BY USING THE SERVICE OR CLICKING “AGREE”, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON YOUR EMPLOYER’S BEHALF.
This Agreement is between Cybernetics (“Netra360”) and the user of the Netra360 GPS Tracking Service (Customer). Netra360 GPS Tracker provide vehicle location and tracking from the Internet (SIM Card) via the Cybernetics server and associated software (Cybernetics”). The Services include a secure logon for accessing and tracking vehicles equipped with a tracking device of Cybernetics (“Netra360”) designed to send GPS positions and event notifications (Locates) to Cybernetics.
Unlawful Use
– Customer agrees not to use the services or devices for any unlawful or abusive purpose or in any way that interferes with Cybernetics or the Devices. Customer will comply with all laws while using the services or devices and will not transmit any communication that would violate any rule, local law, court or regulation. Resale of the services or devices is prohibited except by authorized dealers. By using the services and/or the devices, Customer agrees to abide by the terms and conditions of any software license agreements applicable to any software associated with the services or devices.
Unauthorized Usage
– Customer may not program or alter any of the devices other than the normal programmable parameters of the device. If any device is stolen or services used fraudulently, customer must notify Cybernetics immediately and provide Cybernetics with such information and documentation as Cybernetics may request (including, without limitation, police reports, and affidavits). Cybernetics has the right to interrupt services or restrict service to any device, without notice to the customer, if customer is using the device in a fraudulent or unlawful manner.
Installation
– Selling dealer is responsible for the proper installation and operation of the Device as per installation instructions provided by Cybernetics (Netra360 GPS Tracker).
Account Information
– It is Customers responsibility to maintain current and accurate account information on the Netra360 GPS Tracking system and to exercise diligence in protecting logon and passwords.
Changes
– Cybernetics may amend the terms of this Agreement upon written notice to customer. If customer does not agree to the amendment, Customer may terminate this Agreement by providing written notice to Cybernetics within fifteen (15) days of the date the notice was mailed by Cybernetics via certified mail. If customer does not agree with the amendment but wants to continue services, Cybernetics will continue to provide services for the term of the original Agreement provided Customer mails written notice to Cybernetics within fifteen (15) days of the date the amendment was mailed by Cybernetics. If Customer continues to use the Services more than fifteen (15) days after Cybernetics mails notice of an amendment, Customer will be deemed to have agreed to that amendment.
Some changes are in company’s favour,In case of third party services will change them service terms.
Like Telecom department for Simcard service , Web hosting provider for web service.
Limitation of Liability
– Cybernetics 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 Cybernetics. Cybernetics 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, and devices or any other equipment used in connection with the devices; (iv) installation or repair of the devices; or (v) for any act associated with the proper exercise by Cybernetics of rights under the privacy and/or unauthorized usage provisions of this Agreement.
Indemnification
– Customer agrees to defend, indemnify, and hold Cybernetics 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. Customer agrees to pay reasonable lawyer’s fees and all applicable costs incurred by Cybernetics 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 Cybernetics nor Customer may bring legal action with respect to this Agreement more than one year after the legal action accrues.
Warranties
– Cybernetics 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. Cybernetics does not authorize anyone to make any warranties on its behalf and customer should not rely on any such statement. And If there is any warranty available on Product so that must be eligible in criteria of warranty for applicable.
Assignment
– Cybernetics may assign all or part of the rights or duties of Cybernetics 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, Cybernetics 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 Cybernetics, which shall not be reasonably withheld.
Governing Law
-This Agreement is subject to applicable National laws and the laws of the State of Gujarat.
Entire Agreement
– This is the entire Agreement between Cybernetics 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.
Please Note: You are entering into a legally binding agreement.
If you have any query related Agreement feel free to contact Cybernetics team.
