Terms Of Use

A.DEFINITIONS

In the table below, the words and phrases in the left column have the meanings given in the right column. Defined terms are in italics in the agreement. There are guidelines to interpreting the agreement at the end of these terms and conditions.

Affiliate ISuraksha Solutions Pvt. Ltd, any subsidiary of ISuraksha and any subsidiary of ISuraksha Solutions Pvt. Ltd
Application means the application to buy and install the unit and to receive the services, which you made by phone, online or by filling in a form.
Breach means either to break legal responsibility under the agreement or a legal responsibility that has been broken.
Damages means the amount of money claimed by someone or ordered to be paid to someone as compensation for a loss that they suffer.
Fee means the fee that you pay to us for the service, the unit and includes the installation fee.
Installation fee means the fee that you pay to us to have the unit installed.
Legal responsibility means a duty imposed on someone to do something whether imposed by the law or created by agreement. Legally responsible has a corresponding meaning.
Loss means the disadvantage a person suffers because of an event beyond anyone’s control (for example earthquake or flood) or the action or failure to act on the part of any person. It includes physical loss (for example death, personal injury or damage to property) and financial loss (for example expenses, penalties, loss of income or loss of profits and legal fees).
KYC Documents required by us to identify you
Risk means being exposed to harm or the possibility of harm, including: a) the loss or theft of, or physical damage to, any property; b) the financial loss someone might suffer.
Services a) the services of ISuraksha that you chose in your application; b) information and services on the ISuraksha website and any ISuraksha mobile applications.
Service fee means the fee that you pay to us to receive the services.
Supplier means any person or entity that is involved in providing services to us.
GPS means global positioning technology.
Terms of use of the means the terms and conditions for using:
ISuraksha website and ISuraksha mobile applications a) the ISuraksha website and ISuraksha mobile applications (as amended from time to time); b) the website of any suppliers to access and use any of the services.
ISuraksha ISuraksha Solutions Pvt. Ltd., CIN - U72200PN2015PTC155772, a private company registered in India with its business address iSuraksha Solutions PVT. Ltd 101, 1st Floor, Survey No.1315, Shakti Heights, Plot 18 C / 19A Mauje, Pimple Gurav,Pune, India 411061
ISuraksha privacy policy means the privacy policy on the ISuraksha website.
ISuraksha website means the website at the address www.iSuraksha.in
Unit means the positioning and/or communications equipment that we use to track the location of the vehicle/user and provide the other services. Certain units include a SIM card that provides GPS data. Any reference to a unit shall include a reference to any accessories or peripherals used with the unit.
Unit fee means the fee set out in your application that you pay to us for the unit.
Vehicle means the motor vehicle specified on the application.
Warrant, warranty means to make a promise that we are entitled to rely on. A warranty means a promise that the party receiving it is entitled to rely on.

B.INTRODUCING THE AGREEMENT

1 Who the agreement is between (parties)

  • The parties to the agreement are:
    • ISuraksha, referred to as ‛we’, ‛us’ and ‛our’ in this document.
    • the customer named on the application, referred to as ‛you’ and ‛your’ in this document.
  • When the agreement starts

    The agreement starts when device installation is done the vehicle. By allowing the unit to be installed in the vehicle, you agree to the agreement. You must not allow the unit to be installed in the vehicle if you do not agree to the agreement. If the unit is already installed in your vehicle at the time when you buy the vehicle, the agreement starts as soon as we receive the application form from you or someone on your behalf by mail courier or as online request. For personal device & mobile tracking services start as soon as document verification can be completed and we send a notification by email.

  • When the agreement ends

    Your agreement will end effectively after 12 months of service until unless stated otherwise.


C. THE TRACKING UNIT

The unit is the positioning and/or communications equipment that we use to track the location of the vehicle and provide other services.

  • We own the unit until you have paid for it

    We remain the owner of the unit until you have paid for it in full. We remain the owner of the SIM card that is included in the unit for customers, even after you become the owner of the unit or the agreement ends. We will not provide any SIM for personal devices, you will have to arrange for your SIM cards for your device. We will try to recommend best available plans for your use. We don’t provide any devices for mobile-to-mobile tracking. You will have to use our mobile apps in order to use mobile-to-mobile tracking, kindly ensure you have compatible devices from https://www.iSuraksha.in before entering an agreement.

  • Installing the unit at an agreed time and place (Vehicle Tracking)
    You can either:
    • take the vehicle to one of our fitment centers.or
    • arrange with us for a technician to install the unit at an address you choose.
    • If you arrange with us for a technician to install the unit at an address you choose:
      • there might be an installation fee. Please ask us about the fee before you ask for a technician to come to you.
      • once we have agreed the time and place to install the unit, you must make the vehicle available at the agreed time and place. If you do not make the vehicle available at the agreed time and place, you will be charged a no-show fee.
      • the place for the installation must be safe and be out of the view of third parties. Our technician has the right to refuse to install the unit if they believe the place is not safe.
  • Warranty for defective units
    • Warranty of 12 months to fix or replace defective units

      The unit has a warranty of 12 months starting from the date your services start. (We refer to this as the warranty period.)

    • When the warranty applies

      The warranty covers repairs to the unit if it stops working properly because of defective parts, workmanship or design. We will fix or replace the unit at no cost to you.

    • When the warranty does not apply
      • Anyone tampered with or changed the unit or the way it was installed.
      • Someone that we did not authorize, repaired or tried to repair the unit or the way it was installed.
      • The problem was caused by damage from water (devices can weather modest rain.
      • The problem was caused by abuse of the unit
      • The unit is damaged (for example, a car accident)
      • If the defect in the unit was not caused by us, or by the manufacturer, importer, distributor or retailer
      • If the defect happened, or was reported to us, after the 12-month warranty period ended.
      • If the warranty does not apply, you accept that you are legally responsible for the costs of having a unit repaired. We charge standard rates for repairs. You should contact us for a quote before asking us to repair a unit.

    • If the unit or its installation affects the operation of the vehicle
    • We fix problems that the unit or its installation causes to the operation of the vehicle at our own cost but only if all five of the following conditions are met.

      • The unit or installation causes a problem to the vehicle or how it works. We have the right to appoint an expert at our cost to investigate the cause of the problem;
      • The unit or its installation has not been changed, tampered with, or repaired by anyone who does not have our authority
      • There has not been abuse of the unit.
      • There has not been damage by water to the unit
      • The problem was not caused by a collision (for example, a car accident).
      • If you report a fault in the unit to us and we have agreed the time and place to send a technician, you must make the vehicle available at the agreed time and place. If you do not make the vehicle available at the agreed time and place, you will be charged a no-show fee. If you report a fault in the unit to us and ask us to send a technician, and the technician reports that the problem is not due to the unit or its installation, you are legally responsible to pay the costs of the technician. This includes any call-out fees and other costs. At the time of reporting the fault, you can ask us for the costs and fees that will apply at the time.

  • THE SERVICES
    • The services we provide

      We provide the following services:

      • The services of ISuraksha that you chose in your application and that you pay for.
      • Information and services on the ISuraksha website (www.iSuraksha.in) and any ISuraksha mobile applications.
    • You must use the services for valid and legal reasons only

      You must use the services for valid and legal reasons only. An example of a reason that is not valid is activating the unit for theft or hijacking when there is no genuine theft or hijacking. You accept that neither we nor our suppliers or affiliates are legally responsible to you if you use the services for invalid or illegal reasons. This means you do not have the right to claim against any one or more of us for loss or damages that you or anyone else suffers as a result of using the services for invalid or illegal reasons. If you use the services for invalid or illegal reasons, you will be committing a breach of the agreement. We then have the right to take steps against you as set out in Section L4 below, ‛Ending the agreement for breach’.

    • No guarantee that we will locate the stolen or hijacked vehicle

      We will do our best to locate or recover the stolen or hijacked vehicle, but we do not guarantee that we will be able to locate or recover the vehicle.

      You accept that:
      • we do not guarantee that we can locate or recover the vehicle;
      • we are not legally responsible for any loss or damages you suffer if we are unable to locate the vehicle.
    • We do not track outside India

      Outside India, we can only identify the general location of the vehicle in areas where there is adequate GPS, GSM and UMTS (2G) network coverage or radio frequency network coverage (depending on the kind of network that the unit needs to operate).

      By using the unit outside India, you accept that:
      • we will not be able to find the exact location or track the unit outside India;
      • the services are not be available outside India.

        You accept that we are not legally responsible for any loss or damages you suffer if either:

        • we are unable to locate the vehicle outside India; or
        • the services are unavailable to you outside India.
    • When the services might be interrupted or delayed

      We will do our best to maintain the availability of the services to you. However, the services might be interrupted or delayed in any of the following circumstances:

      • A technical failure outside our control. This includes the unavailability, interruption or suspension of any radio or communications networks or other services that we use or rely on to provide the services;
      • If the radio or communications network or services provider that we use does not make the network or services available to us, or if they stop operating;
      • If we have informed you by SMS or email or any another way that there is a fault with the unit or that we cannot receive a signal from the unit, and you have not yet delivered the vehicle to us to check and repair (or replace) the unit;
      • If a government or regulatory authority requires us to change or stop the services;
      • If there are other circumstances beyond our control, for example fire and flood;
      • If there are strikes or other industrial action. This interruption or delay might apply to all or part of the services. If we interrupt or delay the services in any of the above circumstances, we do not have any legal responsibility to you. You accept that:
        • we will not be able to locate the vehicle if it is stolen or hijacked;
        • you are not entitled to any refund of any fees;
        • you must continue to pay the fees.
    • If we cannot restore availability

      We will do our best to restore any interruption to the services and to shorten any delay. If there is an interruption or delay to the services because of the circumstances referred to above, and we cannot restore availability within 30 days, we will notify you in writing. You then have the right to end the agreement (see Section L).

    • It is your responsibility to understand how your unit works, what services you pay for and to ensure that its working

      It is your responsibility to understand how your unit or service works, what services you pay for and to make sure that your unit is in working order. You can get information on this on the http://www.iSuraksha.in website or by calling us on +91 8600990065.

  • FEES AND CHARGES

    • For the unit, installation and/or subscription charges

      You must pay for the unit, installation and the subscription charges for devices (vehicle and personal and mobile tracking). How you pay depends on the type of agreement you have chosen.

      Name of charge When it applies
      A once-off installation charge When the unit is installed.
      A no-show charge If you do not show up or if the vehicle is not available at the agreed time and place for installation or repair of the unit or accessory or peripherals.
      A re-installation or removal charge If we have to re-install or remove a unit we are not legally responsible for the cost.
      Call-out/Service request (SR) charge If a unit is damaged or defective where the fault or damage occurs after the warranty period, or was not caused by ISuraksha or by the manufacturer of the unit. If you choose not to take the vehicle to a ISuraksha fitment centre, and ask for a technician to come to you at a time and place you choose, an additional charge will be payable.
      SIM charges for personal device You are responsible for the personal unit roaming and telecommunications charges that will incur in providing the devices to you.

      These charges are calculated at our standard rate at the time. We have the right to increase these charges when we choose to. To find out what the rates are at any time, you can call our contact centre on +91 8600990065 or visit the ISuraksha website. You give us permission to collect these charges from your bank account. See section F for how to pay.

    • Increases to fees

      We may increase the fees and charges on 1 October every year. The annual increase will not be higher than 10% unless the most recent Consumer Price Index in the last completed calendar year is higher than 10%. In that case, the increase will be the most recent Consumer Price Index. Your fees will not be increased to be higher than the standard fee published on the ISuraksha website. For any increase in cost you will be affected only when you extend your agreement. Your existing services will not be affected from price change until you go for an extension of existing plan.

  • INVOICES AND HOW TO PAY
    • Receiving invoices

      Invoices will be send to you by email. You must pay by debit order from your bank account for each invoice. Payment options

      • NEFT Transfers or Net Banking
      • NCredit & Debit card
    • You must make sure we have updated contact details

      You must give us the correct details of contact details like email & phone number. You must also tell us if your details change.

    • If any 3rd party pays us on your behalf
      • The payments remain your legal responsibility

        You accept that if we allow any 3rd party to pay the fee or any other amounts on your behalf, it is still your legal responsibility to ensure that we are paid according to this agreement. You accept that if we do not receive payment by the due date, you will be liable to these.

      • When your agreement ends

        You accept that you will renew your subscription on time. You accept that we are not legally responsible for any charges or loss or damages that you might suffer because you do not renew your subscription.

      • You accept that if the services are suspended because you have not paid the fees:
        • we will not provide the services(including recovery of a stolen or hijacked vehicle);
        • we are not legally responsible for any loss or damages you suffer from the services being suspended; and
        • payment of arrears will not result in services being re-instated if suspended.
          You must pay additional amounts
          If we do not receive payment on time, you agree to pay the following amounts on demand:
        • Legal costs on an attorney-and-own-client scale, related to the demand and recovery of the outstanding or overdue amounts;
        • Other collection charges and commissions that we incur in recovering any outstanding or overdue amounts. These include bank charges if a debit order is returned unpaid or only partly paid; and
        • Any costs associated with re-instating your account if the services were suspended
      • It is your responsibility to check your invoices

        We will do our best to ensure that the amount that we raise is according to the agreement. However, you also have a legal responsibility to check your invoices and bank statements. If you believe that you have been charged an incorrect fee, you must tell us immediately but no later than 12 months from the transaction date. We will refund the amount only if you show us proof that the amount charged to you was not according to the agreement or any other payment arrangement that you hold with us. If you can prove that the fee was wrongly charged, we will refund it. You accept that it is your legal responsibility to check your invoices and bank account regularly. For this reason, you accept that the most we will refund you is for a maximum of the last 12 months of incorrect charges.

  • IF THE VEHICLE IS STOLEN OR HIJACKED

    • What you must do
      • If the vehicle is stolen or hijacked
        • Phone us on +91 8600990065 We will talk you through the procedure for stolen or hijacked vehicles (known as the activation procedure).
        • Give us the assistance that we ask for to locate the vehicle.
        • Follow all our instructions.
        • Immediately report the theft or hijacking to the police.
      • After the vehicle is found
        • will tell you if we find the vehicle.
        • You must tell us if you or the police find the vehicle before we do.
        • It is your legal responsibility to arrange for the vehicle to be returned to you once the vehicle has been processed by the police, whether by making arrangements with the police or otherwise. You accept that it is not our legal responsibility to return the vehicle to you.
      • Personal & Mobile tracking
        • We will tell you last location of unit
        • Immediately report the theft or hijacking or kidnapping to the police
    • When we will not try to locate the unit

      We are not required to try to locate the unit in any of these circumstances:

      • If you or the person authorized to report the theft or hijacking to us does not follow the correct procedure;
      • If we are not reasonably satisfied with the responses to our questions when you ask us to locate the vehicle;
      • If the vehicle is stolen or hijacked outside India;
      • If the services are suspended because you did not pay us;
      • If the agreement has ended.
      • Because we are not required to locate the vehicle in the circumstances set out above, you accept that we are not legally responsible for any loss or damages you suffer because we do not try to locate the vehicle.

    • The police act in an official capacity only

      When the police are involved in locating a stolen or hijacked vehicle, they are acting in their official capacity. Although we and the police may co-operate with each other to locate a stolen or hijacked vehicle, they are not our representatives or employees.

      You accept that we are not legally responsible for:
      • the acts or failures to act of the police, including any intentional or negligent acts or failures to act;
      • any loss or damages that you suffer because of the acts or failures to act of the police, including any intentional or negligent acts or failures to act.
  • IF A PERSON IS MISSING

    • What you must do
      • If a person is missing You must do all of the following:
        • Immediately report the missing person to the police.
        • Phone us on +91 8600990065. We will talk you through the procedure for reporting a missing person (known as the activation procedure).
        • Give us the information we ask for to make sure that your request is valid, legal or made by a person who is authorized to report the missing person to us and initiate the process.
        • Give us the assistance that we ask for.
        • Follow all our instructions.
      • After the missing person or vehicle is found
        • We will tell you if we find the missing person or vehicle.
        • It is your legal responsibility to arrange for the missing person or vehicle to be returned to you.
    • When we will not try to locate the missing person We will not try to locate the missing person in any of these circumstances:
      • If we are not reasonably satisfied with the responses to our questions when you ask us to locate the missing person;
      • If the person reported missing is outside India;
      • If any of the services are suspended;
      • If the agreement has ended.
      • Because we are not required to locate the vehicle or try and find a missing person in the circumstances set out above, you accept that we are not legally responsible for any loss or damages you suffer because we do not try to locate the missing person or vehicle.

  • ABOUT PERSONAL AND OTHER INFORMATION

    This section contains terms and conditions relating to the following information:

    • Personal information, usage data, driver behavior information, anonymized data and any other information we get from the unit installed in your vehicle;
    • Intellectual property;
    • ISuraksha materials
    • Any words in italics that are not defined in the definition section of this document are defined on the ISuraksha website.

      • Personal information, usage data, driver behavior information and anonymized data

        The ISuraksha privacy policy is published on the ISuraksha website. It governs the way we and our suppliers use and share your personal information, usage data, driver behavior information, anonymized data and any other data we get from the unit installed in your vehicle. (Explanations of these terms can be found in the iSuraksha privacy policy.) The ISuraksha privacy policy forms a part of the agreement. You warrant that the information that you give to us is true. You accept that we have the right to treat the statements you make as true. This means that you cannot later claim that the statements you made are not true.

        • You understand & accept the ISuraksha privacy policy

          You warrant that you have read, understood and agree to the iSuraksha privacy policy.

          You accept that by agreeing to the ISuraksha privacy policy you are giving up some of your rights to privacy and giving us the rights to use your personal information according to the ISuraksha privacy policy. You accept that you do not have the right to take action against us for any loss or damages you suffer from us processing your personal information according to the ISuraksha privacy policy.

      • You warrant that you can give us personal information
        You warrant that:
        • you are properly authorized and allowed to give us personal information;
        • you will tell us in writing or by phone on 0860 60 50 40 when there is any change or update to any of your personal information or, if you are representing someone else in the agreement, the personal information of the person who you represent
        • By giving this warranty, you accept that we may have claims against you forloss or damages that we suffer if you do not have authority to give us your personal information and a third party brings a claim against us because we used your personal information.

      • You agree that information you give is true and correct

        You agree that all information, including personal information that you or somebody representing you, gives to us is true and correct.

      • You agree that you have consent to process information

        If you enter the agreement on behalf of another person or juristic (legal) entity, you agree that you have received the relevant consent for us to process personal information, usage data, driver behavior information, anonymised data and any other data which is captured during tracking process, according to the ISuraksha privacy policy. Examples of a juristic entity include a company, a trust and a partnership.

      • You agree that you have informed those with the right to know

        You agree that you have informed all people or entities who have the right to be informed about:

        • the installation of the unit in the vehicle for vehicle tracking
        • usage of personal devices during time of distress or emergency
        • your agreement with us for the services
        • your confirmation that we may process your personal information, usage data, driver behavior information and anonymised data according to the agreement
        • You accept that if any of the statements above are not true, we have claims against you for loss or damages we might suffer because we relied on your warranties. Our claims could include amounts and damages that we must pay to other people because these statements are, in fact, not true. For example, if the owner or driver of the vehicle claims against us for loss or damages because they did not give permission for a unit to be installed in the vehicle where their permission was required, you will have to pay us the amounts of these claims.

      • Intellectual property rights
        • Meaning and scope of intellectual property in the agreement

          The intellectual property in the agreement includes all content and information related to the unit, the services, the ISuraksha website, the ISuraksha mobile application or given by us in any form whatsoever (for example, correspondence). Intellectual property in the agreement also includes the following:

          • All products and goods, including any materials that might be placed in the unit or be used together with the unit. For vehicle units, this includes the SIM card that comes with the unit and information that is or can be derived from the SIM card;
          • Data, information, databases, compilations of data, usage data (as defined in the ISuraksha privacy policy);
          • Computer programs and software, software documentation, firmware, interfaces (including API interfaces), hardware, servers, computers, platforms, computer code, tools;
          • Designs, circuit designs, algorithms, specifications;
          • Trade names, logos, trademarks;
          • Icons, links, graphics, photographic images;
          • Sound clips, music, sound and television broadcasts;
          • Text, literature, reports, plans, notes, files, diagrams, manuals, templates, schematics, correspondence, records, published editions;
          • Derivative works, authored works;
          • Modules, components;
          • Methodologies, policies, procedures, techniques, models, configurations, protocols, routines;
          • Improvements to any of the above items.
        • We own or have the right to use the intellectual property

          We own or have the right to use the intellectual property. This includes intellectual property that we have licensed from a third party, that we license, or that we give right of use for to our suppliers so that they are able to provide the services. We remain the owner or licensee of the intellectual property, even after you become the owner of the unit. This includes the SIM card that is used in the unit, where applicable.

        • You do not have or acquire any intellectual property rights

          You do not have or acquire any intellectual property rights during the agreement or after it ends except for those intellectual property rights we expressly give to you in the agreement. You do not have the right to use the intellectual property in a way we do not expressly allow in the agreement.

        • We have the right to improve the intellectual property

          We have the right to change the intellectual property without giving you notice.

  • EMBEDDED VALUE-ADDED SERVICES

    From time to time, we may provide value-added services. We have the right to change, remove or add these value-added services whenever we choose to, after notifying you. We do not have a legal responsibility to provide any value-added services. Adding, removing or replacing value-added services does not constitute a change to the agreement according to section K. You do not have the right to end the agreement because we add, remove or change a value-added service during your agreement with us. We are not legally responsible to you for any loss or damages you suffer because of these changes. The value-added services are provided by third-party suppliers that we contract with. We have the right to change these suppliers whenever we choose to. Changing a supplier does not constitute a change to the agreement according to section K. You do not have the right to end the agreement because we change a supplier. We are not legally responsible to you for any loss or damages you suffer because we change a supplier. There might be conditions and limits that apply to the value-added services, for example, costs that apply. These are set out on the iSuraksha website.

  • CHANGES TO THE AGREEMENT

    • We have the right to make changes if we give you advance notice
    • We have the right to make changes to the agreement from time to time. We will tell you about the changes at least 20 calendar days before the changes come into effect. We have the right to inform you of changes in a shorter period in any of the following circumstances:

      • If the change is required by law;
      • If it is reasonable to give less than 20 calendar days’ notice, having regard to the nature or content of the change.
  • ENDING THE AGREEMENT

    • 12-month agreement

      The agreement does not automatically end on the last day of the 12 months from the start date. Agreement or subscription can not be ended before subscription period.

    • If the device (ie .vehicle is sold, stolen/hijacked, written off or repossessed

      The agreement does not end automatically if you sell the vehicle or if there is theft, loss or damage to the unit or the vehicle that it is fitted to. If the vehicle is stolen/hijacked, written off or repossessed, you must tell us immediately. If you sell the vehicle, you must tell us at least three days before you hand the vehicle over to the new owner.

    • Until the agreement is cancelled in the way allowed in this section, you accept that you remain legally responsible for all fees for the remainder of the agreement. For this reason, we recommend that you insure the unit. You can ask us for a suitable ISuraksha product to assist you with this.
      • If you sell the vehicle

        If you sell the vehicle before the end of 12 month, you can transfer the agreement to your next vehicle. If you choose to do this, we will need certain information from you (for example, details of your next vehicle and the date of purchase). We may remove the unit from the vehicle and install it into your next vehicle or we may install a new unit in the new vehicle. There is a charge for removing the unit and/or installing a new unit in your next vehicle. Before you ask to transfer the agreement, please ask us what charge applies at the time. If you sell the vehicle before the end of 12 months, you (or new buyer) can continue until the end of the contract period.

      • If the vehicle or personal device is stolen or hijacked

        If the vehicle or personal device is stolen or hijacked or person kidnapped and not recovered will not entitle you for a refund from iSuraksha.

        If you can no longer finance the vehicle and it is repossessed by the financing company, this will not entitle you for a refund from iSuraksha.

    • If you breach the agreement
      • When we can end the agreement immediately

        We have the right to end the agreement immediately if you do any one or more of the following:

        • You do not have the consent of the owner of the vehicle to enter into the agreement and to use the services for the vehicle;
        • You do not get consent or make the required disclosures to the owner or driver of the vehicle, as required in Section I to use the services;
        • You use the services in any way or for any purpose that is invalid or illegal;
      • If you breach the agreement, you agree:

        • to pay us and our affiliates and suppliers the value of all loss or damages that we or our affiliates or suppliers suffer as a result of you breaching the agreement;
        • to pay us and our affiliates and suppliers the value of all loss or damages we suffer from claims that are brought against us or our affiliates or suppliers as a result of you breaching the agreement;
        • to pay all legal costs reasonably incurred by us on the scale as between attorney-and-own-client if we have to take legal steps against you;
        • to pay collection costs reasonably incurred by us while trying to collect any amounts that you owe to us.
        • If you breach the agreement (which includes breaking your warranties or undertakings), you accept that you are required to take on the legal responsibility or loss and damages that we or our affiliates or suppliers might suffer or be required to pay. You accept that this might also lead to us having claims against you and to you being legally responsible to us for extra amounts, including any costs or damages we must pay to our affiliates or suppliers.

          You accept that you are also legally responsible to pay:
          • any legal costs that we pay to our lawyers. These costs are calculated at a much higher rate than the courts normally apply;
          • any amounts that we pay in trying to collect or get you to pay money that you owe to us.
      • If we breach the agreement

        If we breach any term of the agreement, you must give us 14 business days to correct the breach. If we do not correct the breach within that time, you have the right to cancel the agreement. You must give us 20 business days’ notice after the 14-day period ends. If we breach the agreement, we will pay the following when you ask us to:

  • SENDING NOTICES UNDER THE AGREEMENT

    • Address where we agree to accept notices, including legal notices
    • Any notices you send to us under the agreement, including legal notices (for example, a letter of demand), must be delivered to us at any one of the following addresses: By hand or post ISuraksha Solutions PVT. Ltd 101, 1st Floor, Survey No.1315, Shakti Heights, Plot 18 C / 19A Mauje, Pimple Gurav,Pune, India 411061 Email: sales@iSuraksha.in; For any questions, concerns or complaints, you can contact us at the Customer Care Centre on +91 8600990065. To update or change your details or any of the information that you gave us in your application, you can contact us by:

      • phoning the contact centre on +91 8600990065;
      • emailing us at: sales@iSuraksha.in;
      • logging into your account on the ISuraksha website and updating the information in the way we request on the ISuraksha website.
      • Please note that only you personally have the right to update or change your details or any of the information that you gave us in your application.

    • Address where you agree to accept notices, including legal notices

      Any notices we send to you under the agreement, including legal notices (for example, a letter of demand), will be delivered to you at the address you gave on the application or any later address you have given us proper notice about. If you chose email as your preferred method of communication on the application, you agree that we may deliver notices, including legal notices, to your email address. You must tell us about any change of address on the ISuraksha website or through the customer care centre on +91 8600990065. If you change address but you do not tell us on the ISuraksha website or through the customer care centre, you agree that you will accept notices, including legal notices, at the address you gave to us in your application.

    • Time periods for notices, including legal notices

      For both parties, any notice delivered under the agreement is treated as being received:

      • on the date of delivery, if delivered by hand to the physical address;
      • 10 days after posting, if sent by ordinary mail to a postal address;
      • on the first business day after sending an email;
      • When we treat a notice as if you have received it by a certain date and time, it means we do not have to prove that you did receive it then. If you claim that you did not receive the notice by that date and time, then you will have to prove it.

    • Notices by SMS or email

      We have the right to send you notices about the following issues by SMS or email:

      • Increases to fees;
      • Defective units or units that are not reporting;
      • Reminder of renewal of subscription.
      • Notices that we intend to suspend the services to you.
      • Unless a particular paragraph says differently, we will send all communications and notices to you by email and/or SMS. If we cannot contact you by your preferred contact method, we have the right to decide to use another contact method.

  • N. OUR LEGAL RESPONSIBILITY TO YOU IS LIMITED

    As far as the law and sections C4 and D5 allow, we are not legally responsible for:
    • any loss or damages that you might suffer where there is any delay, suspension or interruption in the services because of any of the events or circumstances referred to in section D5;
    • any loss or damages that you might suffer because of our, our suppliers’ or our affiliates’ negligence. This excludes gross negligence or willful misconduct. Gross negligence is a serious lack of care in performing a legal duty owed to you under the agreement. Willful misconduct is deliberately doing something that should not be done or deliberately not doing something that should be done, knowing that someone might suffer loss or damages as a result; In case of suppliers’ or our affiliates’ negligence iSuraksha will have limited liability.
    • any delay, breakdown, failure or loss that you might suffer because of a defect or deficiency in the intellectual property;
    • any failure, delay or interruption in your use of the ISuraksha website, including:

      • system and server crashes
      • system errors;
      • computer malfunctions;
      • unit or software faults;
      • security breaches;
      • theft;
      • incompatibility issues;
      • fire, flood, any other event referred to as an “Act of God”;
      • war, civil disturbances;
      • international restrictions, embargoes
      • any lost, corrupted or undelivered data or information, regardless of the cause;
      • any loss of profits, business or revenue that you suffer;
      • any loss of profits, business or revenue that you suffer;

      You accept that there are certain types of loss or damages that you may suffer that you cannot claim from us at all. This includes the loss and damages listed in this clause above, and loss or damages that result from any of the events listed in this clause above. You use the services and the unit knowing and accepting these risks.

  • O. INDEMNITY

  • As far as the law allows, you agree to reimburse us, our affiliates and our suppliers against any loss we or they may suffer from a claim brought against any one or more of us, where the claim results from:

    • your breach of your legal responsibilities under the agreement;
    • your use of the intellectual property;
    • any deliberate or unlawful act that you commit or failure to act.

    The legal responsibilities set out in this section N will survive the end of the agreement. You accept that this clause requires you to take on risk and legal responsibility for claims, loss and damages that we, our affiliates and our suppliers might suffer. We are not legally responsible to you or anyone else for any claims made against us, our affiliates or our suppliers. You accept that this clause may also lead to us, our affiliates or our suppliers, having claims against you and to you being legally responsible to us for additional amounts, including for any costs or damages we, our affiliates or suppliers are required to pay.

  • P. THE RIGHT TO SUB-CONTRACT SERVICES AND ADMINISTRATION

    We have the right to sub-contract to our affiliates or suppliers:

    • some or all of the services
    • any of the operational, technical and administrative activities we perform to carry out the agreement.

    Any agreement to sub-contract does not release us from our legal responsibility to you under the agreement.

  • Q. TRANSFER OF RIGHTS AND LEGAL RESPONSIBILITIES

    We have the right to at any time transfer all or some of our rights in terms of the agreement to any third party without your permission. This transfer of rights is known as a cession. We will write to you to inform you of any cession we intend to make. We do not have to inform you if we cede the rights to any of our affiliates or to any sub-contractors we appoint. As far as the law allows, we have the right to transfer all or some of our legal responsibilities under the agreement to any third party without your permission. This transfer of legal responsibilities is known as a delegation. We will write to you to inform you of any delegation we intend to make. We do not have to inform you if we delegate the legal responsibilities to any of our affiliates or to any sub-contractors we appoint.

  • R. NEITHER YOU NOR WE GIVE UP RIGHTS

    If you do not enforce or exercise your rights in the agreement, this does not mean that you have given up these rights. You have the right to enforce the rights in the agreement at any time. If we do not enforce or exercise our rights you have against us in terms of the agreement, this does not mean that we have given up these rights. We have the right to enforce the rights in the agreement at any time.

  • S. EACH PROVISION IS SEPARATE

    Each provision in the agreement is separate. Parts of a provision are also separate. If any provision or part of a provision is or becomes illegal, invalid or unenforceable for any reason, it must be treated as if it had not been included in these terms and conditions. This does not make the rest of the provisions illegal, invalid or unenforceable.

  • T. IPC APPLIES

    These terms and conditions are governed by and must be interpreted under the laws of India. This applies even if one or both of the following apply:

    • You do not live in India;
    • You agreed to these terms and conditions outside India.
  • GUIDELINES TO INTERPRETING THE AGREEMENT

    • Headings

      Headings are aids to reading and understanding. They are not terms or conditions themselves. Headings do not limit or extend the meaning or application of the terms or conditions.

    • Singular and plural

      Words in the singular include the plural. Words in the plural include the singular.

    • Forms of words

      Words used in one form have their corresponding meaning when used in another form. For example, to claim, claiming, claimed.

    • The word including

      The word ‘including’ must be interpreted as introducing an example list and not limiting the list or excluding additions to it.

    • General words are not limited

      Where there is a list of specific things that belong together to describe a general word or phrase, the general word or phrase can have other meanings and can include other things. The general word or phrase must not be interpreted to only apply to those specific things or things similar to those specific things.

    • Calculating days

      Where a number of days is given, the days must be counted to exclude the first day and include the last day.

    • Reference to laws

      When there is reference to a law or to a section of a law, we mean that law or section of that law as amended, repealed or replaced.

    • Text in boxes

      Text in boxes is intended to bring your attention to parts of the agreement that have important legal consequences for you. They explain the fact, nature and effect of terms and conditions that limit or exclude our legal responsibility to you, and terms and conditions where you take on legal responsibility or risk. The text in boxes does not limit the meaning or application of the agreement.