1. QSTRACK GPS is from now on collectivity referred to as "TRACK."
2. The service offerings are under the complete discretion of QSTRACK GPS. We need to do the technical feasibility before providing the service.
3. Customer acknowledges that the QSTRACK Fleet Management System/Smart Car Security System QSTRACK GPS (in the future referred to as "service") is rendered by QSTRACK GPS hereunder is based on wireless, data technology. The availability, accuracy, and quality of the services may be affected by various factors, not within the control of QSTRACK GPS, including but not limited to physical obstruction, availability or performance of a network, geographic condition, radio signal interference, non-availability of power, fault or modification in another telecommunication network to which QSTRACK GPS, network is connected, nonreceipt or delay in receipt of a suitable right of way, equipment damages, change of equipment or infrastructure or any other reasons not within the control of TRACK. In connection with the previous, QSTRACK GPS does not guarantee uninterrupted or fault‐free service and shall not be responsible for any delays and errors in service transmission.
4. Service is provided in India to Indian citizens residing in India aged 18 years and above (c) entitled to enter into a legally valid and enforceable contract and not under any legal disability.
5. This information is to be used for "guiding purpose only," and the same shall not be used for any detection, claim, damage, dispute, or illegal purpose. QSTRACK GPS shall not be responsible for any claim other than the claim relating to any disruption in services due to any act or omission of QSTRACK GPS.
6. Customer shall be solely responsible for protecting the tracking device, two-way communication, and other sensors provided by QSTRACK GPS from any misuse, theft, or damages. If there is any damage to any such equipment, the customer shall approach the equipment manufacturer or its authorized service center for repairs.
7. QSTRACK GPS shall not be responsible for any breach of privacy obligations between the customer and any other person being tracked/ viewed/ filmed/ recorded/ through the service. Customer shall indemnify and keep QSTRACK GPS, its officer, employees, directors, affiliates, contractors, agents, and vendors fully indemnified and harmless against any such claims and obligations.
8. It shall be the customer's responsibility to provide correct inputs and data to QSTRACK GPS for availing of the service. Customers shall be required to provide correct, accurate, and updated details of themselves, including details relating to age, address, identity, and ownership of the vehicle. They must submit all necessary proof for authenticating the details provided for availing services. QSTRACK GPS shall not be under any obligation. However, it shall be entitled to verify details provided by the customer in case of any discrepancy in the details supplied by the customer. QSTRACK GPS shall be entitled to discontinue service to such customers immediately.
9. QSTRACK GPS reserves the right to discontinue providing service to any customer if such a customer violates any of the terms and conditions of the service. Any customer providing any incorrect information or concealing/withholding any information from QSTRACK GPS with intent to avail of the service will automatically be disqualified. Such act of providing inaccurate information or concealing/withholding any communication will also include but are not limited to the false declaration of information relating to name, age, identity, address, mobile connection, ownership of the vehicle, domicile any other information provided by the customer/withholding of information by the customer.
10. Customer indulgence in any activity which is untoward/illegal/antisocial or criminal in nature or any attempt to do any such action which may be construed or result/ imply/ culminate in an untoward unlawful, antisocial or criminal activity such activity will result in immediate discontinuation of service and disassociation of QSTRACK GPS from the Customer and may invite criminal proceedings against the customer.
11. For usage, validity, and connectivity queries, customers must contact customer care.
12. QSTRACK GPS reserves the right to terminate the services in the event of non‐payment of outstanding bills issued by QSTRACK GPS, by the tariff plans opted by the customer and the extent of usage or any default on the part of the customer.
13. Billing concerning the subscription and usage of this service will be done separately.
14. QSTRACK GPS shall not be responsible for any actions its customers or others take due to its services.
15. The Customer shall be required to purchase the equipment from the direct sales associate and authorized dealers by QSTRACK GPS for the equipment sale. QSTRACK GPS shall not be obligated to provide any service to the customer if the equipment is purchased by the customer from an entity other than the direct sales associate and authorized dealers by QSTRACK GPS for selling the equipment.
16. All charges and tariffs for the service other than the equipment would be as per the choices made by the customer or as per the company's subscription plan.
17. The Customer shall be solely responsible for any illegal use of the equipment or service and shall defend, indemnify and hold harmless QSTRACK GPS and its directors, officers, and employees (or any of them) against any claim, liability, demand, loss, damage, judgment or other obligation or right of action, etc. which may arise out of such illegal use of the equipment or the services.
18. The Customer shall be liable to duly honor all the payments relating to the equipment and services without any delay or default. QSTRACK GPS reserves the absolute right to take appropriate legal action against the customer if the customer delays or defaults in making the payments of any amounts due and payable by the customer. Customer shall be solely responsible and liable for sanctity and management of web and mobile access, Username, and password provided by QSTRACK GPS.
19. The customers understand and agree that the accuracy/ latency of service depends on various factors, considering the involvement of a range of technologies such as cellular network and internet at source device as well as access device (Customer laptop/desktop/mobile). Hence the customer agrees and undertakes to use this service for tracking/ security purposes only.
20. QSTRACK GPS agrees to provide the service on a best effort basis but does not take any responsibility for the accuracy/ latency of the input feed. The same should not be used for any detection, claim, damage, dispute, or legal purpose by the customer or anyone acting for or on behalf of the customer. TRACK will entertain no third-party claim of any nature in this regard.
21. The Customer shall have to access our website "fleethun. in" and set their Username and password for portal access to track their vehicle registered under the service on "QSTRACKGPS.com."
22. The Customer is responsible for preserving the web and mobile username password, and TRACK shall not be liable for any mismanagement or confidentiality breach of Username and password.
23. The Customer shall, at his sole costs and consequences, be free to share their web and mobile Username and password to any number of third parties at their discretion. The customer shall be free to allow any third party to track them on the web portal with a username and password. However, QSTRACK GPS shall not be responsible for any misuse of mobile Username and password, and any claim, demand, damage, suit, cost, or expense in this regard will not be entertained by QSTRACK GPS.
24. QSTRACK GPS shall not be responsible for any breach of privacy obligations between third parties or whosoever is tracked through the equipment. It shall be the sole and exclusive responsibility of the customer to inform all concerned that the vehicle is under surveillance and equipment is installed in their car for tracking the vehicle.
25. QSTRACK GPS shall not be responsible for any default, failure, deficiency, or inaccuracy in the service for any reason not within the control of QSTRACK GPS. The customer undertakes not to raise any claim, demand, damage, cost, or expense against TRACK.
26. QSTRACK GPS reserves the right to change/modify/terminate the service at any time by giving prior notice without assigning reasons to the customer.
27. The right to use the service is subject at all times to the terms and conditions of the service as specified
28. QSTRACK GPS may temporarily deactivate/stop/discontinue this service for maintenance purposes with prior notice to the customer.
29. QSTRACK GPS shall be entitled to change, alter, modify, cancel, or suspend the service as it may deem fit to any statutory or regulatory order/ direction, etc., or for any other reason.
30. Service is non-endorsable, not transferable, and nonsubstitutable.
31. QSTRACK GPS shall not be liable for any failure to comply with its obligation caused by fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, terror attack, inevitable accidents, acts of God or any other circumstances amounting to force majeure.
32. QSTRACK GPS shall not be responsible for any loss or damage if it has to discontinue or cancel this service in compliance with any law, ruling, order, regulation, circular, notification, requirement, or instruction of any central/state government or for any other unavoidable reasons beyond its control. The customer shall be informed of such discontinuance/ cancellation as soon as possible.
33. The decision of detail as to the interpretation of any of these terms and conditions shall be final and binding on the customer.
34. QSTRACK GPS shall not be responsible for any loss, damage, cost, expense, claim, or demand raised by the customer or any other person acting for or on behalf of the customer due to any of the following reasons
35. To avail of the service from QSTRACK GPS, the customer shall be required to furnish the request application form, photograph, and other information and documents specified by QSTRACK GPS. The relationship between QSTRACK GPS and the customer concerning the service shall be governed as per the provisions of the said applications and other applicable documents submitted/furnished by the customer or issued by QSTRACK GPS.
36. The courts in the terms/city where the QSTRACK GPS office (whose address is mentioned in the service enrollment form) shall have the sole and exclusive jurisdiction to decide any dispute under the service enrollment form.
37. Apart from these terms and conditions, there are no oral or implied agreements and no oral and implied warranties or understanding between QSTRACK GPS and the customer concerning the subject matter.
38. QSTRACK GPS fitted with mobile SIM no. mentioned on the warranty card will be exclusively used for vehicle tracking. Misuse of the SIM card other than the tracking system, thereby creating any problems, will be the customer's responsibility and is liable to legal consequences at the cost of the user.
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