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
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.
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
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TrackpointGPS Pvt Ltd MAKES NO
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR
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.
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.
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 022 4610 4800 / 022 6130 4800.
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
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
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
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
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.