Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APP

Terms of App use

These terms of use (together with the documents referred to in it) (“Terms“) are the terms on which you may make use of Svarochi Mobile App (“App“). Among other features of the App, the Svarochi Smart Lightings (the “Product“), can be controlled through /via the App. Use of the App includes accessing, browsing, or registering to use the App. Please read these Terms carefully before you start to use the App. We recommend that you print a copy of this for future reference.

By using the App and/or providing Content, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use the App. If you do not agree with any amendments made by to these Terms at any time in future, you must stop using the App with immediate effect.

Other applicable terms

These Terms refer to, incorporate and include the following additional terms, which also apply to user of the App and to the third party service provider:

About us

The Product, the App and the software embedded in the Product (and any updates thereto) (Product Software) are collectively referred to as the “Services”. The App is provided by iBahn Illumination Private Limited (the Company) a company incorporated under the laws of India, and having its office at T1, Phase II, Okhla Industrial Area, New Delhi 110020.

Any reference to “you” or “your” or “user” or “customer” (if applicable) refers to you as a user of the App and the Services; and any reference to “iBahn“, “we“, “our” and “us” shall refer to the Company and the “service provider” shall mean the provider of the Services on the App.

Changes to these terms and services

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may, without prior notice, change the Services; add or remove functionalities or features; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services.

Changes to the App

We may update the App from time to time, and may change the Content at any time. In these Terms, the term “Content” means any information, text, graphics, photographs, narrative stories, video, sound, music, feedback, comments, suggestions, or other information, material or files including, without limitation, names or likenesses (all whether concerning you or a third party) or other materials uploaded by the users of the App, third party service providers or by us. However, please note that the Content on the App may be out of date at any given time and we are under no obligation to update it.

We do not guarantee that the App or any Content on it, will be free from errors or omissions.

Accessing the App

We do not guarantee that the App, or any Content on it, will always be available or be uninterrupted. Access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access the App through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Your Account and Password

When you register with us, an account will be created for your use (“Account“) on the App and you will be provided with required Account Information to enable your access to the Account. The term “Account Information” refers to a user identification code, password or any other piece of information which may be provided to you as part of our security procedures. If you access the App after logging into any third party App like Facebook, Twitter or Gmail, the login information of such third party account, as the case may be, shall be considered as the Account Information. You must always treat Account Information as confidential and must not disclose it to any third party. Any access to the App through your Account shall be considered an access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your Account either on the App or any other App accessed by you through the App.

You represent and warrant that if you are an individual, (i) you are of age as required to enter into a binding contract as is prescribed under the laws of the country in which you reside, or (ii) that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the laws of India. Any person under the age of eighteen (18) years accessing the App should do so only under parental guidance. If we change the eligibility criteria to be registered with the App and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited and, in such circumstances, you agree not to use or access the App or Services in any way.

We have the right to disable your use of the Account Information or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at support@svarochi.com. We are not liable for any losses or other consequences of unauthorized use of your account.

User responsibilities

These Terms govern your behaviour on the App and set forth your obligations. The user and the third party service provider agree and confirm to the following responsibilities:

Payment Terms

The App is currently available free of charge. We reserve the right to charge for access to the entire App or any part of it.

Intellectual property rights

We own the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from the Services. You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website) without iBahn’s prior written consent except to use the Services for their intended purposes.

We retain all rights that are not otherwise expressly granted in these Terms.
If you submit a comment, suggestion or any other material (“Feedback“) to us related to the Services, you hereby assign all ownership in and to such Feedback to iBahn, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you, or grant iBahn a license to use such Feedback without any restrictions to the extent the foregoing is deemed ineffective.

The Product Software is licensed and not sold to you. The Terms grant you only the right to use the Product Software, but you do not acquire any rights, express or implied, in the Product Software other than those specified in these Terms of Use. We retain all right, title, and interest in and to the Product Software, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein. The Product Software is protected by copyright laws, international treaty provisions, and other intellectual property laws. Except as provided otherwise herein, you shall not rent, lease, sublicense, sell, assign, loan, or otherwise transfer the Product Software. You may not remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from the Product.

No reliance on information

We may display some Content that is not ours. This Content is the sole responsibility of the person/entity who makes it. The Content of the App, including without limitation, text, copy, audio, video, is for informational purposes only. Reliance on any information appearing on the App, whether provided by the Company, its Content providers, the third party service providers, visitors to the App or others, is solely at your own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on the App. You acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by you on any information published on the App, the person from whom said Content is obtained and made available on the App shall be solely responsible, and the Company shall have no liability in relation to the same.We may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review Content, so please don’t assume that we do.

We assume no responsibility for the Content of apps linked on the App. Such links should not be interpreted as endorsement by us of those linked apps. We will not be liable for any loss or damage that may arise from your use of them.

Although we make reasonable efforts to update the information on the App, we make no representations, warranties or guarantees, whether express or implied, that the Content on the App is accurate, complete or up-to-date.

Disclaimer of warranties

You expressly acknowledge and agree that use of the Services and the App is at your sole risk. The Services and the App are provided on an “as is” and “as available” basis. Although we make best efforts to procure high quality Services to all our users, to the fullest extent allowed by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability or fitness for a particular purpose. The contents of the Services or the App may contain bugs, errors, problems or other limitations. We assume no liability or responsibility for any errors or omissions in Content.

We are not responsible for the Content uploaded by you on the App. We are not responsible for any direct or indirect damages or losses caused to you, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the App. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of Content available on the App that is used by you.
We make no warranty that the Services or App will meet your requirements or that the Services or your access to the App will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through the Services or App. In case there is any defect in any software being used for the provision of the Services, including without limitation the Product Software, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or App is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.

The Company/App does not implicitly or explicitly support or endorse the procurement of any Service on the App. iBahn shall not be responsible for the quality of Services provided through the App.

No advice or information, whether oral or written, obtained by you from the Services or App or through the Service(s) or App shall create any warranty not expressly made herein.

Viruses

You will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 of India and other similar provisions as may be applicable in your country. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.

We will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or your downloading of any Content on it, or on any App linked to it.

You should use your own virus protection software. We cannot and do not guarantee or warrant that files available for downloading from the App will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

Limitation of our liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any Content on it, whether express or implied.

We will not be liable to any user for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

If you are a business user, please note that in particular, we will not be liable for:

Please note that we only provide the Services for domestic and private use. You agree not to use the Services for any commercial or business purposes without obtaining a legally valid license to do so in accordance with these Terms.

IN ANY EVENT WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE ANY FEE PAID IN CONNECTION WITH THE SERVICES.

Electronic communications

When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes in any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the App and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. You may cancel your account at any time by sending us an email at support@svarochi.com.

Linking to the App

If you choose to authenticate your account through a third party service, like Twitter, Gmail, Instagram or Facebook, you are linking that account to your Account.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the App in any app that is not owned by you.

The App must not be framed on any other site, nor may you create a link to any part of the App other than the home page. We reserve the right to withdraw linking permission without notice. The App in which you are linking must comply in all respects with the Content standards set out in our Acceptable Use Policy.

Indemnification

To the maximum extent permitted by Applicable Law, you shall indemnify and hold harmless the Company, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, or your violation of the Applicable Law or the rights (including infringement of intellectual property rights) of a third party.

Release and waiver

To the maximum extent permitted by Applicable Law, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of our App, its Services or Content. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other Applicable Law or common law principle of similar effect, to the fullest extent permitted by law.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Governing Law

Please note that these Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of Delhi will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on you by us and you consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.

Term & Termination

We reserve the right to refuse to continue providing you with access to this App or the Services if we discover that you are incompetent to contract by virtue of your age or otherwise under Applicable Law. This App or the Services is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. The Terms shall continue to form a valid and binding contract between the user and the Company, and shall continue to be in full force and effect until users continues to access and use the App or the Services. Provided, however, certain sections of these Terms such as Disclaimer of Warranties, Limitation of Liability, Intellectual Property Rights, Applicable Law, Indemnification, Release and Waiver shall continue to remain in full force and effect indefinitely

General terms

Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Terms, you and the Company shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.

Invalidity of Specific Terms: If any provision of the Terms is found by a court of competent jurisdiction to be invalid, other provisions of such the Terms shall remain in full force and effect.

Contact us

For general enquires, complaints and/or giving any feedback, please email to support@svarochi.com

In case you do not want to continue using our Services and want to deactivate your account with us, please contact us at support@svarochi.com

If you do not agree with any provision of these Terms and wish to opt out of such provision, please write to us at support@svarochi.com (with subject line Opt-out Request). You agree that you are not entitled to use this App or the Services unless your Opt-out Request is accepted by us in writing.

THANK YOU FOR VISITING US.