Tata Power is inter alia in the business of providing home automation solutions.
By entering into this Tata Power Account Agreement ("Agreement") with Tata Power, you may use the Tata Power mobile application TATA POWER "EZ HOME", for home automation solutions, and purchase any other related products or services offered by Tata Power including smart IOT devices that control various household appliances at your home ("Tata Power Enabled Smart IOT Devices") through Tata Power EZ Home mobile application (collectively, "Services").
Please read this Tata Power Account Agreement carefully. For accessing or using the Services, you agree to be bound by the terms of this Agreement.
If you are submitting a Tata Power Account Application in connection with an offer or program ("Program") offered by Tata Power in conjunction with one of its partners (each, a "Program Partner"), you acknowledge and agree that any additional program-specific terms and conditions made available to you shall apply to your participation in such Program ("Program Terms"). To the extent there is a conflict between this Agreement and any Program Terms, the Program Terms shall control as it relates to your participation in the Program.
By entering into this Agreement, you agree to all the terms and conditions for using Tata Power Enabled Smart IOT devices, or using Tata Power EZ Home mobile application installed in any smart phone or similar technology.
You further agree to pay all the charges levied for the value added services provided through the Tata Power EZ Home mobile application as and when applicable. You also agree to use your Tata Power EZ Home mobile application solely in accordance with instructions provided to you by Tata Power and in compliance of all applicable laws and regulations, as well as any policies and rules related to Tata Power Enabled Smart IOT Devices.
You agree that you would be responsible for all use of the Tata Power mobile application under your user name.
You shall promptly update online any changes to your name, email address, mailing address, telephone number and payment gateway related information when that new information is first known.
If you allow another person(s) to use the Tata Power EZ Home mobile application for any Tata Power Enabled Smart IOT Devices, you agree to be responsible for all consequences of their usage of the mobile application.
In case your mobile phone with Tata Power EZ Home mobile application installed is lost or stolen, please report such loss or event to Tata Power Customer Service immediately (see contact information at the end of this document). You remain liable for all the actions initiated through the Tata Power EZ Home mobile application until such notification.
Tata Power Enabled Smart IoT Devices are capable of being controlled through voice commands through third party systems and applications like Amazon Alexa and Google Home. For use of the feature, you will need to authorize the third-party systems (software and networks), to use data from the Tata Power EZ Home mobile application. If you choose to use this feature, Tata Power disclaims any responsibility for the use of these third-party systems. By entering into this Agreement, you acknowledge that Tata Power is not responsible for the treatment, processing or use of the data by these third-party systems or for the expected behaviour or performance of Tata Power Enabled Smart IoT Devices when controlled through voice commands by third-party systems,
Some Tata Power Enabled Smart IoT Devices may offer an overload protection feature for household appliance(s) in case the appliance consumes excess power over and above the set value. This is a software feature available in Tata Power EZ Home mobile app, but cannot guarantee such protection and shall not be responsible for any damage caused to any household appliance due to electric overload. Customary electrical protection devices are recommended to be continued for the protection of the appliance(s).
Most Tata Power Enabled Smart IoT Devices require electrical installation and Tata Power disclaims all liability for any damage or injury caused in installation of any Tata Power Enabled Smart IoT Device.
Tata Power Enabled Smart IoT Devices would be connected to your household appliances in the form of smart switches/smart plugs as per the user guide. It is clarified that Tata Power is not liable for any malfunctioning of any household appliance connected to Tata Power Enabled Smart IoT Devices.
Tata Power Enabled Smart IoT Devices come with a warranty period of 12 months from the date of purchase. Tata Power’s obligation under this warranty is limited to the replacement or repair of the product only. Warranty is not applicable in the following cases:
- In case the product has been altered, dismantled or modified;
- In case any repair work is carried out by persons other than authorised service personnel of Tata Power;
- In case of installation or usage of the product not in accordance with the user guide/manual; and
- In case of damage/breakage/ non-functioning of the product due to faulty electric wiring/ cabling, abnormal voltage/ power supply beyond product specifications etc.
Once you select "agree and submit the Agreement" (see registration page for detailed wordings) and complete the registration procedure, or you use the Services in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, Tata Power has the right to unilaterally restrict, suspend or terminate the Services for you, and has the right to investigate your relevant responsibilities. Either Party may terminate this Agreement at any time without assigning any reason. Following any termination, you remain responsible for payments owed under this Agreement. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fines, or penalties, and you may be subject to collection actions for any unpaid balance.
Tata Power reserves the right to change the terms of this Agreement at any time by providing written notice to you, which, for these purposes, shall include an email sent to the email address you have on file with Tata Power. You agree that all changes become applicable to you when you use your Tata Power EZ Home mobile application after that date.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE TATA POWER ENABLED SMART IOT DEVICES AND THE TATA POWER EZ HOME MOBILE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TATA POWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to indemnify, protect, and hold harmless Tata Power and its directors, officers, employees, agents and distributors, and Program Partners, and their respective directors, officers, employees and agents (collectively, the "Indemnified Parties") from all liability for any loss, damage or claim arising from or related to your misuse or misapplication of the Services or otherwise for any breach of the terms of this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TATA POWER NOR ANY PROGRAM PARTNER SHALL BE LIABLE FOR, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TATA POWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE SERVICES.
To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnified Parties from all loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the Services, including the installation and use of the Tata Power Enabled Smart IOT Devices. You agree that none of the Indemnified Parties will incur any obligation or liability for any such loss, damage or injury to the maximum extent allowable by law.
Contact us at firstname.lastname@example.org if you have any questions.