Effective from 24 December 2023
This Agreement for tracking and associated services (“Agreement”) is made between GTMOBI Services Pvt. Ltd. and its affiliate (“gtmobi®”) and the user of the Tracking Service (Customer). The Tracking Services (“Services”) provide vehicle or person’s location and tracking from the Internet via the gtmobi® server and associated software. The Services include a secure login for accessing and tracking vehicles or person equipped with a tracking device (“Device”) or a phone application designed to send GPS positions and event notifications to gtmobi®.
Customer agrees not to use the services or devices or applications for any unlawful or abusive purpose or in any way that interferes with gtmobi® or the application or devices. Customer will comply with all laws while using the services or devices or application and will not transmit any communication that would violate any National, International, state, or local law, court, or regulation. Resale of the Services or devices or application is prohibited except by authorized sales partners. By using the Services and/or the Devices / application, Customer agrees to abide by the terms and conditions of any software license agreements applicable to any software associated with the services or devices or applications.
Customer may not reprogram or alter or reverse engineer any of the application or devices other than the normal user selectable parameters of the application or device. If any device is stolen or services used fraudulently, Customer must notify gtmobi® immediately and provide gtmobi® with such information and documentation as gtmobi® may request (including, without limitation, police reports, and affidavits). gtmobi® has the right to interrupt Services or restrict service to any device or application, without notice to the Customer, if Customer is using the device in a fraudulent or unlawful manner.
Sales partners are responsible for the proper installation and operation of vehicle or personal tracking devices, as per installation instructions provided by gtmobi® unless devices are directly installed by gtmobi®
It is Customers responsibility to maintain current and accurate account information on the gtmobi® system and to exercise diligence in protecting Customers login and passwords.
gtmobi® may amend the terms of this Agreement and update on this website. If Customer does not agree to the amendment, Customer is to email and inform gtmobi® within fifteen (15) days of noticing it. If Customer continues to use the Services after the amendment, Customer will be deemed to have agreed to that amendment.
Limitation of Liability
gtmobi® is not responsible for acts or omissions of any other service provider, for information provided through the equipment, for equipment failure or modification, for system failure or modification or for causes beyond the control of gtmobi®. gtmobi® is not liable for (i) service outages; (ii) incidental or consequential damages such as lost profits; (iii) economic loss or injuries to persons or property arising from the Customer’s use of the services, the devices, applications or any other equipment used in connection with the devices; (iv) the installation or repair of the devices; or (v) for any act associated with the proper exercise by gtmobi® of rights under the privacy and/or unauthorized usage provisions of this Agreement.
gtmobi® shall not be liable to the Customer for non-performance or delay in performance of any of its obligations under these Terms or loss or damage of any Products due to acts of God, war, riot, civil commotion, embargo, strikes, fire, theft, delay in delivery or services of sub-contractors or sub-suppliers, shortage of labour or materials, confiscation or any other unforeseen event (whether or not similar in nature to those specified) outside the reasonable control of gtmobi®.
Customer agrees to defend, indemnify, and hold gtmobi® and its affiliates harmless from claims or damages relating to (i) Customers breach of this Agreement or the Customers statements made in this Agreement and (ii) the use of the devices or services or applications. Customer agrees to pay reasonable attorney’s fees and all applicable costs incurred by gtmobi® in enforcing this Agreement. This paragraph shall survive the termination of this Agreement.
Limitation of Action
Except for actions arising in connection with Indemnification (above), neither gtmobi® nor Customer may bring legal action with respect to this Agreement more than six months year after the legal action accrues. gtmobi® liability is limited and warranties are excluded to the greatest extent permitted by law but shall in no event exceed the value of the fees paid to gtmobi® for last three month’s of the service.
If the customer fails to pay any amount under this Agreement on the due date gtmobi® may suspend its obligation to render the service without notice to the customer. All amounts payable for the remaining term of the agreement will become payable immediately.
gtmobi® makes no express warranties regarding the services and disclaims any and all implied warranties, including, without limitation, any warranties of merchantability or fitness for a particular purpose. gtmobi® does not authorize anyone to make any warranties on its behalf and Customer should not rely on any such statement.
The devices, if provided by gtmobi® normally a 12 month warranty, backed by the factory warranty, fair wear and tear excepted. However, in some cases it might have six month’s warranty or even up to two year’s warranty. Each device will have warranty against manufacturing defects specifically mentioned in the purchase document. Any maintenance and/or repairs shall be carried out at gtmobi® or its sales/service partners. In case the hardware is purchased by the customer directly from a factory, gtmobi® provides no warranty on such hardware.
gtmobi® may assign all or part of the rights or duties of gtmobi® under this Agreement without such assignment being considered a change to the Agreement and may provide notice to Customer. As a result of any such assignment, gtmobi® shall be released from all liability with respect to such rights or duties, or portions thereof. Customer may not assign this Agreement without prior written consent of gtmobi®, which shall not be reasonably withheld.
This Agreement is subject to applicable Indian laws and the laws of the State of Maharashtra and state of West Bengal, as applicable.
This is the entire Agreement between gtmobi® and Customer and super cedes any oral or written promises made to the Customer. This Agreement may only be amended as described herein. If the terms of this Agreement conflict with or are inconsistent with the terms of any purchase order or document provided by the Customer, the terms of this Agreement shall control. If any part of this Agreement is found unenforceable or invalid, the balance of this Agreement shall remain intact.