AGREEMENT TO USE HERO’S PRODUCTS AND SERVICES
The usage of any HERO product, device, service or mobile application by you implies that you hereby agree to the following terms and conditions, including any future updates or amendments these terms and conditions will be subjected to. We understand that you specifically acknowledge the stated terms and conditions mentioned in all sections of this agreement before you use any HERO’s product and service including the products offered at the website, purchase of plans and services, availing subscription services, uploading data, browsing or accessing website or any other service offered by HERO or its platform. You are requested to read and understand all the sections carefully in order to understand our policies on communication, dispute resolution, agreement violations, warranties and disclaimers. To avoid any doubts, it is stated that the terms and conditions in this agreement shall apply to HERO products and services, offered by us directly or through our affiliates.
Terms & Conditions
1. Definitions
This section will decide and define certain specific terms used throughout this Agreement.
“Agreement” shall refer to this agreement,
“Company” and/or “HERO” shall refer to and include Hero Electronix Private Limited, its owners, chairpersons, directors, employees, officers, partners, subsidiaries, shareholders, contractors, sub-contractors, dealers, distributors, retailers, agents, and assigns,
“You” or “your” shall refer to individual(s) or group(s) who directly or indirectly purchase, acquire and use HERO’s products and services,
“Hero” “Our” ‘we’’ or “us” shall refer to and include Hero Electronix Private Limited, shareholders and associated partners and subsidiaries,
“Product” shall refer to HERO products mentioned in our portfolio online or offline such as security cameras and their associated sensors or those that will be introduced in the future,
“Services” shall refer to any free or paid subscription offered by us online or offline, functionalities through mobile application and associated product and customer 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 HERO product and services or any future product or service that might be offered by HERO or its platform. If at any point in time you do not wish to be bound by HERO’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 client of the HERO product and services or any other client or recipient of the HERO Services, and HERO. All administrations are rendered by HERO through the HERO Platform under the brand name "HERO " (or any subordinates or varieties thereof). Therefore, every one of the rights, advantages, liabilities and commitments under this agreement will, by and large, gather to the advantage of, or acquired by, HERO, with respect to your utilization of HERO 's products and services offered by HERO or its platform. The usage of HERO 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, HERO provides you with a personal and non-transferrable privilege to use and avail our services.
Permitted Use
Our Products & Services are not meant to be explored by anyone under the age of 18. Your use of Products & Services states that you are 18 years or older or using the product under supervision of your parent or guardian who agrees to be bound by the terms of this Agreement. You represent and warrant that you have the full authority to enter into this agreement with HERO and that in doing so you are not violating any terms and conditions you are already party to. You further agree to use the product in complete compliance with all the subjected and applicable laws. By agreeing to this Agreement or by generally utilizing the HERO Services on the HERO Platform, you declare that you are 18 years or older and have not been recently suspended or prohibited by HERO from profiting its products and services or utilizing the HERO Platform. Furthermore, you acknowledge and warrant that you have the right, expertise and ability to go into this Agreement and to comply with all the terms and conditions of this Agreement.
For accessing all the features of our products and services, user has to register at our platform with a unique user name. For better experience, you are requested to read the instructions available on the product online or offline.
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 HERO product you want to use. The user shall be solely responsible if he is are 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 HERO 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.
Acceptance of Data Sharing Practices (Privacy Policy)
As a user of HERO’s product and services, you acknowledge that HERO may record, collect, use or share certain information shared by you voluntarily or on being requested. This information includes, but is not limited to, your personal information such as name, number, address, IP address, device settings, device location, credit card details or any other reasonable data. On enabling certain product features or opting for certain paid subscription plans by you, we might further collect certain information specifically required to provide you with the requested product feature or subscription plan such as precise device location, power status, system storage status, cloud data used, app usage details, power status and/or error logs. Your audio and video will also be captured, encrypted and stored with us based on the subscription plan chosen by you. We are free to eliminate the stored data once your service end and we find the data obsolete. For more details, please refer to our Privacy Policy.
You are solely responsible for the information you share with us or any third-party associates that might facilitate product and services that interact with HERO’s products and services. The information shared by these third-parties will be subjected to their website’s privacy policy and HERO will have no control, whatsoever, on the data shared by you.
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.
Pricing and Payment
Pricing for our products and services is quoted in Indian Rupees (INR) and any kind of payments or transaction with our platform can only be accepted in Indian Rupees. Prices mentioned on the website or any other online or offline source might be subjected to Goods Service Tax (GST) or any other tax in compliance with the guidelines of the government. You can opt to pay via your VISA or Mastercard, cash payment or by using any third-party payment gateway (Razor Pay or any other opted platform) integrated with our Product and Services. In case of international credit cards, the transaction might be subjected to currency conversion charges based on your bank’s credit card policy. Your order will only be confirmed once the payment is processed (only in case of cashless transactions) and you receive a formal order confirmation from HERO. All products and services offered by HERO can be availed by a user. Your order for purchase upon finalizing a product constitutes your offer you send to HERO which will be subjected to the terms and conditions mentioned herein.
HERO reserves the right to accept or cancel your order partly or fully,
Our acceptance of an order does not make us liable to provide you the product. Dispatch of your product is subjected to certain parameters like availability of the product with us, accessibility of your location to us to deliver the product or any other necessary condition. Our acceptance of the order will only be specified by the dispatch of the product requested by you from our end,
In some cases, part of your order might not be immediately available with us, in those case we reserve the right to update you on the availability to seek a new delivery date or cancel the pending order altogether,
We will notify you via suitable means such as email alert or SMS alert once the product is dispatched for delivery and that shall be deemed as acceptance of your order from HERO,
HERO has tried its best to specify and display accurate data and product images on the website. However actual products might vary a little from the one displayed on the website,
In case of any failed transaction via a card transaction or through a third-party payment gateway, where the amount is deducted from your account but not credited to HERO’s account, HERO shall not be held responsible for any refund obligations by the user. Any refund, payment charges, card charges or any other involved expenses shall be taken care by your respective bank or the third-party payment gateway (Razor Pay or any other opted platform) you are using.
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 HERO team for any irregularities with the product within one week of purchase and such notification is acknowledged in writing within two days by the HERO 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 HERO (or HERO products). 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 HERO of any discrepancies within one week of purchase, and compliance with all laws, rules, regulation, and/or ordinances. While using the product you agree and acknowledge that:
The Product is intended to be used as a monitoring device for personal use only. The Product does not provide any in-house or third-party alarm monitoring services. This is not intended to be used as a safety device,
The Product does not alert, signal or trigger any kind of response via panic buttons, sirens, smoke detectors, motion sensors or doorbells,
The Product is intended for non-time critical control and management of data and information,
You are solely responsible for responding to any email alert, SMS, push notification or any other alert, including communication with HERO or any other appropriate authority associated with the Product.
You acknowledge that HERO 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 HERO 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:
HERO may send alert 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 alert 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 HERO 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 HERO 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 HERO team. This might include non-availability of an active network or internet services on your device, receipt of the alert by any other person associated to you, or any other reasonable condition,
Please understand that sharing of information via alerts might be subjected to error, omission or inaccurate information based on certain factors, such as error while information compilation, typo-error or any other uncontrollable factor. This is an additional facility provided by HERO for your convenience and it is your responsibility in case you observe any error or discrepancy in the information shared, to immediately notify HERO and we shall make the best efforts to rectify the issue at hand. HERO shall not be responsible for any loss, damage, claim, expense and/or legal cost arising out of your usage of the alert facility by us,
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 HERO or the email or text alert service-providers responsible for any kind of losses incurred. HERO 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.
Other Customer Responsibilities and Duties
By agreeing to this Agreement, the user agrees to below terms and conditions:
The Product is deemed to be used for personal use only, not for commercial use or any other use for the benefit of any third-party,
The user is responsible for compliance with the laws, rules, regulation and/or ordinances relevant to the use of the Product, including but not limited to privacy rights, data sharing policy, videos and audio recordings, surveillance or any other activity associated to the use of the Product,
You are responsible to access the Product website and mobile application from a trusted source and keep your login detail, password and other personal information safe from being misused by any other individual(s) or third-party,
You agree to fully indemnify HERO and waive any claims against it or its related associates in case you fail to comply the above stated conditions.
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. HERO shall deliver the product to the delivery designated by the customer as the “Billing Address” or “Place of Delivery” while sharing his personal information. In case the order is shipped in parts then a different delivery policy and schedule will be applicable to the part orders processed separately. The delivery of any multiple parts of a single order shall be free of any terms and conditions stated on any individual part delivery or a previously delivered or a non-delivered part. HERO 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. HERO shall not be responsible in any delay or failure in the delivery of the said products or services, whatsoever the reason may be. In consideration of the continuous on-going product update or any revision in specifications in order to improve the product performance and provide our users with a better experience, HERO shall modify or discontinue any existing product in its portfolio. We will try to ensure that the revised products have the specifications and features of the product ordered by the customer. However, it is possible in some cases that our policy might result in slight differences between the specification & features delivered to the customer as compared to the specifications & features ordered by the customer. Some of the products might altogether be discontinued from being manufactured and the HERO group can no longer provide the customer with the requested configuration, in such cases HERO group will not be held responsible for fulfilling any such customer order or request. In any other discrepancies arising out of reasons like pricing error, unsuccessful attempt at purchase or the product being unavailable with HERO, HERO group cannot be held liable in any form whatsoever. HERO will try to contact the customer via suitable means and update them on the suitable alternatives to the products ordered by them.
Software License
The software embedded or associated with the Product is owned by HERO or our business partners and it is only licensed, not sold to you. Product software includes but not limited to embedded software, associated third party software, documentation, data, interface or any other content accompanying your product. Subject to terms and conditions stated in this Agreement HERO allows you to select and use our services or mobile application for a limited time based on your ongoing subscription plan. You have a grant for this period to a limited, non-licensable and non-exclusive license to use, install, run and access a copy of our Product software on your purchased product or on your mobile phone solely for the purpose of personal and non-commercial purposes. Our services might come integrated with third-party software, in which case the terms of that product’s software license shall govern the appropriate way and conditions to use the product. HERO reserves the right to shut down or discontinue our products or platform without any prior notice. In any such event, HERO shall not be held responsible for any loss of information whatsoever.
Unsupported Conduct
By accepting the terms and conditions of this agreement, you agree not to:
Violate the terms and conditions of this Agreement,
Share false or fraudulent information while logging in or opting for our Products and Services,
Violate HERO’s or any third-party’s right to privacy or publicity and intellectual property rights,
Use HERO’s services including, but not limited to, our Product and Services, platform or mobile application in any manner that might damage, deform, impair or overburden it,
Use any automatic device or manual process to monitor or copy HERO’s platform or its stored data without any prior written consent,
Use any device to bypass, interfere or attempt to interfere with our Products and Services,
Indulge in any actions that might overload HERO’s infrastructure or network with unreasonable huge amounts of data,
Sell or share the data stored on our network, unless you have a prior written permission,
Share or transmit any data, message, image or video which is defamatory, derogatory, offensive or vulgar in nature, infringing rights of an individual(s) or a group(s) or association(s),
Refuse to cooperate to provide confirmation or help with an ongoing investigation regarding your true identity or the personal information shared by you with HERO,
Propagate or share false, defaming, incorrect or misleading information,
Avail HERO’s Products or Services with what we believe or come to discover as potentially fraudulent funds,
Sell our Products and Services or data, information or software details associated with or derived from it,
Share or transmit any message or data which is derogatory, defamatory or which shares or discloses the personal and private matters of any individual(s),
Remove, disable, distort or otherwise interfere with security related features or other features that puts a limitation on the use of our products, services or platform,
Interfere or interrupt with our Products, Services, platform or associated networks,
Use our products with any third-party accessories. You should only use HERO’s genuine accessories with the products for the purpose of charging the product, use of any additional sensor or any other related product specific requirement,
Take any action that infringe our rights and rights of our associated business partners or lead to loss of any kind of services from our business partners such as mobile operators, telecom operators, payment processors or other suppliers,
Send or transmit an automated request of any kind via our products and services, without any prior written consent from us,
Breach this Agreement or any other Policy related to usage or purchase of our Products and Services.
Termination in case of Violation
If in any scenario or circumstance, 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, you concur that HERO, in its sole discretion, for a specific or no reason, and without any kind of penalty, might suspend or terminate your account or part of your account with HERO permanently, or until further notice, at any time. HERO reserves the right to also not grant you access to any of our Product and Services fully or partly thereof, with or without any prior notice. You agree that in scenarios of the termination or suspension of your account or a part of it thereof, your user profile or your recipient profile based on the breach of this agreement or on account of any inappropriate and unlawful activity, HERO shall not be held liable for the termination of your subscription or services. We also hold no responsibility for retrieving your stored and encrypted data with us. We reserve the right to permanently delete your data stored on cloud if we find it obsolete. Any suspected illegal, fraudulent, abusive or offensive activity shall be accounted as inappropriate and unlawful. These terms and conditions and associated remedies are in addition to any other solutions and remedies HERO has defined in law or in equity. Upon termination of your account, you shall immediately stop using our Products and Services. HERO will not be held accountable to compensate for any loss, damage or non-availability of your data including any legal expenses incurred by you in this respect.
Limitation of Liability, Waiver and Liquidated Damages
HERO provides you with Product and Services you choose. You acknowledge and warrant that we are not insurers and nor is the Agreement should be considered as an insurance policy or a substitute of an insurance policy for the product. You understand and agree that HERO and our products does not provide a guaranteed protection against robbery, theft, burglary, fire, smoke, natural calamity, property damage, physical injury or any other type of damage or emergency. You are solely responsible for determining your personal or property insurance needs and select a necessary insurance plan. You are solely responsible for your personal safety and/or safety of your premises and for the loss or damage incurred by you or your property. HERO will not be held responsible to provide you with kind of compensation in case of any incident in your premises (where product is installed) including any damages, losses, claims, compensations, and expenses whatsoever incurred due to property damage, personal injury, robbery or any sort of expenses incurred related to legal proceedings. You will be solely responsible or look exclusively at your insurer to compensate you for any kind of losses or damages incurred by you because of property damage, bodily injury, theft or invasion of privacy via the product allegedly used by you, including claims made by and against you. You hereby free HERO from any and all losses or damages which may occur as a result of your use of our Products and Services. Your use, misuse, or attempted use of the product including, but not limited to, the alleged failure of the product to perform, the alleged failure of certain features not performing, your alleged failure to respect the privacy rights of others or your alleged failure to comply with the rules, regulation, laws or ordinances applicable to the product, shall be solely your responsible and HERO will not be, in any situation whatsoever, held responsible for your actions.
You understand and agree that in case of returns or replacements, or any alleged product failure, or any act of omission of HERO, the maximum aggregate liability of damages is only limited to the amount you paid for the product. In no circumstances HERO will be liable to for any losses, damages, lost savings or incidental, direct, indirect, special or situational damages, arising out of your improper use, installation or intended or accidental breach of this Agreement, even if HERO is advised of the possibility of such losses or damages. The limitation of liability to the price paid by you for the HERO product states HERO’s exclusive liability to you , and applies to situation where HERO is alleged to be liable for any losses, damages, physical injury, theft, robbery, invasion of privacy, property damage, or any other damage including, but not limited to, any general, direct, indirect, situational, consequential, or statutory damage caused by any alleged failure of the product.
You have the opportunity to contact HERO and modify the limitation to liability clause to account HERO for any extended liability you assume we should be undertaking. By not limiting any sections of this clause, you hereby release HERO and its business associates from any loss or damages incurred by you by owing a HERO product. You take full responsibility for any loss, damage or expense incurred by you by alleged use or misuse or improper installation of HERO Products and Services including any additional sensor installed with the product. This paragraph shall survive termination of this Agreement.
Overall Liability
HERO shall provide support services for its outdated or out of warranty products. We shall try our best to provide you with the support services including any spare or additional service required for better functioning of the product. If in any scenario HERO is not able to provide you with the requested service resulting from various reasons like non-availability of the spare part or altogether discontinuity of the requested spare part, then HERO shall not be deemed responsible for any loss, damage or the interruption of service of your product. HERO, at its sole discretion, may offer to provide you with a replacement, a refurbished or an upgraded product. HERO shall not be responsible in contract or in tort for any loss, damage or expenses suffered by the customer and your rights are limited to those as stated in Terms and Conditions and under statute. In any scenarios, HERO’s liability shall not exceed the amount invoiced for the product or service purchased by you and any additional cost for the spares parts or an upgraded product will be bore by you. HERO shall not be liable for any damages including, but not limited to, any damage to property, any incidental, direct or sequential damages, loss of revenue, loss of opportunity, loss of goodwill or any loss arising out of use or performance of HERO’s product or service. Any sales literature, product literature, website content or any other product related information is subjected to typographical, clerical, omission or other errors to the extent provided by law. All the product literature, sales guide, pricelist, quotation, offer of acceptance or any other product related information is subjected to correction without any liability on the part of HERO. The stated terms and conditions, under any applicable law, cannot be excluded. HERO’s liability to the breach of such conditions shall be limited, at HERO’s option, to the replacement, service, supply of an equivalent product or repair of the existing product, as deemed suitable by HERO. This paragraph shall survive termination of this Agreement.
Limited Warranty
HERO warrants to the owner of our Products, hence forth referred as Device, that the Device will be free for the defects in material and workmanship for a period of 1 (one) year from the date of purchase of Device. The adaptor supplied with the Device comes with a warranty of six (6) months from the date of purchase of Device. During this warranty period, if any defect arises in the Device, and you follow the instructions for returning the Device, HERO will at its sole discretion, either
(i) repair the device free of cost with either new or refurbished parts, or (ii) replace the Device with a new or refurbished Device that is equivalent to the Device to be replaced. This limited warranty applies to any repair, replacement part or replacement device for the remainder of the original warranty period or for 90 (Ninety) days, which ever period is longer. All replaced parts/ products or equipment shall become the property of HERO.
All HERO warranties, including any implied warranties, are valid only for the period of time the HERO product is owned by the “Original Purchaser of the Device. The “original Purchaser” for the purpose of this warranty is the first purchaser of the Device from HERO or a HERO authorised reseller. This limited warranty is non-transferable. This limited warranty is only valid in India, and the product is not eligible for any international warranty service. To the fullest extent permitted by law, warranty service may only be performed by HERO or HERO authorized service centres. HERO may conduct diagnostic tests on customers ‘products to identify the causes of failures/defects. Before returning any unit for service, customer should back up data and remove any confidential and/or personal information from the product. HERO is not responsible for damage or loss of any program, data, or removable storage media.
For specific instructions about how to obtain warranty services for your Device, please contact Customer Service using the contact info found at www.HEROworld.com. In general, you will need to deliver the Device in either its original packing or in equally protective packing to the address specified by Customer Service. HERO will bear all the cost of the return shipping to the owner except with respect to any Ineligible Product (defined below), for which owner will have to bear all the cost.
This limited warranty does not cover the following (Collectively Ineligible Products)
(i) If the warranty seal on the Device is broken.
(ii) Devices that have been subjected to:
(a) modifications, alterations, tampering or improper maintenance and repair
(b) handling, storage, installation, testing or use not in accordance with any User guide, Placement guidelines, other instructions provided by HERO
(c) abuse or misuse of the product
(d) breakdown, fluctuations, or interruptions in electrical power or the telecommunication
network; or
(e) Acts of God, including but not limited to lighting, flood, tornado or earthquake or
hurricane.
(iii) errors and damages caused by:
(a) liquid ingress, or spills of food and liquids, or physical abuse, or normal wear and tear,
(b) use of or being connected to any accessory which was not supplied or authorised by HERO.
(iv) Plastic components like front or back covers plus rubber components.
For further information to our warranty statement, please refer to the warranty document supplied with the product.
Indemnification
In a situation of a lawsuit or claim being filed or made against HERO by you or any third-party which is based on or raised out of the product or service including, but not limited to, claims and lawsuits alleging the product failed to perform in any respect whatsoever, or any other loss or damage arising out of use or misuse of our product or service, you agree to be solely responsible and agree to indemnify, defend, save, support and hold HERO harmless from and against all such claims including payment of all our losses, damages, or any legal cost incurred by HERO in response to the claim or lawsuit. These obligations hold true in all circumstances irrespective of whether such claim or lawsuit is based on active or passive use, misuse, negligence, breach of terms and conditions stated in this Agreement or our product policies, warranty, indemnification, product liability, compliance failure with the applicable laws or any other fault or failure of HERO, others or the product. You agree to save and defend HERO from all the claims or lawsuits for subrogation which may be brought against us by any insurance company or insurer or its agents or assigns. This includes all our losses, damages, or any legal cost incurred by us in response to such claims and lawsuits. You hereby waive all recovery claims against HERO for any loss or damage or expense incurred to any person or property or any loss insured under any valid or collectible insurance policy. This waiver of subrogation will extend to all cases of subrogation including, but not limited to, equitable and convectional subrogation and shall be legally binding to any and all the assigns or subrogates of your rights. Under no circumstances you shall enter into any agreement or settlement with any other individual or third party that hampers, effects or binds HERO’s rights in any way, without any prior written consent from HERO. This paragraph shall survive termination of this Agreement.
Ownership: Proprietary Rights
HERO’s products and services are owned, operated and sold by HERO. The products, services, visuals, graphics, designs, software, computer code, product literature and all other elements of our products and services, HERO’s platform and mobile application are subjected to and protected by Indian copyright, patent, trade dress, trademark laws, and all other intellectual, proprietary and applicable laws. You agree not to alter, damage, remove or obscure HERO’s or its business partners’ rights, patents, products, services, trademarks, proprietary rights, and notices attached to or contained within or accessed in relation to our products, services or platform. You agree not to modify, sell, distribute, publicly display, edit, adapt or create derivative works or make unlawful and unauthorized use of our products and services and related material. You hereby peremptorily assign to HERO, and shall assign to HERO all rights, titles, interests, suggestions or intellectual property rights associated herewith. You agree to perform such acts or execute documents as may be necessarily required to perfect the foregoing requests. If you have any comments regarding HERO’s products, services, platform or ideas on how to improve the product performance, then please contact our customer service for appropriate solutions. This paragraph shall survive termination of this Agreement.
Modification of the Agreement
HERO reserves the right to change, modify, edit or delete certain or all clauses of this Agreement at any time owing to our continuous efforts to improve the product or introduction of new products and services. We shall by suitable means including, but not limited to, posting on the website, email communication or SMS communication will notify you on the new Agreement or any specific changes in the terms and conditions of the current Agreement.
Dispute Resolution
In case of any claims or lawsuits arising out of this Agreement or in relation to the use of our Products, Services or platform, including any question regarding the existence, validity or termination of this Agreement, hereby referred to as Dispute, the parties shall use all reasonable resources to resolve the Dispute swiftly. In case the dispute is not resolved amicably within 30 days of the arising and notice of the Dispute, HERO may opt to resolve such Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act 1996, hereby referred to as Act. Such Dispute shall be arbitrated on individual basis and shall not be consolidated with any other arbitration of any other claim of an individual or a third party. All the claims and lawsuits shall be resolved at a court in New Delhi. Either you or HERO can seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi to protect and safeguard the rights and property belonging to you or HERO. All the contents of an arbitration or dispute resolution shall be kept confidential and should not be made public to propagate personal motives or ideas amongst other individuals, unless otherwise required by law for the purpose of Dispute Resolution. In cases of Dispute resolution, each party shall bear the cost incurred of its own lawyers or any other preparation required. This Agreement is binding on your heirs, executors, administrators, and successors, and shall be governed by and construed according to the laws of India without reference to its conflicts of law rules. This paragraph shall survive termination of this Agreement.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, all claims, lawsuits, actions and requests shall be commenced within three months from the date of HERO being notified on the particular issue or the date the issue was caused.
Notice
HERO may provide you with notices and official communications via an e-mail, SMS, push notification or by regular mail or notification on HERO’s platform or by any other reasonable means. Any communication to HERO can be shared at our registered office address at us at Hero Electronix Private Limited, A-41, L-4, 2nd floor, Mohan Cooperative Industrial Estate, Main Mathura Road, New Delhi 110044 or reach us via mail at support@heroelctronix.com.
Severability
If any clause or provision of this Agreement is held to be improper, unlawful, void or invalid or otherwise unenforceable then that particular provision shall be edited or eliminated from this Agreement to the minimum extent required, and the remaining clauses and provisions shall remain unaffected and will remain true and enforceable.
Survival
Upon termination of this agreement, any clause or provision, by its nature, express terms or otherwise stated, will survive any such termination or expiration.
Entire Agreement
This Agreement is the entire agreement to be considered between you and HERO before using any of our Products, Services or platforms and cannot be modified except any future modification the Agreement is subjected to by HERO.