VAMO SYSTEMS PRIVATE LIMITED – TERMS AND SERVICE

The following Terms of Service and Purchase Agreement (the “Agreement”) sets forth the terms and conditions of your use of certain services provided by VAMO SYSTEMS PRIVATE LIMITED (the “Company”) including asset tracking services, fleet tracking services, vehicle location tracking services, GPS tracking services, or any combination thereof (the “Services”) and your purchase of asset, fleet, or vehicle location tracking devices (the “Devices”) provided by the Company. The terms “you,” “you,” “User,” or “Customer” shall refer to any individual or entity who uses any of the Services or the Devices provided by the Company. If you are agreeing to the Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the Agreement, in which case the terms “you,” “you,” “User,” or “Customer” shall refer to such corporate entity.

Please review the Agreement carefully. By accessing or using the Services or the Devices, you signify acknowledgment, understanding, and compliance with the Agreement. You agree that this Agreement governs any dispute related to the Services or the Devices even if such a dispute arose prior to the Effective Date of the Agreement. If you do not agree to the Agreement, you may not access or use the Services or the Devices.

FROM TIME TO TIME THE COMPANY MAY UPDATE THE AGREEMENT AND YOU MAY ACCEPT THE NEW TERMS AND CONDITIONS OF THE AGREEMENT TO CONTINUE USING THE SERVICES OR THE DEVICES. IF YOU ELECT NOT TO ACCEPT THE NEW TERMS AND CONDITIONS OF THE AGREEMENT, THEN THE COMPANY MAY, IN ITS SOLE DISCRETION, IMMEDIATELY TERMINATE THE AGREEMENT AND DISCONTINUE PROVIDING THE SERVICES ON THE DATE THAT YOU ELECT NOT TO ACCEPT THE NEW TERMS AND CONDITIONS OF THE AGREEMENT.

YOU REPRESENT THAT THE AGREEMENT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY RELATING TO THE SUBJECT MATTER OF THE AGREEMENT.

Username and Password

You acknowledge and agree that you have access to at least part of the Services through a user name and password that you created through the Company’s website. You agree that you will not provide your user name or password to any other unauthorized persons or entities or allow any other unauthorized persons or entities to access the Services provided to you under your user name and password. You agree that you are solely responsible for any actions that occur under your user name and password. In the event that your user name and password become known by an unauthorized third party you agree to notify the Company immediately.

Trademark

VAMOSYS, VAMOSYS logo, the names of individual Services and their logos are trademarks of  Corporation. You agree not to display or use, in any manner without VAMOSYS’s Prior permission.

Communications from VAMOSYS

The Service may include certain communications from VAMOSYS, such as service announcements, administrative messages and Notifications. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving notification from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Complaints

An user can log their complaints in https://gpsvts.freshdesk.com/ and a customer service person from VAMOSYS will get in touch with you to resolve the mentioned tickets.

Prices and Payment Terms (This thing I have copied from ALHADEED).
  • One year warranty for Manufacturing defects from the date of installation of GPS Device.
  • For Fault other than manufacturing defects, the repair & re-installation cost will be borne by customer.
  • Customer may arrange for own technician for installation who will be guided by VAMOSYS during

Installation. If the technician is arranged by the company VAMOSYS then the installation cost to be borne by the customer.

  • Customer will be responsible for intended or unintended defect/repair caused by customer.
  • Customer has to arrange SIM Card on their own with GPS/GPRS active and with SMS booster. We recommend Airtel ,Vodafone etc..Plan required per month: Suitable GPRS pack enabled in 2G network SMS & Voice calls Optional.
  • The SMS command for information retrieval to device depends on mobile provider’s SMS delivery.
  • For any delay or no delivery of message(s) depends on amount balance in SIM Card and also connectivity of network.
  • DATA sync is purely based on Satellite and SIM card signal.
  • The VAT and Service Tax are applicable as per standards.
  • Delivery within 7 days after receipt of Purchase Order.
  • 12 months free service restricted to 2 visits for software and device support. Additional visiting charges Rs.750/- per visit.
  • Any further support activities and customization for application will be chargeable depends on requirement.
  • Cheque / DD Payment to be made in the name of ‘VAMO SYSTEMS PVT LTD’.

Term

The term of the Agreement shall begin immediately upon your use of any of the Services or the Devices and shall continue until you cease to pay the Subscription Fee. The term of the Agreement may be renewed by you pursuant to renewal procedures which are established by the Company and which may be in effect from time to time.

Disclaimer of Warranties

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YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. VAMOSYS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VAMOSYS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM VAMOSYS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU AGREE THAT VAMOSYS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF VAMOSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL VAMOSYS ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Indemnification

You agree to indemnify and hold harmless VAMOSYS, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by VAMOSYS.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such 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 decision of the arbitrator shall be final and unappealable. VAMOSYS may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event

of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other

government agencies. Objections to suspension or disabling of user accounts should be made

to  [email protected]  within thirty days of being notified about the suspension. We may terminate a

suspended or disabled user account after thirty days. We will also terminate your user account on your

request.

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief  that you have violated the Terms. You have the right to terminate your user account if VAMOSYS breaches its obligations under these Terms. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this Agreement, please contact us

at [email protected]