Please read the following terms and conditions carefully before registering, accessing, Pictor Telematics GPS tracker and Pictor Telematics 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 , registered at U112, Vidhata House, Vikas Marg, Shakarpur, New Delhi, Delhi 110092. All services are rendered by PICTOR TELEMATICS PRIVATE LIMITED. through its hardware device under the brand name "Pictor Telematics” and the mobile applications (Pictor Telematics GPS Tracker). Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of PICTOR TELEMATICS PRIVATE LIMITED (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. PICTOR TELEMATICS PRIVATE LIMITED 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.
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.
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. PICTOR TELEMATICS PRIVATE LIMITED does not guarantee the accurateness of the data of vehicles and the alerts by the device.
TERMINATION; AGREEMENT VIOLATIONS
You agree that PICTOR TELEMATICS PRIVATE LIMITED, 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 PICTOR TELEMATICS PRIVATE LIMITED 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 PICTOR TELEMATICS PRIVATE LIMITED 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 PICTOR TELEMATICS PRIVATE LIMITED 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 PICTOR TELEMATICS PRIVATE LIMITED or their authorized representative has been advised of the possibility of such damages. In no event will PICTOR TELEMATICS PRIVATE LIMITED 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, PICTOR TELEMATICS PRIVATE LIMITED's liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold PICTOR TELEMATICS PRIVATE LIMITED, 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.