Mobile Application – Terms of Use

Effective Date: 1^ST JANUARY 2014

PLEASE READ THESE TERMS OF USE AGREEMENT CAREFULLY BEFORE DOWNLOADING THE MOBILE APPLICATION.

By downloading, accessing and/or using this mobile application (the “Application) owned by Kirloskar Brothers Limited. (“KBL”) you signify that you have read, understand and agree to be bound by all of the terms and conditions as set forth in this Terms of Use. KBL may change the terms of Use at any time and without notice, effective upon the posting of the revised Terms. Your continued use of the Application shall be considered your acceptance of the revised Terms of Use. You must have the most current version of the Application to ensure that it is working properly. It is your responsibility to periodically check the Application and/or respective AppStore/Market place, to determine if you have the most current version of the Application. If you do not agree to these Terms of Use, please do not download the Application.

Eligibility

To use the Application, you must:

– Be an individual (i.e., not a corporation) who is at least 18 years of age;

– Provide complete and accurate and valid registration information and maintain accurate registration information on the Site or Service; and

– Abide by all the Terms of Use.

We may terminate or suspend your access to the Application at any time, for any reason and without warning, which may result in the forfeiture and destruction of all information associated with your membership. We may also terminate or suspend your use of the Application immediately, without prior notice or liability, if you breach any of the Terms.

ACCOUNT SECURITY AND PASSWORD

If required, upon registration you will be provided with a login identifier and a password in order to use the Application. You are responsible for safeguarding such information from disclosure and unauthorized use. You are fully and solely responsible for all activities that occur in your account under your user name and password. You agree to notify us immediately upon learning of any unauthorized use of your account or any other breach of security.

GPS and Location Services Usage

GPS and location capture are required to enable core app features such as tagging installation/service locations and verifying on-site presence, which are essential for operational accuracy and user service delivery.

No Warranties

The Application is provided “as is” and “as available” without warranty of any kind. TO THE FULLEST EXTENT PROVIDED BY LAW, KBL EXCLUDE AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE APPLICATION, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitations of Liability and Indemnification

THE DOWNLOADING AND/OR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL KBL BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES (COLLECTIVELY “DAMAGES”) WHATSOEVER ARISING OUT OF OR RELATING TO THIS APPLICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD KBL, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES RESULTING FROM OR ALLEGED TO RESULT FROM YOUR USE OF THIS APPLICATION.

Ownership of Intellectual Property and Limited License

All intellectual property to this Application, including all Application material, is protected by copyright, trademark, or patent laws, and is owned exclusively by KBL. Intellectual property includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the Application. All trademarks, service marks and trade names are owned, registered and/or licensed by KBL. KBL grants to you a worldwide, non-exclusive, royalty-free, revocable license to: download this Application to a mobile devise via a web browser; use this Application as herein set forth; copy and store this Application and the material on this Application in your web browser cache memory; and print pages from this Application for your own personal and non-commercial use. KBL does not grant you any other rights whatsoever in relation to this Application or the material on this Application. All other rights are expressly reserved by KBL.

Use and Prohibited Use Restrictions

You may use the Application only for your own personal, non-commercial use. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without KBL’s prior written consent.

Governing Law and Dispute Resolution

These Terms of Use shall be construed and governed by the Laws of India. All disputes in relation to or arising out of these Terms of Use shall be settled in the courts of Pune, Maharashtra, India. KBL’s Mobile Application Privacy Policy and Disclaimer form part of these Terms of Use.

Contact Information

Kirloskar Brothers Limited, Global Headquarters: ‘Yamuna’ , Plot No 98, Baner, Pune – 411045, India. Contact Details : +91 20 2721 4444

Website :www.kirloskarpumps.com

Privacy Policy

Any information, which you provide to Kirloskar Brothers Limited. (KBL), whether on any forms you complete or through the Application, and any information which KBL has about you will be regarded by KBL as personal information and, subject to the Terms of Use, will be treated as confidential. KBL may collect and analyze your personal information. KBL will also use your personal information in the ordinary course of its business and for promotions and marketing. KBL will not sell, rent or provide your personal information to unauthorized entities or to third parties for their independent use without your consent. KBL may, however, share your personal information with its subsidiaries, affiliates and/or business partners. If KBL does pass your personal information on to its subsidiaries, affiliates and/or business partners, it will make them aware of the provisions of this privacy policy. KBL will release your personal information to a party if it believes that it is required by law or by a court to do so. KBL will also disclose your personal information if it believes that this is necessary to prevent or lessen any unlawful or harmful actions. If you ever want to update or correct any of your personal information held by KBL, kindly use the Contact Us option and send us the details. We will confirm any changes you have requested by e-mail. If you disclose any personal information to a third party, such as one of KBL affiliates or an entity which operates a Website linked to the application or anyone other than KBL, you must be aware that KBL does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Disclaimer

THE APPLICATION IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION IS WITH YOU. SHOULD THE MATERIALS OR APPLICATION PROVE DEFECTIVE, YOU, AND NOT KS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. KBL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE APPLICATION (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KBL MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. KBL MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APPLICATION OR FROM KBL, ITS SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE KBL PARTIES”) SHALL CREATE ANY WARRANTY. KBL DISCLAIMS ALL EQUITABLE INDEMNITIES.