Please read the following terms and conditions carefully before registering, accessing, the Bobcat i-Connect mobile applications. By using the device and the mobile applications, you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the device and uninstall the mobile applications.
Your Agreement to these Terms and Conditions for availing Service are as follows:
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being a registered Company in India under the Companies Act,1956 of the device and mobile applications and Doosan Bobcat India Private Limited , registered under the Companies Act, 1956 having its registered office at 6th Floor, HTC Towers, No:41, GST Road, Guindy, Chennai – 600032 , hereinafter referred to as “DBIN”. All services are rendered by DBIN through its hardware device under the brand name ‘Bobcat i-Connect” and the mobile applications Bobcat i-Connect . Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of DBIN (together with its affiliates). The device and the applications can be used subject to your adherence to the terms and conditions set forth below including relevant policies. DBIN reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay informed of any changes that may be introduced.
The device and the applications shall not be used by persons under the age of 18. By using the device and registering with the associated applications:
i. You are accepting the stated Terms & Conditions.
ii. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
iii. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
2. Prohibited Conduct:
By using the device and the applications you agree not to:
i. Infringe our intellectual property rights, rights of publicity or privacy.
ii. Use the device and the application if you are under the age of eighteen (18) without a parental sponsor or in any event use the applications if you are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law.
iii. Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person.
iv. Post or transmit any message, data, image or program which is pornographic in nature.
v. Refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide via the application.
vi. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.
vii. Use the installed Bobcat i-Connect “SIM card” for unlawful or illegal activities.
viii. Use the installed Bobcat i-Connect “SIM card” in a device (ex. Mobile, Tablet, etc) other than associated Bobcat i-Connect device.
ix. Interfere or disrupt the device or the applications or networks connected to the applications.
x. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network.
xi. Use any device, software or routine to bypass the applications robot exclusion headers, or interfere or attempt to interfere, with the applications.
xii. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our applications.
xiv. Provide false, inaccurate or misleading information.
xv. Use the application while driving or operating the equipment in a way which distracts attention from driving or operating the equipment.
3. Usage of the device, express exclusions and limitations:
i. In order for the Services to be delivered, the mobile device or other user devices, onto which the device 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.
ii. DBIN does not guarantee the accurateness of the data depicting the health of the equipment and the alerts by the device.
4. Termination; Agreement Violations
You agree that DBIN, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) and remove and discard all or any part of your account, your user profile, at any time . You agree that any termination of your access to the applications or a portion thereof may be effected without prior notice, and you agree that DBIN will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity will be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies DBIN may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the device and the applications.
5. Limitation of Liability and Damages
i. In no event will DBIN or its affiliates be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the device or the applications, or (iii) your use or inability to use the device or applications (including any and all materials), even if DBIN or their authorized representative has been advised of the possibility of such damages. In no event will DBIN or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the device or the applications, (iii) your use or inability to use the device or the applications, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed One Thousand Rupees (Rs.1000).
ii. If the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, MI-XLAB’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold DBIN its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the applications, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. This paragraph shall survive termination of this Agreement.
i. Use of the device or the applications is at your own risk. The device or the applications are provided on an “as is” basis. To the maximum extent permitted by law: (a) DBIN disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the device or the applications; and (b) all implied warranties, terms and conditions relating to device or the applications (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between DBIN and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the app; or any damage or injury to users or their equipment as a result of or relating to their use of device or the applications. Your statutory rights will not be affected.
ii. DBIN will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the device or the applications, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
8. Ownership; Proprietary Rights
The applications are owned and operated by DBIN. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), software, and all other elements of the applications (the materials) provided by DBIN are protected by Indian copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. You agree not to remove, obscure, or alter MI-XLAB’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within the applications. Except as expressly authorized by DBIN you agree not to sell, license, distribute, copy, modify, publicly display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. DBIN reserves all rights not expressly granted in this Agreement. If you have comments regarding the applications or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to MI-XLAB, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
9. TERMINATION OF AGREEMENT
DBIN reserves the right terminate the agreement with the user and the Bobcat i-Connect device will be deactivated in case the user does not renew their subscription within 3 months from the end of expiry of the subscription. DBIN will make reasonable effort to remind the user to renew the subscription.
DBIN may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Notice to DBIN must be sent by courier or registered mail to 6th Floor, HTC Towers, No:41, GST Road, Guindy, Chennai – 600032.
The failure of DBIN to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by DBIN.
DBIN may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted Chennai India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court in Chennai , India, necessary to protect the rights or the property of you or DBIN (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
13. Governing Law and Forum for Disputes
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against DBIN must be resolved by a court located in Chennai, India. You agree to submit to the personal jurisdiction of the courts located within Chennai, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
18. Entire Agreement
This is the entire agreement between you and DBIN relating to the subject matter hereof and will not be modified except in writing, by a change to this Agreement made by DBIN in accordance with the terms of this Agreement.
19. Branding and Logo Disclaimer
Except as otherwise expressly provided herein, nothing contained in this Agreement shall be construed or interpreted, either expressly or by implication, or otherwise, as a grant, transfer or other conveyance by DBIN to the Customer of any right, title, license or other interest of any kind in any of its intellectual property or provides any right to the Customer to make any such grant, transfer or other conveyance of the intellectual property rights to any third party.
Except as otherwise expressly set forth in this Terms & Conditions, the Customer shall not use Bobcat i-Connect logo for any other purposes. The Customer may use the “ Bobcat i-Connect” logo solely in the form and under the usage criteria provided by DBIN. No other use of the “ Bobcat i-Connect” logo is permitted, and the Customer shall have no right to otherwise copy, distribute, transmit, or transfer, such logo or any other mark of DBIN. All goodwill associated with the use of Bobcat i-Connect’s marks or logos inure to DBIN.