In this Agreement, “we,” “us,” “our,” or “Axestrack” refer to Axestrack Software Solutions Private Limited and its affiliates, including without limitation its officers, directors, shareholders, representatives and related entities. “You,” “your,” “customer,” or “user” refers to an account holder or user of record with us.

Please read these terms of use carefully before you start to use the site and TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

The information on Services we provide or refer you to during the sales transaction; the terms in the rate plan describing your plan and Services; and pertinent provisions on our website or in our product packaging. Our Services are subject to our business policies, practices and procedures (“Policies”) including, but not limited to, our Privacy Policy available on our website. You agree to all of our Policies when you use our Services. Our Policies are subject to change at any time with or without notice.

When Your Agreement Begins
This Agreement becomes effective when you do any of the following:

You accept the Agreement through an oral or electronic statement,

You attempt to or in any way use a Service

You pay for a Service, or

You open any package or start any program that says you are accepting the Agreement by doing so.

If you do not want the Agreement to begin, do not do any of these things.

Our Rights
We reserve the right to: Modify or withdraw, temporarily or permanently, this Agreement (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Agreement; and/or Change the Conditions from time to time, and your continued use of the device (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the device. Certain provisions of these Agreement may be superseded by expressly designated legal notices or terms located on particular pages of this Agreement.

Term Commitments Your Service will continue year-to-year unless you provide notice (“Discontinuation Notice”) to us of your request to discontinue Service in accordance with this Section.

5.1  In order for a Discontinuation Notice to be effective, the account with respect to which a Discontinuation Notice is given must be current on all payments. Discontinuation Notice will not be effective, and the subject account will remain open, unless and until all amounts owing on the subject account are paid through and including the last day of the calendar month in which Discontinuation Notice is given.

Discontinuation Notice must include the following information:

Account holder’s name

Account holder’s registered email id

Account holder’s registered mobile phone number

5.2 Discontinuation Notice may be providing as follows:

Verbally by calling Customer Service Department,

Written and delivered via regular mail to the address set forth herein for notices, (Axestrack Software Solutions Private Limited, 528, 5th floor, Jaipur Electronic Market, Near Riddhi Siddhi circle, Gopalpura Bypass Rd, Arjun Nagar, Jaipur, Rajasthan, India). Or

Email GENERATED FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT and addressed to sales@axestrack.com.

5.3 Upon our confirmation of a valid Discontinuation Notice, the termination will be effective and your Services will cease on the last day of the month in which the Discontinuation Notice is effective in accordance with this Section.

5.4 Our Right To Interrupt Or Terminate Your Service
We may interrupt or terminate a Service without notice:
for any conduct that we believe violates this Agreement,

if you exceed an Account Usage Limit (“AUL”),

if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives,

if we discover that you are underage,

if you fail to make all required payments when due,

if we have reasonable cause to believe that your Device is being used for an unlawful purpose or in a way that:
is harmful to, interferes with, or may adversely affect our provision of the Service,

interferes with the use or enjoyment of Services received by others,

infringes intellectual property rights,

results in the publication of threatening or offensive material, or

constitutes a security risk or a violation of privacy

if you provided inaccurate credit information,

if we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit,

if you modify a Device from its manufacturer specifications or alter it in any way that mechanically is not intended by this Agreement, such as unauthorized removal of the SIM card,

if we believe the action protects our interests or any customer’s interests.

5.5 Your Right To Terminate A Service
You can terminate a Service at any time in the manner described above in “Term Commitments.” You are responsible for all charges billed or incurred prior to the end of the calendar month in which a valid Discontinuation Notice occurs. If a Service is terminated before the end of a calendar month, we will not prorate charges to the date of termination, and you will not receive a credit or refund for any unused Service.

Our Right To Change The Agreement And Your Associated Rights
We may change any terms, conditions, rates, fees, expenses, charges or method of calculating charges regarding a Service at any time. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates or administrative charges) either in your monthly bill or separately. If we increase the price of any of the Services to which you subscribe, beyond the limits set forth in your Agreement, we will disclose the change at least one billing cycle in advance (either through a notice with your bill, through an e-mail to the e-mail address that you have identified to us at the time of purchase, as amended by you from time to time, or otherwise).

Your Device Number
Your Device is designed exclusively for use on our network and in other coverage areas that we make available to you. Except for any legal right you may have to port/transfer your Number to another carrier, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your Device Number.

Warranty

Subject to the exclusions contained below, Axestrack software solutions warrants its Devices and accessories (“Products”) to be free from defects in materials and workmanship under normal consumer usage for the term of coverage outlined below. This limited warranty is a consumer’s exclusive remedy, and applies as follows only to new devices and/or new accessories purchased. You acknowledge and agree that no warranty of any nature is provided with respect to the Services.

8.1 

Term. 

Subject to the terms, conditions and limitations set forth herein and throughout this Agreement, the Products shall be covered under this warranty for a period of three hundred sixty-five (365) days from the date of your purchase regardless of when the products are actually received by you.

8.2

Exclusions. 

The following are excluded from coverage under this warranty:

Normal Wear and Tear – Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage,

Batteries – Only batteries whose fully charged capacity falls below 80% of their rated capacity and batteries that leak are covered by this limited warranty,

Abuse and Misuse – Defects or damage that result from:
Improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse,

Contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food,

Use of the device or accessories for commercial purposes or subjecting the device or accessory to abnormal usage or conditions, or Other acts which are not the fault of Axestrack software solutions, are excluded from coverage

Unauthorized Service or Modification – Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than Axestrack, or its authorized service centres, are excluded from coverage,

Altered Products – Devices or accessories with:
Serial numbers or date tags that have been removed, altered or obliterated,

Broken seals or that show evidence of tampering,

Mismatched board serial numbers,

or Nonconforming or non- Axestrack software solutions housings, antennas, or parts, are excluded from coverage,

Communication Services – Defects, damages, or the failure of products and Services due to any communication service or signal you may subscribe to or use with the products and Services is excluded from coverage,

Discontinued or Interrupted Service – Any Warranty is void and ceases to be effective upon the termination, discontinuation or interruption of your Service by you or by us in accordance with is Agreement.

Transferability – This warranty extends only to the first consumer purchaser and is not transferable.

8.3

How to obtain warranty service.

To obtain warranty service, please contact Axestrack at the address or customer service telephone number found on our website (www.axestrack.com).

Limited Products Warranty.
THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE PURCHASER AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED. IN NO EVENT SHALL Axestrack BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE RELEVANT PRODUCTS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER.

Coverage: Where Your Device Will Work; Technical Limitations
Axestrack does not guarantee wireless network availability. Services may be subject to certain Device and compatibility limitations, including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.

Actual network speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints. In addition, Services that rely on location information, such as GPS and Cell ID, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within our control including weather, topographical changes, the presence of obstructions such as tall buildings, the functionality of various satellites, cell towers, clouds, and other factors. In addition, some areas, such as schools, are equipped with cell phone inhibitors that interfere with all phone communications. The Device will not work, and Services will not work, under such circumstances.

The Company might at its discretion utilize Cell ID in certain circumstances. You understand that Cell ID is subject to technical limitations and is generally not as accurate as GPS. Moreover, Cell ID depends on the availability of cell tower communications which might be weak or non-existent in certain areas.

You understand and agree to such technical limitations and expressly agree to indemnify and hold us harmless from any and all injuries that result from the Device or Services not working, malfunctioning, or failing except as specifically provided herein.

Account and service charges; pro-rating; unused minutes
You are responsible for all charges associated with your account and the Services on your account, no matter who uses the Services or whether the Services were used. Charges include, but are not limited to, the monthly recurring charges, usage charges (including without limitation text and voice), taxes, surcharges and fees associated with your Services. These charges are described or referred to during the sales transaction, in our marketing materials, in the Service Contract and in confirmation materials we may send to you.

Upon your initiation of service, you will be billed for the first month, or portion of a month, of Service. Thereafter, you will be billed for complete months until the last day of the month in which your Agreement is terminated. With the exception of the month in which you initiate service, we WILL NOT PRORATE your Service for any future month.

Disputing charges – you must still pay undisputed charges
Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing us as directed on your invoice or elsewhere. You accept all charges not properly disputed within the above time period – undisputed charges must still be paid as stated on your bill

International Usage – Your Device is set to operate domestically and will not operate internationally.

You agree to the terms of our Privacy Policy, available at our website, when you use our Services. This policy may change from time to time, so you should review this policy with regularity and care. Among other things, the policy includes important matter concerning what information we collect about you, how we use that information, and with whom we share that information (for example, to provide you certain Services, to protect our rights and interests, to respond to legal process, to facilitate a merger, etc.). Also, to ensure the quality of our Services and for other lawful purposes, we may also monitor or record calls between us (for example, your conversations with our customer service or sales departments). If you do not agree with the terms of our Privacy Policy, do not purchase or use our Services. You (the accoun tholder) are responsible for notifying the actual user of your Device that his or her location may be tracked or discovered. For additional information on location-sensitive services, see our Privacy Policy at our website.

This Service allows the individuals designated by you to see where the user of the Device is using the Device’s real-time geographic location information that we collect from your Device. We will not disclose this location information to third-party users without your consent. You control when such location information is shared with your designated users. In the “Authorized Users” settings provided through the Services, you can select contacts you wish to see such location information. You can select whether to enable these settings all the time, or only under certain circumstances. Please review our Privacy Policy for more information about the use of your location and related information.

If your device is lost or stolen
Call us immediately on the help number if your Device is lost or stolen because you may be responsible for usage charges incurred before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.).

Compliance with law
The Devices and Services are intended to be used in a lawful manner. You are responsible for using your Device and the Services in a manner that complies with applicable local, state, regional, or international laws. Certain jurisdictions have laws regarding the use of monitoring devices. You agree to indemnify and hold Axestrack harmless from your unlawful use of a Device or Service.

Assignment
Axestrack may assign the rights to this contract to third parties at our sole discretion without input or consent from you.

Reliance on information posted and disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from the use of this site.

We are regulated by the Registrar Of Company, Government of India and authorized and regulated by the Registrar Of Company, Government of India.

Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

Our site changes regularly
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without limited 1 year guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute,

IN NO EVENT SHALL WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Information about you and your visit to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

24.1 You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

24.2 You must not transmit or enable another person to transmit via the site any virus or other information or material or otherwise use the site in a way which:
Tampers with, hinders the operation of or makes unauthorized modifications to the site,

Inhibits any other user from using the site,

Defames, harasses, threatens, menaces or offends any person, or

Contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Indemnity
You agree to defend, indemnify and hold harmless the Company, its officers directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.

Disclaimer
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED, AS IS, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER AXESTRACK NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER AXESTRACK NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Jurisdiction and applicable law

The Jaipur courts will have non-exclusive jurisdiction over any claim arising from or related to, a visit to our site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India

Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns
If you have any concerns about material that appears on our site, please email to sales@axestrack.com.