This [Application/ Services/ Device] is/are [operated /provided] by SMART TRACK SOLUTIONS PRIVATE LIMITED (“COMPANY”). These Terms and Conditions (“User Terms”) apply to
(a) any order for, purchase of or other form of obtaining Products, Services or Application and website directly via COMPANY and via a Reseller and (b) your Account and the creation thereof; and (c) the use and/or access of all Products, Services, Application and User provided Data or uploading the data, devices
PLEASE READ THESE USER TERMS CAREFULLY BEFORE PURCHASING/ DOWNLOADING/ USING THE PRODUCT & SERVICE OR APPLICATION OR WEBSITE.2. LIST OF DEFINITIONS
Account: Your COMPANY account created via a Platform or an App.App: Any mobile Application (Android/ iOS) developed by COMPANY, downloadable via a Reseller.
Product: Any hardware, items and accessories, including but not limited to COMPANY Vehicle Tracking System (VTS), Smart Watch, Personal Tracker and – Sports devices and accompanying items and accessories
Website: Service provided by COMPANY to access the features, details, account, report, customization of service, location of devices etc on web. All websites made available by COMPANY, which are accessible by you without prior registration or logging in, including, but not limited to www.smartrack.in or other Company provided websites.
Content: All information, text, files, scripts, graphics, photos, sounds, music, videos, interactive features, functionalities or other similar materials, made available by COMPANY Websites, Application
User Data: Content that you upload on or via an App, a Platform, Website or a Service, including communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, music, videos, designs, graphics, sounds, and any other content, except to the extent the intellectual property rights relating to the aforementioned content are with COMPANY or the aforementioned content is otherwise owned by TomTom, its affiliates or licensors.User Contributed Data: Any User Data contributed to COMPANY via the use of an App, a website, a Product or a Service, but only in case COMPANY has the right to use this data according to your approval.Reseller: Any online or offline reseller selling Products, Devices, Services and Application including but not limited to third party dealers, Sales channel partners etc.
Service: Any paid or free-of-charge service provided by COMPANY by electronic means, either on subscription basis, continuous basis or single basis, including but not limited to maps, alerts, on-off vehicle, usage, reports, content, editing of profile, uploading and using of content (text, images, video etc), fuel usage travel usage, travel date/ time
Third Party Material: Content, software codes, data, information, functionality, other content and algorithms licensed or otherwise made available by others than COMPANY
By accepting or acknowledging this agreement, or by installing, downloading, accessing, or otherwise copying or using all or any portion of the Company Materials, (i) you accept this Agreement and acknowledge that you are legally bound by this Agreement (and you agree to act in a manner consistent with this Agreement).
3. DESCRIPTION OF SERVICE
The Company provides users with access to resources for mapping tools and solutions, which may be accessed through various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include certain communications from the Company, such as service announcements, administrative messages and the Newsletter, and that these communications are considered part of the package provided by the Company along with the Device, fitted on your Vehicle.
Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the newer releases, shall be subject to the present Terms and Conditions. You understand and agree that the Service is provided “AS-IS” and that the Company assumes no responsibility for the timeliness, deletion, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet Company or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
4. AGREEMENT BETWEEN COMPANY AND YOU
By purchasing/ leasing and fitting the Device in your vehicle and using the Service, you enter into a contract with Company (the “Contract”). In order to be able to use the Service, you first need to read and accept the terms and conditions on the website. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service.
You also agree:
a) You agree to pay INR 399 rental per month for Vehicle Tracking System (VTS) device & related services.
b) To provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”).
c) To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You agree that there shall be No refund of the purchase price paid by you in case the Company suspends or terminates the account.
d) Not to Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
e) Not to Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
f) Not to remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software/ application, features that prevent or restrict use or copying of any content accessible through the application, or features that enforce limitations on use of the Mobile Software; or
g) Not to delete the copyright and other proprietary rights notices on the Software/ application.
h) Not to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any regulations having the force of law.
i) That the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company, its users and the public.
j) Company shall not be liable in case the servers holding the information or the content are infected by any virus or hacked or are breached by any third party. You acknowledge that you provide your personal information at your own risk.
k) That the GPS Device installed in your vehicle shall remain the asset of the Company (even after the termination of the contract) and shall be recovered in same condition as was installed in Vehicle after termination of services.
l) That in case of any physical damage to device (whether intentional or unintentional), loss or theft, the customer shall be held solely responsible and will be charged for the full cost of device (per device). Device cost is INR 4500 inclusive of all taxes
m) To pay the Company, one time installation & activation charge (non –refundable).
n) To pay the Company, rent / Lease amount for the agreed services regularly, without any default. These charges shall include applicable taxes also.
o) That the Device is covered under warranty till the service is active.
p) That the Company reserves the right to log off accounts that are inactive or remain unpaid for an extended period of time. You further acknowledge that the Company reserves the right to modify these general practices and limits from time to time.
q) The Company has the rights to take legal action, in case of non-payment of Fees/ Charges.
r) Not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Device and the application), use of the Service, or access to the Service.
s) Neither to modify, the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
t) When a Product and Service is in nature of downloadable software, this software may update automatically or asked to upgrade on the device on which the download has taken place, once a new version or feature is available. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
u) In case of any legal disputes or financial responsibility then Company will be liable for maximum expense of Rs 399 only.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
You agree to-
a) Immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and
b) Ensure that you exit/ logout from your account at the end of each session.
c) The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree that the Company may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines,
b) requests by law enforcement or other government agencies,
c) a request by you (self-initiated account deletions),
d) discontinuance or material modification to the Service (or any part thereof),
e) unexpected technical or security issues or problems,
f) extended periods of inactivity,
g) engagement by you in fraudulent or illegal activities, and/or
h) Non-payment of any fees owed by you in connection with the Services.
Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in the Company ‘s sole discretion and that the Company shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. In the event you terminate service after the start of the new billing cycle there will be no prorated refund of that billing cycle. All cancelations must be in writing via mail at the e-mail address provided on the website.
a) You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, directors, promoters, senior management, agents, employees, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms and conditions, or your violation of any rights of another.
b) You agree that Devices remains the assets of the Company and will be recovered in same condition after termination of services.
8. COMPANY’S LIABILITY FOR ITS PRODUCTS AND SERVICES
a) The Company is liable to provide onsite services (such as Device repair, Device checkup, functionality testing, device replacement) to its customers/ clients for registered local address only, between 9 am to 6 pm every day excluding Indian public holidays
b) The onsite services are available only in Gurgaon, Haryana (India) and the device is legible for use in India only within 48 hours of complaint registration.
c) The Company takes responsibility to provide online support services to its customers/clients 24×7.
d) The Company assures that its GPS device doesn’t cause any harm or damage to the vehicle hardware, even then Company is not responsible for any fault or damage happened to customer’s vehicle due to any other reason.
e) The Company is obligated to cooperate in police investigations and legal proceeding in case of any mis-happening causes to the vehicle using device or legible customer.
f) The Company can help/ assist its legible customers to track the location of their vehicle only through last tracked location of GPS device in case of theft or otherwise. Thus the Company is not liable for the recovery of the vehicle. The Company cannot take responsibility of the condition of the vehicle recovered, at the time of recovery.
g) The Company shall not be held responsible for interruption of services, if the device stops working due to fault in vehicle or device do not work for not getting appropriate power supply or due to any technical/nontechnical reason.
h) Since the map accessed from the device are provided by the 3rd Party Map provider hence, the Company do not take any responsibility for maps accuracy.
i) The Company is neither a GPS device manufacture nor a Map Provider, but a Company who uses both GPS device & Maps navigations to provide a vehicle tracking solution.
That the Service and any necessary software used in connection with the Service (“application”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
10. OUR PROPRIETARY RIGHTS
Except for your User Content, the website and Products and Services and all materials therein or transferred thereby, including, without limitation, software, images, maps, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Application Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors (including other Users who post User Content to the Service).
11. THIRD PARTY LINKS
The Terms and conditions and the relationship between you and the Company shall be governed by the laws of India. The Courts in Gurgaon, Haryana shall have the exclusive jurisdiction to resolve any dispute.