TERMS OF SERVICE
TERMS OF SERVICE
The following are the Terms of Service (“TOS”) governing the use of https://sensehawk.com (“Website”) and includes all its sub domains. These terms may be updated by us from time to time without notice to you and the TOS, as amended, shall apply to you. You can always review the most current version of the TOS on this Website.
- The Website is owned and operated by SenseHawk, Inc. (the “Company”), a private company limited by shares, incorporated under the laws of India, with its registered office at 38/1997, Vakratunda Chs Ltd, Service Road, Bandra East, Gandhi Nagar Mumbai, Maharashtra – 400051.
- In these TOS:
- “User” shall mean any legal person or entity accessing or using the Website or using the Services;
- “Content” shall mean any content or material available on the platform or the Website including without limitation data, photographs, videos, reports;
- “Services” shall mean data processing and analytics services on the platform created by the Company and provided to the User through the Website;
- “Party” shall mean any User or the Company, and “Parties” shall refer to the User and the Company collectively;
- The User is aware and expressly consents to be subject to the rules, guidelines, policies, terms, and conditions contained in the Policy as supplemented, revised and/or amended from time to time, without notice to the User. The terms of the Policy are hereby incorporated into the TOS, and the User expressly and unconditionally agrees to be bound by the same.
- A person using the Website for, or on behalf of, a legal person (other than a natural person) expressly and unconditionally warrants that he/she is authorised to act on behalf of such legal person, and that he/she has the authority to bind it to these TOS.
- Visiting the Website and accessing the services shall be deemed to signify the User’s acceptance of the TOS.
- The User agrees that the TOS constitute a legally binding agreement between the User and the Company.
- The User is aware that while he/she can browse certain sections of the Website without being a registered User, certain activities (such as access to the Services and the Content) require the User to provide valid personal information to the Company / Website for the purpose of registration.
In the event, the User subscribes to the Services offered by the Company, he/she in addition to the TOS and Policy shall also be bound by the terms of the end user license agreement (“EULA”) (insert link).
The TOS will remain in full force and effect while the User continues to access the Website or the Services.
- The User is aware that the Company owns and retains all proprietary rights in the Website, and in all proprietary content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and/or its licensors, and the User agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website, without first obtaining the prior written consent of the Company. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
- The User expressly and unconditionally agrees that the Company is granted a royalty-free, perpetual, irrevocable, exclusive right and license in respect of the Content and that the Company is eligible to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such Content, without additional approval or consideration, for the full term of any rights that may exist in such Content, and the User hereby waives any claim to the contrary. In the event of any action initiated against the Company by any affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company, for its use of the Content. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User. Nothing contained herein shall create any manner of obligation on the Company to use the Content or display the same on the Website. The Company reserves the right to monitor, edit, remove, and add to any Content, at its sole discretion (including for its compliance with applicable laws, orders, directives or guidelines), without cause or notice, and the User expressly and unconditionally agrees to the same.
Usage of the Website is free of cost. However, the User is aware that access to the Services may be charged. The Company reserves the right revise its charge for the Services, or any part thereof, at any time. The User expressly and unconditionally agrees to be bound by any such revisions of the fee policy and/or charges for any additional or premium services.
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice or cause. The User agrees and acknowledges that the Company shall not be liable to the User or to any third party for any such addition, modification, suspension or discontinuation of the Website or any of the Services granted through the Website. To protect the integrity of the Services, the Company reserves the right to block users from certain IP addresses from accessing the Services, at any time.
- The User is aware and acknowledges that to the maximum extent allowed by applicable laws, the Company grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Website and the Services (including all Content available therein), including without limitation any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The Company does not represent or warrant that the Website will be uninterrupted, error free, secure, or that any defects or errors in Content will be corrected.
- The User is further aware and acknowledges that any material downloaded or otherwise obtained through the use of the Services is accessed by the User at his/her own discretion and risk, and the User will be solely responsible for, and does hereby waive any and all claims and causes of action with respect to, any damage to the User’s device, computer system, internet access, or loss / corruption of the User’s personal data, that results or may result from the use of the Website or availing of the Services. If the User does not accept this disclaimer and the limitation on liability, the User is not authorized to avail itself of the Services, or to access/visit the Website.
- The User agrees and undertakes that he/she is accessing the Website and availing the Services at his/her sole risk and that he/she is using his/her best and prudent judgment before acting pursuant to the advise / information contained on the Website or communicated through the Service, including but not limited to the Content. The Company does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
- The User hereby accepts full responsibility for any consequences that may arise by availing the Services , and expressly agrees and acknowledges that the Company shall have absolutely no liability with respect to the same.
- The User hereby expressly authorises the Company to disclose any and all information relating to the User in the possession of the Company to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, including but not limited to the User’s identity , the User’s banking information, and User correspondence. The User further understands that the Company might be directed to disclose any such information as may be deemed necessary to satisfy any judicial order, law, regulation or valid governmental request.
The Company reserves the right to terminate the User’s access to the Services offered on the Website, or any portion thereof in accordance with the terms of EULA. The User shall however continue to be bound by certain terms contained the TOS, including without limitation Clauses 6, 8, 10, 13, 14 & 15 herein, and it is expressly agreed to by the Parties that the User shall not have any right to terminate the TOS. The User’s only recourse hereunder shall be to stop accessing the Website and availing itself of the Services.
- The type of information being collected;
- Purpose of such information being collected;
- Usage of the information;
- Intended recipients of the information;
- Entities which collect and retain the information;
- Disclosure of information to third parties.
- Collection of Personal And Other Information
- If the User chooses to use the Website, the User consents to allowing Sensehawk to collect information about the User’s activity and trends through the Website.
- The User expressly agrees and acknowledges that Sensehawk shall collect and store the User’s personal information including but not limited to the User’s user name, passwords, email address, etc., as well as any Content or other information uploaded on the Website. The User acknowledges that this information may be used by Sensehawk to provide updates regarding Services and features to User.
- The User is aware that any and all information pertaining to the User collected by Sensehawk, whether or not directly provided by the User to Sensehawk (via the Website or otherwise), including but not limited to personal correspondence such as emails or letters, instructions from the User relating to the Services, may be collected and compiled by Sensehawk and the User hereby expressly consents to the same.
- Sensehawk shall collect data by way of ‘cookies’. Cookies are small data files which are sent to the User’s browser from the Website and are stored on the User’s computer or device (hard drive). The cookies shall not provide access to data in the User’s computer or device (hard drive), such as email address or any other data that can be traced to the User personally. The data collected by way of cookies will allow Sensehawk to administer the Website and provide a tailored and user-friendly service to the Users.
- Sensehawk will handle personal data appropriately, in line with the circumstances. If any intended use of personal data goes beyond the purposes envisioned during collection, Sensehawk will notify Users of the new purpose(s) and seek consent to use their personal data for such purpose(s).
- The User is aware that personal data will continue to be stored and retained by Sensehawk for a period of 30 (thirty) days after termination of the User’s account on the Website, and that any and all Content uploaded by the User will be retained and/or displayed on the Website indefinitely.
- Disclosure of Personal Information
In general, Sensehawk will not disclose personal data except in accordance with the following:
- in order to carry out the purposes for which such personal data was collected; or
- where the User has consented; or
- where ordered to do so by a court of competent jurisdiction or to any government agency.
- Security Measures
Sensehawk implements certain security measures including encryption, firewalls and socket layer technology to protect the User’s personal information from unauthorised access and is in compliance with the security practices and procedures as prescribed under the Information Technology Act, 2000 and the applicable rules (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information Rules, 2011). However, the User agrees and acknowledges that the above-mentioned measures do not guarantee absolute protection to the personal information and by accessing the Services, the User agrees to assume all risks associated with disclosure of personal information arising due to breach of firewalls and secure server software.
- Business Transitions
The User is aware that in the event Sensehawk goes through a business transition, such as a merger, acquisition by another organization, or sale of all or a portion of its assets, the Users’ personal data might be among the assets transferred.
- Grievance Officer
In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
38/1997, Vakratunda Chs Ltd, Service Road, Bandra East, Gandhi Nagar
Mumbai, Maharashtra – 400051
GOVERNING LAW AND JURISDICTION
These TOS shall be governed by and construed in accordance with the laws of India and courts in Mumbai shall have exclusive jurisdiction.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by contacting it at:
38/1997, Vakratunda Chs Ltd, Service Road, Bandra East, Gandhi Nagar
Mumbai, Maharashtra – 400051