User Terms and Conditions (TOU)
YOUR ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS AND CONDITIONS (“TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“END USER, YOUR OR YOU”) AND COMPANY(defined hereinafter ). THE TERMS GOVERNS YOUR USE OF THE MOBILE BASED APPLICATION DEVICE (DEVICE APPLICATION). THIS DOCUMENT IS AN ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
“AFFILIATES” AS USED HEREIN MEANS, WITH RESPECT TO COMPANY, AN ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH COMPANY.
“CONTROL” FOR THE PURPOSES OF THIS DEFINITION, MEANS DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF MORE THAN 50% OF THE VOTING INTEREST OF AN ENTITY.
“Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations thereof, combinations of thereof, interactive features and other materials You may view on, access through the Device Application. This includes message boards, chat, and other original content.
“Materials” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio visual combinations, interactive features and other materials and content that You may contribute in any manner to the Device Application. This includes Your contributions to the message boards and chat.
GIVEN THAT THE COMPANY PROVIDES WITH AN DEVICE APPLICATION, ANY INFORMATION, MATERIALS AND CONTENT CONTRIBUTED TO THE DEVICE APPLICATION IS FOR PUBLIC CONSUMPTION AND DEEMED NON CONFIDENTIAL. WE ENCOURAGE YOU TO EXERCISE CAUTION AND NOT SHARE AND/OR CONTRIBUTE SUCH INFORMATION, CONTENT AND MATERIALS THAT ARE PRIVATE AND/OR CONFIDENTIAL IN NATURE.
THE DEVICE APPLICATION IS DOWNLOADED AND INSTALLED BY YOU FROM A THIRD-PARTY APPLICATION STORE;
PLEASE CAREFULLY READ THESE TERMS BEFORE DOWNLOADING, REGISTERING OR SUBSCRIBING TO, ACCESSING OR USING THE DEVICE APPLICATION.
THESE TERMS APPLY TO ALL USERS OF THE DEVICE APPLICATION, INCLUDING USERS WHO VIEW AND ACCESS THE ‘’CONTENT’’ AND ALSO USERS WHO ARE CONTRIBUTORS OF THE “MATERIALS”.
You affirm that You are over 18 years of age, and are competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
You may use the Device Application and the Content only in India, where We offer Our service. We make no representation that Content and/or Materials on the Device Application are appropriate or available for use in locations outside India or Device Application complies with any country's privacy laws. Accessing the Mobile Application Platform or Materials from territories where the Content is deemed illegal or prohibited, i f y ou still choose to access the Device Application, you do so on Your own risk and liability and further are solely responsible for compliance with such applicable local laws at your own cost and expenses. However, the Company shall in no manner whatsoever shall be responsible for any liability or damages which ay accru with respect to such access or usages.
You agree and acknowledge that:
You will need to make Your own independent judgment regarding Your (i) direct interaction with any third-party landing pages/ websites/ applications where Company redirects y ou; or (ii) Your participation in promotions or interaction with Third Party Content on the Application. You are responsible for providing, at Your own costs and expense, all equipment/s and resources necessary to use the Device Application and services, including a computer, software, modem, and internet access (including payment of all fees associated with such access). Mobile internet transmissions are never completely private or secure and the transmission of Content, Materials and Your use of the Device Application may be affected, interrupted or disrupted for reasons beyond Company’s reasonable control.
REGISTRATION DATA AND PRIVACY
In order to access certain services or features on the Device Application, You are required to use an account and password. You will not use another user's account without their prior written permission. You may obtain an account and password, only by completing o ur online registration form. The online registration form requests certain information and data (including without limitation phone number, email ID, name, age, gender, etc.) ("Registration Data"). You are required to maintain and update Your Registration Data on your own. By registering, You agree and acknowledge that all information provided in the Registration Data is true , accurate and correct and that You will maintain and update this information as and when required, keeping it current, complete, and accurate. In the event wherein the information disclosed by You is identified as inaccurate/false/incorrect/wrong, We have all the rights to delete Your account and block all activities carried on the Device Application at your own cost and expenses. Further We do not have/share any liability in the event of any financial loss or any form of damages due to the inaccurate information provided by the user of the Device Application. Further, the user or other authorized users may not be able to access the all areas of the Device Application due to the inaccurate information provided by the user of the Device Application. You shall not interfere with any other user who is using and enjoying the services of the Device Application or any associated services or features. Users who violate systems or network security may incur criminal or civil liability in accordance with the law of the land.
DEVICE USAGE & DAMAGES
Except as expressly set out in these Terms, You agree:
∙ To attach and install the Company device appropriately in the manner specified in User Manual to attain the relevant data.
∙ Not to disassemble components/device and misuse the device for anything other than the uses defined in this clause (how Wheel Intel, Spinny, Spinny Connect, Quixote and Scouto intends).
∙ Not use the sim card provided within the device for any other purposes other than serving the intended purpose of Wheel Intel, Spinny Connect and Scouto , .
LICENSE AND CONTENT RESTRICTIONS
Except as expressly set out in these Terms, You agree:
∙ not to copy the Device Application (including its specific design, user interface) except where such copying is incidental to normal use of Device Application , or where it is necessary for the purpose of back-up or operational security;
∙ not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Device Application ; ∙ not to make alterations to, or modifications of, the whole or any part of Device Application , or permit the Device Application or any part of it to be combined with, or become incorporated in, any other programs including any root software;
∙ not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Device Application & Connected Car Device or attempt to do any such thing except to the extent permitted by company and applicable law solely because it is essential for the purpose of achieving inter-operability of Device Application with another software program, and provided that the information obtained by You during such activities:
.to used only for the purpose of achieving inter-operability of Device Application with another software program;
.not to disclosed or communicated without Our prior written consent to any third party;
. not to used to create any software that is substantially similar to the Device Application. ∙
.not to provide or otherwise make available the Device Application in whole or in part (including object and source code), in any form to any person without prior written consent from us;
For example, by hacking into or inserting malicious code, including viruses, or harmful data, into Device Application or any operating system and shall at all times remain compliant with laws applicable to Your use of Device Application;
.not to infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of Device Application or any service associated (to the extent that such use is not licensed by these Terms);
∙ not use the Device Application or Device or both in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
∙ not collect or harvest any information or data obtained from any Mobile Application Platform or Our systems or attempt to decipher any transmissions to or from the servers running any service for the Device Application including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.
CONTENT USE RESTRICTIONS:
The Content provided to y ou should be used ‘AS IS’. You may access Content for Your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You may not:
∙ use Content in an obscene, pornographic, defamatory, disparaging, infringing or other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;
∙ Unless expressly permitted pursuant to Device Application, use the Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose; ∙
.share, re-distribute, reproduce, download, sub-license, publish, copy, create derivative works, offer for sale or use the Content and/or Ad-Content displayed on Device Application (unless You are specifically permitted to share or copy by way of a ‘Share’ or ‘Copy’ button); and/or ∙
.re-order, modify, edit obscure or truncate in anyway the Content or part of content, Ad-Content or Device Application.
You understand that while using the Device Application , You will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Company with respect thereto.
MATERIALS, CONDUCT AND RESPONSIBILITY
You shall be solely responsible for Your Materials and the consequences of submitting and publishing Your Materials on the Device Application . You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Materials that You submit; and You license to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Device Application pursuant to these Terms. You may have the right to remove Your Materials so provided from the Device Application at your own risk and expenses. It is specifically understood that, you shall have sole responsibility and liability for, and shall not hold Company or it's officers, employees, contractors, servants, agents and invitees, harm less from any and all losses or damages, fines and/or penalties of any kind, which results from or allegedly results from your failure to manage and protect the device and/or Device Application.
In no event, Company shall be held liable for (a) willful acts, omissions, errors, misrepresentations, mis-conduct, gross negligence by the person operating the device and/or Device Application in performance of its obligations under this Agreement; (b) Loss, misappropriations, misuse or damage to the device and/or Device Application ;(c) any alteration, modification, improper use, tempering, destruction or theft of the device and/or Device application.