DEFINITION: Terms of service is the legal agreement between a service provider and a person who wants to use that service. The person must agree to abide by the terms of service in order to use the offered service.
Client: An organisation using the services of NAYAN Cam.
User: A User is someone who uses NAYAN Cam’s services.
Personal Information: It is the information identifiable to any person, including, but not limited to, information that relates to a person’s name, business, addresses, telephone number or other identifying numbers. NAYAN Cam will use user’s personal information strictly in accordance with this Terms of Service.
Acknowledgement
By using, accessing, downloading or registering with our products, services, platform or mobile application for any general or specific purpose you agree to abide by the general terms and conditions set forth by this Agreement. These terms and conditions shall also include any additional or modified terms and conditions in relation to the NAYAN Cam’s product and services. If at any point in time you do not wish to be bound by NAYAN Cam’s terms and conditions then you may not use our products and services and your service will be immediately terminated. Your agreed usage of our product makes you liable to follow the terms and conditions mentioned in this Agreement. Accepting or consenting to the terms and conditions will comprise a legitimate contract (hereinafter Agreement) between you, with minimum 18 years age as an individual user of the NAYAN Cam’s product and services. The usage of NAYAN Cam’s Products and Services by you is subjected to your adherence with the terms & conditions of this Agreement. As long as you adhere to this Agreement, NAYAN Cam provides you with a personal and non-transferrable privilege to use and avail our services.
Connectivity and Availability
Our Products and Services will require certain input parameters to perform hassle-free including an active internet connection and live power supply. You need to ensure that the data plan and service is compatible with the NAYAN Cam product you want to use. The user shall be solely responsible if he is not able to utilize full features of his subscription plans owing to non-availability of necessary input parameters as stated and required by the product. Some products and services may be offered for a limited time or might require you to upgrade your current subscription. In addition, if the purchased product or service is located in an area where the internet and data services are partially or fully inaccessible then NAYAN Cam would not be responsible for any corresponding loss of product features and services. You are also responsible for any charges you may incur on the product resulting from the transmission of data online or cost of internet services. You acknowledge that you are responsible for any such costs incurred.
Information We Collect
When a user installs NAYAN Cam’s applications or interacts with us via emails, telephone calls or other correspondence, we may ask the user to voluntarily provide us with certain basic information that personally identifies him or could be used to personally identify him. You hereby consent to the collection of such information by NAYAN Cam. Without prejudice to the generality of the above, information collected by us from you may include contact data (such as email address, phone number and name). When you create a NAYAN Cam account, we collect and store your email address. From that point forward, your email address is used for communications from NAYAN Cam. When you install the NAYAN Cam mobile application, you will be asked with certain basic permission to access photos, media, and files of the device.
Our goal of collecting information is to provide with the best customer experience possible by communicating with you regarding service updates; Providing, processing, maintaining, improving, and developing our goods and/or services to you, and services provided by NAYAN Cam; communication with user, or any general queries, such as updates, customer support, related information, and notices; Conducting marketing related activities, such as providing marketing and promotional materials and updates; analysing and developing statistics on use of our products and services to better improve our products and services; investigating or taking action regarding illegal activities or violations of our Terms of Use or other policies.
Data Management
You are solely responsible for the data and personal information shared by you at our platform while availing our products and services. You are responsible for the protection of your personal data like login id, password, and other sensitive information. If you decide to share your account details with your family or friends then you have the full responsibility of the personal details you give them access to. In case of returns or un-subscription of or from any product or service, you are responsible for erasing all your personal data in your account and the data stored on your Product to the cloud. You are solely liable for storing and managing the data and information that is stored on your Product or via your Services.
We are not responsible for the loss or management of such data.
Transfer of Ownership
On receipt of the product by you, the Product shall be deemed to have been owned and accepted by you in good condition and will be liable to the terms and conditions of this Agreement, unless otherwise notified to the NAYAN Cam team for any irregularities with the product within one week of purchase and such notification is acknowledged in writing within two days by the NAYAN Cam team. The user shall not be entitled to withhold any payment while any complaint is being resolved or any claim is being investigated. Any returns will be covered under our “Return Policy”. Products returned under our policy shall not be damaged and shall be as-new-as or as-shipped-by NAYAN Cam. All the accessories accompanying the main product like manuals, power cables, or other items included with the Product, must be returned with it.
Installation and Use
You agree and acknowledge that our Product is a Do-It-Yourself product and you are solely liable for the decisions you take as an individual related to the installation and use of the Products and Services. This includes, but not limited to, following the installation guidelines for proper installation, selection of the installation location for the Product, availability of proper internet services for the product, availability of live power supply for the product, activation or deactivation of any additional product accessory sought with the Product, testing the product and ensuring that it is working fine and notifying NAYAN Cam of any discrepancies within one week of purchase, and compliance with all laws, rules, regulation, and/or ordinances.
You acknowledge that NAYAN Cam is not responsible for any discrepancies or improper functioning arising due to improper installation of the Product or incapability of the user to use the product correctly or in compliance with the laws, rules, regulations and/or ordinances. You as a user hereby, without limiting other sections in this Agreement, release NAYAN Cam from any damages, loss of data and information, improper functioning or expenses incurred resulting from or as a consequence of discrepancies related to the installation or use of the Products and Services.
Communications Policy
Acceptance of this Agreement states that you agree to the below terms and conditions:
NAYAN Cam may send alerts via email, text message, or by push notification to the email and/or number shared by you while opting for our Products and Services. These alerts will require your phone to have an active network service from a service provider and your phone settings should allow receipt of a text alert. While receiving email alerts you should ensure that the e-mail servers and e-mail id should be functional. For receiving alerts via push notification for the mobile application, the user should ensure supporting phone settings. If your phone or e-mail server is not aligned so as to receive the alerts from NAYAN Cam then you might receive a delayed message or might not receive any message at all.
We will try our best to notify you via text message, email or push notification on important data and information related to NAYAN Cam product. It shall be deemed that you have received the information shared via the alert through the email id and/or phone number shared with us while using our Platform or availing our Products and Services. We will not be responsible if due to any circumstances you are not able to receive the alerts from the NAYAN Cam team.
In any case of misuse or unlawful use of the Products and services at your end, misuse of the alert notifications, supply of fraudulent information from your end, sharing of incorrect number or sharing any third-party number other than yours, states that you indemnify and not hold NAYAN Cam or the email or text alert service-providers responsible for any kind of losses incurred. NAYAN Cam and its officials will be held harmless and non-liable for any damages, losses, claims, compensations, and expenses whatsoever including any sort of expenses incurred related to legal proceedings.
Product Dispatch & Delivery
Upon receiving any offer from a customer, we reserve the right to accept or reject the order. Acceptance of any order will only be considered from our end once the product is dispatched. NAYAN Cam shall deliver the product to the delivery designated by the customer as the “Billing Address” or “Place of Delivery”. NAYAN Cam shall try its best to deliver the products within the stated or proposed date of delivery but any such time commitments shall not be considered part of this Agreement. NAYAN Cam shall not be responsible for any delay or failure in the delivery of the said products or services. In consideration of continuous product updates or revisions in specifications in order to improve product performance, NAYAN Cam may modify or discontinue any existing product.
Termination in case of Violation
If you breach any of the terms and conditions stated by this Agreement or any other policy associated with the use of our Products and Services, NAYAN Cam, in its sole discretion, may suspend or terminate your account, permanently or temporarily, with or without notice. NAYAN Cam shall not be held liable for termination of your subscription or services and shall not retrieve or restore any stored or encrypted data after termination.
Overall Liability
NAYAN Cam shall provide support services for its outdated or out of warranty products, subject to part availability. In no event shall NAYAN Cam’s liability exceed the amount invoiced for the product or service purchased.
Limited Warranty
NAYAN Cam warrants to the owner of our Products, henceforth referred to as Device, that the Device will be free from defects in material and workmanship for one (1) year from the date of purchase. During this period, NAYAN Cam will, at its discretion, repair or replace the Device with a new or refurbished equivalent. This limited warranty applies only to the “Original Purchaser” and is non-transferable.
All replaced parts or equipment shall become the property of NAYAN Cam.
For further warranty information, contact us at info@nayantech.com
Ownership: Proprietary Rights
All products, services, visuals, graphics, software, code, and content of NAYAN Cam’s platform and mobile application are protected by Indian intellectual property laws. You agree not to modify, sell, distribute, or create derivative works without prior written consent from NAYAN Cam.
Changes in the Agreement
NAYAN Cam may update this Agreement at any time, with or without notice. Significant changes will be notified on our website or via email. Continued use of our services after such notification constitutes your consent to the revised terms.
Severability
If any clause or provision of this Agreement is held invalid or unenforceable, the remaining clauses shall remain unaffected and enforceable.