GPS tracker helps in tracking the vehicle real time ensuring safety of your fleet at all times.

Call us: 1800 266 4800 (24x7)

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Call us: 1800 266 4800 (24x7)

Terms of use


TERMS AND CONDITIONS OF USE

PLEASE READ THIS TERM AND CONDITIONS OF THE AGREEMENT CAREFULLY. BY USING THIS WEBSITE USER AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

The Terms of the Agreement (the "Agreement") dated 15 th September 2017 governs User’s use of the all sites. For the websites it shall be; www.matchpoingps.com, for the web application it shall be track.matchpointgps.in and for mobile application (android/iOS) it shall be track.matchpointgps.com (the "Website") offer of Product/Service for purchase on this Website, or User’s purchase of Product/Services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. TrackpointGPS Pvt Ltd reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. TrackpointGPS Pvt Ltd shall alert User that changes or revisions have been made by indicating on the top of this Agreement the date when it was last revised. The changed or revised Agreement shall be effective immediately after it is posted on this Website. User’s use of the Website following the posting any such changes or of a revised Agreement shall constitute the User’s acceptance of any such changes or revisions. TrackpointGPS Pvt Ltd encourages User to review this Agreement whenever the User visits the Website to make sure that User understands the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written Agreement User may have with TrackpointGPS Pvt Ltd for other Product/Services or services. If User’s do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate User’s use of the Website.

I. TERMS OF OFFER

This Website offers for sale and renewal of Product/Service/Services by TrackpointGPS Pvt Ltd. By placing an order or renewal of the Product/Service through this Website, User agrees to the terms set forth in this Agreement.

II. WEBSITE

Use of Website; TrackpointGPS Pvt Ltd is not responsible for any damages resulting from use of this website by anyone. User shall not use the Website for illegal purposes. User shall (1) abide by all applicable local, state, national, and international laws and regulations in the User’s use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

III. DISCLAIMER OF WARRANTIES

THE USER’S USE OF THIS WEBSITE AND/OR PRODUCT/SERVICE IS USER SOLE RISK. THE WEBSITE AND PRODUCT/SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TrackpointGPS Pvt Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCT/SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCT/SERVICES. ("PRODUCT/SERVICES" INCLUDE TRIAL PRODUCT/SERVICES.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TrackpointGPS Pvt Ltd MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT/SERVICE OR THAT DEFECTS IN PRODUCT/SERVICES SHALL BE CORRECTED.

IV. INSTALLATION, SERVICE AND PRODUCT/SERVICE WARRANTY

Once User has ordered the Product/Service; a TrackpointGPS Pvt Ltd service agent shall contact the User to schedule the installation of the Product/Service after delivery of vehicle. Tracker Installation and all on-going tracking Services and Warranty shall be provided by and sole responsibility of TrackpointGPS Pvt Ltd Private Limited. Under any circumstances the liability to TrackpointGPS Pvt Ltd Private Limited arising due to any error caused by the technician during installation shall not be more than the invoiced amount. TrackpointGPS Pvt Ltd warrants to the proposer that the Product/Service shall be free from defects in materials and service affecting normal use for a period equal to the duration of service paid for and opted by the proposer. However, TrackpointGPS Pvt Ltd’s warranty covers only those defects that arise as a result of normal use of the Product/Service and shall not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, usage and/or storage and/or installation not in accordance with Product/Service instructions, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence and any attempt by any person other than a TrackpointGPS Pvt Ltd personnel or any person authorized by TrackpointGPS Pvt Ltd, to adjust, repair or support the Product/Service.

V. LIMITATION OF LIABILITY

TRACKPOINTGPS PVT LTD’S ENTIRE LIABILITY, AND USER’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCT/SERVICE FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT THE USER HAS PAID, LESS SHIPPING AND HANDLING, FOR PRODUCT/SERVICE PURCHASED VIA THE WEBSITE.

TRACKPOINTGPS PVT LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT/SERVICE IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCT/SERVICES; (2) THE COST OF PROCURING SUBSTITUTE PRODUCT/SERVICES OR CONTENT; (3) PRODUCT/SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS USER ALLEGE.

VI. INDEMNIFICATION

The User shall release, indemnify, defend and hold harmless TrackpointGPS Pvt Ltd and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of User warranties, representations and obligations under this Agreement; (2) the Website content or the User use of the Website content; (3) the Product/Service/Services or the User use of the Product/Service/Services (including Trial Product/Service/Services); (4) any intellectual property or other proprietary right of any person or entity; (5) the User violation of any provision of this Agreement; or (6) any information or data User supplied to TrackpointGPS Pvt Ltd. When TrackpointGPS Pvt Ltd is threatened with suit or sued by a third party, TrackpointGPS Pvt Ltd may seek written assurances from User concerning User promise to indemnify TrackpointGPS Pvt Ltd; the User failure to provide such assurances may be considered by to be a material breach of this Agreement. TrackpointGPS Pvt Ltd shall have the right to participate in any defense by User of a third-party claim related to User use of any of the Website content or Product/Services, with counsel of TrackpointGPS Pvt Ltd choice at its expense. TrackpointGPS Pvt Ltd shall reasonably cooperate in any defense by User of a third-party claim at User request and expense. User shall have sole responsibility to defend TrackpointGPS Pvt Ltd against any claim, but User must receive TrackpointGPS Pvt Ltd prior written consent regarding any related settlement. The terms of this provision shall survive any termination or cancellation of this Agreement or User use of the Website or Product/Services.

VII. PRIVACY

Please refer to TrackpointGPS Pvt Ltd Privacy Policy, incorporated by reference herein, that is posted on the Website.

VIII. AGREEMENT TO BE BOUND

By using this Website or ordering the Product/Service, User acknowledge that User have read and agree to be bound by this Agreement and all terms and conditions on this Website.

IX. SHIPPING POLICY

There is no shipping service provided since the product has to be installed in the vehicle, TrackpointGPS Pvt. Ltd authorised technician goes to the customer location and installs the product.

X. RETURN AND EXCHANGE POLICY, REFUND & CANCELLATION

In case of Return / exchange / refund / cancellation, the user shall call and inform a TrackpointGPS Pvt. Ltd, agent on 1800 266 4800 (24x7).

XI. GENERAL

Force Majeure. TrackpointGPS Pvt Ltd shall not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. TrackpointGPS Pvt Ltd may at any time, in its sole discretion and without advance notice to User, cease operation of the Website and distribution of the Product/Service. Entire Agreement. This Agreement comprises the entire Agreement between User and TrackpointGPS Pvt Ltd and supersedes any prior Agreements pertaining to the subject matter contained herein.

Governing Law and Jurisdiction. This Website originates from Mumbai, India. This Agreement will be governed by the Laws of India. By using the web applications or ordering the Products/Services, the User consents to the Jurisdiction and the Courts at Mumbai will apply in connection to any action, suit or claim arising under or by reason of this Agreement. Statute of Limitation. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Product/Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, USER HEREBY IRREVOCABLY WAIVE ANY RIGHT USER MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. TrackpointGPS Pvt Ltd reserves the right to terminate the User’s access to the Website if it reasonably believes, in its sole discretion, that Users have breached any of the terms and conditions of this Agreement. Following termination, the User shall not be permitted to use the Website and TrackpointGPS Pvt Ltd may, in its sole discretion and without advance notice to User, cancel any outstanding orders for the Product/Service. If the User’s access to the Website is terminated, TrackpointGPS Pvt Ltd reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement shall survive indefinitely unless and until TrackpointGPS Pvt Ltd chooses, in its sole discretion and without advance to User, to terminate it.

Domestic Use. TrackpointGPS Pvt Ltd makes no representation that the Website or Product/Service is available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment. User shall not assign User’s rights and obligations under this Agreement to anyone. TrackpointGPS Pvt Ltd may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to User. BY USING THIS WEBSITE OR ORDERING PRODUCT/SERVICES FROM THIS WEBSITE USER AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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