1.1. These Terms and Conditions ("T&C") govern the use of the Waypals Connected Vehicle Service (hereinafter referred to as " Waypals ", "we", “our” or "us"). These T&C read with the individual agreements executed with the user of Waypals service (hereinafter referred to as “Subscriber”, “User” or “You”) represent the whole operational understanding, i.e. terms of usage of the Service in the mutually agreeable manner between Waypals and the Subscriber, (individuals or otherwise), for a fee.
1.2. Waypals may, at its sole discretion, change/modify/rescind any and/or all of these “Terms and Conditions” at any time, for whatever reasons, with or without notice to Subscribers. Such changes or modifications shall be in force for all Subscribers with effect from posting of the modified Terms and Conditions to this web address: “WWW.WAYPALS.COM” and WAYPALS MOBILE APPLICATIONS on both ANDROID and iPHONE. We reserve the right, at our sole discretion, to change or modify portions of this T&C at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We expect our customers to check ”Terms & Conditions” on our website of mobile application. Any such changes will be effective immediately. Your continued use of the Services or Hardware after the date any such changes become effective constitutes your acceptance of the new T&C.
1.3. The Subscriber shall at all times be bound by these T&C and/or any modifications there to and further, acknowledges that it has full knowledge of these “Terms and Conditions” and thereby has not relied on and shall have no remedy in respect of any statement, terms, conditions, representation, warranty, understanding, promise or assurance other than as expressly set out hereunder and the agreement executed with us, whether willfully or negligently made by any person.
The “Service” includes: (A) Waypals Website . (B) Waypals Connected Vehicle Services. (C) Mobile applications and other software, data, reports, text, images, sounds, video, and content made available through any of the foregoing. Waypals service may or may not include hardware devices. If you buy a service with a hardware device, the device will be connected to your vehicle as a part of the Service. Any updates or new features added to or augmenting the Service or the Hardware are also subject to this T&C. To keep the Software up-to-date, you agree that Waypals may automatically provide you with such updates without your further consent or notice to you.
3.1. Subject to the terms and conditions, you may access and use the Service and Hardware only for lawful purposes. You shall not: (A) Sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any Third Party (“TP”) without informing Waypals. (B) Use the Service or the Hardware (if included in your service) in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service, the Hardware (if included in your service) or their components. (C) Modify, adapt or hack the Service or the Hardware (if included in your service) to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks. (D) Use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware. You shall comply with any codes of conduct, policies or other notices Waypals provides you the Service and you shall notify Waypals if you learn of a security breach related to the Service.
3.2. Any software that may be made available by Waypals as part of the Service, such as Waypal’s Website, mobile applications and any software embedded on the Hardware (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
3.3. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post”) in connection with or relating to the Service or the Hardware (“User Data”). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Waypals reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Service, you hereby do and shall grant Waypals a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Data in connection with the Service. Waypals has the right, but not the obligation, to monitor the Service, Content or User Data. You further agree that Waypals may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4. Waypals uses reasonable security measures to protect the data we receive via the Services and Connected Vehicle. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Services and Hardware and sharing information at your own risk.
3.5. The Service includes certain services that are available via a mobile device. By using the Mobile Services, you agree that we may communicate with you by SMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Waypals account information to ensure that your messages are sent to the correct number. In the event that you fail to comply with the obligation to promptly update your Waypals account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.
3.6. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
3.7. The failure of Waypals to exercise or enforce any right or provision of this T&C shall not be a waiver of that right. You acknowledge that this T&C is a contract between you and Waypals, even though it is electronic and is not physically signed by you and Waypals, and it governs your use of the Service and Hardware (If included in service) and takes the place of any prior agreements between you and Waypals related to the subject matter hereof.
3.8. Service Quality and Disclaimer of Warranties: Waypals promises good quality of Service to all its Subscribers, subject to the conditions mentioned herein. In this regard, information regarding location data, due dates, provided by Subscriber may be used to transmit automated services by our system. The service, including the site, content and any data or other information provided by the hardware, software or service, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, and Waypals expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, quality, accuracy, timeliness, completeness, correctness or reliability. Waypals makes no warranty that 1. The service or hardware will meet your requirements. 2. The service or hardware will be uninterrupted, timely, secure, virus-free or error-free. 3. The analyzed data that may be obtained from the use of the service or hardware will be accurate or reliable. 4. The quality of any services, information, or other material purchased or obtained by you through the service will meet your expectations. No information, advice or services obtained by you from Waypals or through the service shall create any warranty not expressly stated in this T&C. 5. Waypals is not liable for the actions or inactions of the user, or of any emergency responders or other service providers we may contact on your behalf, or for the service’s inability to contact any emergency responder or other service provider in any particular situation. 6. IN ORDER FOR WAYPALS SERVICE TO WORK PROPERLY, WAYPALS DEVICE AND MOBILE PHONE ONTO WHICH WAYPALS APPLICATION IS INSTALLED, MUST HAVE ADEQUATE NETWORK AND DATA SERVICE IN THE LOCATION WHERE VEHICLE OR USER PHONE IS LOCATED. WAYPALS IS NOT LIABLE TO PROVIDE ANY SERVICES INCASE NETWORK CONNECTVITY OR DATA CONNECTIVITY IS NOT AVAILABLE AT ANY POINT OF TIME OR LOCATION. 7. WAYPALS WILL TRY ITS BEST TO DETECT CRASH/ACCIDENT, BUT ALL CRASHES MAY NOT BE DETECTED. WAYPALS DOES NOT GUARANTEE THAT THE SERVICE OR HARDWARE WILL DETECT AND/OR REPORT ALL VEHICLE CRASHES TO YOUR EMERGENCY CONTACTS.
3.9. Warranties: Waypals makes no warranties whether expressed or implied, regarding the Service(s). Waypals Services does not authorize anyone to make any warranties on its behalf and Subscriber must not rely on any such statement.
4.1. When a subscriber applies to use Waypals Service(s), he/she/it shall be required to select a User ID and Password to avail of the Service(s). The User ID and Password are the means through which it shall access the Service(s).
4.2. Subscriber acknowledges and agrees that it is his/her responsibility to safeguard the User ID and Password he/she selects, from any unauthorized use.
4.3. In no event shall Waypals be liable for the unauthorized use or misuse of Subscriber’s User ID or Password.
4.4. Subscriber is responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in his/her account control panel.
5.1. Any Subscriber engaging in the conduct, mentioned hereinafter, shall be considered in breach of these T&C and as a consequence to such a breach, Waypals reserves the right to immediately terminate our Service, without any prior notice and Subscriber shall in such an event have no right to recover any user/subscriber fee paid to avail of these services. The following is the non-exhaustive/non exclusive list of the prohibited conduct in this regard: (A) Use of the Service contrary or in contravention of with the Laws of India (B) Posting any message/other communication, which is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, caste, regionalism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material; (C) Posting such messages/communications infringing or violating any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party; (D) Posting messages/communications must not disclose any personally identifying information or private information about any third parties without their express consent. (E) Any Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Waypals service, solution or technology. (F) Any other illegal, immoral or unethical conduct.
6.1. The Service (s) is/are provided on an "as is" and "as available" basis and the use of the Service is at Subscriber’s own risk. Waypals makes no representations or warranties, either expressed or implied, with respect to the services, or any hardware/software/apparatus or information provided while delivering Services to Subscribers. Waypals in no circumstance will be responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Waypals.
6.2. Waypals, disclaims any liability for indirect, consequential, incidental, special and/or exemplary losses suffered by Subscriber while availing Services and therefore in no event will Waypals be liable to the Subscriber for any indirect, incidental or consequential damages or economic loss arising out of the Service or any other services provided to the Subscriber.
6.3. Waypals, its officers, directors, owners, agents and employees shall in no way be liable to the Subscriber or anyone else for any loss or injury resulting from the use of the Service.
6.4. In no event shall Waypals be held liable for any damages or economic loss, whatsoever, as a result of notifying any Govt. official, under a legal obligation, for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
6.5. Waypals shall not be liable for incorrect or absence of information on account of device failure caused either by power failure, internet failure or for any causes beyond the control of Waypals.
6.6. Further if the device is tampered with or stolen from vehicle, Waypals shall not be liable for any losses arising out of such an unforeseen eventuality.
6.7. Apart from the above, Waypals shall not be liable for any unavailability of the data due to any technical/manufacturing fault in the Subscriber(s) vehicle causing such unavailability of the data.
You agree to indemnify and hold Waypals harmless from and against, and to reimburse Waypals with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of any nature whatsoever incurred by Waypals by reason of or arising out of or in connection with or as a consequence of: (A) Any breach of these “Terms and Conditions” by you. (B) Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website. (C) Illegal, pornographic, or discriminatory content posted by you on our website.
8.1. Waypals will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other similar force majeure events beyond our control that may prevent or delay service provisioning.
9.1. These T&C shall be governed by and construed in accordance to the laws of India. Any proceedings arising out of or in connection with these T&C shall be brought only before the court of competent jurisdiction in Chandigarh, India.
You represent and warrant to Waypals that: (A) You have full power and authority to enter into this T&C. (B) You own all your data or have obtained all permissions, releases, rights or licenses required to engage in your data collection using the Hardware, posting and other activities in connection with the Service without obtaining any further releases or consents. (C) User Data and other activities in connection with the Service, do not and will not violate, infringe, or misappropriate any TP’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right. (D) User Data does not contain any matter that is defamatory, obscene, unlawful, threatening, abusive, offensive or harassing.
User can terminate his/her account at any time in accordance with the procedures set forth by Waypals. Waypals reserves the right to: (A) Discontinue the Service (temporarily or permanently) (B) Refuse any and all current and future use of the Service, suspend or terminate your account and remove and discard any User Data in the Service, for any reason, including if Waypals believes that you have violated this T&C. (C) Waypals shall not be liable to you or any TP for any suspension or discontinuation of the Service or Hardware. Waypals may keep or permanently delete all user data on the Service upon termination of your account.