The Netra360 GPS Vehicle Tracking Services are provided by CYBERNETICS, using a device and other hardware installed in your vehicle (“Netra360 Unit”) which receives global positioning satellite (GPS) signals and communicates with the response centre via wireless and landline communications networks. The availability and use of Netra360 Services are subject to many limitations, including the following:
(a) Services are available only if you have activated your Netra360 account with CYBERNETICS;
(b) Services are available only if your vehicle ignition is on, and your vehicle battery is charged and connected;
(c) Services are available only if you are within operating range of the designated wireless network;
(d) Services may be impaired by land-line and wireless communications problems caused by atmospheric or topographical conditions, busy cells, capacity limitations, equipment problems, equipment maintenance, and other factors and conditions;
(e) Services may be affected by inherent limitations of your vehicle’s electrical system and architecture, or if any of the components of your vehicle’s Netra360 Unit have been damaged or are defective;
(f) Services are not available if the GPS system is not working or the signals are obstructed;
(g) A small error built into the GPS system may impair CYBERNETICS’s ability to determine your vehicle’s precise location; and
(h) Services may be limited to geographic areas where map data available in CYBERNETICS’s databases, which may be less than that which is otherwise generally available. Netra360 GPS Tracking system uses analog and/or digital cellular telephone signals. If the wireless carrier terminates or restricts analog and/or digital service, the Netra360 Services will not be available.
UNDER THIS CIRCUMSTANCE, SOME OR ALL OF THE NETRA360 SERVICES MAY BE SUSPENDED OR TERMINATED WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO CYBERNETICS,THE UNDERLYING WIRELESS CARRER OR ANY THIRD PARTY BENEFICIARY.
# Termination or Transfer of services
You or a subsequent owner of your vehicle may terminate your account for Netra360 GPS Tracking Services to your vehicle, upon submission of proper documentation to CYBERNETICS. You may transfer the Netra360 Services to another properly equipped vehicle owned or leased by you, or you may transfer the Netra360 Services to a subsequent owner of your vehicle upon submission of proper transfer documentation to CYBERNETICS.
CYBERNETICS may charge a fee to transfer the services. Use of the Netra360 GPS Vehicle location services by a subsequent owner will constitute the agreement of the subsequent owner to be bound by the terms and conditions contained herein.
1. Duties You agree to:
(a) be fully responsible for the protection of your password;
(b) use the emergency and roadside Netra360 Vehicle Tracking Services only for actual emergencies and roadside assistance needs;
(c) follow the instructions for use of the Netra360 Unit and the Netra360 GPS Positioning Services
(d) furnish all contact and other information requested by CYBERNETICS and notify CYBERNETICS immediately of any change in the information or in the ownership of your vehicle
(e) properly maintain your vehicle and the Netra360 Unit
(f) not use the Netra360 Services in violation of any laws or for any unlawful or abusive purpose
(g) not use the Netra360 Automatic Vehicle Location Services in any manner that could harm CYBERNETICS, the underlying wireless carrier or any other person and
(h) use the map, routing and traffic information and other content included in the Netra360 GPS Tracking Services only for your own personal use and not resell, retransmit or modify the information and content.
- Service duration
The initial term of this agreement is one year, or the longer period you have selected in the service Plan. This agreement will automatically get renewed for successive one-year renewal terms, unless you or CYBERNETICS serves notice of cancellation to the other party at least 30 days before the beginning of the next renewal term. You may cancel service either by sending a written cancellation notice to CYBERNETICS. You must provide your password to cancel service. CYBERNETICS will endeavour to notify you prior to the beginning of each renewal period. CYBERNETICS will send written notice to you at least 45 days before the beginning of any renewal term if CYBERNETICS is changing the subscription fee or any of the Netra360 Tracking Services included in your Service Plan. If you fail to timely deliver a cancellation notice, then your Netra360 Services will continue and you will be liable to pay charges for the next year.
3. Subscription Fee
The subscription fee for the service plan you have selected is payable in advance of the initial term or any renewal term thereafter. The subscription fee is not refundable. The fee for routing assistance is charged on a per-use basis and is payable as per selected plan. If the payment is not made within the due date, late fee will be charged. You authorize CYBERNETICS to charge your account for all fees, wireless charges, taxes and other amounts due under this agreement. You authorize CYBERNETICS to review your credit history and obtain credit reports to determine your credit worthiness. If CYBERNETICS determines that you are not credit worthy, CYBERNETICS may either refuse to extend credit to you, or may refuse to provide Netra360 Tracking Services, or may cancel this agreement at its sole discretion.
4. Taxes and Other Charges
You are liable for and agree to pay all sales and telecommunications taxes, and all other taxes, fees, levies and charges imposed on you, by CYBERNETICS, the underlying wireless carrier or the Netra360 Unit manufacturer, in connection with the purchase and installation of the Netra360 unit and the provision and use of the Netra360 GPS Tracking Services. The taxes, fees and charges will be added to your bill.
If is there any courier charges available at your location then it must be pay your end.
5. Wireless Network Charges
Except as stated hereinabove, you are liable for and agree to pay all telecommunications costs, including wireless access and airtime charges, associated with Netra360 GPS Tracking Services to your vehicle. The costs will be added to your bill.
6. Termination or Modification for Excessive Use
If CYBERNETICS determines that your usage of the Netra360 GPS Tracking Services is so excessive that it interferes or could interfere with CYBERNETICS’s ability to provide timely, high-quality telematics services to its other subscribers, or if CYBERNETICS determines that your usage constitutes a nuisance or is otherwise not consistent with the terms of this agreement, then CYBERNETICS may at its sole discretion suspend, modify or terminate the Netra360 GPS Positioning / Tracking Services provided to you, without any advance notice. These rights are in addition to those stated hereafter under the title “Default and Termination.”
7. Responsibility in Emergency Situations
It is specifically understood by the parties that Netra360 GPS Tracking Software of CYBERNETICS is confined only to the extent of recording of real time movements of vehicles etc. and generating reports based on the data received by the server through GPS mechanism. CYBERNETICS is not at all liable for any consequences whatsoever on account of any “S.O.S.” or panic alerts triggered by the device in case of any emergency. When CYBERNETICS receives an “S.O.S.” signal from your vehicle, CYBERNETICS will attempt to determine if an emergency exists. If CYBERNETICS believes an emergency exists, CYBERNETICS will attempt to contact a public safety provider or answering point to request assistance. CYBERNETICS will also attempt to call one of your third party emergency contacts. Nevertheless, attending to SOS calls is not covered by this Agreement. Instead, such SOS calls may be attended to by CYBERNETICS purely on humanitarian consideration without any consequential responsibility. Neither CYBERNETICS, nor resellers nor the underlying wireless carrier guarantee that CYBERNETICS will successfully contact the appropriate emergency agency or your third party emergency contacts, or that emergency personnel will respond to the call or locate your vehicle. Neither CYBERNETICS, nor any resellers nor the underlying wireless carrier is responsible for any failure or delay in responding to an emergency or for the quality of service delivered or any consequence thereof, whether the failure is the fault of CYBERNETICS, the underlying wireless carrier or any third party service provider. You release CYBERNETICS, resellers and the underlying wireless carrier from all liabilities and losses (including physical injury or death) that you or others may suffer in an emergency situation.
8. Special Information Concerning Wireless Service
You do not have any right in the wireless phone number assigned to your Netra360 Unit. CYBERNETICS can change the number at any time. As a condition to providing wireless service, the Underlying Wireless Carrier requires that you agree to the following terms:
“That you have no contractual relationship whatsoever with the Underlying Wireless Carrier and that you are not a third-party beneficiary of any agreement between CYBERNETICS and the Underlying Wireless Carrier.
IN ADDITION,YOU EXPRESSLY AGREE THAT THE UNDERLYING WIRELESS CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU.”
9. Default and Termination
If you fail to timely pay any amount due under this agreement, CYBERNETICS may terminate this agreement at it sole discretion upon 10 days written notice to you. If you breach any other term of this agreement, CYBERNETICS may terminate this agreement upon 30 days written notice to you. These rights are in addition to any others CYBERNETICS may have. If CYBERNETICS brings an action to enforce its rights against you, you agree to pay all reasonable costs of enforcement, including attorneys’ fees.
IF CYBERNETICS TERMINATES THIS AGREEMENT, YOU WILL NOT BE ABLE TO ACCESS ANY OF THE NETRA360 SERVICES, INCLUDING EMERGENCY SERVICES, AND YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT.
10. Force Majeure
CYBERNETICS will not be responsible for the failure to provide Netra360 Vehicle / Personal Tracking Services to you if caused by any of the following: any act or omission of any wireless carrier (including interruption of cellular service), any emergency agency or any other third-party service or product provider; equipment failures or shortages; damage to the CYBERNETICS response canter, any land or wireless communications networks or the GPS system; acts of nature (natural calamity e.g., earthquake, hurricane, floods etc.), labor strikes, civil commotion, riots or war; or any other act or event that is beyond reasonable control of CYBERNETICS.
UNDER ANY OF THESE CIRCUMSTANCES, CYBERNETICS MAY AT ITS OPTION SUSPEND OR TERMINATE ALL OR SOME OF THE NETRA360 GPS TRACKING SERVICES OR TERMINATE THIS AGREEMENT ALTOGETHER WITHOUT ANY PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY. MOREOVER, YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT OF THE FEE AND CHARGES ALREADY PAID TO CYBERNETICS
11. Disclaimer of Warranties
CYBERNETICS’s limited warranty extends only to the Netra360 GPS Tracking Unit sold by it, and does not cover the Netra360 Services or the wireless service. EXCEPT FOR THE TRACKING UNIT’S LIMITED WARRANTY, NEITHER CYBERNETICS NOR ANY RESELLERS OR ANY THIRD PARTY BENEFICIARY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES (INCLUDING ANY CONTENT OR OTHER INFORMATION DELIVERED TO YOU AS PART OF THE SERVICES),THE WIRELESS SERVICE OR THE NETRA360 UNIT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES WITH REGARD TO THE GPS TRACKING SERVICES, THE WIRELESS SERVICE OR THE UNIT ARE EXPRESSLY DISCLAIMED.
12.Limitations of Liability
- The Netra360 Services are provided to you merely as a convenience and are not intended as a substitute for insurance. The amount of fees and other charges for Netra360 Services are not related to the value of your vehicle or its contents or to the potential cost of any injury or loss suffered by you or anyone else. You should obtain and maintain adequate insurance covering such injuries and losses. YOU AGREE TO RELEASE CYBERNETICS, resellers and the underlying wireless carrier AND EACH THIRD PARTY BENEFICIARY FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE NETRA360 SERVICES, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE NETRA360 SERVICES, EVEN IF CAUSED BY THE NEGLIGENCE OF CYBERNETICS OR THE MALFUNCTION OF THE NETRA360 UNIT. YOU AGREE TO INDEMNIFY CYBERNETICS, the underlying wireless carrier AND EACH THIRD PARTY BENEFICIARY AGAINST ALL SUCH CLAIMS, LIABILITIES AND LOSSES BROUGHT BY THIRD PARTIES. YOU FURTHER AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
- NEITHER CYBERNETICS, the underlying wireless carrier, NOR ANY THIRD PARTY BENEFICIARY WILL BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) IN CONNECTION WITH THE NETRA360 TRACKING SERVICES OR THE NETRA360 UNIT, EVEN IF CYBERNETICS, the underlying wireless carrier, OR THE THIRD PARTY BENEFICIARY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY).
(c) IF CYBERNETICS, the underlying wireless carrier, OR ANY THIRD PARTY BENEFICIARY IS FOUND LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF ALL THESE PARTIES TO YOU FOR ANY CLAIM IS LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE NETRA360 GPS TRACKING SERVICES DURING THE PRECEDING TWELVE MONTHS FROM THE DATE OF CAUSE OF ACTION OF YOUR CLAIM. NEITHER CYBERNETICS, nor the underlying wireless carrier NOR ANY THIRD PARTY BENEFICIARY WOULD HAVE AGREED TO PROVIDE THE NETRA360 GPS TRACKING SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF CYBERNETICS, or the underlying wireless carrier OR THE THIRD PARTY BENEFICIARIES TO YOU, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EXCEPT WHERE PROHIBITED BY LAW, YOU MAY NOT BRING ANY CLAIM AGAINST CYBERNETICS, or the underlying wireless carrier OR ANY THIRD PARTY BENEFICIARY MORE THAN ONE YEAR AFTER THE CLAIM ARISES.
- Security on Wireless Network
The Netra360 Services employ wireless telephone networks that use radio channels to transmit voice and data. Therefore, neither the privacy nor security of conversations or data over the wireless telephone networks can be guaranteed.
14.Privacy and Subscriber Data
CYBERNETICS will not record, monitor or track your vehicle’s location or other information unless you subscribe for Netra360 GPS Tracking services, or, if required by a validly issued governmental order.
(a) You agree that in conjunction with the provision of emergency, security, roadside assistance and other Netra360 GPS Positioning services, CYBERNETICS may create an electronic or other record of your vehicle’s location, description, direction of travel and other parameters, diagnostics data, and of any incidents involving your vehicle. Your vehicle is also equipped with sensing and diagnostics modules capable of transmitting certain vehicle data or information. You agree that these records, your personal information provided with this form and your account information may be retained by CYBERNETICS and furnished to the underlying wireless carrier and to third party service providers (i.e. emergency responders, concierge service providers). Your consent to the use by us and by third party service providers of these records and your account information for the purposes of providing Netra360 GPS Location Services to you and occupants of your vehicle, enabling CYBERNETICS to maintain communication with you as a customer, and administering your account. Personal information shall not be used or disclosed for any other purpose. If you cancel Netra360 GPS Location services, all personal information, but not necessarily vehicle information, will be retained only as long as necessary for the fulfilment of the aforementioned purposes or for a period necessary to complete billing or comply with applicable laws. You also consent to CYBERNETICS or our dealers and resellers, contacting you or other occupants in your vehicle or at your mailing or electronic address or at your home or business phone number on file regarding Netra360 GPS Tracking services or to discuss your account.
(b) You understand that, for quality assurance purposes, CYBERNETICS may monitor and record conversations between the Netra360 GPS Tracking System response center and your vehicle’s occupants. Additionally, if stolen vehicle recovery is requested or if approached by any Government or any law enforcement agency, CYBERNETICS’s response center specialists may listen to and/or record conversations of the vehicle’s occupants without their knowledge in order to assist in recovering the vehicle. YOU CONSENT TO SUCH MONITORING AND RECORDING AND YOU RELEASE CYBERNETICS AND THE UNDERLYING WIRELESS CARRIER FROM CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT AS A CONSEQUENCE OF ANY SUCH MONITORED AND/OR RECORDED CONVERSATIONS.
(c) YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL AND VEHICLE INFORMATION AS DESCRIBED IN THE NETRA360 GPS TRACKING SYSTEM PRIVACY STATEMENT, which may change periodically. You may obtain a current copy of the Netra360 Privacy Statement and/or request to review or change your personal, vehicle and account information by contacting CYBERNETICS.
(d) CYBERNETICS may be legally compelled to provide location data and other information obtained through the Netra360 GPS Tracking system to law enforcement agencies. You release CYBERNETICS from any claim or liability based upon such disclosure of information under compulsion of law.
15.General Legal Matters
Notices must be given in writing unless the receiving party expressly permits verbal notice. Notices to you will be deemed given if deposited in the postal mail, postage prepaid, addressed to you at the last known address as shown on the records of CYBERNETICS. Notices to CYBERNETICS shall be deemed given when received at CYBERNETICS H.O./, attn: Netra360 Customer Care. We may assign this agreement in whole or in part without notifying you. If any portion of this agreement is held to be invalid or unenforceable by a court, the remaining part of the agreement will continue to be valid and enforceable. This agreement is governed by Indian law. This agreement, including disclaimer of warranties and limitations of liability, will be enforceable against your heirs, successors and assigns.
If you no longer have access to the subscriber agreement you consented at the time service was activated, please contact Netra360 Customer Care to obtain a replacement copy.