Terms & Conditions for using Spottr Device
TERMS AND CONDITIONS
Policy In effect from [Specify the Date]
Welcome ! Spottr, a venture of Okulyst Technologies Pvt. Ltd, a Company registered under the Companies Act, 1956 having its registered office at S69, KP Villas, Gokduldham, Sarkhej-Sanand Road, Ahmedabad Gujarat, India.
This Spottr Device, is portable, easy to carry device that enables to track persons or pets who’s folks/Parent/Legal Guardian intends to track location of any child or/and adult.
- Spottr Application: Software for mobile devices with internet access (e.g. smart phones, tablets) fulfilling the technical requirements determined herein, which may be downloaded by the User from the application stores indicated by the Service Provider.
- User Account: The User name ID and password and other shall be used for the purpose of creating an account with Spottr using its services. These may be changed from time to time as per Users request.
- Circle of Trust: Members who have been added by the User and can constantly keep a watch on the location of the Child . The circle can be amended by you as per the Users requirements.
- In-App-Chat: The In-App Chat provides User a platform to interact with the child and other members of the Circle of Trust.
- Panic Button: It refers to the button that is in –built in the Device, once the Child presses the button, an automatic message will be generated for all members who have been added in the Circle of Trust.
- Parent Mobile Device: A mobile device with internet access (e.g. a smart phone, a tablet), on which the Spottr Application is installed, assigned to a given User Account.
- Mobile Application: Mobile Application shall refer to the application available in IOS and Anaroid. With the specifications as discussed in the website.
- Parent: Parent shall refer to the adults having parental authority/legal guardian/ or have lawful custody over underage person.
- Child: Child, for the purpose of this Application shall also include persons of any age group that is tobe tracked by using the Spottr services.
- Force Majure: Force Majure refers to an event that no human foresight could anticipate or which, if anticipated, is too strong to be controlled
- Spottr Device: A portable device with internet access and GPS activation that will carried by the Child to be tracked.
- User: The Parent or any person in control of the Spottr Device shall be known as the User.
- Services: The services rendered by Spottr.
User represent and warrant that he/she are at least 18 years of age or the age of legal majority in the User’s jurisdiction, whichever is higher. If the User is under age 18, User may not use or access the Services. If Spottr discovers or has any reason to suspect that User is not at least 18 years of age, Spottr reserves the right to suspend or terminate access to the Services immediately and without notice.
- PRE REQUIRMENT FOR A DEVICE HOLDER :
The User shall fulfil the following conditions:
- The User shall be a natural person, who has the legal capacity to become a subscriber of the device.
- The Users shall have a workable Mobile device that is compatible and can be configured to the Spottr device.
- The User shall be a lawful Parental / Guardian/ Relative, who has attained the age of majority and is of sound mind and intents to Track the Child for a lawful objective.
- User is required to fulfil all the preliminary formalities diligently at the time of Registration. The User shall ensure that the information furnished is true and best of his/her knowledge as Spottr and shall rely on it for purpose of any communication.
- The User shall at any time before being ousted by Spottr to subscribe to the services of Spottr Application.
- REGISTRATION OF ACCOUNT :
- User shall create an Account with Spottr Application by opening an account as a result of correct registration, the Service Provider shall create a User Account assigned to the email and password in the registration form.
- The Spottr Device shall be configured with the Parent Mobile Device of the User. So, that the User as per his/her convenience can locate the position of the Child.
- SERVICES AND CONDITIONS:
- The Spottr Device comes along with sophisticated GPS/ GPRs Services that enables the User to track the User’s Child conveniently without any hassle.
- For uninterrupted and effective use the Spottr Device shall be connected to the Parent Mobile Device all the time.
- The Parents Mobile Device and the Spottr Device shall be in good and workable condition.
- The Parent Device as well as the Spottr Device shall be within the Network coverage areas at all times.
- This Spottr Device is secure and portable and can be easily carried by the User’s r Child or can be placed safely in his/her baggage; pocket etc.
- The Spottr 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 location of the child can be spotted by the Parent on the parent’s device. Once the Child, is within the Network Coverage Area. Spottr shall update the location of the child.
- The Child can also in case of emergency or situation of distress press the “Panic Button” that will generate automatic message along with the last known Location of the Child to the Parent Mobile Device and other members so added by the User in the Circle of Trust.
- The Spottr Device can work nationally and internationally. In case of international use certain additional charges shall be applicable as per the prevailing Tariffs.
- COST AND TARIFF:
- The Cost of the device along with a yearly subscription of Tariff of the device for in the first year of purchase shall be INR 4999/-
- The renewal of the subscription in the subsequent year shall be done for Rs 2499/-
- These costs and Tariffs are subjected to be renewed from time to time as per the sole discretion of Spottr.
- RETURN ND REFUND POLICY
- If the User is not satisfied with the Spottr Device he/she shall initiate return of the Spottr Device within 14 days from the receipt of the order by contacting at firstname.lastname@example.org. The User shall receive a return number.
- The User shall courier the device along with the original packing to the address provided by Spottr. The courier charges shall be paid by the User.
- Spottr may reject the returned product if the Spottr device is returned in substantially unchanged condition.
- The Team of Spottr shall review the device returned by the User and shall refund the cost of the device. If the returned products have met all of our return policy requirements, Spottr will process the refund to the User.
- LIMITED LIABILITIES :
Spottr is created with an objective to protect the Child from any major miss happening. Spottr excludes and disclaims itself from all and any liability if the Spottr device is used for any means otherwise as provide or any unlawful activity is carried using the device.
- User shall understand that Spottr Device is created with an objective to protect the Child against any unfortunate event. However, Spottr doesn’t claim a full proof solution of Your child security. The Parents/ Guardians / relatives shall be solely responsible for their child security.
- All information so provided by the User at the time of subscription of the Application and device shall be considered true in all basis. Spottr condemns any responsibility of whatsoever nature that the information so provided is incorrect.
- 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 the Spottr.
- Spottr shall cease to operate in the situations wherein; there is no Network Coverage or there are certain issues with the Parent Mobile Device or Spottr Device. Spottr strongly recommended for uninterrupted and optimal benefits the Parent Mobile Device and the Spottr Device must be in working conditions and within Network Coverage Area.
- Although, Spottr services are specifically created, to track location of the Child. However, due to potent and dynamic features this device can be used to track persons of any age group. In case of tracking adults, it is suggested that explicit prior consent is taken before tracking.
- Spottr device shall track only the Child in whose custody the device is placed. Spottr strongly recommends one child per Device. Spottr device shall track the child who is to the nearest custody of the Spottr device.
- The Spottr device is prepared by using sophisticated technology also the circuit and other material used in the device is of superior quality and shall cause no harm to the child . However, if the Child is sensitive towards any of the material so used in the device and causes any disease/reaction/ infection to the Child. Spottr shall not be held responsible .The Parent are advised to refer to the terms thoroughly before subscribing the same.
- To handle the Spottr Device is the responsibility of the User if the device is damaged due to careless use of the User by not handling the device properly. Spottr shall not take the responsibility of the same.
- The User, shall add members to the Circle of Trust at its sole discretion. Spottr disclaims any responsibility if any misdeed is committed by the members within the Circle of Trust.
- Users shall immediately report to Spottr in writing, at the earliest in case the Parent Mobile Device or and the Spottr Device is lost. Spottr shall, deactivate the services at the earliest.
- Spottr shall not be responsible for any technical issues, including but not limited to any delays in data transfer or any devices belonging to the User, as well as equipment, information systems and computer and telecommunication networks belonging to mobile network operators and internet service providers.
- The Panic button in the device is for the purpose to inform the Parent on an immediate basis if the Child is in emergency or a situation of distress this button is designed, so that it can be operated with no difficulty. Spottr shall not be responsible if any hoax call is generated pressing the button.
- Spottr shall not be responsible for Product malfunctions caused by force majeure. A force majeure event shall be any event outside the reasonable control of Spottr.
- DISCLAIMRS AND WARRANTIES :
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.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.
- These Terms will continue to apply until terminated by either User or Spottr. Spottr may terminate the Terms or suspend Users access to Spottr Service at any time, including in the event of your actual or suspected unauthorised use of the Spottr Service or non-compliance with the Terms. If User or Spotter terminate the Terms, or if Spottr suspends Users access to Spotter Service, User agree that Spottr shall have no liability or responsibility to the User and Spottr will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate Spottr account, please contact User through Spottr contact number.
- INTELLECTUAL PROPERTY RIGHTS:
All trademarks copyright, trademark, patent, and/or other proprietary rights and laws and service marks of the product are owned by Okulyst Technologies Pvt. Ltd and are the property of their respective owners. The trade names, trademarks and service marks owned by the Company, whether registered or unregistered, may not be used in connection with any product or service that doesn’t belong to the Company, in any manner that is likely to cause confusion. Nothing contained on the product/ website/ Mobile Application should be construed as granting, by implication, estoppel or otherwise, any license or right to use Company’s trade names, trademarks or service marks without the express prior written consent of the Company.
- CLAIMS AND COMPENSATIONS:
- 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 Spottr device or in compliance of the Services with these Terms.
- Claims may be submitted by e-mail to Spottr postal address/ e-mail address.
- 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).
- 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 more detailed data allowing for investigating the claim.
- Spottr shall investigate the claim within [Specify the time period] days from obtaining it, and the User shall be forthwith informed about its result.
- Any claims caused by non-compliance with these Terms shall not be investigated.
- 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 at Ahmedabad, Gujarat. The Arbitral procedure shall be conducted in 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.
User may contact Spottr in case of any queries/ claims relating to the Spottr device at :
Email id : sales@okulyst,com