TERMS AND CONDITIONS

Please read the following terms and conditions carefully before registering, accessing, AUTOMATE GPS tracker device and AUTOMATE 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 NO 180, Pramod Layout, Bangalore - 560039. All services are rendered by AUTOMATE INNOVATION PRIVATE LIMITED hereinafter called Automate Gps. through its hardware device under the brand name "Automate GPS and the mobile applications (AUTOMATE GPS Tracker). Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Automate GPS (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. Automate GPS 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 libelous, 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 Automate GPS GPS tracker SIM card for unlawful or illegal activities.
• Use the installed Automate GPS GPS tracker SIM card in a device (ex. Mobile, Tablet, etc) other than associated Automate GPS 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.
• In order to provide better customer experience, the applications built on latest technology and will be supporting latest generation smartphone. Applications will be upgraded time to time. Before purchasing the device make sure user use the latest smartphone.
• The device should face up to the sky. Metal thermal barrier or heating layer of the windshield affects the signal. GPS position might differ if the device fitted vehicle parked in basement or weak telecom signal area. Please change installation places & park in better signal places to receive better signal and accuracy position.
• Automate reserves rights to provide or not to provide the device warranty within a year after thorough inspection. 
• GPS position might differ if the data transmits intervals settings and poor signal. 
• Automate GPS does not guarantee the accurateness of the data of vehicles and the alerts by the device.
• Automate GPS is not responsible for theft/stolen of your vehicle.
• Automate GPS is not responsible for any defects caused by misuse, negligence, abnormal use, insufficient care, abuse, flooding or fire or any other natural calamities.
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TERMINATION; AGREEMENT VIOLATIONS

You agree that Automate GPS, 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 affected without prior notice, and you agree that Automate GPS 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 Automate GPS 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 Automate GPS 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 Automate GPS or their authorized representative has been advised of the possibility of such damages. In no event will Automate GPS 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, Automate GPS 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 Automate GPS , its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, 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.

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) Automate GPS  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 Automate GPS  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.

Automate TECHNOLOGY 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 vehicle, loss of time, loss of revenues, profits, contracts, business or anticipated savings or any inconvenience or any other indirect incidental or consequential damage); 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 Automate GPS. 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 Automate GPS 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 Automate GPSs copyright, patent, trademark, or other proprietary rights notices affixed to or contained within the applications. Except as expressly authorized by Automate GPS 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. Automate GPS 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 Automate GPS, 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

Automate TECHNOLOGY 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, AUTOMATE INNOVATION PRIVATE LIMITED  may be required under applicable law to give you advance notice, and AUTOMATE INNOVATION PRIVATE LIMITED  will comply with such requirements.

NOTICE

Automate GPS may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Notice to Automate GPS must be sent by courier or registered mail to AUTOMATE INNOVATION PRIVATE LIMITED, NO 180, Pramod Layout, Bangalore - 560039.

WAIVER

The failure of Automate GPS 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 Automate GPS.

ORDER/SUBSCRIPTION CANCELLATION & REFUND POLICY

Customer should follow cancellation & refund policy as per the e-commerce site if the device purchased from the Amazon or Flipkart or India Mart or any if further addition. 

ORDER:

The device purchased from Automate website or from the Automate representative, (i) if the order cancelled before dispatching the product, then 100% refund will be made. (ii) if the order cancelled after the dispatching the product within 7days from purchase 75% refund will be allowed. (iii) If the order cancelled after usage before 1month 50% refund allowed. (iv) No refund allowed after 1month of purchasing the device. Refund will be processed once after receiving the product from the customer and after verifying by our representative. 

SERVICE DISCONNECTION & SUBSCRIPTION REFUND POLICY:

1. We highly recommend our subscribers to renew the application service subscription well before the expiry date for uninterrupted services.  Subscribers fail to renew the subscription then AUTOMATE GPS application & SIM services will be disconnected permanently without any prior notice. 
2. 100% subscription refund allowed if cancellation request received before the subscription start date. 
3. (ii) Subscription cancellation not allowed after the start, mid & during the subscription period. 

COMMUNICATIONS

Automate regularly sends communication through Voice, SMS, E-Mail or any other communication platform in order to send regular updates on our services, OTP or any promotional content from the our communication channel partners. 

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 Automate GPS by sending a message to the devices. 

ARBITRATION

Automate GPS 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 Bangalore, 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 Bangalore, India, necessary to protect the rights or the property of you or Automate GPS (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 Automate GPS must be resolved by a court located in Bangalore, Karnataka, India. You agree to submit to the personal jurisdiction of the courts located within Bangalore, Karnataka, India, 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 Automate GPS relating to the subject matter hereof and will not be modified except in writing, by a change to this Agreement made by Automate GPS in accordance with the terms of this Agreement.