AGREEMENT BETWEEN USER AND COMPANY
Through its Web Site Loctell Solutions provides you with access to various services and information, including GPS tracking of vehicles, product information, company information, and other information contained within the web pages of the Company Web Site (collectively 'Web Content').
Company reserves the right to change the terms, conditions, and notices under which the Web Content is offered, including but not limited to the charges associated with the use of the Web Content.
All Web Content, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Loctell Solutions. © 2004, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the copyrighted materials for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any copyrighted material for commercial use without prior written approval of Company. You may not 'mirror' any copyrighted material on any other server without prior written permission from Company.
LINKS TO THIRD PARTY SITES
The Company Web Site may contain links to other Web Sites ('Linked Sites'). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for any form of transmission received from any Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Content you agree to not use the Web Content for any purpose that is unlawful, improper, or prohibited by these terms, conditions, and notices. You may not use the Web Content in any manner which could damage, disable, overburden, or impair the Web Content or interfere with any other party's use and enjoyment of the Web Content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Content. You may not attempt or gain access to any Company servers or networks through hacking or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to 'screen scrape', monitor, 'mine', or copy the Web Content without Company's prior, express, and written permission. You agree not to use the Web Content for any commercial use without prior consent from Company.
WEB CONTENT RESTRICTED BY USER ID AND PASSWORD
If access to any Web Content requires a user id and password ('Restricted Web Content'), you must agree to the Subscription Service Agreement or Master Marketing Agreement associated with that Restricted Web Content before accessing it. By accessing the Restricted Web Content you agree to be bound by the terms of the Subscription Service Agreement and/or Master Marketing Agreement associated with that Restricted Web Content. You are responsible for maintaining the confidentiality of your user id and password, and you are responsible for any activities that occur under your user id. You may not use anyone else's user id and password.
THE WEB CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB CONTENT AT ANY TIME. ALL WEB CONTENT IS PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HOWEVER AND TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATED COMPANIES, DISTRIBUTORS, AFFILIATE (DISTRIBUTION) PARTNERS, LICENSEES, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS SHALL BE LIABLE FOR (I) ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, ANY LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, (II) ANY INACCURACY RELATING TO THE (DESCRIPTIVE) INFORMATION OF THE PRODUCTS AS MADE AVAILABLE ON OUR WEBSITE, (III) THE SERVICES RENDERED OR THE PRODUCTS OFFERED (IV) ANY (DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE) DAMAGES, LOSSES OR COSTS SUFFERED, INCURRED OR PAID BY YOU, PURSUANT TO, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR DELAY OF OUR WEBSITE, OR (V) FOR ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER (DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE) DAMAGES, LOSSES OR COSTS SUFFERED, INCURRED OR PAID BY YOU, WHETHER DUE TO (LEGAL) ACTS, ERRORS, BREACHES, (GROSS) NEGLIGENCE, WILLFUL MISCONDUCT, OMISSIONS, NON-PERFORMANCE, MISREPRESENTATIONS, TORT OR STRICT LIABILITY BY OR (WHOLLY OR PARTLY) ATTRIBUTABLE TO THE ACCOMMODATION (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES), INCLUDING ANY (PARTIAL) STRIKE, FORCE MAJEURE OR ANY OTHER EVENT BEYOND OUR CONTROL.
Company reserves the right, in its sole discretion, to terminate your access to the Web Content or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or access to or use of the Web Content.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
1. By accepting the terms and conditions the customer accepts that Loctell Solutions may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in 'On' mode to receive the SMS. If the mobile phone is in 'Off' mode then the customer may not get / get after delay any alerts sent during such period.
2. Loctell Solutions will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from Loctell Solutions as an alert on the mobile phone number provided during the registration and Loctell Solutions shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold Loctell Solutions liable for non-availability of the service in any manner whatsoever.
3. The customer acknowledges that the SMS service provided by Loctell Solutions is an additional facility provided for the customer's convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Loctell Solutions shall be immediately informed about the same by the customer and Loctell Solutions will make best possible efforts to rectify the error as early as possible. The customer shall not hold Loctell Solutions liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
4. The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Loctell Solutions shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
5. The customer agrees to indemnify and hold harmless Loctell Solutions and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which Loctell Solutions and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the entry/exit of vehicle, travel route information, delay, and/or rescheduling from Loctell Solutions and/or the SMS service provider.
6. By accepting the terms and conditions the customer acknowledges and agrees that Loctell Solutions may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their experience, and/or services of Loctell Solutions.
7. Grievances and delays should be reported to Loctell Solutions immediately.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Indian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Bangalore, India.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.