Tata Power – Terms of Use
Welcome to TATA POWER EZ HOME IOT Platform!
Effective Date: 04.03.2020. 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 smart IOT devices at your home (“Tata Power Enabled Smart IOT Devices”) through Tata Power 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 pay all the fees (“Session Fees”) for access to Tata Power Enabled Smart IOT devices initiated by you, or using an application embedded in any smart phone or similar technology.
You further agree to use your Tata Power 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 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. You remain liable for all Session Fees billed to your account until you have notified Tata Power Customer Service of any changes in your Tata Power Offer(s) or until you have cancelled your account.
If you wish to submit a complaint regarding a particular transaction charged to your Tata Power Account, you shall notify Tata Power within 7 days of the date of the transaction at
https://www.tatapower.com/ezhome/support-services/customer-connect.aspx. The complaint shall clearly indicate the type of error in the transaction. Complaints regarding incorrect charging/billing are processed and determined by Tata Power. If and when, a complaint is accepted and verified by Tata Power, Tata Power shall compensate you for the amount without delay. If the complaint is rejected, Tata Power will inform you of the result within 90 days from the receipt of written complaint.
Session Fees will be charged to your account in accordance with the price configured. It is your responsibility to be aware of the price charged for access to the applicable Tata Power Enabled Smart IOT Devices. If you use, or allow another person to use, the Tata Power mobile application on any Tata Power Enabled Smart IOT Devices, you agree to pay the fees specified in that regard.
If mobile phone with Tata Power 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 Session Fees initiated through the Tata Power mobile application until such notification.
Your Tata Power mobile application usage is subject to the terms of the Tata Power Privacy Policy. Please see https://www.tatapower.com/privacy-policy.aspx for further details.
You may access and use mobile applications to obtain information regarding Tata Power Enabled Smart IOT Devices locations, User ID detail, device control records and other content and features that Tata Power may make available. You are responsible for all use of the Tata Power mobile application under your user name. You agree that, while Tata Power has attempted to provide accurate information on the Tata Power mobile application, such information may change frequently and in no event will Tata Power be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the Tata Power mobile application, or that any such information, materials, or other content is the most up-to date.
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 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 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 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.
This Agreement is to be construed according to the laws of India. You agree that any dispute over privacy or the terms contained in this privacy policy will be governed by the laws of India and all disputes arising out of or in connection with this Agreement shall be finally settled by arbitration to be held in Mumbai.
Contact us at
https://www.tatapower.com/ezhome/support-services/customer-connect.aspx if you have any questions