TERMS OF SERVICE


Our Terms of Service were updated on 25-August-2017

Terms and Conditions for Rental cum Subscription Agreement

By accessing and using the Service/Product you accept and agree to be bound by the terms set forth below (the “Terms and Conditions”). All use of the Service/Product is subject to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Services/Product. By continuing to use the Services/Product, you agree to be bound by these Terms and Conditions.

CUSTOMER CARE

Should you have any questions about the Service/Product, please contact us or email our Customer service department.

TERMS AND CONDITION:

To avail the Services you will rent the Product and the necessary Accessories and the Services shall be subject to the Terms and Conditions mentioned herein below:

RENTAL.

The initial rental date of the Product will commence on the date when you receive the Product and ends on the day Product is dispatched to our office through reputed courier or speed post and you provide us the proof of such dispatch by courier or speed post. We may charge the shipping & handling charges extra upon our sole discretion. All packages are shipped via the method you chose during the purchase process. Tracking numbers will only be provided upon request.

Upon termination of the rental period or the end of the contract period you are required to return back the Product and all Accessories to the communicated address. If you are shipping the Product back, you may ship at your expense (i.e. shipping charges, rental for the transit period) and provide the tracking number to initiate the closure process of the contract .The Agreement will be terminated upon clearing of all the dues and the receipt of Product in our office. If you would like to return the Product personally, you are welcome to do so. The Agreement will end the next day the Product is returned. There are no charges or penalties for early returns on any type of agreement.

If the Product mal-functions during usage, please call the Customer Care immediately on the provided customer care number. We will provide technical support over the phone or send a replacement unit as soon as possible.

We do not store any data on the Product. Upon termination once the Product is received by us any data loaded onto the Product is cleared off and destroyed. The Product is being delivered for purposes for the period stated in the Service Order. Upon receipt of the Product you assumes all responsibility for the retail replacement cost of the Product including all Accessories; due to damages, loss or theft until the Product has been returned to us. If the Product is returned with anything missing in that case you will be charged the retail replacement cost. If the Product is returned with any damages our team will inspect the Product and determine the cause. If the cause of the damages attributable to user error and/or mistreatment you will be charged for the full retail cost of the damages or replacement of Product as we may deems fit and appropriate . We reserve the right to deduct such damages from the Security Deposit or forfeit the complete Security deposit to compensate the damages caused to the Product or the loss or theft of the Product.

Rental contract(s) will be post-paid and will be billed monthly at the end of the of the each subscription month and payable within 15 days of the date of the bill/invoice .The full and final settlement of invoice will be sent out after the Product is returned and will include any applicable charges as well as any applicable Product replacement/repair costs of unit or Accessories. Any applicable replacement or repair costs to Product will be invoiced separately.

PRODUCT AND USE.

YOU AGREE TO COMPLY WITH ALL APPLICABLE STATE, LOCAL, AND FOREIGN LAWS, RULES AND REGULATIONS REGARDING THE USE OF THE PRODUCT AND THE SERVICES PROVIDED BY US.

KYC REQUIREMENT.

As required by applicable laws in order to avail the Service on the Product seamlessly you need to complete the KYC norms as laid down by Department of Telecommunication, Government of India and Telecom Regulatory Authority of India from time to time. You need to ensure that all the details provided by you are true and correct to the best of your knowledge and beliefs .You understands and acknowledges that we shall not be liable for any compensation to the you nor be liable to refund the amount paid by the you under any circumstances if any information provide by you in the KYC is incomplete or incorrect .You further acknowledge to intimate us any change of address within one week of such change along with new proof of address. In the event of incomplete and/or incorrect information, we reserve the right to reject or cancel Services in whole or in part.

PRIVACY STATEMENT.

Your right to privacy is important. We believes that the personal information you choose to furnish online should only be used to help us provide you with the highest quality products, Service and support. For analytics purposes we will maintain and process the anonymous data collected during your usage of Product. WE WILL NOT share this information with any other party without a court order.

CHARGES.

You are responsible for paying all charges resulting from Services provided under this Agreement. Charges include, without limitation, recurring monthly Service, any other changes if incurred, applicable taxes and late payment charges. Except as provided below, monthly Service and certain other charges are billed one month in advance and there is no proration of such charges if Service is terminated on other than the last day of your billing cycle. You agree to pay for the Product and Services subscribed by you as per Service Order.

If the rented Product is lost or stolen, you will be responsible for the cost of the Product and all subscription charges incurred until you report the theft or loss to us. After you report the theft or loss to us, you remain responsible for complying with your obligations under this Agreement till the date of final settlement of accounts. You also remain responsible for paying your monthly Service fee if your Service is suspended for non-payment and rented Product has not been returned. We may require payment by cheque, demand draft, online digital payment or any other payment mode as may be implemented from time to time at our discretion. We will charge you applicable fee for any cheque or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason.

Payments received after the due date will incur late payment charges @ 24% per annum or as specified by us. The late payment charges shall become chargeable on all outstanding Charges for the period from the due date till the date of Payment.

The Service fee and other applicable charges shall be governed by the applicable tariff plan subscribed by you notwithstanding as to what is stated herein, we reserves the right to withdraw/deactivate/ terminate the Services if the fee or the Service fee is not made by the due date.

You agree to reimburse us the fees of any collection agency, which we may use to recover the due amount and charges, we may change you all costs and expenses, including reasonable attorneys' fees, which we incur in such collection efforts.

In the event the cheque deposited by you towards payment of the bill is dishonoured in that case an SMS message sent or call warning or email notified to you on the mobile number or any other verbal or written communication shall be construed as due notice in this regard.

In case such disconnection is effected for such dishonour of Cheque, you have to apply for reactivation of the connection for subscription of the Service, after having absolved yourself of the due payment. We reserves the right to charge for such reactivation at such rates as may be determined by us from time to time. Without prejudice to the generality of the above it shall be our sole discretion to allow or refuse such reactivation.

We reserve the right to predetermine credit limit to usage of Services availed by you. In the event you have exceeded the predetermined credit limit, you will be responsible to forthwith pay for all the Services availed by you. We further reserves the right to totally or partially disconnect or suspend the Services, with or without notifying you in the case you exceeds the prescribed credit limit. In the event you exceeded the predetermined limit you will be responsible to pay for all the Services availed by you beyond the stated limit. However we may on our sole discretion enhance your credit limit and any such allowances made by us shall not create any right in favour of you to such increased amount of credit limits in future.

ADVANCE PAYMENTS AND/OR DEPOSITS.

We may require you to make deposits or advance payments for Services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate.

Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain Service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.

SECURITY DEPOSIT.

Based on the applicable tariff plan opted by you for the Product and subscription of Services you need to deposit applicable Security Deposit at the time of of Product and subscription of Services as mentioned in the Service Order. The Security Deposit will be held and returned to you in whole or in part upon successful receipt of the Product and all the Accessories in the same undamaged, working condition that was provided to you at the time of Service commencement date. We will change you the applicable Product cost if the Product is stolen or lost or damaged by you. We will be entitled to retain and adjust the Security Deposit against the full or partial satisfaction of any sums due from you including lost or damage to the Product at the end of the Services or termination of the Services the balance (if any) of the Security Deposit will be repaid to you on fulfilment of such conditions as may be intimated to you. No Interest will be paid on the Security Deposit.

CHANGES TO TERMS AND RATES.

We may change any terms, conditions, rates, fees, expenses, or charges regarding Service at any time. We will provide you with notice of such changes. If we increase the price of any of the Services to which you subscribe, we will disclose the change at least one billing cycle in advance (through an email address as provided by you).

You authorize us to provide information about and to make changes to your account, including adding new Service, upon the direction of any person able to provide information we deem sufficient to identify you.

REFUND AND CANCELLATION POLICY OF ONLINE PAYMENT

In the event of failed transaction, the amount shall be credited/refunded back to Your card account as per applicable payment gateway policies. During any transaction, the Website shall notify you about the payment gateway being used. Your payment will normally reach to our account within two working days of such transaction. We cannot accept liability for payment not reaching to our account due to incorrect account number or incorrect personal details quoted by you. We are not liable if payment is refused or declined by the credit/debit card service provider for any reason. If the card service provider declines payment, we are under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card service provider that payment has been deducted from your account.

The amount transferred through online payment against your obligation is non-refundable. The Service Charges and Taxes (as applicable for online payment) paid in addition to the amount is also non-refundable. If you failed to provide the appropriate payment details and the purpose of amount transferred, there shall be no entitlement to refund of payment made which includes amount, service charges and taxes, as applicable. Refunds, if applicable, at our sole discretion, will only be made to the debit/credit card used for the original transaction.

Refund Policy in case of broken payment transaction during the online payment, the amount including applicable Service charges and taxes is debited from the related account but payment status is not updated successfully at our end, this payment transaction is referred as ‘Broken Payment Transaction’. The payment debited against the Broken Payment Transaction is refundable and components of applicable Service Charges and Taxes in the paid amount are non-refundable. The refund of the refundable amount against the Broken Payment Transaction shall be made by the bank as per applicable government guidelines.

SERVICE/COVERAGE LIMITATIONS.

Service is not available at all times in all places. While we believe we have the most comprehensive coverage available, there can be gaps in wireless service areas. Tracking services may not be available from time to time due to issues including, but not limited to, internet outages and server maintenance. You accept our Services with these limitations. We are not responsible for interruptions in Service that are outside of our reasonable control or the network service provider.

Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by national security and emergency preparedness personnel in the event of a disaster or emergency, coordination with other systems, Product modifications and repairs, and problems with the facilities of interconnecting carriers. On the best effort basis we will maintain the Service uptime of 99%. We will attempt to respond the complaints of service failure as soon as possible upon the registration of such complaint to our customer care.

LIMITATION OF LIABILITY.

We may, but do not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to you. There are gaps in Service within the Service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT WESHALL BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:

a. act or omission of a third party;

b. mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the Service provided by or through us;

c. damage or injury caused by the use of the Service or Product, including use in a vehicle;

d. claim against you by third parties; or

e. damage or injury caused by a suspension or termination of Service by us.

Our liability to you for Service failures are limited solely to the credit set forth above. We will be not liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Service or Product provided by us, including loss of business or goodwill, revenue or profits, or claims of personal injuries.

To the fullest extent allowed by law, you hereby release, indemnify, and hold us and our officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, Service provided by us or any use thereof or of the Product, INCLUDING CLAIMSARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE, or any violation by you of this Agreement. This obligation shall survive termination of your Service with us. We are not liable to you for changes in operation, Product, or technology that cause you Product or software to be rendered obsolete or require modification.

INTELLECTUAL PROPERTY.

We retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in the Website or relating to the Product and Services (collectively the “Our Intellectual Property”) that are the exclusive property of us and/or its licensors. We do not transfer any rights to you for any of Our Intellectual Property.

Content of the Services that incorporates or includes any of the Our Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, translated, reverse engineered, decompiled, disassembled, or used to make derivative works or improvements or otherwise exploited for any other purposes whatsoever without the prior written consent of us or the rightful owner, as applicable.

WARRANTY DISCLAIMER.

THE SERVICES/ PRODUCT ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU AGREE THAT THE USE OF THE SERVICES/ PRODUCT SHALL BE AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES/ PRODUCT OR ACCESS THE SERVICES AT ALL TIMES OR PLACES, WE WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THE SERVICES WILL BE OPERABLE WITH YOUR PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT.

TERMINATION.

We may terminate this Agreement at any time if we cease to provide Service in your area. We may interrupt or terminate your Service without notice for any conduct that we believe violates this Agreement or any term and conditions of your plan, or if your behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if we discover that you fail to make all required payments when due or if we have reasonable cause to believe that Services/Product is being used for an unlawful purpose or in a way that may adversely affect our Service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment of deposit.

FORCE MAJEURE.

We will be not liable to you for any failure on our part to perform any of obligations mentioned herein by reason of Force Majeure Event. To the extent possible we will provide you prompt notice of the applicable circumstance and will use commercially reasonable efforts to re-commence performance as promptly as possible; and provided that if our performance is delayed for a period of more than thirty (30) days by reason of any Force Majeure Event, then you may by written notice to us either: (a) terminate this Agreement; or (b) extend the Term of this Agreement for a number of days equal to the duration of the affected non-performance .

SEVERABILTY.

This Agreement, the terms included in the tariff plan describing your plan and Services, and any documents expressly referred to herein or therein, make up the complete Agreement between you and us, and supersede any and all prior Agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect.

ASSIGNMENT.

We may assign this Agreement, but you may not assign this Agreement without our prior written consent. We reserve the right to contact you by any means regarding customer Service related notifications, or other such information.

JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under Agreement and your use of the Product/Services resides in the courts of New Delhi and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action. ********

TRANSPARENCY REPORT


REQUESTS FOR USER INFORMATION

Just like many other technology companies, Company may get requests or orders from governments and courts around the world to hand over user data. We made this page to shed some light on these requests and how we process and handle them. When we receive a request for user information, we review it carefully and only provide information within the scope and authority of the request. Privacy and security are incredibly important to us. Before complying with a request, we make sure it follows the law and Company’s policies. We notify users about legal demands as and when appropriate, unless prohibited by law or court order. And if we think a request is overly broad, we’ll seek to narrow it.

KYC REQUIREMENT

In order to avail the complete Service seamlessly, you need to complete the KYC norms in as laid down by Department of Telecommunication, Government of India and Telecom Regulatory Authority of India from time to time. You need to ensure that all the details provided by you are true and correct to the best of your knowledge and beliefs .You understand and acknowledge that we shall not be liable for any compensation to the you nor be liable to refund the amount paid by the you under any circumstances, if any information provide by you in the KYC is incomplete or incorrect. If during verification process by the network service provider or any government security agencies, it is found that your details are not correct then your subscription will be disconnected forthwith and the you shall be solely responsible of any consequent hardship. In the event of incomplete and/or incorrect information, we reserve the right to reject or cancel Services in whole or in part.

Our Product and Subscription Services offered are not designed and tested for use in all countries. If you choose to access the Store and/or use the Product and Subscription Services outside India (each, a "Target Country"), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws of that country including any laws related to user information and laws related to disclosure of such information as may be requested from governments and courts around the world to hand over user data .To the extent permissible by law, Company accepts no responsibility or liability for any damage or loss caused by your access or use of the Store, Product and Subscription Services in a non-Target Country.

REFUND AND CANCELLATION POLICY OF ONLINE PAYMENT


In the event of failed transaction, the amount shall be credited/refunded back to your card account as per applicable payment gateway policies. During any transaction, the Website shall notify you about the payment gateway being used. Your payment will normally reach to our account within two working days of such transaction. We cannot accept liability for payment not reaching to our account due to incorrect account number or incorrect personal details quoted by you. We are not liable if payment is refused or declined by the credit/debit card service provider for any reason. If the card service provider declines payment, we are under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card service provider that payment has been deducted from your account.

The amount transferred through online payment against your obligation is non-refundable. The Service Charges and Taxes (as applicable for online payment) paid in addition to the amount is also non-refundable. If you failed to provide the appropriate payment details and the purpose of amount transferred, there shall be no entitlement to refund of payment made which includes amount, service charges and taxes, as applicable. Refunds, if applicable, at our sole discretion, will only be made to the debit/credit card used for the original transaction.

Refund Policy in case of broken payment transaction during the online payment, the amount including applicable Service charges and taxes is debited from the related account but payment status is not updated successfully at our end, this payment transaction is referred as ‘Broken Payment Transaction’. The payment debited against the Broken Payment Transaction is refundable and components of applicable Service Charges and Taxes in the paid amount are non-refundable. The refund of the refundable amount against the Broken Payment Transaction shall be made by the bank as per applicable government guidelines.

TERMS OF SERVICE


Our Terms of Service were updated on 25-August-2017

Terms and Conditions for Sale cum Subscription Agreement (hereinafter ‘Agreement’) By accessing and using the Service/Product you accept and agree to be bound by the terms set forth below (the “Terms and Conditions”). All use of the Service/Product is subject to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Service/Product. By continuing to use the Service/Product, you agree to be bound by these Terms and Conditions. CUSTOMER CARE

Should you have any questions about the Service/Product, please contact us or email our Customer service department. TERMS AND CONDITION:

To avail the Services you will purchase the Product and the necessary Accessories and the Services shall be subject to the Terms and Conditions mentioned herein below:

Sale of Product.

Upon payment of the applicable Product cost we will ship/deliver the Product to you. We may charge the shipping & handling charges extra upon our sole discretion. All packages are shipped via the method you chose during the purchase process. Tracking numbers will only be provided upon request. The Product will be covered by the warranty to cover any mal-functions during the warranty period, please call us immediately on the provided customer care number in case you find any erroneous behaviour on the Product/Services. We will provide technical support over the phone or rectify the defect as soon as possible during the warranty period. Product purchased for use on our Service may not function on other services.

Services are provided separately and billed monthly at the end of the of the each subscription month and payable within 15 days of the date of the bill/invoice or if you are planning to purchase the multiple Products for multiple account the Services shall also be provided separately to each Products as per the separate Service Order generated to avail the Services, Service invoices will be sent once a month in the monthly billing cycle.

PRODUCT AND USE.

YOU AGREE TO COMPLY WITH ALL APPLICABLE STATE, LOCAL, AND FOREIGN LAWS, RULES AND REGULATIONS REGARDING THE USE OF THE PRODUCT AND THE SERVICES PROVIDED BY US.

KYC REQUIREMENT.

As required by applicable laws in order to avail the Service on the Product seamlessly you need to complete the KYC norms as laid down by Department of Telecommunication, Government of India and Telecom Regulatory Authority of India from time to time. You need to ensure that all the details provided by you are true and correct to the best of your knowledge and beliefs .You understands and acknowledges that we shall not be liable for any compensation to the you nor be liable to refund the amount paid by the you under any circumstances if any information provide by you in the KYC is incomplete or incorrect .You further acknowledge to intimate us any change of address within one week of such change along with new proof of address. In the event of incomplete and/or incorrect information, we reserve the right to reject or cancel Services in whole or in part.

PRIVACY STATEMENT.

Your right to privacy is important. We believes that the personal information you choose to furnish online should only be used to help us provide you with the highest quality Products, Service and support. For analytics purposes we will maintain and process the anonymous data collected during your usage of Product. WE WILL NOT share this information with any other party without a court order.

CHARGES.

You are responsible for paying all charges resulting from Services provided under this Agreement. Charges include, without limitation, recurring monthly Service, any other changes if incurred, applicable taxes and late payment charges. Except as provided below, monthly Service and certain other charges are billed one month in advance and there is no proration of such charges if Service is terminated on other than the last day of your billing cycle. You agree to pay for the Services subscribed by you as per Service Order.

If your Product is lost or stolen, you will be responsible for the all subscription charges incurred until you report the theft or loss to us. After you report the theft or loss to us, you remain responsible for complying with your obligations under this Agreement till the date of final settlement of accounts. You also remain responsible for paying your monthly Service fee if your Service is suspended for non-payment .We may require payment by cheque, demand draft, online digital payment or any other payment mode as may be implemented from time to time at our discretion. We will charge you applicable fee for any cheque or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason.

Payments received after the due date will incur late payment charges @ 24% per annum or as specified by us. The late payment charges shall become chargeable on all outstanding Charges for the period from the due date till the date of Payment.

The Service fee and other applicable charges shall be governed by the applicable tariff plan subscribed by you notwithstanding as to what is stated herein, we reserves the right to withdraw/deactivate/ terminate the Services if the Service fee is not made by the due date. You agree to reimburse us the fees of any collection agency, which we may use to recover the due amount and charges, we may change you all costs and expenses, including reasonable attorneys' fees, which we incur in such collection efforts.

In the event the cheque deposited by you towards payment of the bill is dishonoured in that case an SMS message sent or call warning or email notified to you on the mobile number or any other verbal or written communication shall be construed as due notice in this regard. In case such disconnection is effected for such dishonour of Cheque, you have to apply for reactivation of the connection for subscription of the Service, after having absolved yourself of the due payment. We reserves the right to charge for such reactivation at such rates as may be determined by us from time to time. Without prejudice to the generality of the above it shall be our sole discretion to allow or refuse such reactivation.

We reserve the right to predetermine credit limit to usage of Services availed by you. In the event you have exceeded the predetermined credit limit, you will be responsible to forthwith pay for all the Services availed by you. We further reserves the right to totally or partially disconnect or suspend the Services, with or without notifying you in the case you exceeds the prescribed credit limit. In the event you exceeded the predetermined limit you will be responsible to pay for all the Services availed by you beyond the stated limit. However we may on our sole discretion enhance your credit limit and any such allowances made by us shall not create any right in favour of you to such increased amount of credit limits in future.

ADVANCE PAYMENTS AND/OR DEPOSITS.

We may require you to make deposits or advance payments for Services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate.

Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain Service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.

CHANGES TO TERMS AND RATES.

We may change any terms, conditions, rates, fees, expenses, or charges regarding Service at any time. We will provide you with notice of such changes. If we increase the price of any of the Services to which you subscribe, we will disclose the change at least one billing cycle in advance (through an email address as provided by you).

You authorize us to provide information about and to make changes to your account, including adding new Service, upon the direction of any person able to provide information we deem sufficient to identify you.

REFUND AND CANCELLATION POLICY OF ONLINE PAYMENT

In the event of failed transaction, the amount shall be credited/refunded back to your card account as per applicable payment gateway policies. During any transaction, the Website shall notify you about the payment gateway being used. Your payment will normally reach to our account within two working days of such transaction. We cannot accept liability for payment not reaching to our account due to incorrect account number or incorrect personal details quoted by you. We are not liable if payment is refused or declined by the credit/debit card service provider for any reason. If the card service provider declines payment, we are under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card service provider that payment has been deducted from your account.

The amount transferred through online payment against your obligation is non-refundable. The Service Charges and Taxes (as applicable for online payment) paid in addition to the amount is also non-refundable. If you failed to provide the appropriate payment details and the purpose of amount transferred, there shall be no entitlement to refund of payment made which includes amount, service charges and taxes, as applicable. Refunds, if applicable, at our sole discretion, will only be made to the debit/credit card used for the original transaction.

Refund Policy in case of broken payment transaction during the online payment, the amount including applicable Service charges and taxes is debited from the related account but payment status is not updated successfully at our end, this payment transaction is referred as ‘Broken Payment Transaction’. The payment debited against the Broken Payment Transaction is refundable and components of applicable Service Charges and Taxes in the paid amount are non-refundable. The refund of the refundable amount against the Broken Payment Transaction shall be made by the bank as per applicable government guidelines.

SERVICE/COVERAGE LIMITATIONS.

Service is not available at all times in all places. While we believe we have the most comprehensive coverage available, there can be gaps in wireless service areas. Tracking services may not be available from time to time due to issues including, but not limited to, internet outages and server maintenance. You accept our Services with these limitations. We are not responsible for interruptions in Service that are outside of our reasonable control or the network service provider.

Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by national security and emergency preparedness personnel in the event of a disaster or emergency, coordination with other systems, Product modifications and repairs, and problems with the facilities of interconnecting carriers. On the best effort basis we will maintain the Service uptime of 99%. We will attempt to respond the complaints of service failure as soon as possible upon the registration of such complaint to our customer care.

LIMITATION OF LIABILITY.

We may, but do not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to you. There are gaps in Service within the Service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT WESHALL BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:

a. act or omission of a third party;

b. mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the Service provided by or through us; c. damage or injury caused by the use of the Service / Product, including use in a vehicle;

d. claim against you by third parties; or

e. damage or injury caused by a suspension or termination of Service by us.

Our liability to you for Service failures are limited solely to the credit set forth above. We will be not liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Service provided by us, including loss of business or goodwill, revenue or profits, or claims of personal injuries.

To the fullest extent allowed by law, you hereby release, indemnify, and hold us and our officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, Service provided by us or any use thereof or of the Product, INCLUDING CLAIMSARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE, or any violation by you of this Agreement. This obligation shall survive termination of your Service with us. We are not liable to you for changes in operation, Product, or technology that cause you Product or software to be rendered obsolete or require modification.

INTELLECTUAL PROPERTY

We retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in the Website or relating to the Product and Services (collectively the “Our Intellectual Property”) that are the exclusive property of us and/or its licensors. We do not transfer any rights to you for any of Our Intellectual Property.

Content of the Services that incorporates or includes any of the Our Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, translated, reverse engineered, decompiled, disassembled, or used to make derivative works or improvements or otherwise exploited for any other purposes whatsoever without the prior written consent of us or the rightful owner, as applicable.

WARRANTY DISCLAIMER

THE SALES/SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU AGREE THAT THE USE OF THE SALES /SERVICES SHALL BE AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SALES /SERVICES OR ACCESS THE SERVICES AT ALL TIMES OR PLACES, WE WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THE SERVICES WILL BE OPERABLE WITH YOUR PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT.

TERMINATION.

We may terminate this Agreement at any time if we cease to provide Service in your area. We may interrupt or terminate your Service without notice for any conduct that we believe violates this Agreement or any term and conditions of your plan, or if your behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if we discover that you fail to make all required payments when due or if we have reasonable cause to believe that Services is being used for an unlawful purpose or in a way that may adversely affect our Service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment of deposit.

FORCE MAJEURE.

We will be not liable to you for any failure on our part to perform any of obligations mentioned herein by reason of Force Majeure Event. To the extent possible we will provide you prompt notice of the applicable circumstance and will use commercially reasonable efforts to re-commence performance as promptly as possible; and provided that if our performance is delayed for a period of more than thirty (30) days by reason of any Force Majeure Event, then you may by written notice to us either: (a) terminate this Agreement; or (b) extend the Term of this Agreement for a number of days equal to the duration of the affected non-performance.

SEVERABILITY.

This Agreement, the terms included in the tariff plan describing your plan and Services, and any documents expressly referred to herein or therein, make up the complete Agreement between you and us, and supersede any and all prior Agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect.

ASSIGNMENT.

We may assign this Agreement, but you may not assign this Agreement without our prior written consent. We reserve the right to contact you by any means regarding customer Service related notifications, or other such information.

JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under Agreement and your use of the Product/Services resides in the courts of New Delhi and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action. ********

INTELLECTUAL PROPERTY AND OTHER NOTICES


All intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in Company’s Products, Service, Software, including Website, web apps, and mobile apps (collectively, “Products and Services”) are owned by Company and/or its affiliates or licensors. Your possession, access, and use of any of Company’s Products and Services do not transfer to you or any third party, any rights, title, or interest in or to such intellectual property rights.

You may only use Products and Services for your own personal use. You may not use the content of the Products and Services in any other public or commercial way nor may you copy or incorporate any of the content of the Products and Services into any other work, including your own web site without the prior written consent of Company. You must have a license from us, and comply with the terms of such license, before you can use Products and Services or part thereof.

SALES TERMS


TERMS AND CONDITIONS FOR SALE CUM SUBSCRIPTION

Welcome to the online store (the "Store") provided by Company. Your purchase of Product and/or subscription services ("Subscription Services") from the Store constitutes your agreement to be bound by these Terms & Conditions of Sale ("Terms & Conditions") and any additional terms we provide, including but not limited to our Terms of Service and the terms of the Limited Warranty included in-box with Product.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTAND/OR SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTAND/OR SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE DEVICE. BY CONTINUING TO USE THE PRODUCTAND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Product and/or Services from Store, the Terms & Conditions in force at that time will apply between you and Company. If you purchase our Subscription Services, we will notify you in the event we make changes to these Terms & Conditions that affect your subscription. If you have any questions regarding these Terms & Conditions, you can contact us .

The Store is for retail sales to private consumers only. Please contact us if you wish to purchase wholesale supplies.

Although the Store is accessible from anywhere, the Product and Subscription Services offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Product and Subscription Services outside India (each, a "Target Country"), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store, Product and Subscription Services are not designed for use in a non-Target Country and some or all of the features of the Store, Device and Subscription Services may not work or be appropriate for use in such a country. To the extent permissible by law, Company accepts no responsibility or liability for any damage or loss caused by your access or use of the Store, Product and Subscription Services in a non-Target Country.

CUSTOMER CARE

Should you have any questions about the Service/Product, please contact us or email our Customer service department.

TERMS AND CONDITION:

To avail the Services you will purchase the Product and the necessary Accessories and the Services shall be subject to the Terms and Conditions mentioned herein below:

Sale of Product.

Upon payment of the applicable Product cost we will ship/deliver the Product to you. We may charge the shipping & handling charges extra upon our sole discretion. All packages are shipped via the method you chose during the purchase process. Tracking numbers will only be provided upon request. The Product will be covered by the warranty to cover any mal-functions during the warranty period, please call us immediately on the provided customer care number in case you find any erroneous behaviour on the Product/Services. We will provide technical support over the phone or rectify the defect as soon as possible during the warranty period. Product purchased for use on our Service may not function on other services.

Services are provided separately and billed monthly at the end of the of the each subscription month and payable within 15 days of the date of the bill/invoice or if you are planning to purchase the multiple Products for multiple account the Services shall also be provided separately to each Products as per the separate Service Order generated to avail the Services, Service invoices will be sent once a month in the monthly billing cycle.

PRODUCT AND USE.

YOU AGREE TO COMPLY WITH ALL APPLICABLE STATE, LOCAL, AND FOREIGN LAWS, RULES AND REGULATIONS REGARDING THE USE OF THE PRODUCT AND THE SERVICES PROVIDED BY US.

KYC REQUIREMENT.

As required by applicable laws in order to avail the Service on the Product seamlessly you need to complete the KYC norms as laid down by Department of Telecommunication, Government of India and Telecom Regulatory Authority of India from time to time. You need to ensure that all the details provided by you are true and correct to the best of your knowledge and beliefs .You understands and acknowledges that we shall not be liable for any compensation to the you nor be liable to refund the amount paid by the you under any circumstances if any information provide by you in the KYC is incomplete or incorrect .You further acknowledge to intimate us any change of address within one week of such change along with new proof of address. In the event of incomplete and/or incorrect information, we reserve the right to reject or cancel Services in whole or in part.

PRIVACY STATEMENT.

Your right to privacy is important. We believes that the personal information you choose to furnish online should only be used to help us provide you with the highest quality Products, Service and support. For analytics purposes we will maintain and process the anonymous data collected during your usage of Product. WE WILL NOT share this information with any other party without a court order.

CHARGES.

You are responsible for paying all charges resulting from Services provided under this Agreement. Charges include, without limitation, recurring monthly Service, any other changes if incurred, applicable taxes and late payment charges. Except as provided below, monthly Service and certain other charges are billed one month in advance and there is no proration of such charges if Service is terminated on other than the last day of your billing cycle. You agree to pay for the Services subscribed by you as per Service Order.

If your Product is lost or stolen, you will be responsible for the all subscription charges incurred until you report the theft or loss to us. After you report the theft or loss to us, you remain responsible for complying with your obligations under this Agreement till the date of final settlement of accounts. You also remain responsible for paying your monthly Service fee if your Service is suspended for non-payment .We may require payment by cheque, demand draft, online digital payment or any other payment mode as may be implemented from time to time at our discretion. We will charge you applicable fee for any cheque or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason.

Payments received after the due date will incur late payment charges @ 24% per annum or as specified by us. The late payment charges shall become chargeable on all outstanding Charges for the period from the due date till the date of Payment.

The Service fee and other applicable charges shall be governed by the applicable tariff plan subscribed by you notwithstanding as to what is stated herein, we reserves the right to withdraw/deactivate/ terminate the Services if the Service fee is not made by the due date. You agree to reimburse us the fees of any collection agency, which we may use to recover the due amount and charges, we may change you all costs and expenses, including reasonable attorneys' fees, which we incur in such collection efforts.

In the event the cheque deposited by you towards payment of the bill is dishonoured in that case an SMS message sent or call warning or email notified to you on the mobile number or any other verbal or written communication shall be construed as due notice in this regard. In case such disconnection is effected for such dishonour of Cheque, you have to apply for reactivation of the connection for subscription of the Service, after having absolved yourself of the due payment. We reserves the right to charge for such reactivation at such rates as may be determined by us from time to time. Without prejudice to the generality of the above it shall be our sole discretion to allow or refuse such reactivation.

We reserve the right to predetermine credit limit to usage of Services availed by you. In the event you have exceeded the predetermined credit limit, you will be responsible to forthwith pay for all the Services availed by you. We further reserves the right to totally or partially disconnect or suspend the Services, with or without notifying you in the case you exceeds the prescribed credit limit. In the event you exceeded the predetermined limit you will be responsible to pay for all the Services availed by you beyond the stated limit. However we may on our sole discretion enhance your credit limit and any such allowances made by us shall not create any right in favour of you to such increased amount of credit limits in future.

ADVANCE PAYMENTS AND/OR DEPOSITS.

We may require you to make deposits or advance payments for Services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate.

Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain Service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.

CHANGES TO TERMS AND RATES.

We may change any terms, conditions, rates, fees, expenses, or charges regarding Service at any time. We will provide you with notice of such changes. If we increase the price of any of the Services to which you subscribe, we will disclose the change at least one billing cycle in advance (through an email address as provided by you).

You authorize us to provide information about and to make changes to your account, including adding new Service, upon the direction of any person able to provide information we deem sufficient to identify you.

REFUND AND CANCELLATION POLICY OF ONLINE PAYMENT

In the event of failed transaction, the amount shall be credited/refunded back to Your card account as per applicable payment gateway policies. During any transaction, the Website shall notify you about the payment gateway being used. Your payment will normally reach to our account within two working days of such transaction. We cannot accept liability for payment not reaching to our account due to incorrect account number or incorrect personal details quoted by you. We are not liable if payment is refused or declined by the credit/debit card service provider for any reason. If the card service provider declines payment, we are under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card service provider that payment has been deducted from your account.

The amount transferred through online payment against your obligation is non-refundable. The Service Charges and Taxes (as applicable for online payment) paid in addition to the amount is also non-refundable. If you failed to provide the appropriate payment details and the purpose of amount transferred, there shall be no entitlement to refund of payment made which includes amount, service charges and taxes, as applicable. Refunds, if applicable, at our sole discretion, will only be made to the debit/credit card used for the original transaction.

Refund Policy in case of broken payment transaction during the online payment, the amount including applicable Service charges and taxes is debited from the related account but payment status is not updated successfully at our end, this payment transaction is referred as ‘Broken Payment Transaction’. The payment debited against the Broken Payment Transaction is refundable and components of applicable Service Charges and Taxes in the paid amount are non-refundable. The refund of the refundable amount against the Broken Payment Transaction shall be made by the bank as per applicable government guidelines.

SERVICE/COVERAGE LIMITATIONS.

Service is not available at all times in all places. While we believe we have the most comprehensive coverage available, there can be gaps in wireless service areas. Tracking services may not be available from time to time due to issues including, but not limited to, internet outages and server maintenance. You accept our Services with these limitations. We are not responsible for interruptions in Service that are outside of our reasonable control or the network service provider.

Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by national security and emergency preparedness personnel in the event of a disaster or emergency, coordination with other systems, Product modifications and repairs, and problems with the facilities of interconnecting carriers. On the best effort basis we will maintain the Service uptime of 99%. We will attempt to respond the complaints of service failure as soon as possible upon the registration of such complaint to our customer care.

LIMITATION OF LIABILITY.

We may, but do not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to you. There are gaps in Service within the Service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT WESHALL BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:

a. act or omission of a third party;

b. mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the Service provided by or through us;

c. damage or injury caused by the use of the Service / Product, including use in a vehicle;

d. claim against you by third parties; or

e. damage or injury caused by a suspension or termination of Service by us.

Our liability to you for Service failures are limited solely to the credit set forth above. We will be not liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Service provided by us, including loss of business or goodwill, revenue or profits, or claims of personal injuries.

To the fullest extent allowed by law, you hereby release, indemnify, and hold us and our officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, Service provided by us or any use thereof or of the Product, INCLUDING CLAIMSARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE, or any violation by you of this Agreement. This obligation shall survive termination of your Service with us. We are not liable to you for changes in operation, Product, or technology that cause you Product or software to be rendered obsolete or require modification.

INTELLECTUAL PROPERTY

We retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in the Website or relating to the Product and Services (collectively the “Our Intellectual Property”) that are the exclusive property of us and/or its licensors. We do not transfer any rights to you for any of Our Intellectual Property.

Content of the Services that incorporates or includes any of the Our Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, translated, reverse engineered, decompiled, disassembled, or used to make derivative works or improvements or otherwise exploited for any other purposes whatsoever without the prior written consent of us or the rightful owner, as applicable.

WARRANTY DISCLAIMER

THE SALES/SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU AGREE THAT THE USE OF THE SALES /SERVICES SHALL BE AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SALES /SERVICES OR ACCESS THE SERVICES AT ALL TIMES OR PLACES, WE WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THE SERVICES WILL BE OPERABLE WITH YOUR PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT.

TERMINATION.

We may terminate this Agreement at any time if we cease to provide Service in your area. We may interrupt or terminate your Service without notice for any conduct that we believe violates this Agreement or any term and conditions of your plan, or if your behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if we discover that you fail to make all required payments when due or if we have reasonable cause to believe that Services is being used for an unlawful purpose or in a way that may adversely affect our Service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment of deposit.

FORCE MAJEURE.

We will be not liable to you for any failure on our part to perform any of obligations mentioned herein by reason of Force Majeure Event. To the extent possible we will provide you prompt notice of the applicable circumstance and will use commercially reasonable efforts to re-commence performance as promptly as possible; and provided that if our performance is delayed for a period of more than thirty (30) days by reason of any Force Majeure Event, then you may by written notice to us either: (a) terminate this Agreement; or (b) extend the Term of this Agreement for a number of days equal to the duration of the affected non-performance.

SEVERABILITY.

This Agreement, the terms included in the tariff plan describing your plan and Services, and any documents expressly referred to herein or therein, make up the complete Agreement between you and us, and supersede any and all prior Agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect.

ASSIGNMENT.

We may assign this Agreement, but you may not assign this Agreement without our prior written consent. We reserve the right to contact you by any means regarding customer Service related notifications, or other such information.

JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under Agreement and your use of the Product/Services resides in the courts of New Delhi and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action. ********

LIMITED WARRANTY


THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE

Company warrants that the Product will be free from defects in materials and workmanship for a period of one (1) year from the date of purchase (the “Warranty Period”). If the Product fails to conform to this Limited Warranty during the Warranty Period, Company will, at its sole discretion, will repair or replace any defective Product or its Accessories. Repair or replacement may be made with a new or refurbished Product or components, at Company sole discretion. If the Product or Accessories incorporated within it is no longer available, Company may, at Company’ sole discretion, replace the Product with a similar Product of similar function. This is your sole and exclusive remedy for breach of this Limited Warranty. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.

WARRANTY CONDITIONS; HOW TO GET SERVICE IF YOU WANT TO CLAIM UNDER THIS LIMITED WARRANTY

Before making a claim under this Limited Warranty, the owner of the Product must (a) notify Company of the intention to claim by visiting the contact details on Website during the Warranty Period , provide a description of the alleged failure, and (b) comply with Company return shipping instructions. Company will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below). Owner shall bear all costs of return shipping.

WHAT THIS LIMITED WARRANTY DOES NOT COVER

This Limited Warranty does not cover the following (collectively “Ineligible Devices”): (i) Devices marked as “sample” or “Not for Sale”, or sold “AS IS”; (ii) Devices that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by Company; (c) abuse or misuse of the Product/Software; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; or (iii) any non-Company branded hardware Devices, even if packaged or sold with Company hardware. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product, or software (even if packaged or sold with the Product). Company recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Product’s performance and may invalidate this Limited Warranty.

 

DISCLAIMER OF WARRANTIES

EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Company ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.

LIMITATION OF DAMAGES

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL Company BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE DEVICE, AND COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE DEVICE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE DEVICE BY THE ORIGINAL PURCHASER.

LIMITATION OF LIABILITY

THE SALES/SERVICES OF DEVICE ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU AGREE THAT THE USE OF THE SALES /SERVICES OF DEVICE SHALL BE AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SALES /SERVICES OF DEVICE OR ACCESS THE SERVICES AT ALL TIMES OR PLACES, WE WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THE SERVICES WILL BE OPERABLE WITH YOUR DEVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT.

YOUR RIGHTS AND THIS LIMITED WARRANTY

This Limited Warranty gives you specific legal rights. The terms of this Limited Warranty will apply to the extent permitted by applicable law.

 

 

PRIVACY STATEMENT FOR PRODUCTS AND SERVICES


This Privacy Policy of describes information Company collect, use, share, and store, including Personal Information. We provide additional details about how we collect and use information in connection with Company products and services in our Privacy Statement for Products and Services.

COLLECTION AND USE: Company collects information about you through our Website in several ways. This information is used to provide users with Products and Services, to allow us to understand how visitors navigate our Website, and to provide advertising that is relevant to your interests.

Purchase and Login Information: If you pre-order or purchase Products from our Website Store, we request that you provide your name, email address, billing and shipping address, credit card information and any other information necessary to complete the transaction. If you create an account, your name, billing and shipping address and the last four digits of your credit card information can be stored by Company. We do not collect or store your full credit card information. Our credit card processing service provider will collect and store full payment card information from you, even as a guest user, when an order is placed until when it ships.

Mailing List Information: You may choose to submit your email address via Order Form located on our Website. Your email address may be used to send you news about Company-related services, products or promotions. We may use one or more service providers to administer these messages, but we do not share your email address with spammers or any other third parties without your permission.

Device Usage information: If you visit our Website and are logged into your Company account, we record the IP address you visit our Website from, and if you have a Company device or other connected device, we record adjustments you make to the product through the website interface. We store this data along with your email address, information about your Company device, data collected directly by the device, a history of your device settings, and any other information we have collected about your use of Company products and services.

Online Tracking and Your Choices:

  • Website Use Information: Like many websites, we and our third-party partners analyze log file information and other data collected through cookies, web beacons, and other tracking technology, to collect information about your browsing behaviour when you visit our Website, including for example, your browser type, domains, page views, IP address, referring/exit pages, information about how you interact with our Website’s webpages and with third-party links, traffic and usage trends on the service, etc. We use session cookies to keep you logged in while you use features of our Website; these disappear after you close your browser. We also use persistent cookies, which stay in your browser and allow us to recognize you when you return to the Website. We use this to remember your information so you will not have to re-enter it, to better understand how you use our website and products and services, to diagnose and fix technology problems, and otherwise enhance our Website, products, and services. In some of our email messages, we use a “click-through URL” linked to content on the Website. We track this click-through data to help us measure the effectiveness of our customer communications. We also use third-party analytics tools to assist us with analyzing and improving our service. Most Internet browsers automatically accept cookies, but you may be able to change the settings of your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you set your browser to reject cookies, parts of our Website may not work for you. Please note, depending on your type of device or browser, it may not be possible to delete or disable all tracking mechanisms on your device.
  • Your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information for analytic and internal purposes. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device to delete and disable cookies and other tracking/recording tools.
  • We permit third-party advertising partners to use cookies and other technology to collect information about your browsing activities over time and across different websites when you use our Website. For example, we use advertising services provided by third-party ad partners to market our services to you on other websites and online services. Through a process called “retargeting,” each service places a cookie on your browser when you visit our Website so that they can identify you and serve you ads on other sites around the web based on your browsing activity. To avoid use of this information for advertising by these third-party ad partners, you can change your browser settings to reject cookies or to notify you when cookies are set and you could select the Do Not Track option on your browser, though we have no control over and cannot confirm whether these third party ad parties honor the Do Not Track browser signal.
  • Third-Party Sites and Features: Our Website may contain links to other websites operated by third parties and may include social media features such as Facebook and Twitter buttons (such as “Like,” “Tweet” or “Pin”). These third-party sites may collect information about you if you click on a link and the social media sites may automatically record information about your browsing behaviour every time you visit a site that has a social media button. Your interactions with these features are governed by the privacy policy of the company providing the feature, not by our privacy policy. We do not control what information these third parties collect. Please review your privacy settings on your social media sites and think carefully before clicking on links which may take you to a third-party website.
  • Minors: Our Website does not knowingly collect or store any personal information about children under the age of 18.
  • DATA SHARING: Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the delivery of Products and services without asking you first. Period. We do not rent or sell our customer lists. The following are the limited situations where we may share personal information:
  • With your consent: We may share personal information when we have your consent. If you do this, we may share certain information with the partner. This could include things like your enrolment information and the activation status of your device. Similarly, when you connect third-party devices and services to your Company Products, you are shown information about any proposed exchange of data. Your consent is required to allow these exchanges on your behalf and you can change your mind at any time.
  • For external processing: We have vendors, service providers, and technicians who help with some of our processing and storage, including helping to answer your questions. They may also assist with monitoring our servers for technical problems.
These technicians (as well as Company employees) can access certain information about you or your account in line with this work but these technicians are not allowed to use this data for other purposes. We also have strict policies and technical barriers in place to prevent unauthorized employee access to video data.
  • As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.
  • For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, to respond to legal process, or comply with laws and regulations (or the applicable laws of foreign countries).
  • We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. We take steps to keep this non-personal information from being associated with you and we require our partners to do the same.
  • Your personal information may be collected, processed and stored by Company or its service providers in India. As a result, your personal information may be subject to legal requirements, including lawful requirements to disclose personal information to government authorities and regulatory bodies. Please refer our Transparency Report for details.
  • SECURITY: Company takes security seriously and cares about the integrity of your personal information. We use commercially reasonable physical, administrative, and technological methods to transmit your data securely. However, Company cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
  • INTERNATIONAL VISITORS AND DATA TRANSFERS International Visitors: The Company website is hosted in India and is intended for visitors across countries. If you are accessing the site from other regions with laws governing data collection and use that may differ from India law, then please note that you are transferring your personal data to India and by providing your personal data you consent to that transfer. We may share, as described in this Privacy Policy, information with our affiliates and subsidiaries, and third parties. We may disclose information in response to legal process and lawful requests by public authorities in India and other countries, for the purposes of law enforcement and national security.
  • CHANGES TO PRIVACY POLICY: Please note that this privacy policy may change from time to time. We will provide notice of any changes on the website or by contacting you. CONTACT US Last Updated: 25th -August-2017

PRIVACY POLICY


This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access Website. This Privacy Policy for Websites describes information we collect, use, share, and store, including personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information).

This document focuses on information related to the operation of the public websites available Website and its sub-domains, including our online portal.

Company respects the privacy of all its customers and is committed to protecting such privacy in accordance with this Privacy Policy. Company will not collect or use any information about visitors to our website and your visit will remain anonymous. The only exception is when we will need information of personal identification in order to fulfil a contractual obligation as set forth in registration page and the Know your information ‘KYC’.

If you make a purchase you will be asked to provide your name, billing address, email and billing information. Company will use such information ONLY for processing your order and to send important product specific information such as receipts, invoices, alerts etc. The information you provide will not be used for any other commercial purposes and will not be sold, rented or otherwise forwarded to any third party.

This website may contain links to other websites. Company does not monitor or control the content of such sites or whether such websites collect or process your personal data. Accordingly, Company assumes no responsibility or liability whatsoever for any kind of material at such sites and recommends that you review the separate privacy polices of such sites for your own protection.

We provide additional details about how we collect and use information in connection with Company products and services in our Privacy Statement for Products and Services.

Collection and Use: Company collects information about you through our Websites in several ways. This information is used to provide users with Company products and services, to allow us to understand how visitors navigate our Website, and to provide advertising that is relevant to your interests.

Purchase and Login Information: If you subscribe our Services or purchase Products from our Website/Online Store, we request that you provide your name, email address, billing and shipping address, credit card information and any other information necessary to complete the transaction. If you create an account, your name, billing and shipping address and the last four digits of your credit card information can be stored by Company. We do not collect or store your full credit card information.

Mailing List Information: You may choose to submit your email address via a submission form located on our Website. Your email address may be used to send you news about Company-related services, products or promotions. We may use one or more service providers to administer these messages, but we do not share your email address with spammers or any other third parties without your permission.

Device Usage information: If you visit our Website and are logged into your account, we record the IP address you visit our Website from, and if you have a Product or other connected device, we record adjustments you make to the Product through the website interface. We store this data along with your email address, information about your Product, data collected directly by the Device, a history of your Device settings, and any other information we have collected about your use of Products and Services. See our Privacy Statement for Products and Services to learn more about the usage information collected through our products.

Online Tracking and Your Choices:

Website Use Information: Like many websites, we and our third-party partners, analyze log file information and other data collected through cookies, web beacons, and other tracking technology, to collect information about your browsing behavior when you visit our Website, including for example, your browser type, domains, page views, IP address, referring/exit pages, information about how you interact with our Website’s webpages and with third-party links, traffic and usage trends on the service, etc. We use session cookies to keep you logged in while you use features of our Website; these disappear after you close your browser. We also use persistent cookies, which stay in your browser and allow us to recognize you when you return to the Website. We use this to remember your information so you will not have to re-enter it, to better understand how you use our website and products and services, to diagnose and fix technology problems, and otherwise enhance our Website, products, and services. In some of our email messages, we use a “click-through URL” linked to content on the Website. We track this click-through data to help us measure the effectiveness of our customer communications. We also use third-party analytics tools (including Google Analytics) to assist us with analyzing and improving our service. Most Internet browsers automatically accept cookies, but you may be able to change the settings of your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you set your browser to reject cookies, parts of our Website may not work for you. Please note, depending on your type of device or browser, it may not be possible to delete or disable all tracking mechanisms on your device.

Your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information for analytic and internal purposes. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device to delete and disable cookies and other tracking/recording tools.

We permit third-party advertising partners to use cookies and other technology to collect information about your browsing activities over time and across different websites when you use our Website. For example, we use advertising services provided by third-party ad partners to market our services to you on other websites and online services. Through a process called “retargeting,” each service places a cookie on your browser when you visit our Website so that they can identify you and serve you ads on other sites around the web based on your browsing activity. To avoid use of this information for advertising by these third-party ad partners, you can change your browser settings to reject cookies or to notify you when cookies are set and you could select the Do Not Track option on your browser, though we have no control over and cannot confirm whether these third party ad parties honor the Do Not Track browser signal.

Third-Party Sites and Features: Our Website may contain links to other websites operated by third parties and may include social media features such as Facebook and Twitter buttons (such as “Like,” “Tweet” or “Pin”). These third-party sites may collect information about you if you click on a link and the social media sites may automatically record information about your browsing behavior every time you visit a site that has a social media button. Your interactions with these features are governed by the privacy policy of the company providing the feature, not by our privacy policy. We do not control what information these third parties collect. Please review your privacy settings on your social media sites and think carefully before clicking on links which may take you to a third-party website.

Minors: Our Website does not knowingly collect or store any personal information about children under the age of 18.

DATA SHARING: Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the delivery of Company Products and Services without asking you first. Period. We do not rent or sell our customer lists. The following are the limited situations where we may share personal information:

With your consent: We may share personal information when we have your consent. One example of this would be if you sign up for programs offered by our partners (e.g., insurance/network service provider /regulatory bodies under applicable laws ). If you do this, we may share certain information with the partner. This could include things like your enrolment information and the activation status of your device. Similarly, when you connect third-party devices and services to Products through the Company program, you are shown information about any proposed exchange of data. Your consent is required to allow these exchanges on your behalf and you can change your mind at any time.

For external processing: We have vendors, service providers, and technicians who help with some of our processing and storage, including helping to answer your questions. They may also assist with monitoring our servers for technical problems.
These technicians (as well as Company employees) can access certain information about you or your account in line with this work but these technicians are not allowed to use this data for other purposes. We also have strict policies and technical barriers in place to prevent unauthorized employee access to video data.

As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.

For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, to respond to legal process, or comply with applicable laws and regulatory bodies (or the applicable laws of foreign countries as applicable).

We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. We take steps to keep this non-personal information from being associated with you and we require our partners to do the same. Your personal information may be collected, processed and stored by Company or its service providers in the other countries where our servers reside. As a result, your personal information may be subject to legal requirements, including lawful requirements to disclose personal information to government authorities, in those jurisdictions.

SECURITY: Company takes security seriously and cares about the integrity of your personal information. We use commercially reasonable physical, administrative, and technological methods to transmit your data securely with data encryption. However, Company cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

We may share, as described in this Privacy Policy, information with our affiliates and subsidiaries, and third parties. We may disclose information in response to legal process and lawful requests by government authorities in India and other countries, for the purposes of law enforcement and national security.

CHANGES TO PRIVACY POLICY:

Company reserves the right to update this Privacy Policy. Any changes will be posted to this Website. We encourage you to continuously review our Privacy Policy.

CONTACT US

Last Updated: 25th August-2017

OPEN SOURCE SOFTWARE


Certain items of software included within the Product, are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of the EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in the EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Company makes such Open Source Software, and Company modifications to that Open Source Software, available by written request to Company at the email or mailing address listed below.

Should you have any questions about the Open Source Software, please contact us

GLOSSARY


For the purpose of this Website , the following words and phrases shall have the meaning respectively assigned to them as under: “Accessories” means and include all the hardware along with pre-loaded software necessary accessories (i.e. USB cable, charger, etc. are provided along with the sale of the Device

“Agreement” means the different terms and conditions of Sales/Rental/Subscription Service Terms and Conditions accepted by you entirely to avail the Services/Product.

“Company", “We”/ “us” shall mean the company providing the Sales or Services of the Product , having its office contact us. “Device” shall means the wireless GPS unit and all accessories offered for sale as per the terms of the Agreement to avail the Services of GPS tracking services.

“Intellectual Property Rights ” means and include all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets owned by company or its licensor in Company’s Products, Service, Software, including Website, web apps,Mobile Apps etc.

“KYC" means know your customer details provided by you to us to avail the Services as mandated by Department of Telecommunication, Government of India and Telecom Regulatory Authority of India from time to time “Open Source Software means and include the software included within the Product which are are subject to “open source” or “free software” licenses.

“Personal Information” means the information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information “Privacy Policy” for Websites describes information we collect, use, share, and store, including personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information).

“Product” means and include Device, Service, Firmware and the Software

“Rental Product/Device” shall means the wireless GPS unit and all accessories offered for use as per the terms of the Terms and Conditions for Rental cum Subscription Agreement to avail the Services of GPS tracking services

“Service Order” meant the Service Description wherein all the requisite details are captured which include address, contact details, Service details, Accessories, Tariff Plan, payment details and other relevant details etc.

“Services" shall mean the GPS tracking services provided by us to you as further described in the service order form.

“Software” means and include the coded programming stored in the device to provide the functionality in executable object code form needed by Customer or the Company to have the user interface or necessary access of the Device/Product.

“Store” means the microsite in the Website to offer for sale/purchase pf the Company Product and/or Services.

“Website” mean the Company URL and its subdomains

“You" / “your”/ “Customer” means any individual, company, proprietorship or partnership firm or other such party who avails the Sales/Services of Product or Services.

END USER LICENSE AGREEMENT


By using the Software you agree to the terms of this End User License Agreement (“EULA”) between you and Company. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU SHALL NOT USE THE SOFTWARE.

This EULA governs your access and use of the Software. This EULA gives you specific legal rights .The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law.

THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE SOFTWARE.

AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE AND UPGRADE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT & SOFTWARE.

AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE SOFTWARE AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

  1. LICENSE.

    Subject to the terms of this EULA, Company grants you a limited and non-exclusive license (without the right to sublicense) to execute one (1) copy of the Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.

  2. RESTRICTIONS.

    You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party, (b) copy or use the Software for any purpose other than as permitted in Section 1, (c) use any portion of the Software on any Product or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product & Software, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Company and provide Company an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Software to any third party without prior written approval of Company for each such release.

  3. AUTOMATIC SOFTWARE UPDATES.

    Company may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Software and you agree to promptly install any Updates as Company provides. Your continued use of the Software is your agreement to this EULA.

  4. OWNERSHIP.

    The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Company and its licensors. Company and its licensors reserve all rights in and to the Software not expressly granted to you in this EULA. The Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback provided by you to Company with respect to the Software shall be Company property. Company may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Company does not waive any rights to use similar or related ideas previously known to Company, developed by its employees, or obtained from other sources.

  5. OPEN SOURCE.

    Certain items of software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Company makes such Open Source Software, and Company’ modifications to that Open Source Software, available by written request to Company at the email or mailing address listed below.

  6. Term and Termination.

    This EULA and the license granted hereunder are effective on the date you first use the Software and shall continue for as long as you own the Product, unless this EULA is terminated under this section. Company may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to Company. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Software, but the terms of Sections 2 through 18 (inclusive) will remain in effect, after any such termination.

  7. Warranty Disclaimer.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY PROVIDES THE SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT & SOFTWARE. COMPANY MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.

    YOU USE ALL INFORMATION (AS DEFINED BELOW), THE SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND COMPANY DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING YOUR PRODUCT, OTHER ACCESSORIES CONNECTED TO THE PRODUCT, COMPUTER, AND ALL OTHER ITEMS, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SOFTWARE.

  8. Limitation of Liability

    Nothing in this EULA and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SOFTWARE, EVEN IF COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) COMPANY TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SOFTWARE AND/OR PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO COMPANY OR COMPANY’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND OF COMPANY’S LICENSORS AND SUPPLIERS.

  9. Limitations of Software

    You acknowledge that the Software are not certified for emergency response. YOU UNDERSTAND THAT THE SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. COMPANY DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR LOCATION IN THE EVENT OF AN EMERGENCY.

    Unless explicitly promising a “guarantee,” Company does not guarantee or promise any specific level of service levels or other monetary benefit from the use of the Software or any feature of them. Actual service levels and monetary benefits vary with factors beyond Company’ control or knowledge. From time to time, Company may use the Software to provide you with information that is unique to you and your usage. We do this to highlight an opportunity based on our analysis and information about you and your usage. You acknowledge that these promotions are not a guarantee of actual purposes, and you agree not to seek monetary or other remedies from Company if your purposes differ.

    The Software provides you information (“Information”) regarding the Products in connection with the Services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.

  10. Confidentiality.

    “Confidential Information” shall mean the Software and all other information disclosed to you that Company characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this EULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Company. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Company in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with Company in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Company prior to such disclosure to allow Company an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Company in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.

  11. For Government End Users.

    The Software is a “commercial item and more specifically is “commercial computer software” and “commercial computer software documentation,” the Software is provided to Government End Users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein.

  12. Export Compliance.

    The Software and related technology are subject to applicable export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Software and related technology, as may be required. You will indemnify and hold Company harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.

  13. Governing Law; Venue.

    This EULA shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under EULA and your use of the Product/Services/Software resides in the courts of New Delhi and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

  14. Assignment.

    Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect.

  15. Notices.

    Any notice to you may be provided by email to the address that you registered with Company.

  16. Severability.

    If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

  17. Waiver.

    All waivers by Company will be effective only if in writing. Any waiver or failure by Company to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

  18. General.

    The Software is deemed irrevocably accepted upon your use of the Software or Product. Company will have no responsibility to provide maintenance or support services with respect to the Software. The parties are independent contractors.

    You acknowledge that the Software contains valuable trade secrets and proprietary information of Company, that any actual or threatened breach of Section 2 (Restrictions) of this EULA will constitute immediate, irreparable harm to Company for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

    The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA.

    Except as otherwise provided in this section, no amendment to this EULA will be valid unless it is in writing hand-signed by the parties. Questions or Additional Information. If you have questions regarding this EULA, please contact us.

Privacy Statement for Nest Products and Services


This Privacy Policy for Nest Web Sites describes information Nest Labs, Inc. and its subsidiaries and affiliates (collectively, “Nest”) collect, use, share, and store, including personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information). This document focuses on information related to the operation of the public websites available at nest.com and nest.com sub-domains (each, a “Site”), including our online store.