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Knoee Slim and Knoee Tag devices or any other devices which are utilised for ‘anti-loss’ functionality thru Smart Phones (all such devices are hereinafter referred to as the “Product”). The Product is designed to be used with the Knoee App (hereinafter referred to as the “App”) on Smart Phones and the Knoee Website. These terms and conditions shall regulate the use of the product and the Knoee App by you (“You”). The usage of the Website shall be governed by a separate Terms of Use –
http://www.Knoee.com/terms-of-use.
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Legal Use
You agree and undertake to not use the Product or the App to infringe on the privacy of any third person or to use the Product in any manner that is not in compliance with applicable laws.
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Indemnity
You agree to defend, indemnify and hold harmless Knoee from any third party claims, from and against any and all the costs, expenses, losses, liabilities, damages, demands and/or claims arising due to or as a consequence of your use of the Product or the App. Knoee will retain the exclusive right to settle, compromise and pay, without Your consent, any and all claims or causes of action which are brought against us. Knoee reserves the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us and You agrees to cooperate with our defence of these claims. You agree not to settle any matter in which Knoee is named as a defendant and/or for which You have indemnity obligations under this clause, or otherwise, without Knoee’s prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
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Estimated Life of the Product
The estimated life of the products is 36 months. The battery is replaceable. If the Product is physically damaged in any way possible or if there is any attempt to open the casing of the Product, the Product may malfunction and Knoee will not be liable for any damage caused to the Product or because of any lack of functionality of the Product whatsoever.
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Return policy
The Product, once bought, cannot be returned for a refund. If the Product is delivered in a damage state, it may be returned at the cost of the Buyer and a replacement shall be sent forthwith by Knoee.
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International users and choice of law
Any action that you wish to bring against Knoee shall be subject to the laws of India. These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the appropriate court in New Delhi, India will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to personal jurisdiction in such forum.
Any cause of action you may have with respect to your use of the Product or the App must be commenced within one (1) year after the claim or cause of action arises. If, for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
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Disclaimer
Knoee (Knoee App) shall not be liable for any loss, damage or injury suffered by you or a third person because of any failure of the tracking process. The functionality of the Product and the App is dependent on many factors, including environmental and technological factors which are beyond the control of Knoee. Under no circumstances shall the liability of Knoee be more than the amount paid by You for the Product. This limitation will apply to any loss, damage or injury suffered for any reason whatsoever by You or to any third-person.
The accuracy and functionality of the Product is dependent on the signal strength of the Product to the phone on which the App is installed and is further dependent on the integrity and performance of the phone and the software running on the phone.
Google Maps are used to show the location of the Product as per the scale of the maps provided by Google. Knoee cannot warrant that the location of the Product shall be displayed with any more specificity than what is allowed by Google Maps. Knoee cannot and does not exercise any control over Google Maps and any loss or injury caused due to any fault, mistake or error in Google Maps shall not be attributed to Knoee in any manner whatsoever. Signals may be affected by buildings, natural obstacles, weather conditions and satellite availability and this inaccuracy may be due to incorrect or incomplete map data as provided by the map provider viz Google. For effective use of the software Google Maps™ are utilized for assistance and all users hereby also agree to all terms and conditions published by Google Earth™ and/or Google Maps™ from time to time. (See
maps.google.com and
earth.google.com)
The Product will not function after the expiry of its battery and it must be replaced immediately. The usage of the App will be dependent upon the speed of Internet network and ability of client to use the web application.
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Entire Agreement and Waiver
These Terms of Use constitutes the entire agreement between Knoee and you with respect to your use of the Product or the App. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
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No Agency or Partnership
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Knoee and you shall have no authority to bind Knoee in any form or manner, whatsoever.