The Terms of the Agreement (the "Agreement") dated July 02, 2019, governs User’s use of the Company website, web Application and mobile application. The Company may intimate the Users 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 Company’s website/web application/mobile application. 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. The Company 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 the Company for other product/services or services. terminate User’s use of the website. In the event the User does not agree to accept and abide by the terms of this Agreement, it is advised that the User should not access or use Company’s website/web application/mobile application.
This Website offers for sale and renewal of Product/Services by the Company. By placing an order or renewal of the Product/Service through this Website, User agrees to the terms set forth in this Agreement.
Use of Website; The Company 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
The User’s use of this Website and/or Product/Service is user’s sole risk. The website and Product/Services are offered on an "as is" and "as available" basis. The Company makes no warranty that the information provided on this website is accurate, reliable, complete, or timely.
Once User has ordered the product/service; a service agent of the Company 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 is sole responsibility of the Company. Under any circumstances the liability to the Company arising due to any error caused by the technician during installation shall not be more than the invoiced amount. The Company 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, the Company’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 personnel of the Company or any person authorized by the Company, to adjust, repair or support the product/service. Users use of the products/services offered by the Company shall be solely at their own risk. Save and except already provided, the Company provides no other express warranties, guarantees, or conditions related to its products and services. To the extent permitted by law, the Company disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. Without limiting the generality of the foregoing, the Company does not warrant that the product/services offered by the Company will always be accurate, error-free, virus-free, timely, secure or uninterrupted or that it will always meet any specific requirements of the User.
User agrees to use the product/services offered by the Company, 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/service 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. User agrees that User 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. User further agrees that he/she/it shall not tamper with the product and any tampering of the product shall constitute breach of these terms and conditions as well as breach of the warranty provided along with the product.
User shall be obligated to return the product within 10 (Ten) working days of termination of this Agreement. The User agrees to return the product is in its original state subject to normal wear and tear.
User acknowledge that the Company owns all right, title and interest in and to the products, including without limitation all intellectual property rights including, with respect to the applications associated with the products (“Company Proprietary Rights”). Further, it is hereby clarified that User shall not be provided any access to the source code of the product and accordingly, User will not be permitted to copy, reproduce, alter, modify, or create derivative works of the product. User also agrees that User will not use any robot, spider, other automated device to monitor or copy any content from the product/services. The Company is the sole owner of the Company marks, service marks, trade name and any other marks used by the Company (collectively “Trademarks”). User agrees not to interfere with Company’s rights in the Trademarks, including challenging Company’s use, registration or application to register the Trademarks, anywhere in the world, and that User will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of the Company. All Trademarks, domain name, trade dress including the look, feel and design of the product, interfaces, etc., and the selection and arrangements thereof, is the property of the Company, unless otherwise indicated.
The Company’s entire liability, and User’s exclusive remedy, in law, in equity, or otherwise, with respect to the website/web application/mobile application 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.
To the fullest extent permitted by applicable law the Company shall not be liable for any direct, indirect, incidental, special, punitive 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/web application/mobile application 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. Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
The User shall release, indemnify, defend and hold harmless the Company and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, obligations, losses, liabilities, 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/web application/mobile application content or the User’s use of the website/web application/mobile application content; (3) the products/service/services or the User use of the product/services (including trial product/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 the Company, when the Company is threatened with suit or sued by a third party, the Company may seek written assurances from User concerning User promise to indemnify the Company; the User failure to provide such assurances may be considered by to be a material breach of this Agreement. The Company 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 the Company’s choice at its expense. The Company 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 the Company against any claim, but User must receive the Company’s 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.
Please refer to Trackpoint GPS Pvt Ltd Privacy Policy, incorporated by reference herein, that is posted on the Website.
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.
There is no shipping service provided since the product has to be installed in the vehicle, the Company authorised technician goes to the customer location and installs the product.
Force Majeure: Trackpoint GPS 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.
The User shall receive transactional, promotional or utility sms, alert and/or notifications based on the event triggered from matchpointGPS tracking device.
Cessation of Operation: Trackpoint GPS Pvt Ltd may at any time, in its sole discretion and without advance notice to User, cease operation of the website/web application and mobile application and distribution of the product/service.
Entire Agreement: This Agreement comprises the entire Agreement between User and Company 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: The Company reserves the right to terminate the User’s access to the website/web application/mobile application 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/web application/mobile application and the Company 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/web application/mobile application is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the website/web application/mobile application. This Agreement shall survive indefinitely unless and until the Company chooses, in its sole discretion and without advance to User, to terminate it.
Domestic Use: The Company makes no representation that the website/web application/mobile application or product/service is available for use in locations outside India. Users who access the website/web application/mobile application 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. The Company may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to User.
Authorised (Secondary) Users: The Master (Primary) Users may provide the right to track his/her vehicle to Authorized (Secondary) Users which can be selected from the Master (Primary) User’s contact list (this may include spouse, child, friends, family etc), The Company is not responsible for any dispute among the Master (Primary) User and Authorized (Secondary) User and the usage of the app by the authorized users thereafter, The Master (Primary) User has the right to add/delete the Authorized (Secondary) User from time to time.
In case the User intends to sell the vehicle in which the tracker is installed he would be obligated to follow the below process: - In case the User intends to purchase new vehicle and would like to get the Product/Service transferred from the old to the new vehicle, he can call the Company support number and place a request. - In case the User wishes to sell the vehicle with the Product/Service, the User needs to call and inform the Company to transfer the Product/Service to the new user for the remaining duration of that Product/Service. - In case the User wishes to terminate the Product/Service he needs to call the Company and inform the Company of the same, post which the Company’s authorised technician will visit the User location and remove the hardware from the vehicle. The Company is not liable for any complaints received from the new owner who is not aware of the Product/Service, of any vehicle which has been sold by any existing user as above.
By using this Website or ordering Product/Services from this website user agrees to be bound by all of the terms and conditions of this Agreement.
