Please read the following terms and conditions carefully before registering, accessing, SeTrack GPS tracker and SeTrack GPS security mobile applications. By using the device and the mobile applications, you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the device and uninstall the mobile applications.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS FOR AVAILING SERVICE
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being of at least of 18 years of age as an individual user of the device and mobile applications and , We, Eplus & Surya Electronics, are registered at 116, Raja Garden, Ring Road, New Delhi -110015, Near Rajouri Garden Metro Station hereinafter referred to as SeTrack.. through its hardware device under the brand name ” SeTrack ” and the mobile applications ( SeTrack GPS Tracker). Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Eplus & Surya Electronics (together with its subsidiaries and other affiliates). The device and the applications can be used subject to your adherence to the terms and conditions set forth below including relevant policies. Eplus & Surya Electronics reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay informed of any changes that may be introduced.
ELIGIBILITY
The device and the applications shall not be used by persons under the age of 18. By using the device and registering with the associated applications you are Accepting the stated Terms & Conditions. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
PROHIBITED CONDUCT:
By using the device and the applications you agree not to: Infringe our intellectual property rights, rights of publicity or privacy Use the device and the application if you are under the age of eighteen (18) without a parental sponsor or in any event use the applications if you are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person Post or transmit any message, data, image or program which is pornographic in nature Refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide via the application. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation. Use the installed SeTrack GPS tracker “SIM card” for unlawful or illegal activities. Use the installed SeTrack GPS tracker “SIM card” in a device (ex. Mobile, Tablet, etc) other than associated SeTrack GPS tracker. Interfere or disrupt the device or the applications or networks connected to the applications. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network. Use any device, software or routine to bypass the applications robot exclusion headers, or interfere or attempt to interfere, with the applications. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our applications. Breach this Agreement or our privacy policy. Provide false, inaccurate or misleading information. Manoeuvre the application while driving in a way which distracts attention from driving.
USAGE OF THE DEVICE, EXPRESS EXCLUSIONS AND LIMITATIONS:
In order for the Services to be delivered, the mobile device or other user devices, onto which the device is installed, must have adequate network and data service and should have appropriate operating system and software required for the application to work, and the Hardware must be properly activated and installed in your vehicle and be in a geography that has telecom network. Eplus & Surya Electronics does not guarantee the accurateness of the data of vehicles and the alerts by the device.
TERMINATION; AGREEMENT VIOLATIONS
You agree that Eplus & Surya Electronics , in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) and remove and discard all or any part of your account, your user profile, at any time. You agree that any termination of your access to the applications or a portion thereof may be effected without prior notice, and you agree that Eplus & Surya Electronics will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity will be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Eplus & Surya Electronics may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the device and the applications.
LIMITATION OF LIABILITY AND DAMAGES
In no event will Eplus & Surya Electronics or its partners be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the device or the applications, or (iii) your use or inability to use the device or applications (including any and all materials), even if Eplus & Surya Electronics or their authorized representative has been advised of the possibility of such damages. In no event will Eplus & Surya Electronics or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the device or the applications, (iii) your use or inability to use the device or the applications, however caused and whether arising in contract, tort including negligence and warranty. If the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Eplus & Surya Electronics liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
INDEMNIFICATION
You agree to indemnify, save, and hold Eplus & Surya Electronics , its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licencors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the applications, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. This paragraph shall survive termination of this Agreement.
RETURN POLICY
The item sold one SeTrack .in are eligible for free refund/replacement, within 20 days of delivery, In an unlikely event of damaged, defective or different item delivered to you. Please keep the item in its original condition, with the brand outer box, user manual, and original accessories in manufacturer packaging for a successful return. We may contact you to ascertain the damage or defect in the product prior to issuing a replacement.
CANCELLATION POLICY
The customer can cancel the order anytime prior to the delivery of the order either by rejecting the order at the time of delivery or by contacting the customer care before the order is dispatched.
DISCLAIMER
Use of the device or the applications is at your own risk. The device or the applications are provided on an “as is” basis. To the maximum extent permitted by law: (a) Eplus & Surya Electronics disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the device or the applications; and (b) all implied warranties, terms and conditions relating to device or the applications (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between Eplus & Surya Electronics and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the app; or any damage or injury to users or their equipment as a result of or relating to their use of device or the applications. Your statutory rights will not be affected. Eplus & Surya Electronics will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the device or the applications, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. OWNERSHIP; PROPRIETARY RIGHTS The applications are owned and operated by Eplus & Surya Electronics . The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), software, and all other elements of the applications (the materials) provided by Eplus & Surya Electronics are protected by Indian copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. You agree not to remove, obscure, or alter Eplus & Surya Electronics copyright, patent, trademark, or other proprietary rights notices affixed to or contained within the applications. Except as expressly authorized by Eplus & Surya Electronics you agree not to sell, license, distribute, copy, modify, publicly display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Eplus & Surya Electronics reserves all rights not expressly granted in this Agreement. If you have comments regarding the applications or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Eplus & Surya Electronics , all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
MODIFICATION OF THIS AGREEMENT
Eplus & Surya Electronics reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification or otherwise communicating the notification to you (can be in any form). The changes will become effective, and shall be deemed accepted by you, 48 hours after the initial posting. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the applications. For certain changes, Eplus & Surya Electronics may be required under applicable law to give you advance notice, and Eplus & Surya Electronics will comply with such requirements.
NOTICE
Eplus & Surya Electronics may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Notice to Eplus & Surya Electronics, are registered at 116, Raja Garden, Ring Road, New Delhi -110015, Near Rajouri Garden Metro Station
WAIVER
The failure of Eplus & Surya Electronics to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Eplus & Surya Electronics .
SECURITY
For Security purpose and to serve you better, we have locked the devices to not be switched to any other server, owned by anyone or any entity and etc. other than Eplus & Surya Electronics by sending a message to the devices.
ARBITRATION
Eplus & Surya Electronics may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or Eplus & Surya Electronics (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
GOVERNING LAW AND FORUM FOR DISPUTES
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Eplus & Surya Electronics must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
SEVERABILITY
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
ASSIGNMENT
This Agreement, and any rights granted here under, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
SURVIVAL
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
HEADINGS
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
ENTIRE AGREEMENT
This is the entire agreement between you and Eplus & Surya Electronics relating to the subject matter hereof and will not be modified except in writing, by a change to this Agreement made by Eplus & Surya Electronics in accordance with the terms of this Agreement.