Terms of Service

These Terms and Conditions only apply to sales or service of product made directly between Spearhead Technoware Solutions Pvt Ltd. and the end user. By using website & placing an order with us you should accept by these terms unless agreed otherwise in writing. If you cannot accept our terms & conditions please don’t use our products, services and website.

Definitions

“The company”, “our”, “us” and “we” refers to the seller whose trading style appears on your order and/or invoice and/or website. “The customer”, “the purchaser”, “you” and “your” refers to the original company, organisation or individual who purchases goods and/or services directly from us or anyone acting for or on behalf of any such purchaser. “Consumer” refers to any person who is acting for purposes which are outside his trade, business or profession. In all cases, for ‘he’ read ‘he or she’. “The site” and “our site” refers to our websites :  www.eyesonwheel.in

GPS Vehicle Tracker

GPS Tracking Device, which determines the location of the Device by using signals from GPS satellites, and a GSM Network SIM, which is used to report that location over the GSM mobile network of our device supplier to the service .Accordingly

  • 1. You should accept that the Device must be able to communicate with the appropriate GPS satellites, by signals of GSM Network Towers, Because the Device will generally may not work indoors or where the signal is low/failed;
  • 2. You should also accept that the Device must be in the reception range of our preferred GSM network supplier. If the Device loses connection, the Service will continue to show the last known location of the Device.

You must keep the credit on that mobile account topped up and your subscribition in force. Otherwise not be able to use the Device with the Service and will not receive alerts or other

Use of SIM card

If you damage the supplied SIM, you may not be able to use the Service until we send you a replacement. We may charge you for any replacement SIM card.

 Please note that the Device and Service are set up to work ONLY with the SIMs we provide. You can use your SIM with your Device; conditions will apply and as it will work with the Service. If you need to use another SIM, for example because you are using the Device in a location for which we do not supply SIMs, please contact us and we will endeavor to assign SIM details with the Device so you can use the Service, in return for a charge. We cannot guarantee that third party SIMs will work with the Device or the Service.

Please note that opening or tampering with the Device, including by replacing the SIM with a third party SIM, may invalidate the warranty (see below)

Device Warranty

We provide warranty to you (provided that you are the original purchaser of the Device) that the Device will be free from significant defects in material and workmanship for a period of 6 months from the date of original purchase as shown on your receipt. Should the Device need to be returned, contact us for a return authorisation number before sending it. The Device should then be sent to us, properly packaged and using a signed-for delivery method, together with proof of purchase. The warranty does not cover Devices which have been subject to abuse or neglect or which have been tampered with or modified (including by changing the SIM card).

Service Efficiency

About the accuracy of the location information captured by the tracking device depends on, among the other things like the quality of the connection between the Device and the GPS satellites and the signal with the mobile phone network. These can be affected by environmental factors such as bad weather or the presence of tall buildings and information can be delayed, corrupted or lost. The information on the tracking page is therefore to be regarded as being a guide to the location of the Device at the time of the last update received from it, and subject to error.

We do not warrant that the Service will be available at all times, as (in addition to the factors mentioned above), it may be down for maintenance or as a result of a fault. We will endeavor to fix faults as early as we can.

Accordingly, we cannot accept liability for any loss or damage incurred by you or any third party using your Device, arising from the Service or the Device, from any information displayed as part of the Service or from any unavailability of any of them. Use of the Device and the Service is not a substitute for proper care and supervision of the item to which the Device is attached. It is your responsibility to ensure you have any relevant insurance and to consider and decide whether the Device and Service are appropriate for your needs.

Apart from such liability, our total liability to you and any third party using your Device, arising out of or in connection with the Device or the Service, and whether in contract, negligence or otherwise, will be limited to the aggregate of the price paid for the Device and the most recent charges paid for the Service (if any). We do not accept liability for any indirect or consequential losses, or for loss of profit, business or revenue, whether direct or indirect.

If at any time we believe that you have broken these Terms or the terms of any other agreement with us, or are using the Device or the Service improperly or illegally, we may terminate or suspect the provision of the Service immediately. We will inform you by text or e-mail to the contact details you have given us if we have taken, or intend to take, such action. Further you shall only be responsible to legal actions for any misuse and illegal use of the product and services.

Customer Information

We will collect customer personel information about you when you register with us, to enable us to set up an account with us and with our mobile phone provider, and so that we can provide the Service to you. As part of the Service, we will send you SMS, e-mails and other messages and alerts in accordance with the way you have configured the Service and to inform you of changes or problems. It is important therefore that you keep your contact details up to date.In order to provide the Services, we may store or process your data on servers located outside the country.

By entering into these Terms, you agree that we may collect, store, use and disclose your data, and contact you, as set out above.We will not give your information to any third parties for marketing purposes or disclose them to anyone other than as needed to provide the Service or as required by any applicable laws or civil authorities.

PLEASE NOTE: you may be breaking data protection and other laws if you use the Device to track a person without that person’s consent. We cannot accept liability in respect of any such use, whether with or without consent. The device and services are intended only for the purpose of monitoring the movable assests and its operational issues.

Disclaimer / Jurisdiction

This Agreement will be governed by and construed in all respects in accordance with Indian law and the parties agree to submit to the exclusive jurisdiction of court of Rourkela in State Odisha ( India) , the place of company’s Registered office .

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