TERMS OF SERVICE
Our Terms of Service were updated on 25-August-2017
Terms and Conditions for Sale, Rental and Subscription Agreement (hereinafter ‘Agreement’)
By accessing and using the Service/Product you accept and agree to be bound by the terms set forth below (the “Terms and Conditions”). All use of the Service/Product is subject to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Services/Product. By continuing to use the Services/Product, you agree to be bound by these Terms and Conditions.
Should you have any questions about the Service/Product, please contact us at email@example.com.
TERMS AND CONDITION:
To avail the Services you will rent the Product and the necessary Accessories and the Services shall be subject to the Terms and Conditions mentioned herein below:
SALE OF PRODUCT
Upon payment of the applicable Product cost we will ship/deliver the Product to you. We may charge the shipping & handling charges extra upon our sole discretion. All packages are shipped via the method you chose during the purchase process. Tracking numbers will only be provided upon request. The Product will be covered by the warranty to cover any mal-functions during the warranty period, please call us immediately on the provided customer care number in case you find any erroneous behaviour on the Product/Services. We will provide technical support over the phone or rectify the defect as soon as possible during the warranty period. Product purchased for use on our Service may not function on other services.
Services are provided separately and billed monthly at the end of the of the each subscription month and payable within 15 days of the date of the bill/invoice or if you are planning to purchase the multiple Products for multiple account the Services shall also be provided separately to each Products as per the separate Service Order generated to avail the Services, Service invoices will be sent once a month in the monthly billing cycle.
The initial rental date of the Product will commence on the date when you receive the Product and ends on the day Product is dispatched to our office through reputed courier or speed post and you provide us the proof of such dispatch by courier or speed post. We may charge the shipping & handling charges extra upon our sole discretion. All packages are shipped via the method you chose during the purchase process. Tracking numbers will only be provided upon request.
Upon termination of the rental period or the end of the contract period you are required to return back the Product and all Accessories to the communicated address. If you are shipping the Product back, you may ship at your expense (i.e. shipping charges, rental for the transit period) and provide the tracking number to initiate the closure process of the contract .The Agreement will be terminated upon clearing of all the dues and the receipt of Product in our office. If you would like to return the Product personally, you are welcome to do so. The Agreement will end the next day the Product is returned. There are no charges or penalties for early returns on any type of agreement.
If the Product mal-functions during usage , please call the Customer Care immediately on the provided customer care number. We will provide technical support over the phone or send a replacement unit as soon as possible.
We do not store any data on the Product. Upon termination once the Product is received by us any data loaded onto the Product is cleared off and destroyed. The Product is being delivered for purposes for the period stated in the Service Order. Upon receipt of the Product you assumes all responsibility for the retail replacement cost of the Product including all Accessories; due to damages, loss or theft until the Product has been returned to us. If the Product is returned with anything missing in that case you will be charged the retail replacement cost. If the Product is returned with any damages our team will inspect the Product and determine the cause. If the cause of the damages attributable to user error and/or mistreatment you will be charged for the full retail cost of the damages or replacement of Product as we may deems fit and appropriate . We reserve the right to deduct such damages from the Security Deposit or forfeit the complete Security deposit to compensate the damages caused to the Product or the loss or theft of the Product.
Rental contract(s) will be post-paid and will be billed monthly at the end of the of the each subscription month and payable within 15 days of the date of the bill/invoice .The full and final settlement of invoice will be sent out after the Product is returned and will include any applicable charges as well as any applicable Product replacement/repair costs of unit or Accessories. Any applicable replacement or repair costs to Product will be invoiced separately.
PRODUCT AND USE.
YOU AGREE TO COMPLY WITH ALL APPLICABLE STATE, LOCAL, AND FOREIGN LAWS, RULES AND REGULATIONS REGARDING THE USE OF THE PRODUCT AND THE SERVICES PROVIDED BY US.
As required by applicable laws in order to avail the Service on the Product seamlessly you need to complete the KYC norms as laid down by Department of Telecommunication, Government of India and Telecom Regulatory Authority of India from time to time. You need to ensure that all the details provided by you are true and correct to the best of your knowledge and beliefs .You understands and acknowledges that we shall not be liable for any compensation to the you nor be liable to refund the amount paid by the you under any circumstances if any information provide by you in the KYC is incomplete or incorrect .You further acknowledge to intimate us any change of address within one week of such change along with new proof of address. In the event of incomplete and/or incorrect information, we reserve the right to reject or cancel Services in whole or in part.
Your right to privacy is important. We believes that the personal information you choose to furnish online should only be used to help us provide you with the highest quality products, Service and support. For analytics purposes we will maintain and process the anonymous data collected during your usage of Product. WE WILL NOT share this information with any other party without a court order.
You are responsible for paying all charges resulting from Services provided under this Agreement. Charges include, without limitation, recurring monthly Service, any other changes if incurred, applicable taxes and late payment charges. Except as provided below, monthly Service and certain other charges are billed one month in advance and there is no proration of such charges if Service is terminated on other than the last day of your billing cycle. You agree to pay for the Product and Services subscribed by you as per Service Order.
If the rented Product is lost or stolen, you will be responsible for the cost of the Product and all subscription charges incurred until you report the theft or loss to us. After you report the theft or loss to us, you remain responsible for complying with your obligations under this Agreement till the date of final settlement of accounts. You also remain responsible for paying your monthly Service fee if your Service is suspended for non-payment and rented Product has not been returned. We may require payment by cheque, demand draft, online digital payment or any other payment mode as may be implemented from time to time at our discretion. We will charge you applicable fee for any cheque or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason.
Payments received after the due date will incur late payment charges @ 24% per annum or as specified by us. The late payment charges shall become chargeable on all outstanding Charges for the period from the due date till the date of Payment.
The Service fee and other applicable charges shall be governed by the applicable tariff plan subscribed by you notwithstanding as to what is stated herein, we reserves the right to withdraw/deactivate/ terminate the Services if the fee or the Service fee is not made by the due date.
You agree to reimburse us the fees of any collection agency, which we may use to recover the due amount and charges, we may change you all costs and expenses, including reasonable attorneys’ fees, which we incur in such collection efforts.
In the event the cheque deposited by you towards payment of the bill is dishonoured in that case an SMS message sent or call warning or email notified to you on the mobile number or any other verbal or written communication shall be construed as due notice in this regard. In case such disconnection is effected for such dishonour of Cheque, you have to apply for reactivation of the connection for subscription of the Service, after having absolved yourself of the due payment. We reserves the right to charge for such reactivation at such rates as may be determined by us from time to time. Without prejudice to the generality of the above it shall be our sole discretion to allow or refuse such reactivation.
We reserve the right to predetermine credit limit to usage of Services availed by you. In the event you have exceeded the predetermined credit limit, you will be responsible to forthwith pay for all the Services availed by you. We further reserves the right to totally or partially disconnect or suspend the Services, with or without notifying you in the case you exceeds the prescribed credit limit. In the event you exceeded the predetermined limit you will be responsible to pay for all the Services availed by you beyond the stated limit. However we may on our sole discretion enhance your credit limit and any such allowances made by us shall not create any right in favour of you to such increased amount of credit limits in future.
ADVANCE PAYMENTS AND/OR DEPOSITS.
We may require you to make deposits or advance payments for Services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate.
Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain Service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.
Based on the applicable tariff plan opted by you for the Product and subscription of Services you need to deposit applicable Security Deposit at the time of of Product and subscription of Services as mentioned in the Service Order. The Security Deposit will be held and returned to you in whole or in part upon successful receipt of the Product and all the Accessories in the same undamaged, working condition that was provided to you at the time of Service commencement date. We will change you the applicable Product cost if the Product is stolen or lost or damaged by you. We will be entitled to retain and adjust the Security Deposit against the full or partial satisfaction of any sums due from you including lost or damage to the Product at the end of the Services or termination of the Services the balance (if any) of the Security Deposit will be repaid to you on fulfilment of such conditions as may be intimated to you. No Interest will be paid on the Security Deposit.
CHANGES TO TERMS AND RATES.
We may change any terms, conditions, rates, fees, expenses, or charges regarding Service at any time. We will provide you with notice of such changes. If we increase the price of any of the Services to which you subscribe, we will disclose the change at least one billing cycle in advance (through an email address as provided by you).
You authorize us to provide information about and to make changes to your account, including adding new Service, upon the direction of any person able to provide information we deem sufficient to identify you.
REFUND AND CANCELLATION POLICY OF ONLINE PAYMENT.
In the event of failed transaction, the amount shall be credited/refunded back to Your card account as per applicable payment gateway policies. During any transaction, the Website shall notify you about the payment gateway being used. Your payment will normally reach to our account within two working days of such transaction. We cannot accept liability for payment not reaching to our account due to incorrect account number or incorrect personal details quoted by you. We are not liable if payment is refused or declined by the credit/debit card service provider for any reason. If the card service provider declines payment, we are under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card service provider that payment has been deducted from your account.
The amount transferred through online payment against your obligation is non-refundable. The Service Charges and Taxes (as applicable for online payment) paid in addition to the amount is also non-refundable. If you failed to provide the appropriate payment details and the purpose of amount transferred, there shall be no entitlement to refund of payment made which includes amount, service charges and taxes, as applicable. Refunds, if applicable, at our sole discretion, will only be made to the debit/credit card used for the original transaction.
Refund Policy in case of broken payment transaction during the online payment, the amount including applicable Service charges and taxes is debited from the related account but payment status is not updated successfully at our end, this payment transaction is referred as ‘Broken Payment Transaction’. The payment debited against the Broken Payment Transaction is refundable and components of applicable Service Charges and Taxes in the paid amount are non-refundable. The refund of the refundable amount against the Broken Payment Transaction shall be made by the bank as per applicable government guidelines.
Service is not available at all times in all places. While we believe we have the most comprehensive coverage available, there can be gaps in wireless service areas. Tracking services may not be available from time to time due to issues including, but not limited to, internet outages and server maintenance. You accept our Services with these limitations. We are not responsible for interruptions in Service that are outside of our reasonable control or the network service provider.
Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by national security and emergency preparedness personnel in the event of a disaster or emergency, coordination with other systems, Product modifications and repairs, and problems with the facilities of interconnecting carriers. On the best effort basis we will maintain the Service uptime of 99%. We will attempt to respond the complaints of service failure as soon as possible upon the registration of such complaint to our customer care.
LIMITATION OF LIABILITY.
We may, but do not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to you. There are gaps in Service within the Service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT WESHALL BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
- act or omission of a third party;
- mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the Service provided by or through us;
- damage or injury caused by the use of the Service or Product, including use in a vehicle;
- claim against you by third parties; or
- damage or injury caused by a suspension or termination of Service by us.
Our liability to you for Service failures are limited solely to the credit set forth above. We will be not liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Service or Product provided by us, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the fullest extent allowed by law, you hereby release, indemnify, and hold us and our officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, Service provided by us or any use thereof or of the Product, INCLUDING CLAIMSARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE, or any violation by you of this Agreement. This obligation shall survive termination of your Service with us. We are not liable to you for changes in operation, Product, or technology that cause you Product or software to be rendered obsolete or require modification.
We retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in the Website or relating to the Product and Services (collectively the “Our Intellectual Property”) that are the exclusive property of us and/or its licensors. We do not transfer any rights to you for any of Our Intellectual Property.
Content of the Services that incorporates or includes any of the Our Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, translated, reverse engineered, decompiled, disassembled, or used to make derivative works or improvements or otherwise exploited for any other purposes whatsoever without the prior written consent of us or the rightful owner, as applicable.
THE SERVICES/ PRODUCT ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU AGREE THAT THE USE OF THE SERVICES/ PRODUCT SHALL BE AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES/ PRODUCT OR ACCESS THE SERVICES AT ALL TIMES OR PLACES, WE WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THE SERVICES WILL BE OPERABLE WITH YOUR PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT.
We may terminate this Agreement at any time if we cease to provide Service in your area. We may interrupt or terminate your Service without notice for any conduct that we believe violates this Agreement or any term and conditions of your plan, or if your behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if we discover that you fail to make all required payments when due or if we have reasonable cause to believe that Services/Product is being used for an unlawful purpose or in a way that may adversely affect our Service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment of deposit.
We will be not liable to you for any failure on our part to perform any of obligations mentioned herein by reason of Force Majeure Event. To the extent possible we will provide you prompt notice of the applicable circumstance and will use commercially reasonable efforts to re-commence performance as promptly as possible; and provided that if our performance is delayed for a period of more than thirty (30) days by reason of any Force Majeure Event, then you may by written notice to us either: (a) terminate this Agreement; or (b) extend the Term of this Agreement for a number of days equal to the duration of the affected non-performance .
This Agreement, the terms included in the tariff plan describing your plan and Services, and any documents expressly referred to herein or therein, make up the complete Agreement between you and us, and supersede any and all prior Agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect.
We may assign this Agreement, but you may not assign this Agreement without our prior written consent. We reserve the right to contact you by any means regarding customer Service related notifications, or other such information.
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under Agreement and your use of the Product/Services resides in the courts of New Delhi and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.