PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE PANASONIC SEEKIT APPLICATION. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (OR YOUR COMPANY/ORGANIZATION) AND PANASONIC INDIA PRIVATE LIMITED. BY DOWNLOADING THIS APPLICATION, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
END USER LICENSE AGREEMENT
SeekitTM Mobile Application ("Licensed Application") is designed to tag, connect and find your valuables, thereby making it easy for you to keep your belongings closer to you. When you download SeekitTM Mobile Application from Google Play (run by Google Inc.) or Apple App Store (run by Apple Inc.), you agree that this application is licensed, not sold, to you from Panasonic India Private Limited (“Licensor”), provided that you agree to and wish to be bound by the terms of this End User License Agreement (“Agreement”). Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this Agreement.
Scope of License:
This license granted to you for the Licensed Application by Licensor is limited to a non-transferable license to use the Licensed Application downloaded on your mobile device running on Android OS or iOS (collectively, “Device(s)”) . This license does not allow you to use the Licensed Application on any other Device that you do not own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Application and, if you sell your Device to a third party, you must reset device to factory default or remove the Licensed Application from your Device before doing so. You may not copy (except as expressly permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, any part, or any derivative works thereof (except as any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
You need to sign up for this application before you start using benefits of this Application. You are advised not to use this Service (defined in below) in a way other than intended personal use on your personal device, as communicated by Licensor. In the event of misuse, misconduct or non-compliance, Licensor have right to suspend or stop Services to you.
Consent to Use of Data:
You agree that Licensor may collect and use device usage data, technical data and related information, including but not limited to location data, technical information about your equipment, device, system and Licensed Application software, and peripherals (including but not limited to usage history such as recording, playback or sending) that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Creating an account
In order to use certain features of our Services, you must have an account with us. By creating an account, you represent that:
- you accept the Terms of this agreement,
- all required information you provide is truthful and accurate
- You are 18 years of age or older
- You are capable of entering into a legally binding agreement; and
You are responsible for maintaining confidentiality of your password and for any and all use of your account. You are responsible for the content, such as any text, images and other material and information, that you upload or post through SeekitTM Mobile Application or Website (your “Content”), and its legality, reliability, and appropriateness. You should only upload or post content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services.
You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms. We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
You agree not to do any of the following:
- Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
- Intercept or "sniff" the communication packets between the SeekitTM hardware and mobile devices or attempt to reverse engineer the SeekitTM Bluetooth Low Energy profile or;
- Access, tamper with, or use non-public areas of the Services, SeekitTM computer systems, or the technical delivery systems of SeekitTM providers;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SeekitTM or other generally available third party web browsers;
Submit or transmit any Content that:
- infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
- promotes illegal or harmful activities or substances;
- Violate any applicable law or regulation, including by stalking, harassing , or tracking others for unlawful or criminal purposes.
- Encourage or enable any other individual to do any of the foregoing.
This application allows you to purchase new Seekit devices wherein a secure 3rd party payment gateway shall ask for relevant information such as preferred payment method (e.g., credit card, online payment service, or any other payment method made available by respective 3rd party payment gateway) (the “Payment Method”). If you provide your payment information, you authorize such 3rd party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You represent and warrant that you have the legal right to use your selected Payment Method and any payment information provided by you. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via email@example.com
Alerts and Notifications
SeekitTM Mobile application, upon your enabling of such alerts or notifications, may receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the Application ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.
The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
Services and Third-Party Materials
The Licensed Application may enable access to Licensor's and/or third-party services and websites (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms. You agree that you may not use the Services without acceptance of such additional terms.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor, and its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. The Licensor does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by any Services.
You agree that the Services contain proprietary content, information and material that is owned by Licensor and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this license or that infringes any intellectual property rights of a third party, the Licensor. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Licensor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location except than those declared by Licensor through marketing collaterals in respective markets. To the extent you choose to use or access such Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, terminate, or disable access to any Services at any time without notice. In no event will Licensor be liable for the removal of, termination of or disabling of access to any such Services. Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, THE WARRANTY FOR SEEKIT DEVICE IS LIMITED TO THE ONE STIPULATED IN THE FOLLOWING URL. Limited Warranty Terms and Conditions
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law and Indian law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
As the Services continue to evolve, Licensor at its sole discretion, may modify the terms and conditions of this Agreement from time to time with or without prior notice to you by providing you with such modified terms and conditions of this Agreement. By using this application after such providing, you agree to such modified terms and conditions of this Agreement. If you don’t agree to be bound by the modified Terms then you may no longer use the Services.
The security procedures adopted by us to protect your personal information and our privacy policies concerning the manner in which we deal with your personal information shall constitute “reasonable security practices and procedures” under section 43A of the Information Technology Act, 2000 and the rules passed by the central government in this regard shall not be applicable”
These Terms shall be governed by the laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement. YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
© Panasonic India Private Limited, 2018
12th Floor, Ambience Tower, Ambience Island, NH-8, Gurgaon-122002, Haryana, India