- By using the IP Camera, you are agreeing to this AGREEMENT.
- If you do not agree to this AGREEMENT, you do not have the right to use the IP Camera. If you are within the allowable time period for returns under the applicable return policy, you may return the IP Camera to your ACT for a refund, if applicable, subject to the terms of such return policy. You should perform a factory reset before you return it to erase data that may be stored on the IP Camera.
- Definitions Applicable:
- “ACT Store” means storefront of applications provided by ACT.
- "ACT Service" "our service" or "the service" means the IP Camera service provided by ACT.
- “Subscription Fee” means a fee charged for access to IP Camera ; and
- “Subscriber/User” means any individual/ entity/legal person subscribing to the IP Camera services offered by ACT for his own consumption and without further transmitting it to any other person with or without any consideration.
- Changes to Terms and Conditions
ACT may amend these Terms and conditions at any time in its discretion. Such amendments shall be effective immediately upon posting of the amended terms and conditions on ACT’s website or via your ACT Account or the device linked to your ACT Account, whichever occurs first. Following the posting or notice by any of the methods described above, continued use of any device linked to your ACT Account or your ACT Account means you accept and agree to the amended Terms and Conditions. If you do not agree to the amended Terms and Conditions, ACT may not be able to provide updates, upgrades or enhancements to your IP Camera, and you may not be able to continue using your IP Camera or ACT Account.
- Access to IP Camera
- An end user online profile and billing account with ACT on ACT's website or ACT’s Broadband account ("ACT Account") is required to activate the IP Camera device to your . ACT Account.
- These Terms and Conditions govern your use of ACT's IP Camera services, in the ACT Store.
- Do not reveal your ACT Account information to anyone, including login credentials. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your ACT Account, login ID and password, and for all activities that occur on or through your ACT Account. You agree to immediately notify ACT of any unauthorized use of your ACT Account, or any other security breach involving your ACT Account. You agree that ACT will not be responsible for any losses arising out of any unauthorized use of your ACT Account.
- IP Camera subscription: The Subscriber may subscribe to the IP Camera available in the ACT Store/ACT network. ACT reserves its right to alter/amend/discontinue IP Camera services at its sole discretion from time to time.
ACT Service; Personal, Non-Commercial Use Only; Copying and Redistribution Prohibited;
- b. Access to the IP Camera requires Internet connectivity. You understand that the display quality of the IP Camera may vary and may be affected by many factors, including your Wifi Connectivity, Internet speed and your location. Depending on ACT Broadband Connection tariff plan, you may incur additional data charges from ACT Broadband Connection when you access the ACT IP Camera Service.
- Ownership of IP Camera :
- Except upon you purchasing the IP Camera from ACT, you agree and acknowledge that the ownership of the IP Camera lies with ACT. In case of discontinuation or termination of Services due to any reasons whatsoever, the Subscriber shall duly return IP Camera to ACT in a reasonable and proper working condition to the satisfaction of ACT. The reasonable condition means, includes but not limited to, returning the IP Camera along with all its accessories, outer box, remote, power cable, HDMI cable and other accessories in working condition. The decision of ACT regarding the working condition of IP Camera at the time of returning shall be final and binding on the subscriber.
- However, the Subscriber/User hereby agrees and acknowledges that in case of the purchasing the IP Camera from ACT, the above clause 8(a) shall not apply and he shall only be entitled to the warranty as prescribed by the manufacturer of the IP Camera.
- Fees and Charges
In case you choose to subscribe to IP Camera, you may agree to choose any one of the following options of subscription:
- Pay a refundable deposit of INR 500 exclusive of applicable taxes and a monthly rental of Rs 200 exclusive of applicable taxes for a fixed period of 12 months. Under this form of subscription, ACT shall retain the ownership of the device and shall not return the deposit for the first 6 months. However, if the customer wishes to cancel the subscription after 6 months, the Deposit shall be refunded only if the customer duly returns the IP Camera along with the accessories in good working condition as deemed fit by ACT. OR
- Purchase the IP Camera that is valued at Rs 2249 exclusive of applicable taxes and take the ownership of the IP Camera.
- ACT shall be responsible for any repair or replacement of the IP Camera device only for the first 6 months of damage as per the terms of this Agreement.
- Termination of Agreement
- Continued use of ACT services, constitutes acceptance of the terms of this agreement in its present form without exception and also includes acceptance of any future revisions to the same. If the 'subscriber' is dissatisfied with the services provided by ACT then the sole and exclusive remedy available to the 'subscriber' is to stop using the services and to terminate the ACT account, under intimation to ACT in writing simultaneously the subscriber shall return the IP Camera to ACT based on the type of subscription taken. This does not absolve the 'subscriber' of any dues which remain and the same remains payable.
- ACT also reserves the right to withdraw/suspend/terminate/disconnect the services to the 'subscriber' partially or fully in case of any number of reasons, including but not exclusive to - negative address verification, non-payment, violation of any terms of this agreement, , usage of the service for any unauthorised, illegal or immoral activity if so found by ACT etc.
- If the subscriber commits breach of any of the terms and or conditions of this Agreement, ACT may, at any time, at its sole discretion and without prejudice to any other remedy available under any law, either suspend the services or terminate this agreement and seek forthwith return of IP Camera.
- Advertising and Promotional Messages
ACT may deliver and display advertising and promotional messages to you via the ACT Service, and to include such advertising and promotional messages in or with any user interface, notice, or Content that is displayed on your device. Any interaction, transaction or agreement you have with third parties as a result of the advertising and promotional messages displayed to you are entirely between you and such third parties. ACT is not responsible or liable for any claims, damages, losses or injuries arising from your interactions with such third parties.
- ACT’s sharing of Your information with third parties & others
- ACT shares information with third parties whose services are available through the ACT Services and ACT Store for improving their products and services for ACT and others, and to make advertisements more relevant to your interests.
- ACT uses third parties (including contractors and service providers) to provide services for us and to help with our operations, which may require that they access and use your information. For example, ACT may use a third party to communicate with you (via telephone, email, or letter) about our products or services, to send information to you, to process and collect payment via your credit card (if applicable), to provide customer support, to receive additional data about you, and to perform analytics and other work that we may need to outsource.
- Your sharing of personal financial information including your credit/debit card details with the third party content providers for accessing their content shall be at your sole discretion and risk and shall be governed by the terms and conditions of said third party content provider.
- Each IP Camera comes with a warranty for the period of Six months from the date of installation/activation. The warranty is applicable only for the manufacturing defects in the IP Camera. There is no warranty applicable on the remote control and other accessories.
- If the IP Camera is damaged or cannot be used due to any acts of the User during the warranty period, ACT shall replace the same, if such damage occurs during the first 6 months of subscription. If the IP Camerais lost due to negligence of the User, the User shall be liable for it and has to purchase new IP Camera by paying the IP Camera retail price during the warranty period.
- After the expiry of the warranty period, repairs to the IP Camera would have to be paid for by the User and a replacement IP Camera may be offered. if available, at the cost of User.
- Charges in the rates of applicable taxes & Government duties will be informed to the User and shall be borne by the User.
- Limitation of Liability
- ACT shall not be liable to the Subscriber in any manner whatsoever for any costs or damages that may arise directly or indirectly on account of your using ACT services or IP Camera provided by ACT, including any loss of business, direct, incidental, exemplary multiple special punitive or consequential damages in any event, (notional or otherwise) that you may claim to suffer on account of any deficiency, failure and/or delays in the services provided by ACT, in the event of deficiency, failure and/or delays in ACT’s Services are connected or related, directly or indirectly, to any reason which is beyond the control of ACT. For this purpose, a matter beyond the control of ACT shall include but shall not be limited to the following:
- Delay and/or disruption in services attributable directly or indirectly to the lines of the upstream gateway services provider or internet connection.
- Delay and/or disruption in services attributable directly or indirectly to the directions of any statutory and / or regulatory authorities.
- Delay and/or disruption in services attributable directly or indirectly to a change in Law.
- Delay and/or disruption in services attributable directly or indirectly by reason of acts of god, lightning strikes, earthquakes, floods, storms, fires, natural disasters, explosions, war, hostility, civil commotion, public enemy, sabotage, riots, bomb-blasts, strikes, epidemic, quarantine, restriction, lock out, electricity fluctuation, electrical surges, electrical short circuit, internet outage, network outage, fibre cut, malicious damage and etc. (FORCE MAJEURE).
- ACT shall not be liable for any claim made by the subscriber for any loss including but not limited to equipment loss, property loss arising due to malfunction of IP Camera installed in customer premises due to the reasons beyond the control of ACT that including but not limited to electrical short circuit, electrical outage, electrical fluctuations and etc.
- Warranty Disclaimer; Limitation on Liability
To the maximum extent permitted by applicable law:
- The ACT service and your act account are provided "as is" and "as available" with all faults and without warranty of any kind. ACT does not guarantee, represent, or warrant that the act service or the use of ACT account will be: (i) uninterrupted, secure, virus-free or error-free, or (ii) free from attack or security intrusion;
- ACT does not guarantee or warrantee the functionality of IP Camera. ACT shall not be liable for any loss to subscriber in case IP Camera Service Provider discontinue/terminate their agreement with ACT.
- In no event shall ACT, its directors, officers or employees be liable to you for personal injury or property damage, or any special, incidental, exemplary, punitive, indirect or consequential damages of any kind arising out of your use of the ACT service or ACT account; and
- You agree that the total cumulative liability of ACT, its directors, officers and employees under these account terms, including liability relating to the ACT service, your ACT account, your personal information and all devices linked to your ACT account, shall not exceed the preceding three months subscription fees paid to ACT directly.
- IPR Indemnity
You agree to defend, indemnify and hold ACT, its directors, officers, employees, contractors, affiliates, suppliers, and licensors (collectively “ACT Indemnified Parties”) harmless from any liability, damage, settlement, loss, or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or made against any of the ACT Indemnified Parties arising out of or relating to any actions by You, your agent or anyone claiming through or under you that infringe any copyright, trademark, trade secret, patent or other intellectual property right of any person or defame any person or violate their rights of publicity or privacy. If You have to indemnify any of the ACT Indemnified Parties under this paragraph, ACT and/or the relevant ACT Indemnified Parties will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without ACT’s prior express written permission. No limitation of liability shall apply to this section 17.
- Governing Law; Dispute Resolution
You agree that these Terms and conditions shall be governed by the laws of India and you agree to submit any disputes under this Agreement to the exclusive jurisdiction of Courts at Bengaluru.
- ACT shall assign this contract to any third party at any time. The same shall be binding on the Subscriber. This contract and the services shall be non-transferrable by user at any time.
- If any term or condition of this contract becomes or is declared illegal, invalid, or unenforceable for any reason, such term or condition shall be divisible from this contract and deemed to be deleted from this contract and the other provisions shall remain in full force and effect. No failure or delay to exercise any right or remedy hereunder shall be construed or operate as a waiver thereof.
- Neither the course of conduct between the parties nor trade practice will modify the provisions of the contract.
- The provisions of all obligations and all restrictions on User will survive the termination of this contract.
- ACT reserves its right to revise, addition, amend, alter and delete the terms and conditions hereinabove from time to time and the same shall be binding on the user. The user may refer such modified in terms and conditions in our web site at www.actcorp.in.
- Contact Information
If you wish to contact ACT, please email firstname.lastname@example.org or contact +91-9121212121. If ACT has to contact you, ACT will do so by e-mail to the e-mail address you provide under your ACT Account.
I/We, the User, hereby confirm having read all the above terms and conditions and also confirm my understanding and acceptance in full of the same, without exception. Our/my subscribing to the ACT services provided by ACT constitute a total acceptance of the Terms of ACT's service offering.