Please read the following terms and conditions carefully before registering, accessing, Sam GPS tracker and Sam GPS security mobile applications. By using the device and the mobile applications, you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the device and uninstall the mobile applications.
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being of at least of 18 years of age as an individual user of the device and mobile applications and Quell Tech India Pvt. Ltd., registered at A-105, Ganga Vihar, Delhi 110094 . All services are rendered by Quell Tech India Pvt. Ltd. through its hardware device under the brand name "Sam” and the mobile applications (Sam GPS security). Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Quell Tech India Pvt. Ltd. (together with its subsidiaries and other affiliates).
The device and the applications can be used subject to your adherence to the terms and conditions set forth below including relevant policies. Quell Tech India Pvt. Ltd. reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay informed of any changes that may be introduced.
The device and the applications shall not be used by persons under the age of 18. By using the device and registering with the associated applications you are
By using the device and the applications you agree not to:
You agree that Quell Tech India, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) and remove and discard all or any part of your account, your user profile, at any time. You agree that any termination of your access to the applications or a portion thereof may be effected without prior notice, and you agree that Quell Tech India will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity will be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Quell Tech India may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the device and the applications.
In no event will Quell Tech India or its partners be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the device or the applications, or (iii) your use or inability to use the device or applications (including any and all materials), even if Quell Tech India or their authorized representative has been advised of the possibility of such damages. In no event will Quell Tech India or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the device or the applications, (iii) your use or inability to use the device or the applications, however caused and whether arising in contract, tort including negligence and warranty.
If the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Quell Tech India's liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold Quell Tech India, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licencors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the applications, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. This paragraph shall survive termination of this Agreement.
Use of the device or the applications is at your own risk. The device or the applications are provided on an “as is” basis. To the maximum extent permitted by law: (a) Quell Tech India disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the device or the applications; and (b) all implied warranties, terms and conditions relating to device or the applications (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between Quell Tech India and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the app; or any damage or injury to users or their equipment as a result of or relating to their use of device or the applications. Your statutory rights will not be affected.
Quell Tech India will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the device or the applications, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
The applications are owned and operated by Quell Tech India. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), software, and all other elements of the applications (the materials) provided by Quell Tech India are protected by Indian copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. You agree not to remove, obscure, or alter Quell Tech India’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within the applications. Except as expressly authorized by Quell Tech India you agree not to sell, license, distribute, copy, modify, publicly display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Quell Tech India reserves all rights not expressly granted in this Agreement. If you have comments regarding the applications or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Quell Tech India, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Quell Tech India reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 48 hours after the initial posting. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the applications. For certain changes, Quell Tech India may be required under applicable law to give you advance notice, and Quell Tech India will comply with such requirements.
Quell Tech India may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Notice to Quell Tech India must be sent by courier or registered mail to Quell Tech India Pvt. Ltd. A-105, Ganga Vihar, Delhi 110094 .
The failure of Quell Tech India to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Quell Tech India.
Quell Tech India may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or Quell Tech India (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Quell Tech India must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted here under, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and Quell Tech India relating to the subject matter hereof and will not be modified except in writing, by a change to this Agreement made by Quell Tech India in accordance with the terms of this Agreement.