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Tracking Genie ®: GPS Vehicle Tracking System in India
Terms & Conditions
Terms & Conditions
We have designed our terms and conditions keeping the overall nature of usage of our product in mind. Please read on.
Terms & Conditions
Please Read These Terms Carefully Before Using Tracking Genie
These terms and conditions ("Terms") of use constitute a legal agreement between you and K. S. Technosoft Private Limited, National Motor Building, M.I. Road, Jaipur, 302 004 ("Company"). Use of the Tracking Genie constitutes your acceptance of the Terms. The use of Tracking Genie along with any associated service or feature (the "Product") shall be governed by the following Terms of Use. By purchasing and installing the Product, you agree to abide by these terms and conditions, unconditionally.
TERMS OF USAGE
You agree to use the Product as per the terms and conditions provided herein. Any breach of these terms and conditions shall not only constitute breach of the guarantee provided along with the Product but also shall not make the Company liable for any action or claim including any third party claim or action against you or the Product.
You agree that you will comply with all statutory provisions relating to wireless telegraphy, and that specifically, the Product shall not be used for any improper, immoral or unlawful purpose, and will provide the Company or its authorized agent with all necessary information as reasonably requested for, and will indemnify the Company against every liability cost or claim or loss that the Company incurs or may incur as a result of the failure by you, or anyone on its behalf, to comply with this condition.
You shall not tamper with the seal as provided on the Product and any tampering of the seal shall constitute breach of these terms and conditions as well as breach of the warranty provided along with the Product.
The SIM card is a part and parcel of the Product and shall always be owned by the Company. You shall not alter, change, remove, replace, modify, manipulate, or by any way, affect the SIM card. In case any discrepancies are noticed by the Company, the same shall constitute breach of the terms and conditions, as well as breach of the warranty that has been provided for the Product. The use of the SIM card is restricted to the provision of the Company. You shall be responsible for any charges incurred by during unauthorized use of the SIM card, and the Company shall not be responsible for any loss or liability incurred by you resulting from any such unauthorized use.
You must use your tracking system, SIM card and the service in the exact manner as described in the User Guide or other instructions issued by the Company.
You do not have the authorization to change the IP address programmed into the tracking device. In any such event, the device will immediately be reprogrammed to the original IP address. You will be liable for administration and service charges for the time and labor incurred as a result of an unauthorized reprogramming, which shall also result in breach of the warranty associated with the Product.
If the SIM card is used for any other purpose, then in such situation you shall be responsible and liable for all the usage, and shall make required payments applicable in relation to the SIM card. If the SIM card is used for any other purpose after sale to the end user customer, then you shall be sole responsible for any such usage, claim or any third-party action. The Company shall have no liability in such a situation, and such action will result in warranty being void immediately.
You agree to use the Product solely on your own responsibility. Any conflict with respect to the existing terms and conditions associated with the vehicle or any part of the vehicle shall not make Company liable for the same, and you understand that by installing the Product, you agree to take all the risks associated with the Product.
It is understood by you that the Product is associated with services based on third-party service providers, including mobile network providers. The Company shall not be liable in case the Product functioning is not proper or is defected either because of any such third-party service provider, or due to external factors which could affect the overall reception of the network to the Product.
The Company shall have the right to modify, alter, or improve any or all of the Products, and shall also have the right to discontinue specific Products of past versions, if situation arises.
You shall follow all reasonable instructions given by the Company or Distributor of the Company from time to time with regard to the use of the trademarks, copyrights and other intellectual property rights owned by the Company in connection with the Product and its usage.
You shall pay all the necessary installation and maintenance charges in relation to the Product and the Company shall not be liable for any of the same.
The Company does not warrant that the operation of the Product will be uninterrupted or error-free, or that the Product will exactly meet your requirements, or will operate in the combinations as chosen by you. The Company shall, however, use its best endeavors to ensure that the operation of the Product remains uninterrupted and error-free, and in the event that the operation of the Product is interrupted or errors appear as a result of any act or omission by the Company, its servants or agents, then the Company shall, with all reasonable promptness, correct those errors and restore operation of the system
RETURN
You may return any Product that you have purchased within 7 working days of delivery, for any genuine reason (including if you simply happen to change your mind). In order to do so, you must notify us, in writing or by other durable medium (including e-mail), within those 7 working days only. You will then be entitled to a refund from the Company, which will be paid as soon as possible, but in any event within a period of 30 days. You must arrange for and pay the costs of returning the Products to the Company. While in your possession, you must keep any Products you intend to return to us in good condition. If: (a) the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description; (b) the Product delivered is not of a satisfactory quality; or (c) the Product is not fit for any other purpose for which you have bought it and you notified Company of this purpose before purchase, and the Company has not informed you that the Product is not fit for that purpose; the Company will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products. The return request, however, will only be accepted if the product is in its original state, with the seal and cables intact.
TERM
The term of this contract is in accordance with the Product. The term of the contract, along with the guarantee period as mentioned on the Product, commences on the installation date when the Product is installed on the vehicle and becomes active or online. The date of activation of the Product can be checked on the site being maintained by the Company, by logging into the account information as provided by the Company. Such activation date shall be the conclusive proof of the commencement data of the guarantee of the Product.
INTELLECTUAL PROPERTY
You acknowledge that any and all of the trade marks, trade names, copy rights or patents and any other intellectual property rights whatsoever used or embodied in or in connection with the Product are and shall remain the sole property of the Company. You shall not, at any time or in any way, question or dispute the ownership by the Company or any such rights. Ownership therefore is not transferred to you. The Company hereby grants to you only a non-exclusive license to use the Product.
NO WARRANTIES
THE PRODUCT, AND ANY SOFTWARE MADE AVAILABLE ALONG WITH THE PRODUCT, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD-PARTY CONTENT. USAGE OF THIS PRODUCT DOES NOT GUARANTEE THAT THE VEHICLE SHALL BE COMPLETELY SAFE FROM THEFT, BURGLARY OR BREAK-IN OR ANY OTHER TAMPERING WITH THE VEHICLE.
LIMITATION OF DAMAGES
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE PRODUCT, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT BE LIABLE TO ANY PERSON FOR ANY SPECIAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS FROM ANY CAUSE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH THE MANUFACTURE, SALE, HANDLING, REPAIR, MAINTENANCE OR USE OF THE PRODUCTS, AND IN NO EVENT SHALL COMPANY'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCTS.
The above mentioned disclaimer of liability applies to any damages or injury caused by any failure of performance, mobile network failure, SIM damage, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to the alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action. You specifically acknowledge that the Company shall not be liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
You agree and acknowledge that in case you wish to use the Product and the web-based or mobile application based services provided by the Company, the Company shall not be a party to any proceedings you bring against any third-party, or those that any third party brings against you. Any information which you may require for such action shall have to be obtained by you from the web based or mobile application based services maintained by the Company, and the Company shall not warrant or authorize or give any such evidence in terms of such information.
Failure or neglect by the Company to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of the Company's rights hereunder, nor in any way affect the validity of the whole or any part of an agreement, nor prejudice the Company's rights to take subsequent action.
DISCLAIMER
THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OR RELIABILITY OF THE PRODUCT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION ASSOCIATED WITH USAGE OF THE PRODUCT SHALL BE AT YOUR SOLE RISK. THE COMPANY MAY MAKE ANY OTHER CHANGES TO THE PRODUCT, THE MATERIALS, PROGRAMS, SERVICES OR PRICES (IF ANY) AT ANY TIME WITHOUT NOTICE.
INDEMNITY
You agree to indemnify and hold harmless THE COMPANY, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of the Product, including, without limitation of the foregoing, any action you take which is in violation of the terms and conditions mentioned in these Terms of Use.
These Terms of Use constitute the entire agreement between the Company and you with respect to your use of the Product. Any cause of action you may have with respect to your use of the Product must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
FORCE MAJEURE
The Company shall not be liable for any delay or failure to perform these terms and conditions or the services associated with the Product or for any loss or damage which may be incurred by you due to any cause beyond the reasonable control of the Company, including without limitation, act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightening, fire, industrial action, act of emission of Government, highway authorities, public telecommunications operators or other competent authority, war, military operations, riot, difficulty or delay in the manufacture or supply of any goods or services.
GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the laws of India and the courts in Jaipur, Rajasthan shall have exclusive jurisdiction to deal with the controversy or claims or actions arising out of this Agreement.
DISPUTE RESOLUTION
In the event a dispute or difference arises in connection with or in relation to these terms and conditions, including in relation to the validity of the termination of these terms and conditions, either Party shall be entitled to refer such dispute or difference to arbitration within a period of 30 days of such dispute, if the other party does not settle or rectify the dispute.
The sole arbitrator for conducting such arbitration proceedings shall be the Director of the Company. The arbitration proceedings shall be conducted by sole arbitrator as per the Arbitration and Conciliation Act, 1996. The venue for such arbitration shall be Jaipur. All arbitration proceedings shall be conducted in English. The award of the Sole Arbitrator shall be final and binding on both the parties.
NOTICE
Any notice, request or other communication required or permitted to be given or made hereunder shall be addressed or sent to the parties by prepaid post at the addresses mentioned at the start of these terms and conditions. Any notice, request or other communication required or permitted to be given hereunder shall be given in writing and shall be deemed to have been duly given if delivered by hand against receipt of the addressee or if transmitted by fax or by email or sent by prepaid registered post addressed to the party to whom such notice is to be given at the address set out for such party herein (or such other address as such party may, from time to time designate in writing to the other party hereto). Any such notice shall be deemed to have been duly given if delivered at the time of delivery, if transmitted by fax at the time of termination of the transmission and if shared by email at the time of transmission, and if sent by prepaid registered post as aforesaid forty eight hours after the same shall have been posted.
ALTERATION TO THESE TERMS AND CONDITIONS
These terms and conditions or any documents referred to in it represent the entire understanding of the parties and supersedes any other agreements and representations made by either party, whether oral or written, in relation to the subject matter of this agreement. The Company may vary this agreement without any notice to you.
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