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.

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 ERRORFREE.

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.