DigiPro Terms of Use
HAVELLS’ TERMS OF USE
1. INTRODUCTION
These Terms of Use ("Terms") govern the use of the Services (as defined below) provided by Havells Hvac LLC (“Havells” “our” “us” or “we”) to its customers and/or users (“you”, “your”).
By accessing or using our Services, you affirmatively accept and agree to these Terms. If you do not agree with these Terms, please do not use our Services.
2. DEFINITIONS
2.1. Website: refers to our www.havellshvac.com website, which includes a webstore to purchase our Products.
2.2. Products: refers to our entire catalog of electronic home appliances including the Smart Products (defined below) offered in the United States.
2.3. Smart Products: refers to our Products that come with Internet-enabled features, including the “Application” which refers to our Digipro Application or any other such applications, which can communicate with our Smart Products to provide you with several Internet-enabled features.
2.4. Smart Features: refers to the Internet-enabled features that are offered by our Smart Products.
2.5. Services: refers to all the services offered by us through our Website, Application, and Products, including delivery, installation, purchasing, returning, and other such services offered to the customer or user of the Products.
3. GEOGRAPHIC SCOPE
These Terms apply to the Services provided or distributed in the United States. If you are accessing or using Products or services in other countries, please be aware that different terms and conditions may apply. It is important to review the applicable terms for those specific countries, as they may vary based on local laws, regulations, and business practices. By using the Services outside of the United States, you agree to be bound by the relevant terms and conditions applicable in those jurisdictions.
4. AGE REQUIREMENTS
By using our Services, you represent and warrant that you are of legal contracting age, or otherwise under parental supervision. If you do not meet these requirements, do not access or use our Services. For any such users below legal contracting age (“Minor(s)”), the access and use of the Services can only be undertaken with the permission and under the supervision of their parent or legally appointed guardian (“Parent”). As the Parent, you must agree to and accept these Terms and the Privacy Policy on behalf of the Minor(s). Minors cannot, therefore, use the Services unless their Parent agrees to and accepts these Terms and the Privacy Policy on their behalf. If you agree to these Terms and the Privacy Policy on behalf of a Minor(s), you represent to us that you are their Parent. As a Parent, you must take full responsibility for a Minor(s)’ action while using the Services and any interaction with the Services, including but not limited to furnishing any personal information, submission of any User Content (as defined in Section 17 of the Terms), use of the Service, etc. This is a crucial obligation, so we advise you not to allow any access or usage of the Services without your supervision. As the Parent, you hereby agree to indemnify us for any loss, damage, or claim, by whatever name called, that accrues to us due to improper use of the Services, by the Minor(s) and undertake any liability thereto.
5. PRIVACY AND SECURITY
5.1. Our Services, including our Smart Products and Website may collect and process personal information of customers and users. By using or accessing these Services, you consent to the terms of our Privacy Policy.
5.2. You agree that Havells may store, process and use the data collected from your use of the Services, including any Smart Products and/or Smart Features, per the terms of the Privacy Policy. You agree that you will not share any sensitive personal information with us unless expressly allowed as per the terms of the Privacy Policy.
5.3. Any such data will be treated in conformance with the Privacy Policy which is available for our users and customers. If you wish to have access to the information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from us, please follow the update procedure set forth in the Privacy Policy.
5.4. Havells is committed to protecting your information with reasonable organizational, technical, and administrative measures. However, transmitting information over the internet carries some risk of privacy or security breaches, and the information you send us may be intercepted by others. You agree not to hold us liable for any damage resulting from such breaches.
6. TERMS OF CREATING AN ACCOUNT
To access certain Services, you may need to create a user account and are responsible for maintaining the confidentiality of your username and password and keeping the account and contact information up to date. Smart Products offered by us are accessible by way of your account on the Application. You shall be liable for any losses caused to us or any other third party due to activities under your account. You are responsible for notifying us immediately of any unauthorized use of your account. You are hereby expressly prohibited from using another person's account, interfering with another user's account, or soliciting another user's password. We are not liable for any loss or damage from your failure to comply. We reserve the right to terminate or suspend your account at any time for any reason at our discretion.
7. ORDERS; GENERAL
7.1. These Terms for the Products are incorporated into and form a part of any contract for the purchase of the Products (the “Order”), which includes but is not limited to the executed supply agreement or service agreement, purchase order and/or scheduling agreement issued by us. The Order shall also include any provisions incorporated by reference therein, and in case of any conflicts between the Order and these Terms, the Terms shall take precedence over such conflicting provisions.
7.2. By placing an Order, you make an offer to us to purchase the Products as per the Terms. We may or may not accept your offer at our discretion or may reduce the number of Products we agree to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission.
7.3. If we accept your order, we will notify you of our acceptance by issuing an order confirmation. We may send your order confirmation to you by e-mail, telephone, or any other permissible media, and this will be effective as of the date on which the Order confirmation is sent to you. If we cannot accept your Order, we will attempt to contact you by email, telephone, or any other permissible media.
7.4. Please note that the on-screen display of the colors, designs, and products may differ from the actual appearance or size of the Products displayed on the Website.
7.5. Notwithstanding any term herein to the contrary, we reserve the right to refuse or cancel an Order for any reason at any time, including to limit the quantities available to purchase, inaccuracies, or errors in Product or its pricing information, or problems identified by us, at our volition. If your Order is canceled after you have been charged, we will issue a credit to your provided source payment account equivalent to the amount charged to you, within a reasonable period of time. We will attempt to contact you if all or any portion of your Order is modified, canceled or if additional information is required to accept your Order.
7.6. We reserve the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per Order for any reason. We will attempt to notify you should such limits be applied.
7.7. We reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” will be defined as purchasing or intending to purchase any Product(s) from us for the purpose of engaging in a commercial sale of the same Product(s) to a third party. Any unauthorized reselling shall be at your own risk and consequences.
8. PAYMENT AND PAYMENT METHODS
8.1. Prices shall be those prices published “as is” and are subject to revisions. The prices published are exclusive of applicable taxes, shipping and handling costs, and duties, which are for your account. These costs will be calculated separately as applicable and specified on the Order then added to the total price of your Order.
8.2. The total price stated on the Order shall be the total amount payable by you for the Products including all taxes, recycling fees, duties, handling and shipping charges.
8.3. We hereby declare that our payment methods are compliant with the PCI-DSS standards. You may pay for your Products by any of the payment methods specified in the Order in the specified currency.
8.4. If you are paying by credit card, then you must provide your credit card details when you place your Order. Your credit card will be charged when we issue your invoice or at the time of shipment of your Products. We will neither supply the Products to you nor perform the Services until your credit card issuer has authorized the use of your card for payment of the Products and/or Services ordered. If we do not receive such authorization, we will inform you accordingly. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
9. DELIVERY
9.1. Subject to these Terms, we will supply the Products to you, as indicated on your Order confirmation. We reserve the right to change the mode of delivery, at our discretion, for any operational purposes. Orders placed on this site can only be delivered in the United States of America.
9.2. Delivery costs, where applicable, are payable by you, as indicated on your Order.
9.3. We will deliver the Products to the delivery address you specified in the Order and in accordance with the viable delivery option. In the event you order various Products to be delivered to different addresses, you will need to submit a separate Order for each delivery address. Any delivery or shipment dates given by us are best estimates only and we will not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event any of the Products ordered are out of stock, this may mean the whole Order is delayed. If so, an estimate of the delay will be given by e-mail, but delivery shall in any case be made within a reasonable period of time.
9.4. Title to and risk of loss of your Products and/or the Services will pass to you on delivery of the Products.
10. RETURNS, REFUND, & EXCHANGE
10.1. You may return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product (except any such other charges) as per the terms of your Order, provided you contact us within thirty (30) calendar days of the date of delivery of the Product. For clarity, any service entitlement through the Smart Product or the Smart Features is non-refundable.
11. INSTALLATION
Based on the Product that you purchase from us, we may provide free or charged installation services as per the terms of your Order. By choosing to avail our installation services, if provided, you take the responsibility for ensuring that the installation site is suitable for the Product, including but not limited to, having necessary electrical connections and structural support. We will not be liable for any damages or malfunctions resulting from improper installation, unauthorized alterations, or use of non-approved installation materials.
12. WARRANTIES AND DISCLAIMERS
Havells may provide a warranty for the Product that you purchase subject to the terms of the Order. However, you agree that, to the extent permitted by law, Havells, makes no implied warranty or condition, for any deficiency, wear and tear, acts of God, reliability, performance, or any other aspect related to the Products, and/or the Services. The limited warranty set out above will not affect or prejudice your statutory rights.
13. LIABILITY
13.1. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services, we are not liable for any service provided by any third-party, including but not limited to any seller, vendor, service provider, in relation to any of the Services.
13.2. Except where set out in paragraph 13.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Order.
13.3. Any warranty, condition, or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied in or incorporated into the Order by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13.4. Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
13.5. Subject to clause 13.4 Havells will not be liable under the Terms and/Order, for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Havells’ maximum aggregate liability under the terms whether in tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to Havells in respect of the Product(s) in question.
14. COMMERCIAL COMMUNICATION
14.1. You expressly consent to receive any commercial or non-commercial message, email, or call from us on the contact information shared by you while inquiring, availing, or otherwise reaching out to us in any other form to communicate regarding our Services. You represent that the contact information shared with us belongs to you. You may opt-out of our commercial communication by reaching out to us at info@havellshvac.com or 844-986-1668.
14.2. We reserve the right to modify, temporarily, or permanently discontinue, or suspend any of our communication channels at our discretion, with or without prior notice. This includes, but is not limited to, customer service lines, social media platforms, email communication, and other digital or physical channels through which we may interact.
15. SMART PRODUCTS AND APPLICATION
15.1. Our Smart Products are subject to regular updates to improve our services. Updates to our Smart Products may include fixes, new features, changes or discontinuations of existing features, and restrictions on access. If you do not keep your software up to date or use an operating system or mobile device that supports the latest software, some features of the Smart Products may not be available or may not work properly.
15.2. You agree that the Smart Products marketed or informed to you may be removed, discontinued, or modified at any time through updates.
15.3. You agree that we may automatically update the Smart Products remotely to improve our Services and update the Smart Features.
15.4. You agree to provide us with accurate and correct personal information in the Application and allow us to communicate with you regarding our Services.
15.5. Proper functioning of our Smart Products depends on third-party devices and service providers, such as your Wi-Fi network and wireless device (e.g., smartphone or tablet). We are not responsible if these third-party devices and services do not interact with our Smart Products as desired by you. Interruptions, delays, or limitations in these services may affect the reliability or availability of the Smart Products. You are responsible for meeting any precondition set by these third-party devices and services for their use, including any costs payable towards such third-party devices and services.
15.6. When you delete your account on the Application or the Application itself, we will not be able to provide the Smart Features. By deleting, you declare that you no longer intend to use the Smart Products.
15.7. The Platform can interact with the third-party voice assistance integrated into our Application. To enable this integration, we may disclose certain device attributes to these third parties. Your interaction with these third parties is at your own risk and we do not take any liability in any manner whatsoever.
15.8. We reserve the right to temporarily or indefinitely suspend any functionality of our Smart Products at our discretion and without prior notice.
16. APP STORE TERMS
Availability of our Services depends upon the third-party platforms that allow downloading our Application. While you agree to comply with the terms of these third-party platforms, you acknowledge that your availability of our Services is contingent on these Terms.
17. USER CONTENT
17.1. The Services allow users to submit content like reviews, images, videos, and comments (“User Content”). You are solely responsible for your User Content and may submit only if you own all rights or have the necessary permissions, and it complies with these Terms, the terms of any platform that does not belong to us, and all applicable laws.
17.2. You must not submit content that is harmful, false, infringes on rights, violates laws, or promotes commercial activities without permission. We reserve the right to remove any User Content at our discretion, wherever we have the authority to make such decisions.
17.3. By submitting User Content, you grant us and our affiliates a global, perpetual license to use, modify, and distribute it, waiving any moral rights. We may use any feedback you provide without restriction or compensation.
17.4. When sharing User Content on social media, you allow us to reproduce it with your username or handle. You are responsible for adhering to the terms of the social media platforms you use.
18. ACCEPTABLE USE POLICY
You are permitted to use the Services solely for personal, family, and household purposes, provided you comply with these Terms. We retain all rights, title, and interest in and to the Services and the content therein. You may only use our Products that you either own or are authorized to use, and your usage must comply with all applicable laws. It is prohibited to use the Services in any harmful or unlawful way, including but not limited to, the use of protected materials without authorization, uploading harmful software, impersonating others, sending unauthorized advertisements, interfering with our Services, or any such unauthorized use of our Services.
19. THIRD-PARTY SERVICES AND EXTERNAL LINKS
The Services may display or direct you to third-party product listings, descriptions, images, and promotions. While we strive for accuracy, we have no obligation to ensure that this content is error-free, complete, reliable, current, or in compliance with applicable laws. We do not control or endorse them and are not responsible for their content, claim, or functionality. Any use of these services is at your own risk and subject to their specific terms and policies. Further, we reserve the right to block or disable access to them at any time without prior notice.
20. INTELLECTUAL PROPERTY RIGHTS
All content on the Services—including but not limited to graphics, drawings, design, text, software, and their selection and arrangement—is protected by copyright laws in the United States and globally. We grant you permission to use the Services solely for personal purposes. You shall not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the content or Services, nor use them for commercial purposes, whether for yourself or on behalf of a third party. The entirety of the Services, including their features and functions, is owned by Havells, its licensors, or other content providers and is safeguarded by intellectual property laws, including copyright, trademark, patent, trade secret, and other proprietary rights. All trademarks, service marks, and trade names are the trademarks or registered trademarks of Havells, its subsidiaries, or other entities that have granted Havells the right to use these marks. You shall not use these trademarks without our express written consent.
21. GOVERNING LAW; DISPUTE RESOLUTION
21.1. These Terms, your relationship with us, and your use of the Services are governed by and construed in accordance with the laws of Delaware.
21.2. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 45 (forty-five) calendar days in which to respond. Notice shall be sent by registered mail to us at info@havellshvac.com. Both you and Havells agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
22. MISCELLANEOUS PROVISIONS
22.1. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain valid and enforceable. The invalid provision will be interpreted to reflect the parties’ original intent as closely as possible.
22.2. Non-Waiver: Any delay or failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision in the future. A waiver must be in writing and signed by an authorized representative to be effective.
22.3. Representation and Warranty: You represent and warrant that you have the legal capacity and authority to enter these Terms. Your use of the Services will comply with all applicable laws and regulations, and you have the right and authority to grant the permissions described in these Terms. All the information provided by you is correct, accurate, and does not infringe on any third-party rights. You confirm that you will not use the Services in any unlawful or prohibited manner.
22.4. Indemnity: Except to the extent prohibited under applicable laws, you agree to defend, indemnify and hold harmless Havells its affiliates, shareholders, directors, officers, employees, agents, representatives as well as each of their licensors, suppliers, and service providers, from and against all claims, damages, losses, costs and expenses (including attorneys’ fees) arising out of (i) your use of, or activities in connection with, the Services; and (ii) any violation or alleged violation of this Agreement by you.
22.5. Modifications to Terms: We reserve the right to update, modify, or amend these Terms at any time to reflect changes in the Services, business operations, or for legal, regulatory, or security reasons. For significant changes, we will make reasonable efforts to notify you through the Application, Website, email, or other appropriate means. Continued use of the Services after such notifications constitutes acceptance of the revised Terms.
22.6. Survival of Provisions: Provisions of these Terms that, by their nature, should survive termination or expiration of the Services or these Terms will remain in effect. This includes, but is not limited to, provisions related to Indemnification, Limitations of Liability, and Dispute Resolution.
22.7. Force Majeure: We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
23. CONTACT US
For any concern, query, complaint, or feedback, you may reach out to us at info@havellshvac.com, 844-986-1668, or by mailing us at Havells Hvac LLC, USA, 215 Park Ave S, 11th Floor, Manhattan NY 10003.
*These Terms of Use were last updated on 27th December 2024. Please refer to our Privacy Policy to know more about your rights related to your personal information.