Service Agreement of Onida Smart Platform
Welcometo Onida i-Genius Platform!
Beforeaccepting the Agreement, you are supposed to thoroughly read all contents ofthe Agreement, and fully know its terms, especially restrictive clauses orexceptions. Restrictive clauses or exceptions are bold or highlighted in otherforms to catch your attention. In case of any doubt for the terms of theAgreement, please contact relevant business department of Onida. You are notallowed to use the service before you have read and accepted all terms of theAgreement, relevant agreements and rules, etc. Once you select "agree andsubmit the Agreement" (see registration page for detailed wordings) andcomplete the registration procedure, or you use the service in any form, itwill be deemed that you have read and agreed with the restriction of theAgreement and rules above. In case of any breach of the Agreement, Onida hasthe right to unilaterally restrict, suspend or terminate the service for you,and has the right to investigate your relevant responsibilities.
TheService Agreement (hereinafter referred to as "the Agreement") issigned by you and MIRC Electronics., Ltd. (hereinafter referred to as"Onida"). It includes (but not limited to) Privacy Policy of OnidaSmart Platform and other contents. In case of change, Onida will announce suchchange on its official website without further notification. Upon announcement,the changed agreement and rules become a part to the Agreement automatically,without further notification to you for your consent. In case of objection tosuch relevant changes, stop use Onida's service; if you keep using it, it willdeemed as that you hold no objections against the changed rules and agree toabide by them.
I.Definitions of Terms
1.1Licensed software refers to software system developed by Onida, downloaded fromthe platform, and installed and applied in specified system mobile terminals.
1.2Services refer to services provided for you by MIRC Electronics ., Ltd. You canuse such services on the mobile terminal with the licensed software.
II.Service
2.1Onida offers you intelligent life equipment management services, based on whichyou can access to the intelligent terminal on Onida Cloud Platform through theOnida Control, and realize interlinkage among intelligent equipment. Servicecontents include intelligent equipment management, scene interlinkage andanalysis report, etc. Such functions may be optimized or modified according tochanges of users' demands or judgment of service supplier, and service supplymay be suspended due to regular and irregular maintenance.
III.Scope of Service
3.1Onida grants you with the right to use the product based on this software.
3.2You are prohibited to license, sell, lease, transfer, issue the product in anyform, or use the product for other commercial purpose. 3.2 Due to limitationson software adaptation platform and terminals, you can only use the licensedsoftware in the authorized system platform and terminal; if you install thelicensed software on other terminal equipment, it may damage your hardware orsoftware function.
3.3You acknowledge that the licensed software can only be used for non-commercialpurpose and installation, application and running of the licensed software isprohibited. If such commercial operation is necessary, prior writtenauthorization and permission from Onida shall be obtained.
3.4Onida may change, upgrade or transfer the licensed software or relevantfunctions from time to time, and may add new functions or services in thelicensed software system. If no separate agreements are accompanied with theaforesaid new functions or services, you are entitled to the correspondingfunctions and services, which is also subject to the Agreement.
3.5You shall be responsible for the accuracy, reliability, integrity and legalityof input data and legality of the way in which you obtain the data, and shallback up data and information from time to time. You shall bear all risks fordamage and loss of such information.
3.6You shall properly keep your account number and password. In case of any safetyloophole for your account(including but not limited to divulgence of userpassword), you shall notify Onida in time, and Onida will assist you in takingrelevant measures. Otherwise, all behaviors related to your account shall beassumed by you and you will bear all responsibilities.**
IV. AThird Party
4.1You acknowledge that certain service of Onida is based on software or servicesprovided by a third party. Such service is set to facilitate your applicationand necessary legal authorization is obtained from the third party.
4.2The product includes certain information and services of the third party. Onidaneither controls nor bears responsibility for information and services of thethird party.
4.3You acknowledge that Onida cannot guarantee that the licensed software alwaysuses or contains such services, or that other software provided by the samethird party will be used in future. Likewise, it may use similar servicessupplied by another third party. Upon application, the aforesaid correspondingsoftware or services are subject to this Agreement.**
V.Service Application Standard
5.1 Youshall use the licensed software in a normal manner. The following ways are inbreach of the application standard:
1)Issue or share computer virus, worms, malicious codes, or software thatdeliberately damages or changes computer system or data;
2)Collect information or data of other users without authorization, for example,email address and the like;
3)Maliciously use the product in an automatic way, causing over load to theserver, or interfere with or damage web server and network links in otherforms.
4)Attempt to visit server data or communication data of the product withoutauthorization;
5)Interfere with or damage the production application by other users.
5.2You understand and agree that:
1)Onida will determine whether or not you are involved in violation of standardsabove, and suspend or terminate your application license according to determinationresults or take other restrictions according to agreements.
2)Onida will directly delete information in breach of laws, or infringing others'legal rights, or in breach of the Agreement issued by you when using thelicensed software.
3) Ifa third party suffers from damage due to your breach of application standards,you shall independently bear legal responsibility in your name, and protect andindemnify Onida from losses or additional expenses generated therefrom.Otherwise, Onida has the right to claim compensation.
4) IfOnida suffers from any loss due to your breach of relevant laws or theAgreement, you shall compensate Onida for losses and (or) expenses generatedtherefrom.
VI.Information Content Standard
6.1You promise that you will not conduct any act in breach of laws or improperbehaviors by using the service, such act and behavior include (but not limitedto):
6.1.1Uploading, transferring or sharing information containing one of the followingcontents:
1)Opposing the basic principles determined in the Constitution;
2)Endangering state safety, disclosing state secret, subverting state power andsabotaging state unity;
3)Damaging state honor and benefit;
4)Inciting national hatred and discrimination and sabotaging national unity;
5)Destroying religious policy of the state and advocating heresy and feudalisticsuperstition;
6)Spreading rumors, disturbing social order and destroying social stability;
7)Spreading obscenity, porn, gambling , violence , murder and terror or abettinga crime;
8)Insulting or slandering others and infringing on the legal rights and interestsof others;
9)Containing contents of sham, defraudation, harm, threat, infringement toothers' privacy, harassment, infringement, slander, coarseness, indecency, ormorally repulsive contents;
10)Containing other contents restricted or forbidden by applicable laws,regulations, rules, provisions and other legal standards.
VII.Private Policy and Data
7.1 Itis crucial for Onida to protect your personal information. Onida prepares Privacy Policy of OnidaSmart Platform[VR1] , inwhich contents related to ownership and protection of intellectual property,collection, use, share, storage and protection, etc. of your information aredisclosed. VIII.Exception Clauses
IX.Agreement Termination and Breach of Agreement
9.1You should understand that you shall use the licensed software according toauthorization scope, respect intellectual property of software and contentscontained in the software, and perform obligations according to the Agreementwhen using Onida's services. Onida will terminate the application license ifyou are in material breach of the Agreement.
9.2Your application of the software relies on supporting services supplied byOnida's related companies. Breach of terms, agreements, rules, annunciation andother relevant regulations of Onida and its related companies may cause failurein normal usage of licensed software, in which case, Onida shall be entitled toterminate the application license, or take measures to restrain yourapplication license or other rights and interests controlled by Onida as agreedin the Agreement, including suspension or termination of your applicationlicense.
9.3 Incase of your breach of the Agreement or other agreements signed with Onida,Onida shall have the right to notify the related companies, requiring them totake restrictive measures to your rights and interests, including requiringrelated companies to suspend or terminate supplying part or whole services foryou, and legally announce your breach of agreement on websites run or actuallycontrolled by them.
9.4The licensed software is downloaded from the downloading platform and you shallabide by stipulations of the download platform, system platform and terminalmanufacture on application ways and restrictions of the licensed software. Ifthe above mentioned third party confirms that you are in breach of theagreement and Onida's treatment is required, Onida may terminate your applicationlicense at the third party's request.
9.5When the application license terminates, you shall stop using the licensedsoftware and destroy all copies.
9.6You must bear all compensation responsibilities if Onida and other users sufferfrom losses caused by your breach of terms in the Agreement.
X.Governing Laws and Severability
10.1Effectiveness, explanation, change, execution and dispute settlement of theAgreement are subject to laws of the Govt of India.
10.2Dispute arising from or in connection with the Agreement may be settled by youand Onida through friendly negotiation or submitted to exclusive jurisdiction of Court of Mumbai. India, where the Agreement is signed for adjudication.
10.3When any term of the Agreement is judged to be invalid by the Indian Court, itwill not influence the effectiveness of other terms or any part thereof, andyou and Onida shall perform the valid terms in good faith.
10.4 The Agreement issigned in MIRC Electronics Ltd. Mumbai India.