Last Updated 12th August 2018
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE ZOIMATE DEVICE OR ZOIMATE SOFTWARE OR PURCHASING ZOIMATE DEVICE FROM ZOIMATE WEBSITE (www.zoimate.in) OR ANY AUTHORIZED DISTRIBUTOR OF ZOIMATE.
Your use of Zoimate Device and/or Zoimate Software indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Zoimate grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Zoimate Software in accordance with this Agreement and any other written agreement with Zoimate. Zoimate does not transfer the title of Zoimate Software to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Zoimate and the purchasers or users of Zoimate Software.
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this Agreement and you have the authority to bind that business entity to this Agreement.
If you do not agree to be bound by this agreement, remove Zoimate Device from your vehicle and Zoimate Software from your device.
Zoimate Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. Zoimate Device provided to you shall not be shared, distributed, re-sold, offered for re-sale or transferred.
- USER AGREEMENT
3.1 Use : Your license to use Zoimate Software is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Zoimate Software.
3.2 Use Restrictions : You shall use Zoimate Device and Zoimate Software in compliance with all applicable laws and not for any unlawful purpose.
3.3 Copyright Restriction : Zoimate Device and Zoimate Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Zoimate Device or Zoimate Software. Nor can you create any derivative works or other works that are based upon or derived from Zoimate Device or Zoimate Software in whole or in part. Zoimate and its Affiliates retain sole and exclusive ownership of all right, title and interest in and to Zoimate Device and Zoimate Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Zoimate, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Zoimate.
3.4 Limitation of Responsibility : You will indemnify, hold harmless, and defend Zoimate, its employees, directors, agents and distributors against any and all claims, liabilities, proceedings, demand and costs resulting from or in any way connected with your use of Zoimate Device or Zoimate Software. In no event (including, without limitation, in the event of negligence) will Zoimate, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Zoimate Device or the use or inability to use Zoimate Device or Zoimate Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Your remedy for dissatisfaction with the Zoimate Device and Zoimate Software, is to stop using Zoimate Device and the Zoimate Software.
Notwithstanding any other provision in this contract, the total liability of Zoimate for any claim, loss or damage, whether in contract, tort (including gross negligence), or otherwise, arising out of, connected with, or resulting from the manufacture, sale, license, delivery, repair, replacement or use of any Zoimate Device or Zoimate Software shall not exceed 100% of the price received by Zoimate from you for the specific units of Zoimate Device or Zoimate Software for which the liability arose.
3.5 Warranties :
In case Zoimate has agreed to a replacement warranty for the Zoimate Device for a certain warranty period as per any signed and written Contract with you, then the replacement warranty shall be subject to the terms and conditions set forth below: (a) Replacement Warranty shall be applicable in case the Zoimate Device does not materially confirm to the specifications of Zoimate Device (as per the specifications prevailing at the time of sale of Zoimate Device to you), during the Warranty Period. (b) Zoimate shall not be liable for defects caused by normal wear and tear, willful damage, negligence, improper usage, failure to follow the Zoimate use instructions, incorrect usage without our approval, modification or repair; (c) Zoimate shall not be liable for certain limitations in the functionality of Zoimate Device in case the Zoimate Device is plugged into a Car Make and Model that is incompatible with the Zoimate Device. (d) Zoimate shall not be liable for defects in the Zoimate Device resulting from modifications or changes in specifications if the aforementioned modifications or changes were requested by you; (e) The warranty does not extend to parts, accessories, materials or equipment that was not provided by Zoimate; (f) Shipping or courier charges for replacing the Zoimate Device: On one way each party shall pay for the shipping or courier charges.
Even though we make our best efforts to ensure that the Data shown on the Zoimate software is accurate and relevant, we do not guarantee the accuracy, correctness and/or relevancy of the Data.
Except as expressly stated in writing, Zoimate makes no representation or warranties in respect of Zoimate Device and Zoimate Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law : This Agreement shall be subject to and be governed by the laws of India. Any and all disputes or differences between the Parties hereto arising out of or in connection with this Agreement or Zoimate shall be submitted to final and binding arbitration at the request of either of the Parties upon written notice to that effect to the other. Such arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 and shall be held in Jodhpur, India. All proceedings of such arbitration shall be in the English language. The arbitration panel shall consist of the sole arbitrator appointed by the Company. Nothing herein shall preclude either Party from seeking interim or permanent equitable or injunctive relief, or both, from the courts in Jodhpur, India. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy for monetary damages through the arbitration described in this Section. Subject to the preceding Para, the courts at Jodhpur, India shall have exclusive jurisdiction in all disputes and differences between the Parties. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination : Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Zoimate Device and Zoimate Software and destroy all copies of Zoimate Software supplied under this Agreement.
- DISCLAIMER OF WARRANTY
ZOIMATE DEVICE AND ZOIMATE SOFTWARE ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES AND DATA GENERATED AND EDITED BY ZOIMATE DEVICE AND ZOIMATE SOFTWARE AS WELL.
- CONSENT OF USE OF DATA
We may at any time modify the terms of this Agreement without any prior notification to you. In the event of any such modification of the Agreement, the link to the latest version of the Agreement shall be available in the Zoimate Software and shall become effective from the time of posting. You must regularly review this Agreement and in the event the modified or amended terms and conditions of the Agreement are not acceptable to you, you should discontinue use of Zoimate Device and Zoimate Software. Your continued use of the Zoimate Device and Zoimate Software will constitute your acceptance of the latest revised Agreement.
Additionally, Zoimate reserves the right to withdraw, without prior notice to you, access to the Zoimate Software thereof and to change, modify, revise the Zoimate Software at any time. Zoimate retains the right to revise and modify the pricing policy at any time without any prior notice to you.