Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY. BY USING THIS WEBSITE/WEB APPLICATION/MOBILE APPLICATION USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Revised. 02/03/2024
This Agreement (the “Agreement”) is made between Choate Technologies LLP (“Company”) and the user of its Service (“Users”). The Terms of the Agreement dated Dec 01, 2019, governs User’s use of the Website, Web application and Mobile application. The Company may inform the Users that changes or revisions have been made by indicating on top of this Agreement the date when it was last revised. The changed or revised Agreement shall be effective immediately after it is posted on Company’s Website/Web Application/Mobile Application. User’s use of the Website/Web Application/Mobile Application following the posting any such changes or of a revised Agreement shall constitute the User’s acceptance of any such changes or revisions. The Company encourages Users to review this Agreement whenever they visit the Website to ensure they understand the Terms and Conditions governing use of the Website/Web Apps/Mobile Apps offered by Company. This Agreement does not alter in any way the Terms or Conditions of any other written agreement User may have with the Company for similar Product or Services. In the event the User does not agree to accept and abide by the Terms of this Agreement, it is advised that the User should not access or use Company’s Website/Web Application/Mobile Application.
This Agreement is only valid till User’s Account is active with Company. The Company sells Tracking Devices (“Tracking Product”) and other Electronic Devices used as Accessory in Automobiles (“Other Product”) together referred as “Products”; and provides “Installation Service”, “Maintenance Service” and “Tracking Service” together referred as “Services”. The Tracking Service collects Asset location and Tracking Product parameters such as Power connected status/Battery status etc using the Internet via Choate Technologies server(s) (Owned or Third Party) and associated software. The Tracking Service includes a Secure login, via Mobile App, Web App, for Accessing and Tracking Asset equipped with a Tracking Device. Tracking Device is designed to send Location Coordinates and Event Notifications (Events) to Choate Technologies Server(s).
Unlawful Use
– User agrees to use the Products/Services offered by the Company, as per the Terms and Conditions provided herein. User agrees not to use the Services or Products for any unlawful or abusive purpose. User will comply with all laws while using the Service(s) or Product(s). Resale of the Service(s) or Product(s) is prohibited except by authorized Dealers. By using the Service(s) and/or the Product(s), User agrees to abide by the Terms and Conditions of any software license agreements applicable to any software associated with the Service(s) or Products(s).
Any breach of these Terms and Conditions shall not only constitute breach of the guarantee provided along with the Products/Services but also shall not make the Company liable for any action or claim including any third party claim or action. User agrees to comply with all statutory provisions relating to wireless telegraphy, and that specifically, the product shall not be used for any improper, immoral or unlawful purpose, and will provide the Company or its authorized agent with all necessary information as reasonably requested for, and will indemnify the Company against every liability cost or claim or loss that the Company incurs or may incur as a result of the failure by you, or anyone on its behalf, to comply with this condition. User further agrees that he/she/it shall not tamper with the Products and any tampering of the Products shall constitute breach of these terms and conditions as well as breach of the warranty provided along with the product.
Unauthorized Usage
– User may not program or alter any of the Programs other than the allowed programmable parameters of the Products. If Tracking Product is stolen or Services used fraudulently, User must notify Company immediately and provide Company with such information and documentation as Company may request (including, without limitation, police reports, and affidavits). Company has the right to interrupt Services or restrict Service to any Tracking Product, without notice to the User, if User is using the Tracking product in a fraudulent or unlawful manner.
Company reserves the right to question its User(s) if Company finds the allocated Device to User is being used by an unknown Person/Entity/User.
Installation
– Dealer is responsible for the proper Installation and Operation of the Products as per installation instructions provided by Company. Company may also deploy its own Technician to do Installation.
Account Information
– It is User’s responsibility to maintain current and accurate account information in the Company database and to exercise diligence in protecting User Ids and Passwords. User must change his/her password immediately after Account activation.
Subscription
– Tracking Products use SIM card to transmit location coordintaes to Server. Company will chrage Subscription fee that comprises of SIM card charge and Tracking Service charge. Company offers variety of models under Tracking Products. Different Tracking Product models may have different Subscription Periods. Tracking Product sale price may/may not have Subscription Period included. User must check Subscription Period before buying the Tracking Product. User must collect an Invoice from Seller clearly showing Asset Identifiaction number (for example Vehicle Registration Number in case Tracking Product is installed in Vehicle), Tracking Product Identification (IMEI), Tracking product model, Installation date and Subscription period.
Tracking Mobile Application will start giving a prompt when Tracking Product Subscription is about to Expire. User will also be contacted by Company through Phone call, WhatsApp and/or Text Messages to inform about Subscription expiry. User Account has 3 stages – Active/Expired and Deleted. If User renews his/her Subscription in Active stage, User can continue using Tracking Servces without any discontinuation. If User does not renew Subscription, Tarcking Services will be discontinued at midnight on the date of Subscription expiry and Account is moved to ‘Expired’ stage. If User renews Subscription in Expiry stage, it may take upto 48 working hrs after payment to Activate Account. In Expired state, associated Account SIM card is moved to Safe Custody. Cost of SIM card while in Safe Custody is borne by Company. SIM card is kept in Safe Custody from 1-3 months depending on the Account type. If User does not renew Subscription even after 1-3 months SIM card is Permanently deactivated and Account is moved to Deleted stage. If User renews Subscription after Account is deleted, SIM has to be changed in Tracking Device. After SIM chnage it make take upto 72 hrs to Activate Account.
Subscription renewal is allowd only after payment.
Intellectual Property Rights
– User acknowledge that the Company owns all right, title and interest in and to the Products, including without limitation all Intellectual Property rights including, with respect to the applications associated with the products (“Company Proprietary Rights”). Further, it is hereby clarified that User shall not be provided any access to the source code of the product and accordingly, User will not be permitted to copy, reproduce, alter, modify, or create derivative works of the product. User also agrees that User will not use any robot, spider, other automated device to monitor or copy any content from the product/services. The Company is the sole owner of the Company marks, service marks, trade name and any other marks used by the Company (collectively “Trademarks”). User agrees not to interfere with Company’s rights in the Trademarks, including challenging Company’s use, registration or application to register the Trademarks, anywhere in the world, and that User will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of the Company. All Trademarks, domain name, trade dress including the look, feel and design of the product, interfaces, etc., and the selection and arrangements thereof, is the property of the Company, unless otherwise indicated.
Changes
– Company may amend the terms of this Agreement. The Amendment may be announced via direct message to User/Broadcast on Website/Mobile App. If User does not agree to the amendment, User may terminate this Agreement by providing written notice to Company within fifteen (15) days of the date the Agreement was published on its Company website. If User does not agree with the amendment but wants to continue Services, Company will continue to provide Services for the term of the original Agreement provided User sends written notice to Company via post within fifteen (15) days of the date the amendment was published on website by Company. If User continues using Services for more than fifteen (15) days after Company published the amendment, User will be deemed to have agreed to that amendment.
Limitation of Liability
– To the fullest extent permitted by applicable law the Company shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages in connection with this Agreement or the Product/Service in any manner, including liabilities resulting from (1) the use or the inability to use the website/web application/mobile application content or product/services; (2) the cost of procuring substitute product/services or content; (3) Product/service purchased or obtained or transactions entered into through the Website; or (4) any lost profits user allege. Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
The Company’s entire liability, and User’s exclusive remedy, in law, in equity, or otherwise, with respect to the website/web application/mobile application content and product/service for any breach of this Agreement is solely limited to the amount the User has paid, less Shipping, Govt Taxes and Handling, for Products/Services purchased via the website.
Indemnification
– The User shall release, indemnify, defend and hold harmless the Company and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, obligations, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of User warranties, representations and obligations under this Agreement; (2) the website/web application/mobile application content or the User’s use of the website/web application/mobile application content; (3) the products/service/services or the User use of the product/services (including trial product/services); (4) any intellectual property or other proprietary right of any person or entity; (5) the User violation of any provision of this Agreement; or (6) any information or data User supplied to the Company, when the Company is threatened with suit or sued by a third party, the Company may seek written assurances from User concerning User promise to indemnify the Company; the User failure to provide such assurances may be considered by to be a material breach of this Agreement. The Company shall have the right to participate in any defense by User of a third-party claim related to User use of any of the Website content or Product/Services, with counsel of the Company’s choice at its expense. The Company shall reasonably cooperate in any defense by User of a third-party claim at User request and expense. User shall have sole responsibility to defend the Company against any claim, but User must receive the Company’s prior written consent regarding any related settlement. The terms of this provision shall survive any termination or cancellation of this Agreement or User use of the Website or Product/Services.
Limitation of Action
– Except for actions arising in connection with Indemnification (above), neither Company nor User may bring legal action with respect to this Agreement more than one year after the legal action accrues.
Warranties
– Company makes no express warranties regarding the Service(s) and disclaims any and all implied warranties, including, without limitation, any warranties of merchantability or fitness for a particular purpose. Company does not authorize anyone to make any warranties on its behalf and User should not rely on any such statement. Compnay provides 1 year Warranty on Tracking Products unless specfied otherwise and 6 months Warranty on Other Product. Warranty includes defects in materials or workmanship and excludes damage caused by misuse, accidents, or unauthorized modifications. Warranty start is applicable from the Date of Sale. User must collect an authentic Invoice from Retailer from where the Product was purchased. User should check and independently verify and ascertain authenticity of offered Warranty. Warranty is available in city of sale and through Dealer only who sold the Product to User.
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Uninstallation and Shipping Responsibility: If a Company Service Center or Technician is not available at the User’s location, it is the User’s responsibility to arrange for the safe uninstallation of the Product and its shipment to the Company’s designated address for evaluation and potential repair or replacement. The User must ensure that the Product is securely packaged to prevent damage during transit.
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Evaluation and Repair/Replacement Process: Upon receipt of the Product at the designated address, the Company will conduct a thorough evaluation to determine if the reported issue is covered under the Warranty. This evaluation may include testing, inspection, and analysis of the Product’s condition.
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Coverage under Warranty: The Warranty covers defects in materials or workmanship as defined in the Warranty documentation provided with the Product. Damage caused by misuse, accidents, unauthorized modifications, or other non-covered incidents may not be eligible for Warranty repair or replacement.
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Shipping Costs: The User shall bear the cost of shipping the Product to the Company’s designated address. The Company will cover the cost of return shipping for eligible Warranty repair or replacement items.
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Insurance and Tracking: The User is encouraged to obtain appropriate shipping insurance and tracking services for the shipment to safeguard against loss or damage during transit. The Company is not liable for any loss or damage that occurs during shipping to or from the Company’s designated address.
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Timelines and Communication: The Company will make reasonable efforts to complete the evaluation and repair/replacement process promptly. However, the actual timeframe may vary depending on factors such as the nature of the issue and availability of replacement parts. The Company will communicate updates on the status of the warranty claim to the User through the contact information provided.
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Required Documentation: The User must include relevant documentation with the shipment, such as proof of purchase, warranty registration details, and a description of the reported issue. Failure to provide necessary documentation may result in delays in processing the warranty claim.
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Exclusions: The Company reserves the right to deny warranty coverage for Products that do not meet the criteria outlined in the Warranty documentation or have been subject to misuse, neglect, or unauthorized alterations.
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Disposal of Unrepairable Items: In the event that the Product is deemed unrepairable or beyond economical repair, the Company may offer a replacement Product or provide guidance on proper disposal methods in accordance with local regulations.
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Modification of Policy: The Company reserves the right to modify or update this Shipping and Warranty Policy at any time without prior notice. Users are encouraged to review the policy periodically to stay informed about any changes.
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Governing Law: This Shipping and Warranty Policy shall be governed by and construed in accordance with the laws of [jurisdiction], without regard to its conflict of law principles.
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Warranty Returns. In case product is not covered under Warranty, Company will not arrange return shipment, User shall arrange return pickup. If User fails to pick up his Product, it will remain with Company for 1 year and be disposed after that off as per Company policy.
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Damaged Product. In case a damaged product is replaced under warranty, damaged Product will be kept by Compnay.
General
User Communication: User allows Company to send WhatsApp/Text messages or Call about Expiring subscription, New Product Introduction, Renewal offers, Technical support and Payment.
Customer Support: Company will strive to provide the best and prompt service to User. User must report his/her issue through email to support@paas2.in. Company Customer support team will get back with a viable solution to an issue within 3 working days. If reported issues can not be addressed online, Company Customer support team will schedule Technician visit to User’s place. A Service charge applicable for visit to User’s place. If User doent want to pay Service charge, he/she should express than in email. In the case of later, Company Customer support team will inform User to bring his/her Asset to the Service centre for physical check up. In case User fails to bring his/her Asset to Service centre at scheduled day/time, reported issue will be closed with appropriate remark.
Device Uninstallation/Installation: User must update Company if a Product is uninstalled from one Asset and installed in another Asset. Relevant required documents, as applicable, must be submitted to Company before uninstalling and installing a Product. Any Uninstallation/installation done by an unauthorised Technician will void the product warranty.
Payment: Company uses authorized, leading payment gateway services to collect payments. Company holds no liability for failed payment transactions and any loss arising due to that. Company will cooperate with User to provide any information required that may be useful to recover their lost payment.
Domestic Use: The Company makes no representation that the Website/Web Application/Mobile Application or Products/Services is available for use in locations outside India. Users who access the Website/Web Application/Mobile Application from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Waiver of Class Action Rights: By entering into this Agreement, User hereby irrevocably waive any right User may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this Agreement must be asserted individually.
Assignment
– Company may assign all or part of the rights or duties of Company under this Agreement without such assignment being considered a change to the Agreement and may provide notice to User. As a result of any such assignment, Company shall be released from all liability with respect to such rights or duties, or portions thereof. User may not assign this Agreement without prior written consent of Company, which shall not be reasonably withheld.
Governing Law and Jurisdiction
– This Agreement will be governed by the Laws of India. By using the Web Applications or ordering the Products/Services, the User consents to the jurisdiction and the courts at Gurgaon will apply in connection to any action, suit or claim arising under or by reason of this Agreement. Statute of Limitation. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products/Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Termination
– The Company reserves the right to terminate the User’s access to the Website/Web Application/Mobile Application if it reasonably believes, in its sole discretion, that Users have breached any of the terms and conditions of this Agreement or User has not paid subscription renewal fee in due period. This Agreement shall survive indefinitely unless and until the Company chooses, in its sole discretion and without advance to User, to terminate it.
Entire Agreement
– This is the entire Agreement between Company and User and super cedes any oral or written promises made to the User. This Agreement may only be amended as described herein. If the terms of this Agreement conflict with or are inconsistent with the terms of any purchase order or document provided by the User, the terms of this Agreement shall control.