Terms of Use Agreement

(Last updated on Dec 20, 2016)

Elsys Intelligent Devices Private Limited (Elsys) is a company duly incorporated under the Companies Act, 1956 having its registered office at Valsala Mandiram Kelamangalam P.O, Thakazhy – 688562. This terms of use agreement (Agreement) governs the use of content, features, and activities related to the software application “Raksha SafeDrive” owned and operated by Elsys (App), the websites [www.rakshasafedrive.com, www.rakshanet.in and www.raksha.me] (Site) and the electronic gadget SafeDrive (Gadget) (the App, the Site and the Gadget are together referred to as Service). This Agreement constitutes a legally binding agreement between yourself and Elsys. Further to this, your use of the Service constitutes acknowledgement that you understand and agree to the terms of this Agreement including any additional terms that govern certain products and services and notified from time to time (Additional Terms). Elsys may also prescribe certain participation rules for certain services including, but not limited to, contests, award programs, subscription services and e-commerce services.

Elsys’ Privacy Policy and Additional Terms when applicable are incorporated herein by reference. In the event there is a conflict between this Agreement and the Additional Terms for any activity in which you, the user, choose to participate, the applicable Additional Terms shall govern. This Agreement shall remain in full force as long as you are a user of the Service, and even in the event of termination of membership, service or feature, you will continue to be bound by your obligations under this Agreement, the Privacy Policy, and any Additional Terms, including any indemnifications, warranties and limitations of liability.

Please read the Agreement carefully and if you do not accept the terms, do not use the Service. The Agreement may be updated/ modified from time to time for a number of reasons including to comply with the applicable laws and regulations, and regulatory requirements. All changes will be published on the Site. The most up to date Agreement will be available on the Site. If any change is unacceptable to you, you should cease using the Service and/or close your account. If, however, you continue to use the Service after the date on which the changes to the Agreement come into effect, you will be deemed to have accepted those changes.

The words “use” and/or “using” in this Agreement mean at any point in time an individual (a “User“), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from, transmit, receive or exchange data or communicate with the Service, or otherwise in any way uses, takes benefit from, takes advantage of or interacts with any function, service and/or feature of the Service, for any purpose. This Agreement does not cover your rights or responsibilities with respect to third party content. This is the entire and exclusive Agreement between you and us regarding the use of the Service.

  1. Account details

Each user will be allowed to pick a unique username and password combination in order to use the Service, which may also be through the interface provided by Facebook/Twitter/LinkedIn/Google+. Your username and password are personal to you and you may not allow any others to use your username or password at any time or for any reason whatsoever. We are not liable for any harm caused related to the theft or misappropriation of usernames or passwords, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your username or password or any other need to deactivate your username or password due to security concerns. Passwords are issued on a personal basis. Accordingly, all content and instructions transmitted or received from anyone presenting your password on the Site will be deemed binding on you. You, the user, agree that you alone are responsible and liable for any and all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully with the full awareness that any failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible.

By accepting the terms and/or registering to use the Service, you hereby agree that we shall be entitled to conduct any and all such identification and other verification checks from time to time that we may require and/or are required by the applicable laws and regulations and/or by the relevant regulatory authorities for use of the Service and our products generally. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction. You may open only one account. Should we identify any user with more than one account, we reserve the right to treat any such accounts as one joint account.

  1. Subscription to Services

You shall pay the subscription fees for using the Services (Subscription Fee). You shall be provided the Services only during the period for which you subscribed to use the Services (Subscription Period). You hereby agree that should you intend to continue using the Services, you shall renew your subscription by paying the requisite Subscription Fee at least 15 days prior to the end of your Subscription Period. In the event that you fail to make the payment within 15 days of the end of your Subscription Period, it will be assumed that you do not wish to renew the subscription of the Services and it will result in the Services becoming unavailable at the end of the subscription period and your subscription becoming inactive. We do not actively monitor the data generated by the Services when your subscription is inactive and therefore, will not be able to provide the Services to you in the manner provided herein.

  1. Closure of Account

Elsys reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, Elsys shall be entitled to close or suspend your account if:

  1. Elsys considers that you have used the Service in a fraudulent manner or for illegal and/or unlawful or improper purposes;
  2. Elsys considers that you have used the Service in an unfair manner, have deliberately cheated or taken unfair advantage of the Service or if your account is being used for the benefit of a third party;
  3. Elsys is requested to do so by the police, any regulatory authority or court; or
  4. Elsys considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur.
  5. False Alarm

In the event that a medical emergency has been identified by the Gadget, our personnel shall attempt to get in touch with you to determine the nature of the emergency. In the event that you do not respond, or you confirm that there is a medical emergency, emergency medical personnel will be dispatched to your location. If upon the arrival of the medical personnel, it is determined that emergency personnel were not required (False Alarm), you agree that you shall be liable to pay Rs. 300 for each False Alarm. You will be required to pay this amount though one of the modes of payment instructed by the Company. Failing to do so within 15 days of the False Alarm, the Company can recover the equivalent of this amount from the amounts already paid by you or by setting off the amount due by reducing your Subscription Period pro-rata to the amount due.

  1. Intellectual Property

The design of the Service along with the text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (Marks), are owned by or licensed to Elsys, subject to copyright and other intellectual property rights under Indian intellectual property rights law and international conventions. The Service is provided to you on as-is basis for your personal use only. Elsys reserves all rights not expressly granted in and to the Service. All software used in the Service is the property of Elsys or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Service is strictly prohibited except as otherwise permitted by law. You agree to not engage in the use, copying, or distribution of the Service other than expressly permitted herein.

  1. Use of Gadget

Each unit of the Gadget has a SIM card attached to the same. Elsys is the absolute owner of the SIM card and you are not to access/ alter or remove the SIM card. Any attempt to access the SIM card would make warranty (if any) provided by Elsys void. If Elsys suspects misuse of SIM (removal and/or trying to use it elsewhere), your access to the Service will be discontinued without notice and the device will be rendered useless.

The Gadget comes in two variants, a variant which is plugged to the vehicle’s OBD and a variant which is connected the vehicle’s cigarette lighter. The OBD port of the vehicle is a source of continuous power supply. The Gadget will continue to draw power even when the ignition is turned off. The Gadget switches to a sleep-mode few minutes after the vehicle has stopped. However, even in sleep mode, a minor amount of electricity is continuously drawn. The Gadget should hence be disconnected from the OBD Port if vehicle is not used for over 7 days. Elsys shall under no circumstances be liable for any losses resulting from the Gadget draining the vehicle battery.

You are responsible in ensuring that the Gadget is properly connected to your vehicle at all times. Failure to ensure that the Gadget is properly connected to the vehicle or tampering with the Gadget, either directly or through unauthorised service centres, may result in non-availability of the Services, including emergency services. We shall not be responsible for any loss, injury or damage that may be suffered by you as a result of the Gadget not being properly connected to the Vehicle.

The Gadget must also have access to the internet to ensure that it can relay the information collected by it, thereby providing us with timely and relevant information. If the Gadget does not have access to cellular network, either because there is no internet in your present location or because you have directly or indirectly caused the cellular network to become unavailable or otherwise, the Gadget will be unable to relay timely and accurate information to us resulting in a disruption of Services including emergency services. You hereby agree that we will not be responsible for any loss, damage or injury suffered by you as a result of the Gadget not having cellular connectivity and us being unable to provide Services to you as a result.

  1. Representation and Warranty

You represent and warrant that:

  1. the use of the Service will comply with all the Applicable local, state, national or international laws (Laws) and will not violate any law, regulation, or contractual obligations;
  2. You will not misuse the Service and acknowledge and understand that “misuse” includes, but is not limited to using the Service in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc; (c) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (g) send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restrict or inhibit any other person from using the Service; and (vi) falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity;
  3. The Services shall not be used on cars with modified engine or electronic control systems.
  4. Contents

You shall be solely responsible for all contents that you upload, transmit, share or display through the App, (collectively the Contents) including but not limited to any photos, profiles (including your name and image), messages, gps location, information, text, video, music, third party links. Elsys does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any contents and you shall be solely responsible for and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in Clause 7 above.

  1. Governance

Your use of the Service is subject to all the applicable local, state, national laws and regulations and, in some cases, international treaties that are relevant to your current location. You are responsible for all activities, acts and omissions that occur in, from, through or under your username or password. You shall not use, allow, or enable others to use the Service, or knowingly condone use of the Service by others, in any way that is, tries to, or is likely to violate any laws, regulations (including, without limitation, laws regarding gambling), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the site, other Users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is contradictory with the terms and conditions of this Agreement.

If you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in our sole and absolute discretion, and we reserve the right to disable embedded links at any time without notice to any users.

Any violation of these above terms and conditions will leave users liable to having their accounts terminated. The above statements are taken very seriously by Elsys and violation of these statements will not be tolerated.

  1. Promotion

We may provide users the opportunity to register for unique promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile/cellular phones. Users are obliged to provide their consent to receive such information by complying with the specific terms related to any of these said offerings. Information that may be requested for promotions includes, without limitation, a user’s preferences regarding goods or services, or other similar survey information. Depending on the promotion, we may also collect Internet email addresses and other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy and/or Additional Terms.

Under no circumstances whatsoever will Elsys be responsible for any wireless email or text messaging charges incurred by a User or by a person that has access to a user’s wireless device, telephone number, or email address.

You understand, acknowledge and agree that we may, at our sole discretion and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without any advance notice.

  1. Non – Commercial Use

Elsys hereby grants you a limited license to use the Service only for the purposes of accessing, viewing posting or submitting content, and using the Service for non-commercial, non-exclusive, non-assignable, non-transferable and for your limited personal use and for no other purposes whatsoever. You must not change, delete or conceal any copyright or other notices contained in the Service, including notices on any service or material you download, transmit, display, print or reproduce from the Service. You shall not, nor will you allow any third party to reproduce, change, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any material on the Service without the express prior written consent of Elsys. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under the Applicable laws.

  1. Public Comments

The Service may provide you with an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities (Communities) and may provide you the opportunity, through such Communities to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information (Post or Postings). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which the Postings originated. This means that you are entirely responsible for the consequences of all postings that you upload, post, email, transmit or otherwise make available through and onto the Service. Postings do not reflect the views of Elsys. We reserve the right to monitor, edit or screen all postings made to the Site/ App. If we determine, at our sole discretion, that any posting does or may in any way violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse and prevent you from posting; (b) remove and delete postings; (c) remove your right to use the Service; (d) disclose any information that we deem necessary to ensure that you comply with all the Applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or any other means available to us to enforce the provisions of this Agreement, including, blocking specific IP addresses or terminating your registration for the use of the Service.

By using the Service or visiting the comment section you may be exposed to rude, crude, indecent, or otherwise offensive language or references. You agree that Elsys or any of their affiliates or agents will not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider in the Service.

  1. Warranty
    1. Service

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Elsys, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. Elsys makes no warranties or representations about the accuracy or completeness of this Service’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the use of the Service or through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. Elsys does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service.

  1. Gadget/ App

The Gadget/App is being provided for use to you with a limited warranty. The Gadget/App, is provided on an “as is” and “as available” basis without any warranties of any kind, and the company 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. Elsys makes no warranty that (i) the Gadget/App will meet your requirements, (ii) the Gadget/App will be uninterrupted, timely, secure, virus-free or error-free, (iii) the results (such as vehicle error code analysis) that may be obtained from the use of the Gadget/App will be accurate or reliable, or (iv) 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 Elsys shall create any warranty not expressly stated here. In particular, although Elsys  endeavors to ensure successful detection of most crashes, not all crashes may be detected and Elsys does not guarantee that the Gadget/App will detect and/or report all vehicle crashes or that emergency assistance will be provided in the event of any crash. Elsys is not liable for the actions or inactions of the user, or of any emergency responders or other service providers that Elsys may contact on your behalf, or for the inability to contact any emergency responder or other service provider in any particular situation. The Gadget/App is not intended and should not be used as a stolen vehicle location service. You are solely responsible for safe vehicle operation and proper vehicle maintenance and you should always obtain professional assistance from a vehicle specialist for diagnosis and repair of any errors or other problems with your vehicle. The Gadget/App does not work outside of India. If you are a fleet user, Elsys makes no warranty or guarantee that (i) real-time vehicle locations will match actual vehicle locations, (ii) geofence alerts will be accurate or timely, and (iii) maintenance reminders will be accurate or error-free.

  1. Limitation of liability

To the maximum extent permitted by the applicable laws, and under no circumstance shall Elsys, its directors, employees or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of the Service, or following a failure, suspension or withdrawal of all or part of the Service at any time, any third party content, software or functions used in connection with the App even if Elsys or any or all of its agents have been advised of the possibility of such damages. In any event, Elsys shall not be liable to pay a user, for any damage whatsoever, an amount greater than the fees paid by you in the 6(six) months preceding the event that gave rise to the claim.

  1. Indemnification

You agree to indemnify, defend and hold harmless Elsys, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney’s fees) of any kind arising out of: (i) Your access to or use of the Service and related services; (ii) any breach by you of your obligations under this Agreement; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; or (v) your negligence or wilful misconduct. These obligations will survive termination of this Agreement.

  1. Severability

It is desired and intended that the terms, provisions and covenants contained in this Agreement shall be enforceable to the fullest extent permitted by law. If any such term, provision or covenant thereof to any person or on any circumstances shall, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision or covenant shall be construed in a manner as to permit its enforceability under the Applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Agreement or the Service thereof to any person or circumstances, other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.

  1. Assignment

This agreement may be assigned by Elsys to its successors and assigns including if there is any re-organization of Elsys.

  1. The Applicable law & jurisdiction

Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India. The courts of Kochi shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

  1. Contact Us

If you have any questions or concerns about this Agreement or Privacy Policy or its implementation, you may contact us on the following e-mail ID:

  • E-mail[email protected]