We, KPIT (KPIT Technologies Limited with registered office at 35&36, Rajiv Gandhi Infotech Park, Phase-I, MIDC, Hinjawadi, Pune – 411057, India. and its subsidiaries, affiliates, successors and assigns) are bringing to you a digital ride planning, sharing, tracking and navigation service called MaximusPro. The MaximusPro service combined with a display device and tracking device (Device or Devices) help you experience your rides better.
This Terms of Service (“Terms”) constitutes a legally enforceable agreement between KPIT and individuals (“you” or “your”) who download, install, or, in any way, use MaximusPro software, services or any other materials made available by or on behalf of KPIT (collectively “Service” or “Services”).
To use the Services, you must be minimum 18 years of age and should be able to contract as per laws of your jurisdiction.
By clicking on the “accept” button below, you are agreeing to all the terms and conditions of these Terms of Service and agree to use Services in compliance of all laws applicable to you and your access and use of the Services. Hence please read this document carefully before consenting. If you do not agree to the terms of this license, KPIT will not license the Services to you and you will not be able to use the Services.
In consideration of you agreeing to abide by the terms of these Terms, KPIT hereby grants to you a personal, non-exclusive, non-transferable license to use the Services for your personal non-commercial use subject to the terms of these Terms and solely in combination with the hardware device which is installed in your vehicle.
Rights to obtain future upgrades, updates or supplements to the Services, are not granted by virtue of this License. If you obtain upgrades, updates or supplements to the Services, the use of such upgrades or updates shall be governed by these Terms and the amendments to it, unless other terms accompany the upgrades, updates or supplements in which case those terms apply.
You shall not do or attempt to do any of the following:
In respect of the KPIT Places Service You must not: (i) Modify, alter, edit, merge or otherwise change the search results from the format or order in which they are delivered to You via the KPIT Places Service, including, modifying, altering, editing, or otherwise changing any trademarks which are displayed as part of the search results; (ii) Combine, co-mingle or merge the search results with any other search services results including Google Local Search; (iii) On-sell, commercialize, syndicate or otherwise derive any revenue, either directly or indirectly, or permit any third party to derive revenue from the search results; (iv) Undertake any action which would prevent, hinder, distort or otherwise interfere with KPIT’s ability to calculate any advertising revenues generated from the search results.
You shall not use the Service to host, display, upload, modify, publish, transmit, update, or share any information that –
WE DO NOT PROVIDE ANY EMERGENCY OR MEDICAL ASSISTANCE. THIS IS NOT AN EMERGENCY ASSISTANCE OR MEDICAL ASSISTANCE SERVICE. IF YOU THINK YOU HAVE ANY MEDICAL OR ANY OTHER EMERGENCY, CALL THE EMERGENCY MEDICAL OR OTHER EMERGENCY ASSISTANCE SERVICES.
The Services only allow you to send notifications in case of any distress and it does not constitute any emergency assistance or medical emergency assistance. The notifications are manually generated by you and the Service makes best attempts to send out notifications to other people using the Services. However, the notifications may fail due to any network or connectivity problems in your area or because you are not part of a planned ride or no one else who is on the same planned ride has started the ride. Further, any other user who receives the notification, may not respond to the notification and may not accept to provide help. KPIT is not responsible if a) notifications do not reach any other user or; b) no other user accepts to provide help or; c) you do not receive any feedback or reply to your notification or; d) you do not receive any help from other users of the Services.
KPIT and/or its suppliers are the exclusive owners of the intellectual, industrial and/or proprietary rights to the Services. KPIT reserves all rights that are not specifically granted in these Terms. KPIT does not grant you any right to the source code in the Services.
The Services may make use of third party software. Use of third party materials included in the Software may be subject to other terms and conditions. The licensing conditions of third party software are to be found via http://www.maximuspro.com.You hereby agree to the terms and conditions for such third party software too.
A. YOU ACKNOWLEDGE THAT THE SERVICES HAVE NOT BEEN DEVELOPED TO MEET ANY INDIVIDUAL REQUIREMENTS AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE SERVICES MEET YOUR REQUIREMENTS. KPIT DOES NOT AND CANNOT WARRANT AN ERROR FREE OR UNINTERRUPTED OPERATIONS OF THE SERVICES. YOU SHOULD BE PARTICULARLY AWARE OF THE FACT THAT CALCULATION ERRORS MAY OCCUR WHEN USING SOFTWARE IN A NAVIGATION SYSTEM FOR INSTANCE CAUSED BY LOCAL ENVIRONMENTAL CONDITIONS AND/OR INCOMPLETE DATA. KPIT DOES NOT WARRANT THAT THE SERVICES ARE CAPABLE OF INTEROPERATING WITH ANY OTHER SYSTEM, DEVICE OR PRODUCT (E.G. SOFTWARE OR HARDWARE).
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KPIT AND ITS SUPPLIERS PROVIDE THE SERVICES “AS IS AND WITH ALL FAULTS”. KPIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, DUTIES OR CONDITIONS OF SATISFACTORY QUALITY, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, WITH REGARD TO THE SERVICES, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARD TO THE SERVICES.
C. KPIT SHALL NOT ASSUME (AND HEREBY EXPRESSLY DISCLAIMS) ANY RESPONSIBILITY FOR ANY DAMAGES OCCURRED IN RELATION TO THE USE OF THE SERVICES IN A MOTOR VEHICLE. OBSERVANCE OF TRAFFIC REGULATIONS AND RULES IS YOUR SOLE RESPONSIBILITY.
A. Neither KPIT nor its suppliers shall be liable (whether in contract, negligence or anything else) to you or to any third party; for any loss of profits, loss of revenue, loss of data, loss of use, any indirect, incidental, special, exemplary, punitive or consequential damages, incurred by you or any third party, whether in an action in contract or tort, strict liability or other legal or equitable theory regardless of whether such damages were foreseeable or if KPIT has been advised of the possibility of such damages.
B. Except for liability arising out of death or bodily injury resulting from KPIT’s gross negligence or willful misconduct or fraudulent misrepresentation, KPIT’s or its supplier’s aggregate liability under these Terms shall be limited to the amount actually paid by you for the Services in the six months prior to any claim or series of related claims.
You agree to maintain the Services in strict confidence and not to disclose or provide access thereto to any person. You acknowledge that the Services are a trade secret of KPIT and/or third parties.
Failure to comply with the terms and conditions of these Terms, will give a right to KPIT to terminate the provision of any services to you immediately, without prejudice to any other rights available under law or equity. The provisions of this Agreement, which by their nature are intended to survive termination, will remain in effect after termination of these Terms. KPIT reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the Services.
The complementary device provided with the subscription (Device) is covered for all manufacturing defects for the duration of your subscription plan. To avail device warranty, you would have to raise a request by calling the Customer Support on 1800-212-5359. Once you have sent the Device back to KPIT office and it is received at the KPIT office, KPIT will send you a new Device. Warranty would not be applicable in case the Device is lost or damaged or broken.
Services are personalized to suit your needs. Therefore, MaximusPro services are not transferable.
When your subscription ends, you need to renew the Services. If you do not renew your subscription, you do not have to return your Device and you can continue to use it. However, except for individual ride planning and navigation, other services will discontinue.
You can return your MaximusPro to the Company within a week (7 days) of delivery by placing a "Cancel Order" request by phone call with the Company’s Customer Support Centre by phone 1800-212-5359 or via email to email@example.com. Returns will only be accepted for unused product(s) and you will be required to dispatch the product through a reputed courier within one (1) day from receipt of ‘Cancel Order’ request. Products must be returned in brand new and unopened condition with all the original packing, tags, inbox literature, freebies and accessories. It is advised that the return packets should be strongly and adequately packaged so that there is no damage of products during transit. The returned products are subject to verification and checks by KPIT to determine the legitimacy of the return. All eligible refunds against Cancellation or Returns of Orders will be subject to deduction of 10% of the Product Price paid, to cover Banking and Transaction charges and other operational expenses. Additionally, KPIT will deduct Rs. 599/- to cover Shipping and Handling Charges and the balance would be refunded to you. By requesting a refund, the Company is given to understand that you agree to the charges and terms set forth herewith. All refunds will be completed within 7-21 working days via a reversal or payment to your account or via cheque, depending on the current circumstances as determined by KPIT. The cost for returning the package must be borne by you.
Please note: Your MaximusPro is a Subscription service & can only be transferred. You cannot cancel your subscription mid-term and any pro-rata refunds are not possible.
KPIT and other third parties involved in making the Services available to you ("Third Parties") are not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services which are delivered by the Services or otherwise. These links are provided to you for convenience only and the inclusion of any link or access does not imply an endorsement by KPIT or any Third Parties of the third-party site or service. KPIT disclaims any liability arising on use of such third party sites. You shall use them at your risk and responsibility.
These Terms (including any addendum or amendment to it which may be supplied with the Services and any other terms and conditions, if applicable) contain the entire agreement between the parties with respect to the provision of Services and supersedes all previous agreements, promises, proposals, representations and understandings whether written or oral, between the parties respecting the subject matter hereof. To the extent that the terms of any KPIT policies conflict with these Terms, these Terms shall govern. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of India.
In the event of any dispute, claim, or complaint arising from, under, or in any relation to this Agreement or the Services provided under it, a party shall be first required to notify the other party in writing of its intention to pursue a claim against the other party.
Upon such notice, parties shall be obliged to first seek to resolve the dispute through good faith and friendly discussions and negotiations. If no resolution can be arrived at between the parties for a continuous period of eight (8) weeks from the date of notice, parties agree to submit the dispute to the arbitration by sole arbitrator to be appointed by KPIT. The proceedings shall be governed by and conducted under the provisions of the (Indian) Arbitration Act, 1996 (as may be amended). The seat of arbitration shall be Pune, and proceedings shall be conducted in English. For removal of doubts, the parties agree that this Agreement will be governed by and construed in accordance with the arbitration law of India as applicable.
In case you have any complaints, concerns, or grievances in relation to these Terms or our Services, please write to Ms Paramita Nath at firstname.lastname@example.org
Please visit our website www.maximuspro.com for any questions regarding these Terms.