The item sold one Pictor Telematics.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.
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.
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) PICTOR TELEMATICS PRIVATE LIMITED 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 PICTOR TELEMATICS PRIVATE LIMITED 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. PICTOR TELEMATICS PRIVATE LIMITED 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 PICTOR TELEMATICS PRIVATE LIMITED. 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 PICTOR TELEMATICS PRIVATE LIMITED 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 PICTOR TELEMATICS PRIVATE LIMITED’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within the applications. Except as expressly authorized by PICTOR TELEMATICS PRIVATE LIMITED 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. PICTOR TELEMATICS PRIVATE LIMITED 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 PICTOR TELEMATICS PRIVATE LIMITED, 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 PICTOR TELEMATICS PRIVATE LIMITED 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, PICTOR TELEMATICS PRIVATE LIMITED may be required under applicable law to give you advance notice, and PICTOR TELEMATICS PRIVATE LIMITED will comply with such requirements. NOTICE PICTOR TELEMATICS PRIVATE LIMITED may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Notice to PICTOR TELEMATICS PRIVATE LIMITED must be sent by courier or registered mail to PICTOR TELEMATICS PRIVATE LIMITED U112, Vidhata House, Vikas Marg, Shakarpur, New Delhi, Delhi 110092. WAIVER The failure of PICTOR TELEMATICS PRIVATE LIMITED 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 PICTOR TELEMATICS PRIVATE LIMITED. 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 PICTOR TELEMATICS PRIVATE LIMITED by sending a message to the devices. ARBITRATION PICTOR TELEMATICS PRIVATE LIMITED 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 PICTOR TELEMATICS PRIVATE LIMITED (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 PICTOR TELEMATICS PRIVATE LIMITED 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 PICTOR TELEMATICS PRIVATE LIMITED relating to the subject matter hereof and will not be modified except in writing, by a change to this Agreement made by PICTOR TELEMATICS PRIVATE LIMITED in accordance with the terms of this Agreement.