Terms of Service

Terms and Conditions
You must read, understand, and accept the following terms of use before you may proceed to the service provided by Vivira Projects Pvt Ltd.. By using the information, services, and products available through this web site, you agree to be bound by all terms and conditions of use as set forth herein. Vivira Projects Pvt Ltd. may modify these Terms of Use from time to time by posting them on the Vivitrack web site (www.vivitrack.in).

General Terms of Use.
Subject to the terms and conditions set forth in this Agreement, Vivitrack grants you a non-exclusive, non-transferable, limited right to access, use and display the data and the materials provided by the Service thereon.

Vivitrack hereby authorizes you to view and use the information (“Materials”) provided by the Service only for your Personal use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying of the Materials. Vivitrack does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. This site contains intellectual property owned by Vivira Projects Pvt Ltd.. No material from Vivitrack or any Web site owned, operated, licensed, or controlled by Vivira Projects Pvt Ltd., or any of its related, affiliated or subsidiary companies (collectively, “Vivitrack”), may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Vivitrack, except that you may download one copy of the materials on any single computer for your use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Vivitrack’s copyright and other proprietary rights. If you download software from Vivitrack, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Vivitrack. Vivitrack does not transfer title to the Software to you. Vivitrack retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

Information Provided By You.
Any personally identifiable information you may provide to Vivitrack via this Service is protected by the Privacy Policy associated with this Service. Vivitrack will not lend, sell or otherwise make available, your personal information without your permission, unless required by law, subpoenas, warrant, or court order. Vivitrack may disclose personally identifiable information, with or without prior notice to you, when Vivitrack believe that the law requires it, in response to subpoenas, warrant, court order or at the demand of governmental agencies.

Log Files.
We also review data and information contained in log files located on our web server, which record the date and time of each visit to our web site, the user’s IP (Internet protocol) address, the referring IP address or domain (the prior web site visited), and the files viewed on our web site (including HTML pages, graphics, etc.). We use log file information to analyze data in the aggregate to determine the trends and usage of our site. We do not, and will not, disclose, sell, rent or share any information derived from log files with any third parties.

Limitation of Liability.
IN NO EVENT WILL VIVIRA PROJECTS PVT LTD., ITS SUPPLIERS, ITS SERVICE PROVIDERS, OR OTHER THIRD PARTY AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SERVICE; ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES; CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION; AGGREGATE LIABILITY OF VIVIRA PROJECTS PVT LTD. OR ANY OF ITS SUPPLIERS, SERVICE PROVIDERS, OR THIRD PARTY AFFILIATES. IN NO EVENT SHALL VIVIRA PROJECTS PVT LTD. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF VIVIRA PROJECTS PVT LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEB SITE. NOTE THAT IN ORDER FOR THE SERVICE TO FUNCTION (INCLUDING EMERGENCY NOTIFICATION SERVICES), THE MOBILE DEVICE ONTO WHICH THE AUTOMATIC APPLICATION IS INSTALLED MUST BE LOCATED IN THE VEHICLE ASSOCIATED WITH YOUR SERVICE AND THE HARDWARE MUST BE PROPERLY INSTALLED IN YOUR VEHICLE. THE MOBILE DEVICE MUST ALSO HAVE ADEQUATE NETWORK AND DATA SERVICE IN THE LOCATION WHERE NEEDED.

Payment.
Fees and Charges: You agree to pay Vivitrack the total charges for use of the Services, including, without limitation, service fees, administration costs incurred by Vivitrack if your account is past due, plus any applicable federal, provincial or regulatory taxes or surcharges, incurred in connection with the use of the Services (as all such fees may be changed from time to time). Vivitrack shall have the right to change the amount of fees and charges from time to time at its discretion and upon reasonable advance notice.

Billing Information: You are responsible to ensure that the billing information you provide Vivitrack is accurate. You agree to promptly notify Vivitrack of any changes in your billing information.

Billing Errors: Subject to applicable law, you must notify Vivitrack of any billing errors or other requests for refund within fifteen (15) days of the date on which the error occurred.

Refund: Prepaid payment is non-refundable ninety (90) days after the payment was made.

Termination and Expiration.
Term: The term of this Agreement shall commence upon the installation of your Service, and shall continue on a month to month basis thereafter until terminated as provided for in this Agreement or until superseded by a revised Service Agreement.

Termination by You: You may terminate this Agreement for any reason at any time by providing Vivitrack with verbal or written notice of termination, in accordance with the terms of this Agreement.

Termination by Vivitrack: We may terminate this Agreement (i) at any time without prior notice if you fail to comply in full with any term of this Agreement, or (ii) for any other reason upon thirty (30) days notice to you. In the event Vivitrack terminates the Service for any reason other than your violation of this Agreement, any fees and charges will accrue through the date of termination but any prepaid monthly service fees for Service not received will be refunded (less any outstanding amounts due).

Indemnification.
You agree to indemnify and hold Vivira Projects Pvt Ltd. and its subsidiaries, affiliates, telecommunications providers, service providers, officers, employees, and agents harmless from any claim, liability, loss, expense, or demand, including attorneys’ fees, related to a user’s violation of the terms and conditions or the use of the services and information provided at this web site. Use of Vivitrack for Lawful, Internal Purposes Only. You agree that the client software may send your known location to the Vivitrack server. You are solely responsible for your conduct with respect to any Information, including without limitation your conduct in creating, storing, transmitting, disseminating, accessing, receiving, or using any information.

System Abuse Policy.
System abuse is strictly prohibited. Vivitrack may terminate or modify service immediately if the client engages in system abuse. Following is a list of actions which are defined to be system abuse. This list is non-exclusive: attempting to circumvent user authentication or security of any host, network, or account on Vivira Projects Pvt Ltd. or the Internet at large; attempting, in any way, to interfere with or deny service to any user or Vivitrack servers, or any host on the Internet; attempting to reverse engineer, de-compile, or disassemble any of Vivitrack’s software; Any other activity or activities that Vivitrack in its sole discretion determines is unethical or damaging to our other customers, users of the Internet, or Vivitrack’s Network. Vivitrack reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the this site and service, at any time, including, without limitation, for overuse or abuse of this site, without prior notice or liability.

Disclaimer of Warranties.
This service is provided by Vivira Projects Pvt Ltd. on an ‘as is’ basis. Neither Vivitrack, nor its partners, providers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the service, its contents, or any information made available by or through the service. Vivira Projects Pvt Ltd. disclaims all warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or any infringement. Furthermore, Vivira Projects Pvt Ltd. does not warrant that use of the service will be uninterrupted, available at any time or from any location, secured, and error-free. Every reasonable effort has been made to assure the accuracy of the data provided; nevertheless, some information may not be accurate. The burden of determining the accuracy, timeliness, completeness or appropriateness of use rests solely on you, the user.