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TERMS AND CONDITIONS SPOTTR

 

Welcome to Spottr, a venture of Okulyst Technologies Pvt. Ltd, a Company registered under the Companies Act, 1956 having its registered office at S69, KP Villas, Gokuldham, Sarkhej-Sanand Road, Ahmedabd 382110, Gujarat, India. The Mobile, Application and Website together referred to as (“Spottr” “We” or “Us”). It provides the website, online service and mobile application (the “SPOTTR App”). This document explains the terms by which you may use our online and/or mobile services. By accessing or using the Service, you signify that you have read, understood and agree to be bound by these Terms and Conditions (hereinafter referred to as “Terms”) and to the collection and use of your information as set forth in the Spottr Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”). Our mission is to enable parents and guardians to provide a safer and better life for their children.

Spottr is involved with an endeavour to provide your loved ones with an environment of security and to keep a constant vigilance on their  location.

 

This service enables  track persons or pets  who’s /Parent/Legal Guardian intends to track location of any child or/and adult. Spottr deems that any subscription to this Application and its related services and/or hardware device(s) is with the prior consent and under constant supervision of parents/lawful guardians. In case of adults it is considered that they have explicitly given their prior consent to having their location tracked. Although, Spottr service  is specifically created, to track location of the Child. However due to potent and dynamic features this Application can be used to track persons of any age group. Child, for the purpose of this Application shall also include person of any age group tracked within the regime of the terms of this Application.

 This is a legally binding Agreement between You or User (the subscriber of the Application) and Spottr. If you do not accept or agree to the terms of this agreement, please do not download, install, copy, access or make any other use of the SOFTWARE. If you do not accept all the terms of this Agreement, Spottr shall, in no case, recognize any license of the SOFTWARE that you have downloaded, copied, stored, installed, accessed or used in any device on your property or contractual ownership.

 

 

A.    GENERAL REQUIRMENTS :

To be able to subscribe to the services you shall fulfil the conditions as mentioned below:

  1. You shall be a natural person with the legal capacity to subscribe to the Spottr App.
  2. You have not been at any time before, ousted by Spottr, to subscribe to its services.
  3. You are the lawful Parent / Guardian, who has attained the age of majority and are of sound mind and you intend to keep track of your Child.
  4. The Child who is to be tracked by the lawful Parent/Guardian shall be either under age OR the consensus of Adult has been taken duly.
  5. The Parent and the Child/Adult shall carry workable mobile devices, with the internet; network and which are compatible with the Spottr App. The device so carried by the Child refers to as Hardware Device and the device carried by the Parent/ Guardian shall refer to as Parent Mobile Device.

B.    PURCHASE ORDER & PRICES

  1. Any order submitted by you is subject to Okulysts’s An agreement between you and Okulyst will be concluded only upon Okulyst’s acceptance.
  2. All orders are subject to product availability
  3. Okulyst reserves the right to reject any order in part or full
  4. The applicable prices are stated on the site on the date order is placed. Okulyst reserves the right to change the prices any time but such change will not affect orders already made prior to the date of change. All prices are inclusive of local taxes as applicable
  5. You are solely responsible for any local taxes, sales & usage taxes, custom duties, if any, associated with your order
  6. Shipping and handling charges (if any) will apply in addition to the sale price indicated on the Site. Shipping and handling charges (if any) will vary depending on your delivery address and purchased hardware, software, or license. The shipping and handling charges applicable to your purchase order will be displayed via your shopping cart on the Site.
  1. DELIVERY & RISK OF LOSS
    1. Subject to product availability, packages are generally dispatched 3-7 days after WTS receives payment. Standard delivery times vary depending on your country.
    2. Your order will be delivered to the address specified by you as your delivery address, electronically or by automatic activation (applicable if you purchase a license). If your order consists of multiple products Okulyst reserves the right to deliver and/or activate each product separately.
    3. The risk for loss or damage to the hardware, software, and license will pass to you at the point when delivered to your stated delivery address or your possession.

 

  1. RETURN POLICY
    1. You are entitled to return hardware purchased via the Site for any reason at any time during fourteen (14) days following the date of receipt at your delivery address. Your right to return hardware purchased via the Site is conditioned upon that the hardware has not been used.
    2. f you elect to return hardware purchased via the Site in accordance with Section 5.1 above you must contact Okulyst within fourteen (14) days following the date of receipt at your delivery address via sales@okulyst.com to obtain a return number. The hardware must be returned in its original packaging and in a substantially unchanged condition to the address provided by Okulyst. You are responsible for paying the shipping costs associated with the return of the hardware. If the returned hardware is returned in a substantially unchanged condition Okulyst will refund you the sums paid for the applicable hardware. Okulyst will not refund you if the returned hardware is not returned in a substantially unchanged condition.

 

  1. LIMITED WARRANTY APPLICABLE TO HARDWARE SOLD BY WTS
    1. Okulyst offers a limited warranty that the hardware sold by Okulyst will be free from defects in material and workmanship when used normally and in accordance with WTS instructions. To the extent permitted by applicable law, the limited warranty offered by WTS is limited for a period of one (1) year from the date when the hardware was purchased. If the time limitation of one (1) year from the date when the hardware was purchased is in non-compliance with mandatory law, Okulyst offers a limited warranty in accordance. This Warranty does not apply to: (i) cosmetic damage including but not limited to scratches and broken plastic (ii) consumable parts, such as batteries or protective coatings, unless failure has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, liquid contact, fire, or other external cause; (iv) damage caused by use with another product; or (v) defects caused by normal wear and tear or otherwise due to the normal aging of the hardware. This limited warranty does not cover software or licenses.
    2. EXCEPT FOR THIS LIMITED WARRANTY WTS PROVIDES PRODUCTS “AS IS” AND OKULYST MAKES NO WARRANTY AS TO THE PRODUCTS, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY AND AVAILABILITY.
    3. If you wish to make a claim under the limited warranty you have to contact WTS viasales@okulyst,com within one year from when your hardware was purchased. The hardware must be returned to WTS as soon as possible following your notice to WTS to the address provided by WTS together with an explanation of the defect.

 

  1. USER CONSENT TERMS:
  2. You may use the Service of Spottr only if you can form a binding Agreement with Spottr, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under 18 is strictly prohibited from creating an account for the Service. In addition, anyone under 18 may only accept invitations from parents / legal guardians to join their account.

 

  1. OUR SERVICES:
  2. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service.
  3. Spottr reserves all rights not expressly granted herein in the Service and the Spottr Content (as defined below). Spottr reserves the right to terminate this license at any time for any reason or otherwise.

 

 

  1. CONDITIONS FOR REGISTRATION WITH SPOTTR:

The USER must provide real names and registration information, allowing Spottr to register and maintain the security of your account. For this, the USER acknowledges and agrees that:

  1. Unless otherwise stated, the services featured on this Spottr App are only available within India, or in relation to postings from India. All advertising is intended solely for the Indian market. You are solely responsible for evaluating the program for a particular purpose of any downloads and text available through this Application. Redistribution or republication of any part of this Application or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Spottr.
  2. Those who avail the services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable India and local laws. You may not use the Service if you are a resident of a country embargoed by India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.
  3. He/ She shall not provide any false data in their registration or communication with Spottr and also shall not create an account for third parties without legally recognized permission or authorization by the third party.
  4. Anyone under [Specify the age] is strictly prohibited from creating an account for the Service. In addition, anyone under [Specify the age] may only accept invitations from parents / legal guardians to join their account. The Service is not available to any Users previously removed from the Service by Spottr.
  5. Spottr shall use the email address provided by you to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers.
  6. Unsubscribe Promotional Messages:

 

  1. USER CARE AND CAUTION:
  2. All information so provided by the Parent/Guardian at the time of subscription/ installation of the Spottr App and Hardware Device shall be considered true in all basis. Spottr, condemns any responsibility of whatsoever nature, if the information so provided are incorrect.
  3. Don’t misuse our Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
  4. Spottr do not guarantee that any lost, child or adults will be found and Spottr will not provide any services or assistance whatsoever in respect of locating lost child/or adults
  5. Spottr recommends you to, not to share your password, or allow a third party to access your account or anything else that endangers the security of your account.
  6. You are requested to inform Spottr immediately in case the Parent and/or Hardware Device/s is/are lost or there is a change in the mobile number from which you are operating the Spottr App.
  7. Spottr shall hold no responsibility at any point in time if any misfortune happens to the Child at any time between the Parent Device is lost and Spottr deactivates the services, after being duly informed by the Parent.
  8. Spottr allows registration of one account only, with a specific mobile number.
  9. Spottr encourages you to use “strong passwords”.
  10. Spottr Application is created with an object to protect your Child. However, it is strictly recommended that you take all reasonable care/ measures to protect your Child. Spottr disclaims all or any such liabilities if something happens to the Child at any point of time after subscribing to the Spottr services.
  11. Spottr App shall only track the Child in who’s custody the GPS Hardware is placed. Spottr strongly suggest that for accurate results the Hardware Device shall be placed with one child per head.
  12. Spottr disclaims any or all responsibility if the Parent/ Guardian tend to configure the Parent Mobile device with the wrong Hardware Device. The Parent/ Guardian shall at the time of handling the device take all care and caution to handle the device.
  13. Spottr allows users to add certain trusted contact number in a circle that can track the child at all times. Direct Messages and other submissions will only be viewable by those Spottr user(s) or group(s) you directly send such information; but contact information may be viewed of all members those added in such circle, we have no other method of providing different levels of visibility of your contact information. You acknowledge and agree that your contact information may be view by members in the circle added by you irrespective of the fact whether they have your mobile phone number/s or not.
  14. Spottr is devised for any age group. However, Spottr strictly suggest that if the Parent/ Guardian are tracking any adult , it shall be strictly with the permission, consent and knowledge of the same. Spottr holds no responsibility of any kind if an adult child is unaware of the same. For any such act the Parent/ Guardian shall hold absolute liability.
  15. The Service Provider shall not be responsible for stalled Spottr services caused due to Force Majure.
  16. Spottr at no point in time shall, either by means of SMS/email/ on call or by any other means of communication request you for your Bank account details/ passwords or any other such information. The scope of the information required by Spottr shall only restrict to information such as [Mobile Number, name &
    We disclaim all liabilities in case any information of this kind is acquired and misused by any party who has acquired such information, acting as our representatives.
  17. The User shall indemnify Spottr against any responsibility resulting from claims of third parties relating to infringement of their personal rights by the User utilizing the Product or to infringement of intellectual property rights connected with the content and software which is not made available by Spottr.
  18. As contemplated by this Agreement, the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
  19. Third party product/Links and service offerings made available for purchase by you on the Application are made and offered directly by the applicable third party service provider or advertiser. When you purchase any such product or service offering through the Application, you acknowledge that you are contracting directly with the applicable third party service provider or advertiser and not with Spottr. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. Although we are interested in receiving feedback regarding our third party service providers and advertisers and their products and services, and may from time to time assist you in your dealings with such third party service providers and advertisers, Spottr is not responsible for the performance or non performance of any third party service provider or advertiser. You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears while using this Application. YOU AGREE THAT SPOTTR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE ON THE APPLICATION.
  20. The Use Of this Spottr App shall be at user’s sole risk and responsibility.
  21. LIMITATION OF LIABILITIES OF SPOTTR:
  22. Spottr is created with an object to protect your Child. For more efficient use of Spottr, use this Application along with the Spottr device. For further details related to the product contact the service provider [Specify the Url].
  23. However, it is strictly recommended that you take all reasonable care, measures to protect your Child. Spottr disclaims all or any such liabilities if something happens to the Child at any point of time after subscribing to the Spottr services.
  24. All information so provided by the Parent/Guardian at the time of subscription of the Spottr App and Hardware Device shall be considered true in all basis. Spottr condemns any responsibility of whatsoever nature, if the information so provided are incorrect.
  25. The Hardware Device shall show the location of the Child, other than in situations when the Child is not within the Network Coverage Area. In such case, the Last Seen Location of the Child can be spotted by the Parent on the Parent’s Mobile device. Once the Child, is within the s Coverage Area, Spottr shall update the current location.
  26. The Spottr Application shall contain certain portion of software’s being the sole property of the Third Party/ies such specifications shall be subjected to terms and condition of the Third Party.
  27. USER LIABILITY:

Spottr hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the mobile Application for one Spottr account owned or leased solely by you, for your personal use.

  1. You may not Modify, disassemble, decompile or reverse engineer the mobile Application, except to the extent that such restriction is expressly prohibited by law;
  2. Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party.
  3. Delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Spottr may from time to time issue upgraded versions of the mobile application, and may automatically electronically upgrade the version of the mobile Application that you are using on your mobile device.
  4. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
  5. Some third-party code that may be incorporated in the Mobile Application is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Spottr or its third party partners or suppliers retain all right, title, and interest in the Spottr App. (and any copy thereof).

 

 

  1. WARRANTY, DISCLIAMERS & LIMITATION OF LIABILITY:

    You shall be unequivocally be responsible for :

  1. Sharing any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;
  2. Coping, distributing, or disclosing, any part of the Service in any medium, including without limitation by any automated or non-automated “scraping.
  3. Using any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. To access the Service in a manner that sends more request messages to the Spottr servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
  4. Transmitting spam, chain letters, or other unsolicited email.
  5. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
  6. Uploading invalid data, viruses, worms, or other software agents through the Service.
  7. Collecting or harvesting any personally identifiable information, including account names, from the Service.
  8. Using the Service for any commercial solicitation purposes.
  9. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
  10. Interfering with the proper working of the Service.
  11. Accessing any content on the Service through any technology or means other than those provided or authorized by the Services.
  12. Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
  13. Sharing any content or information which seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details.
  14. Causing any damage of whatsoever to any person or property.
  15. May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal.

 

  1. USER CONTENT:,

 

  1. DEACTIVATING ACCOUNT :
  2. The contract for rendering Services within the Product shall be concluded for an indefinite period.
  3. The User may terminate the Services rendered within the Product at any time.
  4. In order to terminate using the Product, the User should delete his/her User Account through the Website/ and both Child and Parent Mobile Device respectively.
  5. At the time of termination, any and all such information that is stored by Spottr shall be removed as per the Privacy Policy specifications.

 

  1. INTELLECTUAL PROPERTY:

You agree acknowledge and that any necessary software used in connection with the Application (if any) and any content available on the Application contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Spottr or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Application, the software or Content available on the Application (other than Content that you may submit), in whole or in part.

Spottr grants you a personal, non-transferable and non-exclusive right and license to access and use the Application; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Application. You agree not to access the application by any means other than through the interface that is provided by SPOTTR for use in accessing the Application The term SPOTTR, the SPOTTR a logo and other SPOTTR logos and product and service names are the exclusive trademarks of, and are owned by, SPOTTR, and you may not use or display such trademarks in any manner without SPOTTR prior written permission. Any third party trademarks or service marks displayed on the Application are the property of their respective owners. SPOTTR reserves all rights not expressly granted hereunder.

 

  1. INDEMNITY

You agree to defend, indemnify and hold harmless Spottr and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, providers, vendors, wireless carrier from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code(vii) Accuracy of information hereby represented in the application and by the device.

 

  1. MISCELLENEOUS :
  2. You must keep your user details secure and discreet and must not share them with anyone else. You must not collect or harvest any personal data of any user of Spottr in an unauthorised way.
  3. If Spottr disables access to your account, pursuant to these Terms, you may be prevented from accessing Spottr, your account details or any files or other Products that are stored with your account.

 

  1. CLAIMS AND COMPENSATIONS:
  2. The User shall have the right to submit claims in situations determined by the current legal regulations, especially in the case of any incorrectness in the operation of the Product or in compliance of the Services with these Terms.
  3. Claims may be submitted by e-mail to Spottr postal address/ e-mail address.
  4. A claim should at least include the User’s first and last name, the e-mail address under which the User utilizes the Product, a detailed description of the problem, and the postal address of the User. (if the claim is submitted by mail).
  5. If the information provided by the User is insufficient or requires complementary/more detailed data, Spottr shall ask the User filing the claim for such data, and the moment of filing the claim shall be the date when Spottr obtains the complementary/more detailed data allowing for investigating the claim.
  6. Spottr shall investigate the claim within [Specify the time period]days from obtaining it, and the User shall be forthwith informed about its result.
  7. Any claims caused by non-compliance with these Terms shall not be investigated.

 

  1. WAIVER:

Spottr functions as a venue to connect members in a virtual information place. As a neutral facilitator, Spottr is not directly involved in the actual transactions between members of the Application As a result, Spottr has no control over the truth, accuracy, quality, legality, or safety of activities made by users of the Application. Spottr shall have no responsibility to confirm the identity of members. Spottr shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Application. You shall at all times exercise common sense and good judgment when dealing with any user of the Application.

 

  1. SEVERABILITY:

If any item or provision contained in this agreement or any part of it is declared or becomes unenforceable, invalid or illegal for any reason whatsoever, including but without detracting from the generality of the foregoing, a decision by the competent court, an Act of Parliament or any statutory or other bye-laws or regulations or any other requirements having the force of law, the other terms/ clauses/ provisions of this Agreement shall remain in full force and effect as if this Agreement had been executed without that term/clause/provision. If the exclusion of the said term/clause/provision, will in the opinion of Spottr adversely affect either the right of the User/s to receive payment of all or any fees or remuneration by whatever means payable to it, Spottr may terminate this Agreement on [Specify time period in days]days written Notice.

 

  1. DISPUTE RESOLUTION GOVERNING LAWS AND JURISDICTION:

Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996. The Arbitral Tribunal shall be composed of one Arbitrator appointed by Spottr. The place of Arbitration shall be in Ahmedabad, Gujarat. The Arbitral procedure shall be conducted in the English language and the award or awards shall be rendered in English. The procedural law of the Arbitration shall be Indian law. The award of the Arbitral Tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply. The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian law, and the Agreement shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat.

 

  1. SPOTTR STATEMENT:

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.myspottr.com

 

  1. CONTACT:

You may contact Spottr at the following address:

 

Specify address: S69, KP Villas, Gokuldham, Sarkhej-Sanand Road, Ahmedabad 382110

Email id: sales@okulyst.com