Services, Or Any Portion Thereof, Will Function On Any Particular Hardware Or Devices And (II) The Services May Be Subject To Malfunctions And Delays Inherent In The Use Of The Internet And Electronic Communications.
Charges. The Company Does Not Charge The Use Of The Service. You Understand That Any Services Provided To You By Third Party Providers May Result In Charges To You And All Applicable Payments Shall Be Settled With The Third Party Providers Directly. The Company Bears No Responsibility For The Services Of Any Third Party Providers And You Understand And Accept The Contractual Relationship Shall Be Solely Between Yourself And The Third Party Provider.
Personal Data. You Have Read, Understand And Accept The Access, Use Of The Services And/Or The Creation Of An Account Shall Result In Below Detailed Activities And You Hereby Grant Your Express Consent For, But Not Limited To, The Active And Passive Collection, Data Analytics, Disclosure, Storage Including Storage On Cloud Services, And International Transfer Of Your Personal Information (As Defined Below):
Active Collection Of Personal Information. Personally Identifiable Information May Be Collected Through The Service, Such As Name, Address, Telephone Number, Email Address Or The Like, And Other Information That May Enable Identification Of A Specific Individual That Is Using The Services ("Personal Information");
Passive Collection Of Personal Information. The Service May Passively Collect Certain Kinds Of Personal Information Using "Cookies" Which Are An Industry Standard Technology For The Identification Of The Computer Of A Customer On A Web Server Or An Application And Enable A More Convenient Use When Accessing The Service On Subsequent Occasions. Cookies Can Store Information Such As Ip Addresses, Navigational Data, Server Information, Data Transfer Times, User Preferences. A Cookie May Be Stored As A File In The User Disk As A Small Amount Of Information That Is Sent To The Hard-disk Or The Browser Of The Individual From The Web Server Or Applications. Although The Cookie Can Be Used To Identify The Individual's Device, The Individual Themselves Cannot Be Identified As Long As The Personal Information Of The Individual Is Not Inputted. Other Methods To Collect Personal Information Passively Include Internet Protocol (Ip) Addresses And Log Files To Identify Server Problems, To Improve Site Content, And Compile Aggregated Statistics About The Services Usage And Click-stream Data. The Company Reserves The Right To Introduce New Passive Tracking Technologies And Techniques Related To The Use Of The Site, Although We Will Do So Subject To And In Accordance With Applicable Data Protection Laws And Regulations;
Use Of Personal Information And Provision Of Personal Information To Third Parties. Personal Information Collected In The Service May Be Used By The Company For Data Analytics To Generate Value-added Services Of Interest To The User In Relation But Not Limited To The Company's Products, To Generate Materials And Catalogues Related To Company Products If So Requested In The Future, The Provision Of An Optimal Plan In Relation To Company Products With Third Party Providers, And/Or Provision Of Information (Mailed Magazine And The Like In Relation To Company Products) By Direct Mail Or Email. Furthermore, The Company May Engage A Third Party To Use, And/Or Provide Access To A Third Party To Use The Personal Information For Data Analysis;
Scope Of Disclosure Of Personal Information. Except For Either One Of The Following Circumstances, Personal Information Will Be Not Disclosed Or Provided To A Third Party Providers Or Other Third Parties:
When Required For The Protection Of The Life Or The Property Of A Person, Or In The Public Interest, And There Is Difficult In Obtaining The Consent Of The Customer;
When Cooperation Is Required For Performance Of Duties By A National Institution Or Regional Authorities As Determined By Law Or Regulation, And There Is A Risk Of Impediment To Such Duties By Reason Of Obtaining Consent In Relation To The Personal Information Itself; And/Or
When Required By Law Or Regulation. Without Derogating From The Foregoing, You Hereby Acknowledge And Fully Consent That The Company May Be Required To Store And Provide Personal Information To The Competent Authorities And Its Regulations (And Their Amendments As The Case May Be), As Applicable, Without Obtaining Your Prior Consent;
Management Of Personal Information. Pursuant To Applicable Local Regulations, The Company Shall Maintain Reasonable Technical And Organizational Measures To Protect Personal Information Against Accidental Or Unlawful Destruction Or Accidental Loss, Alteration, Unauthorized Disclosure Or Access. Unfortunately, No Information Security System Can Be 100% Secure. As A Result, Although The Company Strive To Protect Your Personal Information, The Company Cannot Ensure Or Warrant The Security Of The Personal Information Against Any Possible Loss, Unauthorized Access, Leakage, Destruction Or Alteration. In Relation To The Account, No Responsibility Shall Be Accepted By The Company For Damage Arising From The Unauthorized Use Of Usernames And/Or Password. Furthermore, Use Of An Usernames And/Or Password May Be Stopped In The Event Of Registration Of False Information Or Information Relating To Another Person;
International Transfer. Any Personal Information Obtained In Connection With The Service May Be Shared With Third Party Providers Or Other Third Parties In Any Other Location As Appropriate For The Purposes Described In This Privacy Policy. Such Jurisdictions Might Not Provide An Equivalent Level Of Protection As The Data Protection Laws In Your Home Country. Your Access, Use Of The Service And/Or Submission Of Any Personal Information Will Therefore Constitute Your Consent To These Transfers; And
Disclosure, Alternation, Addition, Cessation Of Use, And Deletion Of Personal Information. Please Contact The Company Directly In Relation To A Request For The Disclosure, Alternation, Addition, Cessation Of Use, Or Deletion Of Personal Information Held By The Company. In View Of Maintaining Accuracy And Security And Preventing Leakage Of Personal Information, In The Absence Of A Special Procedure Pursuant To Law Or Regulation, Any Necessary Confirmation Shall Be Conducted Without Delay. In The Event Of Non-performance Or Delay In Completing A Request Herein, The Company Will Strive To Provide An Explanation For The Reason.
Disclaimers; Limitation Of Liability; Indemnity.
Disclaimer.
The Company Is Not Responsible For Any Errors Or Omissions In The Services And All Information In The Service Is Provided "As Is", With No Guarantee Of Completeness, Accuracy, Timeliness Or Of The Results Obtained From The Use Of This Information, And Without Warranty Of Any Kind, Express Or Implied, Including, But Not Limited To Warranties Of Performance, Timeliness, Quality, Suitability Or Availability Of The Services, Non-infringement, Fitness For A Particular Purpose, Or That The Services Will Be Uninterrupted Or Error-free. You Agree That The Entire Risk Arising Out Of Your Use Of The Services, And Any Service Or Good Requested In Connection Therewith, Remains Solely With You.
Limitation Of Liability.
The Company Shall Not Be Liable For Indirect, Incidental, Special, Exemplary, Punitive Or Consequential Damages, Including Lost Profits, Lost Data, Personal Injury Or Property Damage Related To, In Connection With, Or Otherwise Resulting From Any Use Of The Services, Even If The Company Has Been Advised Of The Possibility Of Such Damages. The Company Shall Not Be Liable For Any Damages, Liability Or Losses Arising Out Of: (I) Your Use Of Or Reliance On The Services Or Your Inability To Access Or Use The Services; Or (II) Any Transaction Or Relationship Between You And Any Third Party Provider, Even If The Company Has Been Advised Of The Possibility Of Such Damages. The Company Shall Not Be Liable For Delay Or Failure In Performance Resulting From Causes Beyond The Company's Reasonable Control. In No Event Shall The Company's Total Liability To You In Connection With The Services For All Damages, Losses And Causes Of Action Exceed Five Hundred United States (USD500).
Indemnity.
You Agree To Indemnify And Hold The Company And Its Officers, Directors, Employees And Agents Harmless From Any And All Claims, Demands, Losses, Liabilities, And Expenses (Including Legal' Fees) Arising Out Of Or In Connection With: (I) Your Use Of The Services Or Services Or Goods Obtained Through Your Use Of The Services; (II) Your Breach Or Violation Of Any Of These Terms; Or (III) Your Violation Of The Rights Of Any Third Party, Including Third Party Providers.
Notice. The Company May Give Notice By Means Of A General Notice On The Services Or By Electronic Mail To Your Email Address In Your Account. You May Give Notice Or Seek Details On Your Personal Information By Written Communication By Contacting Customyspace-support@lixil.com.
Assignment. You May Not Assign Or Transfer These Terms Of Use In Whole Or In Part Without The Company's Prior Written Approval. You Give Your Approval To The Company To Assign Or Transfer These Terms Of Use In Whole Or In Part, Including To: (I) A Subsidiary Or Affiliate; (II) An Acquirer Of The Company's Equity, Business Or Assets; Or (III) A Successor By Merger. No Joint Venture, Partnership, Employment Or Agency Relationship Exists Between You, The Company Or Any Third Party Provider As A Result Of The Contract Between You And The Company Or Use Of The Services.
If Any Provision Of These Terms Is Held To Be Illegal, Invalid Or Unenforceable, In Whole Or In Part, Under Any Law, Such Provision Or Part Thereof Shall To That Extent Be Deemed Not To Form Part Of These Terms But The Legality, Validity And Enforceability Of The Other Provisions In These Terms Shall Not Be Affected. In That Event, The Parties Shall Replace The Illegal, Invalid Or Unenforceable Provision Or Part Thereof With A Provision Or Part Thereof That Is Legal, Valid And Enforceable And That Has, To The Greatest Extent Possible, A Similar Effect As The Illegal, Invalid Or Unenforceable Provision Or Part Thereof, Given The Contents And Purpose Of These Terms. These Terms Constitute The Entire Agreement And Understanding Of The Parties With Respect To Its Subject Matter And Replaces And Supersedes All Prior Or Contemporaneous Agreements Or Undertakings Regarding Such Subject Matter. In These Terms, The Words "Including" And "Include" Mean "Including, But Not Limited To."
Applicable Law And Jurisdiction. The Interpretation And Application Of The Use Of The Services And The Conditions Of Use Are Governed By The Laws And Regulations Of India. Any And All Disputes Conflict, Claim Or Controversy Arising Out Of Or Broadly In Connection With Or Relating To The Services Or These Terms Of Use, Including Those Relating To Its Validity, Its Construction Or Its Enforceability Shall Be Governed By The Exclusive Jurisdiction Of The Courts In Delhi.