DEFINITIONS

In these terms and conditions:

1. “Company” means Uma Sankar Enterprises that is the owner and the developer of the mobile application and the device provider
2. “App” by name “GARDEN”  means the mobile application developed, owned and operated by Company
3. “Device(s)” mean the electronic Smart device(s) used to automate gardening that are sold by Company and controlled by its software application
4. “Product(s)” mean the physical product including but not limited to the electronic Smart Device(s)
5. “Service(s)” mean the kinds of services provided by the Company
6. “Customer(s)” mean the user(s) of the mobile application or device or both
7. “Service partner(s)” mean Company’s partners, nurseries or sub-contracting partners who are authorised to provide services from the system of Company
8. “Terms” means the terms and conditions of Products and Services provided Company mentioned herein

By using Company’s Services, accessing and using App, Customer agrees to be bound by these Terms and Conditions, which constitute a legally binding agreement between Company and Customer.

Please read these Terms carefully before accessing or using App or Device or both. By accessing or using the whole or any part of the App or Device or Both, the Customer agrees to be bound by these Terms. If Customer does not agree to all the terms, then they may not access the App or use any services or the product. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1.  Intellectual Property Rights
   All content and materials available on the App, including but not limited to trademarks, logos, service marks, and copyrights, are the property of the Company or its licensors and are protected by applicable intellectual property laws of India. Customers may not use, copy, reproduce, modify, create derivative works from, distribute, transmit, or display any content from the App without prior written consent from the Company.

2. App Usage Terms
   You agree to use the App in compliance with all applicable laws and regulations. You are solely responsible for conduct while using the App.
   1. Virus Protection
      Company strives to ensure that the App is free from viruses and other harmful components upon delivery. However, Company cannot guarantee that the App will be completely secure or free from bugs or viruses after delivery. Customers are responsible for configuring their mobile devices to access the App and for using their own virus protection software.
   2. Error Management
      While the Company makes every effort to ensure that the App functions properly, Company does not warrant that the App will be error-free or uninterrupted. If Customer encounters any errors or issues during usage, it is advised to report them to the Company’s support team. Company will endeavour to address reported issues promptly, but is not liable for any errors or interruptions.
3. Use of Device
   The App is designed to work only with devices authorised by the Company. By using the App, Customer agrees to comply with the instructions provided by the Company regarding the use of the device. Customer acknowledges and agrees that Company is not responsible for any damages or losses that may arise due to the Customer’s negligence while using or handling the device. The Customer is not authorised to do any repair or to do any modification in the device either by way of alteration of software or hardware in it without proper consent of the Company. It is the Customer’s responsibility to provide seamless internet connectivity to the device to get the uninterrupted services.
4. Device Modifications
   Customer agrees that they will not attempt to modify or recreate the Devices by disassembling, reverse engineering, or otherwise altering the Device in any way without Company’s authorised representative. Any attempt to do so will result in immediate termination of their access to the App and the Device, will void any warranty provided by Company for Device and also may result in legal action by the Company against the Customer.
5. Usage of SIM Cards
   In event of the Customer using the SIM card provided by Company for internet connectivity as supplied by the Internet Service Provider (“ISP”) for Devices, it is the responsibility of the customer to provide necessary details as requested by the ISP for usage of the SIM cards and Customer is responsible for placing devices with adequate network strength. Company retains the rights to disable/suspend services to the SIM cards in the event of non-payment of the charges as per the subscription plan by Customer, mentioned during device specific on-boarding. Customers also agree to pay additionally if there are any changes in subscription charges as per the ISP tariff. Company reserves the right to define plans based on the data requirements of specific devices.
6. User’s information
   Customers may upload data related to use of the device through App. By submitting content, Customer grants Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with the operation and promotion of the App and the device.
7. Schedule of Service
   Services that can be provided inside the app are fulfilled by servicing partners and are subjected to their own terms of service. Company doesn’t hold any rights on damages or any liability that arises during the provision of Service. Customers are responsible for the mutual terms with the servicing partners. The Customers are responsible for the payments paid directly to the Servicing Partners and the Company does not hold any responsibility in the transactions or dispute arising out of it.
8.  Loyalty Points
   Company provides Customer loyalty points as cashbacks for the usage of App and the terms for these loyalty points are subject to change without prior notice. The Loyalty points that are obtained during the app usage can only be redeemed during checkout inside the app and cannot be redeemed in any other platform. Any loyalty points that are given as cashbacks by a Service partner can only be redeemed from the same Service partner and cannot be transferred across other Service partners. These points can only be redeemed for equivalent cash value but cannot be redeemed as real cash.
9. Prohibited Conduct
   Customers are strictly prohibited from engaging in any activities that compromise the security, integrity, or functionality of the App. Prohibited activities include, but are not limited to:
   1. Attempting to hack, disrupt, or disable the App or any servers or networks connected to the App.
   2. Using any automated system, including but not limited to “robots,” “spiders,” or “offline readers,” to access the App in a manner that sends more request messages to the servers than a human can reasonably produce in the same period by using a conventional web browser.
   3. Introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
   4. Attempting to gain unauthorised access to any portion or feature of the App, other accounts, or any systems or networks connected to the App, by hacking, password “mining,” or any other illegitimate means.
   5. Scanning or testing the vulnerability of the App or any network connected to the App, nor breaching the security or authentication measures on the App or any network connected to the App.
   6. Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the App.
   7. Impersonating any person or entity or otherwise misrepresenting affiliation with a person or entity.
10. Consequences of Violations
    Any violation of these terms may result in immediate termination of access to the App and may subject you to civil and/or criminal liability. We reserve the right to investigate and prosecute any violations of these terms to the fullest extent of the law.
11. Data Loss
    The App is primarily cloud-connected, with most data managed on Company’s secure servers rather than on Customer’s device. However, certain data may be stored locally on Customer’s device to enhance user experience. While the Company takes reasonable measures to protect the data provided through the App, Company cannot guarantee that data loss will not occur. By using the App, Customer acknowledges and agrees to the following:

• Cloud-Based Storage: The majority of data associated with the App is stored on Company’s secure cloud servers.
• Local Data Storage: Some data may be stored locally on customer’s devices to enhance user experience, such as caching for faster access or offline functionality. This local data is minimal and intended to optimise interaction with the App.
• Periodic Backups: Company performs periodic backups of cloud-stored data to help prevent data loss. However, these backups are not guaranteed to be complete or error-free, and there may be instances where data is not included in the backups.
• No Liability for Data Loss: Company is not liable for any loss or corruption of data, whether stored on cloud servers or locally on Customer’s device, nor for any consequences that arise from such loss or corruption. This includes, but is not limited to, loss of data due to system errors, unauthorised access, or cyberattacks.
• Reporting Data Loss: In the event you experience data loss, please contact the Company’s support team. Company makes reasonable efforts to assist in recovering the data, but do not guarantee the recovery of any lost data.
  

12. Data Collection
    The details Customer provides through the App will be used for data collection purposes. Company will use this data to improve the App’s features and functionalities, and to offer Customers more personalised experiences and services. Company may also share this data with third-party service providers / authorised service partners who assist us in operating the App and delivering services seamlessly. By using the App, Customer consents to the collection, usage, and sharing of their data as described in this clause.
13. Diagnostic and Error Reporting
    The App may automatically collect information related to errors that occur while using the App or the device. This information may include details about the error, the device’s operating conditions, and other technical details. This information will be used to diagnose and resolve issues with the App or the device and to improve the user experience. By using the App, Customer consents to the collection of this information.
14. Feedback
    Company welcomes feedback, comments, and suggestions for improvements to the App and the device (“Feedback”). Customers may provide Feedback to the Company through the App or by email. By submitting Feedback, Customer grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Feedback in connection with the operation and promotion of the App and the device.
15. Confidentiality
    Customer acknowledges that App and device contain proprietary and confidential information of Company, and Customer may have access to such information in the course of their usage of App and Device. Customers agree to keep such information confidential and not to disclose or use such information for any purpose other than as necessary for their use of App or device.
16. Indemnification
    Customer agrees to indemnify and hold Company, its affiliates, officers, agents, and employees harmless from any claims, damages, expenses, or liabilities, including reasonable attorneys’ fees, arising from their use of the App or the device, in case of Customer’s breach of these Terms, or violation of any applicable laws or regulations.
17. Limitation of Liability
    In no event shall Company, its affiliates, officers, agents, or employees be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with their use of the App or the device, whether based on warranty, contract, tort, or any other legal theory, even if Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to Customers.
18. Governing Law
    These Terms shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. Customer agrees to submit to the exclusive jurisdiction of the court located in Tambaram, Chengalpattu, Tamil Nadu, India for any disputes arising out of or related to these Terms or their use of the App or the device.
19. Third-Party Dependencies
    The App may rely on third-party dependencies to provide certain features or functionality. These third-party dependencies may be subject to separate terms and conditions, which will be made available to Customer at the time of installation or first use. By using the App, Customer agrees to comply with any additional terms and conditions imposed by these third-party dependencies. The Company shall not be liable for any damages or losses arising from Customer use of these third-party dependencies.
20. Modifications to Terms of Service
    Any new features or tools which are added to the current App shall also be subject to the Terms. Customers can review the most current version of the Terms at any time on “terms of use”, under the “Help & support” section of App, or can check the updated terms sections located in the footer of the Company’s website. Company reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to App. It is Customer’s responsibility to check this page periodically for changes. Customer continued use of or access to the App following the posting of any changes constitutes acceptance of those changes.
21. Entire Agreement
    These Terms constitute the entire agreement between Customer and Company regarding the use of the Product and Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
22. Force Majure
    Company shall not be liable for any failure or delay in performing its obligations under these Terms of Use if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, materials, or change in any local or special laws.
    In the event of a Force Majeure occurrence, the Company will make reasonable efforts to notify users of the nature and extent of the event and any impact on the services provided through the App. Company will also make reasonable efforts to resume normal operations as soon as practicable.
23. Contact Information
    If Customer has any questions, comments, or concerns regarding these Terms, they may contact Company at contact@harithakailash.com, and the Company will endeavour to respond to Customer inquiry within a reasonable time. Any notices or other communications required or permitted to be given under these Terms  shall be in writing and delivered by email, personal delivery, or certified or registered mail, return receipt requested, to the address specified in this clause or to such other address as either party may specify in writing.