YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS REGARDING THE Navyani SERVICE (hereafter, "Navyani") AND THE Navyani and Buddy-NV Devices ("Device"). The words "Navyani," "we" or "us" refer to Navyani Innovations Inc. And its parents, subsidiaries and affiliates. The word "software" refers to Navyani's client side application. The word "You" refers to the account holder, account administrator, subscriber or user of the Navyani or Device.
1. GRANT OF LICENSE. Navyani grants you a revocable, non-transferable and non-exclusive license to use the Device and services provided you comply with all terms and conditions of this agreement. These Terms and Conditions do not grant you the right to distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Device or services, any access to them, or any rights granted hereunder to any other person. All rights not expressly granted herein are reserved by Navyani.
2. SERVICE PRICING. Your credit card will automatically be charged a monthly recurring fee based on the rate plan you select at Navyani to utilize the Navyani software. All rate plans require an initial 12 month service commitment. Use of the device can be terminated within 12 months based on written notice to Navyani.
3. LOCATION SERVICE. You may use the software to locate your Navyani device after entering the appropriate username and password when prompted in software to locate devices. Accuracy of the location information is subject to network capabilities, environmental conditions, and whether or not the devices are powered on and within the carrier's coverage area. Navyani expressly does not warrant the network service provided to it by cellular carriers. Navyani does not guarantee the accuracy, reliability, or usefulness of location information accessed through a cellular carrier providing network transmission or location services to Navyani. Navyani does not take any responsibility for items or people that are not recovered. Navyani reserves the right to set limits on the use of these services at its discretion.
4. CONSENT TO DATA COLLECTION. By providing your consent to these Terms and Conditions and by activating software, You authorize Navyani to collect, use, and disclose geographic location and other personal information (including your name, address, account number, equipment identifiers, and Internet Protocol addresses) necessary to enable delivery of the Navyani service, including functions that are incidental and necessary to such delivery (e.g., invoicing).
5. LAWFUL USE. You agree not to use Navyani software or the location information provided thereby for any unlawful purpose, and you agree to comply with all applicable laws and rules. By using Navyani software, you represent and warrant that all customer information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
6. INTELLECTUAL PROPERTY RIGHTS. The software, Navyani website, and the Device are protected by copyright, trade secret and other intellectual property laws and treaties and will remain the exclusive property of Navyani and its parent company. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
7. RESTRICTIONS. You may not (a) reverse engineer, decompile, or disassemble the software or the Device; (b) modify, translate, adapt, arrange, or create derivative works based on the software or the Device for any purpose, (c) export the software or the Device in violation of Indian Or other applicable export control laws; (d) use the software or the Device outside of the country of purchase or in a manner inconsistent with or in violation of this agreement.
8. INDEMNIFICATION. As a condition of your use of software, and with respect to third-party claims, You agree to indemnify Navyani, its parent, affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, contractors, successors, and assigns from and against any judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys' fees and legal expenses) of any kind attributable to any breach by You of your obligations established herein, your use of software or the Device, or your violation of any rights of a third party.
9. PRODUCT WARRANTY FROM NAVYANI WITH RESPECT TO THE DEVICE. The Device is a product of Navyani Innovations Inc., Navyani offers the following Product Warranty on the Device, which warranty is incorporated into these Terms and Conditions:
Navyani warrants that its Products are free from material defects and faulty workmanship for a period of twelve (12) months from the date of purchase. Navyani will repair or replace, at its option, any Product that breaches this warranty during said period. This warranty does not cover and is void with respect to:
Products which have been improperly installed, repaired, or modified;
Products which have been subjected to abuse, misuse, physical damage, exposure to fire, water or excessive moisture or dampness;
Products which have been opened, repaired, modified or altered by anyone other than Navyani's authorized service center;
Products on which the serial number has been removed, altered, or rendered illegible; or
Products that are operated outside the limits of the technical specifications of the product.
Repair and/or replacement of Navyani product will be performed through Navyani's return material authorization (RMA) procedure. The customer is required to contact the Navyani customer support to obtain approval and procedure for returning any product under warranty.
EXCEPT AS SET FORTH HEREIN, NAVYANI MAKES NO WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED, AND NAVYANI SPECIFICALLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO ANY PRODUCTS SUPPLIED OR SERVICES RENDERED BY NAVYANI.
In the event that a court of competent jurisdiction determines that Navyani is in breach of any warranty or liable to a customer in any way, the amount of recoverable damages shall be limited to the cost of replacement of any Product found to be defective or non-conforming.
IN NO EVENT SHALL NAVYANI BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHICH ARISE IN ANY WAY OUT OF THE MANUFACTURE, SALE, OR USE OF ITS PRODUCTS OR SERVICES.
10. DISCLAIMER OF WARRANTIES BY NAVYANI. To the maximum extent permitted by applicable law, Navyani provides the Device, software, and any support services relating to the software ("Support Services"), if any, on an AS IS Basis. Navyani does not warrant uninterrupted use or operation of the program or that any data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time, nor does Navyani warrant the accuracy or reliability of any data obtained through software. Navyani HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR WRITTEN, ORAL, CONTRACTUAL OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. Navyani expressly assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft or destruction or unauthorized access to, or alteration of, any use of software through the Internet or other communication services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAVYANI OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS OR REVENUES, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, DEATH, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE DATA OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE DEVICE, SOFTWARE, OR THE SUPPORT SERVICES OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF NAVYANI OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF REMEDIES. THE ENTIRE LIABILITY OF NAVYANI AND ANY OF ITS SUPPLIERS WITH RESPECT TO THE DEVICE, SOFTWARE, OR SERVICES RELATED TO EITHER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR SOFTWARE OR THE DEVICE. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law.
13. TERMINATION. Without prejudice to any other rights, Navyani may cancel your access to SOFTWARE, without notice and without any liability to You, if You do not abide by the terms and conditions of this agreement, in which case You must immediately cease using the SOFTWARE. Your access to SOFTWARE and the license granted hereunder will terminate upon expiration or cancellation of your agreement with Navyani.
14. GOVERNING LAW AND JURISDICTION. Any dispute concerning the Device, Software, any services with respect to either, or the interpretation or enforcement of this agreement, shall be governed by and construed in accordance with the laws of the State of Panipat. Any action arising out of or relating to such dispute shall be filed only in Jurisdiction of Panipat, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
16. SEVERABILITY OF PROVISIONS. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.