Last updated: March 23, 2022

Terms of Use and Disclaimer

TECH AT PLAY devices or any other devices or software which are utilised for tracking performance of the user (all such devices are hereinafter referred to as the “Product”). The Product is designed to be used by the TECH AT PLAY app (hereinafter referred to as the “Application”) and the TECH AT PLAY Website. These terms and conditions shall regulate the use of the product and the TECH AT PLAY App by you (“You”). The usage of the Website shall be governed by a separate Terms of Use.

Legal Use

You agree and undertake to not use the Product or the Application to infringe on the privacy of any third person or to use the Product in any manner that is not in compliance with applicable laws. You agree and undertake to allow all information collected by TECH AT PLAY to be utilized for the purposes of improvement of the Product or the Application and to ensure better provision of services by TECH AT PLAY to its customers.

Indemnity

You agree to defend, indemnify and hold harmless TECH AT PLAY from any third party claims, from and against any and all the costs, expenses, losses, liabilities, damages, demands and/or claims arising due to or as a consequence of your use of the Product or the Application. TECH AT PLAY will retain the exclusive right to settle, compromise and pay, without Your consent, any and all claims or causes of action which are brought against us. TECH AT PLAY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agrees to cooperate with our defense of these claims. You agree not to settle any matter in which TECH AT PLAY is named as a defendant and/or for which You have indemnity obligations under this clause, or otherwise, without TECH AT PLAY’s prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

Estimated Life of the Product

The estimated life of the products is 12 months. The battery is (replaceable/ irreplaceable). If the Product is physically damaged in any way possible or if there is any attempt to open the casing of the Product, the Product may malfunction and TECH AT PLAY will not be liable for any damage caused to the Product or because of any lack of functionality of the Product whatsoever.

Return policy

The Product, once bought, cannot be returned for a refund. If the Product is delivered in a damage state, it may be returned at the cost of the Buyer and a replacement shall be sent forthwith by TECH AT PLAY.

International users and choice of law

Any action that you wish to bring against TECH AT PLAY shall be subject to the laws of India. These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the appropriate court in New Delhi, India will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to personal jurisdiction in such forum.

Any cause of action you may have with respect to your use of the Product or the App must be commenced within one (1) year after the claim or cause of action arises. If, for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Disclaimer

TECH AT PLAY its parent company or subsidiaries shall not be liable for any loss, damage or injury suffered by you or a third person because of any failure of the tracking process. The functionality of the Product and the Application is dependent on many factors, including environmental and technological factors which are beyond the control of TECH AT PLAY. Under no circumstances shall the liability of TECH AT PLAY be more than the amount paid by You for the Product. This limitation will apply to any loss, damage or injury suffered for any reason whatsoever by You or to any third-person.

The Product will not function after the expiry of its battery and it must be replaced immediately. The usage of the Application will be dependent upon the speed of Internet network and ability of client to use the web application.

Entire Agreement And Waiver

These Terms of Use constitutes the entire agreement between TECH AT PLAY and you with respect to your use of the Product or the App. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

No Agency Or Partnership

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and TECH AT PLAY and you shall have no authority to bind TECH AT PLAY in any form or manner, whatsoever.