TERMS AND CONDITIONS
This [Application/ Services] is/are [**operated /provided] by Bits N Bytes Soft Private Limited (the "Service Provider
These terms and conditions ("User Terms") apply to your usage of the GPS Tracking Device (the "Device
") and your visit to and your use of the Services at "Trak N Tell
" Application (the "Application
") through any mode or medium, as well as to all information, recommendations and or services provided to you on or through the Website, the Service and the Application. "You" and "your" means a person who meets the eligibility criteria set out below.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING THE APPLICATION AND/OR USING THE SERVICE.
By selecting the "I accept" button or other button or mechanism designed to acknowledge agreement to the terms of an electronic copy of this Agreement, or by installing, downloading, accessing, or otherwise copying or using all or any portion of the Developer Materials, (i) you accept this Agreement on behalf of the entity for which you are authorized to act (e.g., an employer) and acknowledge that such entity is legally bound by this Agreement (and you agree to act in a manner consistent with this Agreement) or, if there is no such entity for which you are authorized to act, you accept this Agreement on behalf of yourself as an individual and acknowledge that you are legally bound by this Agreement, and (ii) you represent and warrant that you have the right, power and authority to act on behalf of and bind such entity (if any) or yourself. You may not accept this Agreement on behalf of another entity unless you are an employee or other agent of such other entity with the right, power and authority to act on behalf of such other entity.
If Licensee is unwilling to accept this Agreement, or you do not have the right, power and authority to act on behalf of and bind such entity or yourself as an individual (if there is no such entity), (a) do not select the "I Accept
" button or otherwise click on any button or other mechanism designed to acknowledge agreement, and do not install, download, access, or otherwise copy or use all or any portion of the developer materials;.
DESCRIPTION OF SERVICE
The Developer 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 Developer, such as service announcements, administrative messages and the
Newsletter, and that these communications are considered part of the package provided by the Developer 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 Developer 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 service provider 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.
AGREEMENT BETWEEN DEVELOPER AND YOU
By purchasing and fitting the Device in your vehicle and using the Service, you enter into a contract with Developer (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 to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) 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 Developer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Developer 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 Developer suspends or terminates the account.
The Developer is concerned about the safety and privacy of all its users. Please remember that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any of the Service areas and/or Content are appropriate for viewing.
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials owned or used by Developer, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party.
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 Developer of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
The Developer cannot and will not be liable for any loss or damage arising from your failure to comply with this Section
You agree to not use the Service to: (a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Developer official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, except in those areas that are designated for such purpose; (h) 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; (i) 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; (j) 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; (k) "stalk" or otherwise harass another; and/or (l) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l, above.
You acknowledge that the Developer may or may not prescreen Content, but that the Developer and its designees shall have the right (but not the obligation) in their sole discretion to prescreen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, the Developer and its designees shall have the right to remove any Content that violates the Terms and conditions or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Developer or submitted to the Developer, including without limitation information in all other parts of the Service. You acknowledge, consent and agree that the Developer 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 Developer, its users and the public.
Developer shall not be liable in case the servers holding the information or the content are hacked or are breached by any third party.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied with in the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Developer and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
INTERSTATE AND INTERNATIONAL NATURE OF COMMUNICATIONS ON THE DEVELOPER NETWORK
When you register with the Developer, you acknowledge that in using the Services to send electronic communications (including but not limited to viewing maps, downloading and uploading tracks, and other Internet activities), you will be causing communications to be sent through the Developer's computer networks, located in India, Germany and USA. As a result, and also as a result of the Developer 's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate or international communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms and conditions, you acknowledge that use of the service results in interstate and international data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
The Developer does not claim ownership of Content you view or make available to others from the Service.
You agree to indemnify and hold the Developer and its subsidiaries, affiliates, officers, directors, promoters, senior management, agents, employees, partners 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.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Device and the Developer), use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the Developer may establish general practices and limits concerning use
of the Service, including without limitation the maximum number of days that map data or other uploaded Content will be retained by the Service, the maximum number of hits received by an account on the Service, the maximum disk space that will be allotted on the Developer's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the Developer has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by the Service.
You acknowledge that the Developer reserves the right to log off accounts that are inactive or remain unpaid for an extended period of time. You further acknowledge that the Developer reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
The Developer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Developer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that the Developer 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) nonpayment 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 Developer 's sole discretion and
that the Developer 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Developer has no control over such sites and resources, you acknowledge and agree that the Developer is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Developer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
DEVELOPER'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Developer or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The Developer grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a computer/ mobile handset; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not 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 Developer for use in accessing the Service.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. The Developer and its subsidiaries, affiliates, officers, directors, promoters, senior management, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. The Developer and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from the Developer or through or from the service shall create any warranty not expressly stated in the Terms and Conditions.
e. Warranty on devices: one year parts and labor not including batteries unless otherwise stated.
LIMITATION OF LIABILITY
You expressly understand and agree that the Developer and its subsidiaries, affiliates, officers, directors, promoters, senior management, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Developer has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Device of the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Device or Service; or (v) any other matter relating to the service (vi) inappropriate fitting of the Device through a third party.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms and conditions, there shall be no third-party beneficiaries to this agreement.
The Developer may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail or postings on the Service.
Entire Agreement. The Terms and conditions constitute the entire agreement between you and the Developer and governs your use of the Device and the Service, superseding any prior agreements between you and the Developer with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Developer services, affiliate services, third party content or third-party software.
Choice of Law and Forum. The Terms and conditions and the relationship between you and the Developer shall be governed by the laws of India. The Courts in New Delhi shall have the exclusive jurisdiction to resolve any dispute.
Arbitration: In case of any dispute arising out of the use of the Developer's product or service, the same shall be resolved by way of an Arbitration by a sole Arbitrator. The appointment of Arbitrator and the Arbitration proceedings shall be carried out in accordance with the Provisions of The Arbitration and Conciliation Act, 1996. You agree that the decision/ award of the Arbitrator shall be final and binding between the parties.
Waiver and Severability of Terms. The failure of the Developer to exercise or enforce any right or provision of the Terms and conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and conditions remain in full force and effect.