Terms of Use

The following terms (“Terms of Use”) govern the access, viewing, or use by you (“user” or “you” or “your”) of Shepherd Watch (“Website”) which is owned and operated by Subconscious Compute Private Limited, an Indian company having its registered office at 1443, ‘B’ Block, Railway Parallel Road, Sahakaranagar, Bengaluru, Karnataka - 560092 (“Company” or “we” or “our”).

You acknowledge that these Terms of Use will be read in line with the privacy policy available at the Website (“Privacy Policy”) and any other agreement that you have entered into with the Company in relation to the use and access of the Website.

By accepting the terms herein, or by accessing, viewing or using the Website, you agree to be bound by the Terms of Use and these Terms of Use constitute your binding legal obligations towards the Company.

The Terms of Use may be modified (including suspension, cancellation or discontinuance of the Website) at any time by the Company by posting the changes on the Website, and you agree that it shall be your responsibility to ascertain the changes to the Terms of Use by visiting the Website. Any modified terms shall be applicable to your use of the Website without need for any further consent.

If you do not agree to these Terms of Use, you should not access, view or use the Website.

  1. Website Access
    1. General:
      1. You agree and understand that the Website and the contents therein are intended for people who are of the age of 18 years or above, and otherwise competent to contract. You hereby represent that you are 18 years of age or above and competent to contract.
      2. You represent that you have all rights required to provide the information that you provide, including the Information (as defined in the Privacy Policy) and represent that it is true and accurate.
      3. All Information will be used and processed in accordance with the Terms of Use and the Privacy Policy. You agree that you have read and understood the Terms of Use and Privacy Policy.
    2. You will be solely responsible for your acts or omissions on the Website.
    3. You understand and agree that the Company may, in its sole discretion, deny you access to the Website without notice, and you waive any right to claim access to the Website or any other claim that you may have. Any data pertaining to your usage may be retained or deleted at the Company’s sole discretion, subject to applicable law.
    4. The Website is solely for the purpose of providing you with details about our products, and only a separate written licensing agreement signed or otherwise accepted by you may create a binding licensing agreement between the Company and you in relation to the Company’s software products. Nothing set forth herein shall be construed to provide you with any rights in relation to our products.
  2. Permitted Uses
    1. You agree that you will use the Website and any information available on it, in accordance with the Terms of Use, the Privacy Policy, any other agreement that you have entered into with the Company and in accordance with the applicable laws.
  3. Prohibited Use
      In relation to the use and access of the Website, its content and features, you agree and undertake not to:
    1. re-sell the usage of the Website;
    2. host, display, upload, modify, transmit, publish, store, update or share:
      1. any information on behalf of a third party;
      2. any information or material which is grossly harmful, false, misleading, abusive, insulting or harassing on the basis of gender, bigoted, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, libelous, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise unlawful in any manner whatever;
      3. any information or material which may harm minors in any way;
      4. any information that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
      5. any information that impersonates another person;
      6. any viruses, malware or any other computer code, file or program designed to corrupt, interrupt, limit, destroy or otherwise impact the Website, Company’s computer systems, the computer systems of other users or third-party systems, or any other computer resource;
      7. anything which belongs to another person and to which you do not have any right;
      8. any material or information which infringes the patent, trademark, copyright or other proprietary rights (in whatever form) of any party;
    3. access the Website in any unauthorized manner, including by hacking or using log-in credentials of any other user;
    4. use the Website for any unauthorized marketing purposes or for sending any unsolicited materials or spamming;
    5. do any acts, or otherwise host, display, upload, modify, transmit, publish, store, update or share any information that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
    6. use any robot, spider, site search/retrieval application, web scraping tools or other device to retrieve, index or extract any portion of the Website;
    7. violate or invade the privacy of any person;
    8. violate any law, statute, order, rule, regulation, directive, ordinance, circular, notification, code of conduct or mandatory guideline.
  4. Independent Contractor
    1. You acknowledge that the Company is not acting as your agent. Consequently, the Company shall not be liable for any actions that are resultant from your use of the Website and expressly waives any liability in this regard.
  5. Disclaimer
    1. Except otherwise expressly provided, any content or information on the Website are provided “as is” without warranty of any kind, either express or implied, including without limitation, any implied warranties of merchantability, error-free usage, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components.
    2. The Website may contain links to third party platforms. The Company shall not be responsible in any manner for the contents of these third-party platforms/ websites and if you choose to use any links to view the third-party platforms/ websites, you choose to do so at your own risk.
  6. Intellectual Property
      You agree and understand that:
    1. the contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures and icons, are the sole property of the Company or its licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with the Company or its licensors.
    2. Save for the limited right to access and use the Website in accordance with the Terms of Use, on a non-exclusive and non-transferable basis, there are no other rights being granted to you in relation to the Website or any of its contents and functionalities.
    3. You have no right to make any copies of the whole or part of the Website or any of the contents therein.
    4. You have no rights to remove or modify (including removing any copyright notices or proprietary markings) any part of the Website.
  7. Indemnity
    1. You shall defend, indemnify, and hold harmless the Company, its principals, officers and employees against all claims, liabilities and costs (including reasonable attorneys’ fees), arising out of or in connection with these Terms of Use, or arising as a result of your actions or omissions, or arising from any third-party claims as a result of your actions or omissions.
  8. Limitation of Liability
    1. The aggregate liability of the Company to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with the Terms of Use, your access and use of this Website and its contents and functionalities, or for any reason related to the operation of the Website, shall not exceed Rs. 1000/- (INR One Thousand only). To the maximum extent permitted under applicable law, in no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not you have been advised of the possibility of such damages.
  9. General
    1. Force Majeure: In no event shall the Company be liable for any acts beyond its control or for any acts of God.
    2. Waiver: No waiver of any provision of the Terms of Use shall be binding unless executed and notified by the Company in writing to you. No waiver of any of the provisions of the Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims you have against the Company arising from your use of the Website or any other user’s conduct.
    3. Entire Agreement: The Terms of Use, the Privacy Policy, and any other agreement entered into with you shall constitute the entire agreement between you and the Company for the use of the Website. Any modification to the Terms of Use shall only be binding if posted on the Website by the Company.
    4. Severability: If any provision of the Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of the Terms of Use, which shall remain in full force and effect.
    5. Governing Law: The Terms of Use are governed by the laws of India (without regard to its conflict of laws principles).
    6. Dispute Resolution and Exclusive Jurisdiction: You irrevocably consent to the exclusive jurisdiction of the competent courts located at Bangalore, Karnataka, India for all disputes arising out of or relating to the Terms of Use. Subject to the foregoing, all disputes arising out of or in connection with these Terms of Use shall be settled in accordance with the rules of Arbitration and Conciliation Act, 1996. The parties shall mutually appoint a sole arbitrator to conduct the arbitration proceedings. The seat and venue of arbitration shall be Bengaluru and the language for arbitration shall be English. Each party shall bear its own expenses in the arbitration and shall share equally the costs of the arbitration; provided, however, that the arbitrator may, in its discretion, award costs and fees to the prevailing party. The parties acknowledge that the arbitral award pronounced by the single arbitrator shall be final and binding on the parties.
    7. Grievance Redressal: If you have any questions, concerns, complaints or grievances regarding the Website or its contents, please contact our Grievance Redressal Officer, namely Anterpreet Singh at hello@shepherd.watch. We shall endeavour to address all questions/complaints within fifteen (15) days from the date of receipt of such question/complaint.