This Agreement is a binding agreement between Minda iConnect Pvt. Ltd. and you with respect to your participation (the "User") in the Services and your consumption of Services as defined by Your or any other users interaction with or use of all or some of our - website, hardware device (âHardwareâ) and user applications (Application). Given the importance of the terms of this Agreement, we encourage you to study them carefully.
Minda iConnect is committed to protecting your privacy and shall not share your location geo coordinate data with any 3rd party such that it can be associated with an individual, unless required to conduct our Services provided to you (e.g. Emergency Call or SOS) or required by law.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the Service ("Your Content"). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. We reserve the right to access your account in order to respond to your requests for technical support.
You represent and warrant that:
- (ii) you own all Your Content or have obtained all permissions, rights required to engage in your data collection for using our Services.
- (iii) you are eighteen (18) years of age or older.
- (iv) you undertake that your content and other activities in connection with using our Services does not violate, infringe or misappropriate any third parties copyright, trademark, right of privacy and publicity or other personal or proprietary rights. You undertake that you shall be exclusively responsible for any liability arising due to any potential breach which may occur as a result of your usage of our Services.
We has the right, but not the obligation, to monitor the Services, Hardware, Content or Your Content. You further agree that we may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
2. DESCRIPTION OF SERVICE AND USAGE OF USER DATA
2.1 Note that in order for the Services to be delivered, the mobile device or other user devices, onto which the Application is installed, must have adequate network and data service and should have appropriate operating system and software required for the application to work, and the Hardware must be properly activated and installed in your vehicle and be in a geography that has telecom network of our telecom partner.
2.2. Minda iConnect uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Services and sharing information at your own risk.
2.3. Minda iConnect has the right to use or share Data generated by You with its partners and affiliates or 3rd parties, for providing services to You or for analysis or marketing and promotional or other commercial purposes or if required by law. When Data is used for purposes other than providing services to You then such data shall be anonymised.
4. USER ACCOUNT, PASSWORD, AND SECURITY
4.2 You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Minda iConnect of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Minda iConnect cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by Minda iConnect or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
4.3 You shall ensure that the Account Information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.4 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Minda iConnect has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services (or any portion thereof).
5. PRICING INFORMATION
5.1 You agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services. You shall not use the credit / debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit / debit card. The information provided by you will not be utilized or shared with any third party unless required to complete your transaction or in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit / debit card details.
5.2 Minda iConnect shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the authorization for any transaction for any reason whatsoever.
6. USER OBLIGATIONS
, Minda iConnect grants You a non-exclusive, limited privilege to access and use the Website.
6.2 You agree to use the Services and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
6.3 . You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you will access the Website in accordance with the Terms and particularly Section 8.
6.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Minda iConnect. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, hack, copy or monitor any Hardware, Application, Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5 By accessing or using the Website or Services, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. Minda iConnect disclaims all liabilities arising in relation to such offensive content on the Website.
6.6 Our Services may allow you to post or upload files, data, comments or any other material. You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
- (i) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- (ii) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- (iii)Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- (iv) Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- (v) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- (vi)Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- (vii) Attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our server, by any illegitimate means (including such as hacking and password mining);
- (ix) Probe, scan or test the vulnerability of any portion of our Services or any network connected to the Services, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Minda iConnect, including any Minda iConnect Account not owned by You, to its source, or exploit the Website or Services or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
- (x) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or vehicle or networks connected to or accessible through the Services or any affiliated or linked sites;
- (xi) Collect or store data about other users.
- (xii) Use any device or software to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person's use of the Services;
- (xiii) Use the Services or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Minda iConnect or other third parties;
- (xiv)Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- (xv) Violate any code of conduct or other guide, which may be applicable to the Services;
- (xvi) Violate any applicable laws or regulations for the time being in force within or outside India;
- (xvi)Violate the Terms including but not limited to any applicable Additional Terms; and
- (xvii) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images or software obtained from the Services.
6.7 . You agree that You are solely responsible to Minda iConnect and to any third party for any breach of Your obligations under the Terms and for the consequences for any such breach.
7. USE OF MATERIALS
7.1. Except as expressly indicated to the contrary herein or in any applicable Additional Terms, Minda iConnect hereby grants You a non-exclusive, freely revocable (upon notice from Minda iConnect), non-transferable access to view and print product catalogue available on the Website, subject to the following conditions:
- (i) You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
- (ii) You may not modify or alter product catalogue available on the Website; and
- (iii) You may not remove any text, copyright or other proprietary notices contained in the product catalogue available on the Website.
7.2 The rights granted to you as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogue available on the Website may be copied or retransmitted unless expressly prohibited by Minda iConnect.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Minda iConnect Pvt. Ltd. and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
8.2 The trademarks, logos and service marks displayed on any component of the Services ("Marks") are the property of Minda iConnect . You are not permitted to use the Marks without the prior consent of Minda iConnect or the third party that owns the Marks.
8.3 Minda iConnect owns all intellectual property rights to the trademark and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4 Except as expressly provided herein, you acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Minda iConnect or third party owner of such Content.
9. DISCLAIMER OF WARRANTIES & LIABILITY
you expressly understand and agree that, to the maximum extent permitted by applicable law:
9.1 You agree to indemnify, defend and hold harmless Minda iConnect from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Minda iConnect that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Supply Terms or any Additional Terms applicable to the purchase of Products and Your usage of Services.
9.2 . In no event shall Minda iConnect, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Minda iConnect has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Minda iConnectâs entire liability to you under this Terms of Offer for Sale or otherwise shall be the refund of the money charged from You, under which the unlikely liability arises.
9.3 Minda iConnect will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information or any services or materials, either with or without your knowledge. Minda iConnect endeavours to ensure that all the information on the website is correct, and provide warranties relating to the quality, accuracy of product or service. Minda iConnect shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Minda iConnect shall not be responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Minda iConnect is not responsible for any typographical error leading to any invalidity of any kind. Minda iConnect accepts no liability for any errors or omissions, with respect to any information provided to you by itself or on behalf of third parties.
9.4 Minda iConnect shall not be liable for any third party product or services. The advertisements available on e-mail or website with respect to any third party website or the products and services are for information purpose only.
Minda iConnect may, in its sole discretion and without prior notice, terminate Your access to the Website if Minda iConnect determines that You have violated the Terms or Additional Terms. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Minda iConnect, for which monetary damages is likely to be inadequate, and You consent to Minda iConnect obtaining any injunctive or equitable relief that Minda iConnect deems necessary or appropriate. These remedies are in addition to any other remedies Minda iConnect may have at law or in equity.
11.1. The Terms will continue to apply until terminated by either you or Minda iConnect as set forth below. If you want to terminate your agreement with Minda iConnect, you may do so by (i) not accessing the Services; and closing Your accounts (if any).
11.2. Minda iConnect may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
- (ii) Minda iConnect is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority);
- (iii) The provision of the Services to you by Minda iConnect is, in ourâs opinion, no longer commercially viable;
- Minda iConnect has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to You;
- (iv) For technical or any other reason, Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or Services. Minda iConnect may also delete any content or other materials relating to your use of the Website.
11.3. Minda iConnect shall not be liable to you or any third party for any such termination.
11.4. Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.
12. GOVERNING LAW
12.1 The Terms and all transactions entered and the relationship between you and Minda iConnect and any mutual claims shall be governed in accordance with the laws of (New Delhi) India without reference to any conflict of laws principles.
12.2 All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Delhi, India and You hereby accede to and accept the jurisdiction of such courts.
13. GENERAL PROVISIONS
All notices from Minda iConnect will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to Minda iConnect pursuant to the Terms should be sent to email@example.com
: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.
Any failure by Minda iConnect to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
13.5 Feedback and Information:
Any feedback you provide to this Website shall be deemed to be non-confidential. Minda iConnect shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Minda iConnect is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from Minda iConnect for the feedback under any circumstances.