1. Our company is hereinafter collectivity referred to as “OnTrack Solution++”.
2.
The service offerings are under the full discretion of OnTrack Solution++. Need to do the technical feasibility before
providing the service.
3. Customer acknowledges that the OnTrack Solution++ Fleet Management System/Smart Car
Security System OnTrack Solution++ (hereinafter referred to as “service”) are rendered by OnTrack Solution++ 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 OnTrack Solution++ including but not limited to physical obstruction, availability or
performance of network, geographic condition, radio signal interference, non availability of power, fault or
modification in other telecommunication network to which OnTrack Solution++ network is connected, non receipt or delay in
receipt of suitable right of way, equipment damages, modification of equipment or infrastructure or any other
reasons not within the control of OnTrack Solution++. In connection with the foregoing, OnTrack Solution++ does not guarantee for an
uninterrupted or fault‐free service and shall not be responsible for any delays and errors in the transmission of
service.
4. Service is provided in India to Indian citizen 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. OnTrack Solution++ shall not be responsible for any claim of any nature other than
the claim relating to any disruption in services due to any act or omission of OnTrack Solution++.
6. Customer shall
be solely responsible to protect the tracking device, two way communication and all other sensors provided by
OnTrack Solution++ from any misuse, theft or any damages. In the event of any damage to any such equipment, customer shall
approach the equipment manufacturer or its authorized service center for repairs. 7. OnTrack Solution++ 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 OnTrack Solution++, its officer, employees,
directors, affiliates, contractors, agents, vendors fully indemnified and harmless against any such claims and
obligations.
8. It shall be the responsibility of the customer to provide correct inputs and data to
OnTrack Solution++ for availing the service. Customer shall be required to provide correct, accurate and updated details of
himself/herself including details relating to age, address, identity, ownership of vehicle and must submit all
necessary proof for authenticating the details provided for availing services. OnTrack Solution++ shall not be under any
obligation but shall be entitled to verify details provided by the customer and incase of any discrepancy found in
the details provided by the customer. OnTrack Solution++ shall be entitled to immediately discontinue offering service to
such customer.
9. OnTrack Solution++ reserves the right to discontinue providing service to any customer if such
customer violates any of the terms and conditions of the service. Any customer providing any incorrect information
or concealing/withholding any information from OnTrack Solution++ with an intent to avail the service will automatically be
disqualified from availing the service, such act of providing incorrect information or concealing/withholding any
information will also include but not limited to incorrect declaration of information of relating to name, age,
identity, address, mobile connection, ownership of 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 activity which may be construed or
result/ imply/ culminate in an untoward illegal, antisocial or criminal activity such activity will result in
immediate discontinuation of service and disassociation of OnTrack Solution++ from the customer and may invite criminal
proceedings against the customer.
11. For queries related to usage, validity and connectivity, customers
must contact the customer care.
12. OnTrack Solution++ reserves the right to terminate the services in the event of
non‐payment of outstanding bills issued by OnTrack Solution++ in accordance with the tariff plans opted by the customer and
the extend of usage or any default on the part of the customers.
13. Billing with respect to the
subscription and usage of this service will be done separately.
14. OnTrack Solution++ shall not be responsible for
any actions taken by its customers or others as a result of its services.
15. The customer shall be
required to purchase the equipment from the direct sales associate and authorized dealers by OnTrack Solution++ for sale of
equipment. OnTrack Solution++ shall not be under any obligation of providing any service to the customer, if the equipment is
purchased by the customer from the entity other than the direct sales associate and authorized dealers by OnTrack Solution++
for selling the equipment.
16. All charges and tariff 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 an illegal use of the equipment and/ or service and shall defend, indemnify and hold harmless
OnTrack Solution++ 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 and/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. OnTrack Solution++ reserves the absolute right to take appropriate
legal action against the customer in the event 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 OnTrack Solution++. OnTrack Solution++ shall not be responsible for any cost,
expense, damage, claim, demand, suit, prosecution, arising due to mismanagement breach of requisite security level,
hacking of web and mobile access, username and password or similar incidences.
19. The customers
understands and agrees 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
purpose only.
20. OnTrack Solution++ agrees to provide the service on best effort basis, but do not take any
responsibility of the accuracy/ latency of the input feed and the same should not be used for any detection, claim,
damage, dispute or legal purpose by the customer or any one acting for or on behalf of the customer. No third party
claim of any nature will be entertain by OnTrack Solution++ in this regard.
21. The customer shall have to access
our website and set his/her username and password for portal access to track his or her
vehicle registered under the service on “OnTrack Solution++.in”.
22. The customer is responsible for
preservation of the web and mobile username password and OnTrack Solution++ shall not be responsible for any mismanagement or
confidentiality breach of username and password.
23. The customer shall at his sole costs and consequences,
be free to share his/her web and mobile username and password to any number of third parties at his/her discretion.
The customer shall be free to allow any third party to track him/her on web portal with username and password.
However, OnTrack Solution++ shall not be responsible for any misuse of mobile username and password and any claim, demand,
damage, suit, cost; expense in this regard will not be entertained by OnTrack Solution++.
24. OnTrack Solution++ shall not be
responsible for any breach of privacy obligations between third parties or whosoever, who are being tracked through
the equipment and it shall be sole and exclusive responsibility of the customer to inform all concerned of the fact
that the vehicle is under surveillance and equipment is installed in his/her vehicle for tracking the
vehicle.
25. OnTrack Solution++ shall not be responsible for any default, failure, deficiency, inaccuracy in the
service due to any reason not within the control of OnTrack Solution++. The customer undertakes not to raise any claim,
demand, damage, cost, expense against OnTrack Solution++.
26. OnTrack Solution++ reserves the right to
change/modify/terminate the service any time at its own discretion by giving prior notice but without assigning
reasons to customer.
27. The right to use the service is subject at all times to the terms and conditions of the
service as specified www.OnTrack Solution++.in
28. OnTrack Solution++ may
temporarily deactivate/stop/discontinue this service, for maintenance purpose with prior notice to
customer.
29. OnTrack Solution++ shall be entitled to change, alter, modify, cancel, suspend the service as it may
deem fit either consequent to any statutory or regulatory order/ direction, etc or on account of any other
reason.
30. Service is non endorsable, not transferable and non substitutable.
31. OnTrack Solution++ 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. OnTrack Solution++ 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 condition shall
be final and binding on the customer.
34. OnTrack Solution++ shall not be responsible for any loss, damage, cost,
expense, claim, demand raised by the customer or any other person acting for or on behalf of the customer due to any
of following reasonsa. Customer is unable to use the service due to any reason not within the control of
OnTrack Solution++.
b. Customer is unable to subscribe the service for reasons due to any other reason
beyond the control of OnTrack Solution++.
c. Customer is unable to understand the terms and conditions of the
service.
d. Customer is unable to understand the process of activation of service or is unable
to activate the service.
e. Customer is not complying with any of the terms and conditions of
the service.
f. Customer has violated any of the terms and conditions of the
service.
g. Customer default in making payment to OnTrack Solution++ with respect to the equipment
purchased and/or services availed by the customer.
h. Any other reasons not within the control
of OnTrack Solution++.
35. In order to avail the service from OnTrack Solution++, the customer shall be required
to furnish the request application form, photograph and other information and documents as may be specified by
OnTrack Solution++ and relationship between OnTrack Solution++ and the customer with respect to the service shall be governed as per
the provisions of the said applications and other applicable document submitted/furnished by the customer or issued
by OnTrack Solution++.
36. The courts in the terms/city where OnTrack Solution++ 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. A part from these terms and condition, there are no oral or implied agreements and no
oral and implied warranties or understanding between the OnTrack Solution++ and the customer with respect to the subject
matter hereof.
38. OnTrack Solution++ fitted with mobile SIM no. mentioned on the warranty card will be exclusively
used for vehicle tracking system only. Misuse of the SIM‐card other than the tracking system thereby creating any
problems will be responsibility of the customer, and is liable to legal consequences at the cost of the user.