Terms of Service

 

TERMS OF SERVICE

 

This terms of service (“Terms”) governs access to and use of the Telematics website, products, software and service (collectively, the “Service”) whether free or provided on a subscription basis. For purposes of this Agreement “Telematics” refers to Telematics Tech Pvt. Ltd and “Client” shall mean either an individual or the business, government entity, or entities.

 

The Agreement between Client And Telematics

By registering or using the Service and accepting this Terms, Client agrees to accept this Terms on behalf Team members that are linked to their Account, and that Client is solely responsible and liable for any non-compliance.

Telematics reserves the right to modify the Terms at any time without notice.

License         

The Service is licensed, not sold, to Client under these Terms. The Service received from Telematics such as the mobile application, Web Application that is installed on mobile device or accessed via web browser (“Software”), its use is governed in one of two ways: If Client is presented with license terms that Client must accept in order to use the Software, those terms apply; if no license is presented to Client, these Terms apply. Client’s license is automatically revoked if any of these Legal Term(s) is violated.

Software – Telematics hereby grants Client limited, non-exclusive, non-transferable, non-sub-licensable, revocable perpetual license to use the Software subject to these Terms.

Server – All features accessible to Client after successful Registration (“Server”) are licensed to Client under subscription license Plans. Telematics hereby grant Client limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Server subject to all Legal Terms.

Service Available “AS-IS”

Client understands that Telematics’s service is provided “AS IS”, at Client’s own risk. Telematics does not warrant that the service will be uninterrupted, timely, error-free. Client acknowledge and agree that Telematics is dependent on the performance of the third parties and therefore Telematics shall be only responsible for:

  1. performance of device provided by Telematics.
  2. performance of server hosted by Telematics.
  3. security of Client data stored by Telematics.
  4. the installation, operation, cost, or maintenance of any mobile devices or equipment required to utilize the Services.

Telematics shall not be responsible for:

  1. the quality, reliability, speed and/or availability of the Internet Services that Client needs to access Telematics’s service.
  2. the GPS signal quality, reliability and/or availability
  3. accuracy of the mileage, altitude, speed and other data calculated based on Client’s device GPS data
  4. any external legal issues or requirements that Client may come under when using the Service.

Account Security

Client is entirely responsible for maintaining the confidentiality of the password and account. Furthermore, Client is entirely responsible for any and all activities that occur under Client’s account. Client agrees to notify Telematics immediately of any unauthorized use of their account or any other breach of security. Telematics may suspend access to the account, or close the account, with or without notice according to these Terms if Client:

(A) provides any information that is false, inaccurate, out of date, or incomplete
(B) breach or violate any of these Legal Terms
(c) do not pay subscription fees or other sums due

Data Protection

Telematics needs to collect, process, store and use Client’s GPS data to the extent that is needed for enabling Client to use the Service. Client agrees to the collection, processing, storage of their GPS location data by Telematics. Telematics assures of the security and anonymity of the data. By using the Telematics service, Client agrees that their following personal information and GPS data might be transferred and processed:

  1. GPS Location
  2. Time
  3. Contact Address
  4. Email Address
  5. Contact Number

Client may revoke their consent regarding collection, processing, and storage of their location data by Telematics at any time. Client acknowledge that as a result Telematics might not be able to provide the Service anymore. The revocation will not impact due payment duties.

Acceptable Use Policy

Client is independently responsible for complying with all applicable laws in all of their actions related to their use of Service. Client agrees to use the Service:

(A) not violating any law, statute, ordinance or regulation considerately
(B) not excessively use Service so their usage will not disproportionately affect the quality, capacity, performance of Service delivered to others.
(C) violate the privacy of others, or to defame others
(D) not exploit the Service commercially for example: license, sub-license, sell, rent, resell, transfer, assign, distribute
(E) make Service available to any third party without the prior written consent of Telematics
(F) modify or make derivative works, reverse engineer or otherwise discover the source code of any software making up the service
(G) access the Service in order to build a competitive product or service

Indemnity

Client agrees to indemnify, defend and hold Telematics, and its subsidiaries, affiliates, officers, agents, co-branders, partners, contractors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of their Submissions, their use of the Service, including any use by their end-users, their violation of the Legal Terms, or their violation of any rights of another.

Term and Termination

Unless terminated by the Telematics, this agreement will remain in full force and effect while Client uses any of the Services. Client may terminate this agreement at any time by canceling their Account. Telematics can terminate this agreement at any time, particularly if Client violates any provision of this agreement.

Force Majeure

If the force majeure makes it impossible to provide the service or using the services stated in this contract, neither Party shall be liable to the other and not entitled to any kind of financial or other requirement.

Examples of force majeure are natural disasters, acts of terrorism, wars, universal strikes, technical failure of terminal equipment (computer, operating system) or the provider of telecommunications equipment (modem) provider, blackout etc. operational or technical failures and / or suspension of service (temporary and / or permanent) organizations, networks and systems that provide information in the service real track but are beyond the Company's control (eg networks, GSM, GPRS, GPS, etc.)

Miscellaneous Legal Terms

These Terms of Use, Privacy Policy and Payment Terms (“Legal Terms or Terms”) constitute the entire and exclusive agreement between Client and Telematics with respect to the Services. Telematics Tech Pvt. Ltd. (“Telematics“) is a Private limited company incorporated under Nepalese law, having its registered office at 3dr Floor, Tandukar House, Sankhamul- 34, Kathmandu. Telematics makes this Service available to Client. Services are rendered to Client under and in accordance with Nepalese law. Any dispute between Client and Telematics is governed in all respects by Nepalese law. Please note that these Terms of Service form only a part of Client’s contract with Telematics. Please ensure that you also review Privacy Policy carefully.

Terms of Service
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