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Terms & Condition


Thank you for using Suraksha Series Android Apps.

Dated: 20 th December, 2014.

Suraksha series Android Apps are location based notification services developed by Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') hereafter referred as 'We', 'Us', 'Our/s'). We are intended to provide information to you and your chosen contacts (s) about your approximate location in case of a distress situation.

By installing the Application, you agree to be bound by these terms and conditions. Please review them carefully before installation and/or acceptance.

REQUIREMENTS:
Age :

The Service is only available to individuals aged 13 years or older. And if you are less than 13yrs, your parental consent is mandatory.

Device:

To use the service, our product requires a Device with a minimum amount of 60MB of available storage, the Android operating system version 2.3 and above, Internet access, SMS/ Call charge balance and GPS location services being activated with your local telecom provider is required to be enabled for accurate location tracking.

CONFIRMATION:

You confirm that you are 13 yrs or older.

You confirm that you are completely aware that the Services may not work accurately, continuously or error-free depending on circumstances such as network connectivity, availability of GPS/ Wi-Fi information, status and/ or condition of your/ your chosen contact's device, battery level and other circumstances which are out of our control.

You hereby agree to Security of your Device and Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi') Account Details.

• It is your responsibility to ensure the safety and security of your Device and your Saarthi.co user account. You must not tell anyone the password to your user account or allow any other person to access your user account. You must take care not to leave your password and account details where someone else could find them. You will be solely responsible and liable for all activity that occurs under your user account.

• Saarthi.co may provide facilities for username and password recovery, we cannot guarantee that this will be effective to recover access to your account. If you lose your account details, you may not be able to access your Content.

DISCLAIMER OF WARRANTIES:

The accuracy of the location information and timely delivery of services may be affected by the surroundings, network availability, strength, GPS working on device and the condition of the device and that of your chosen contact. Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') disclaim any warranty that the services will work accurately, continuously or without any error. Your chosen devices must be a working mobile phone, device turned on and capable of accepting internet messages & text messages. In order for the Services to function as intended, it is mandatory to switch ON the GPS & Wi-Fi functions.

The Services are provided on 'As Is', 'With all faults' and 'As available' basis. You are solely responsible and bear the complete Risk for using them. Neither Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') nor its licensors or franchisees give any express warranties, guarantees or conditions under or in relation to the services. Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') and its licensors expressly disclaim all representation and warranties of any kind, whether express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose and Non-infringement, and implied warranties from course of dealing or course of Performance.

No representation or warranty is made regarding the availability, accuracy, completeness or reliability of the Services or any content, Notifications or other functionality of the Services, including, without limitation, any Distress alert, Distress call, SMS, Distress e-mail, GPS location, etc; and you acknowledge and agree that your use of the same is at your own discretion and risk.

Without Limiting the foregoing, Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') and its Licensors make no representation or warranty that (i) The Services will meet your Requirements ( ii) The Services will be uninterrupted, timely, secure or error free ( iii) The content obtained from the Services, or any notifications or functionality of the services will be available, accurate, complete or reliable ( iv) The quality of Services or any information, or other material obtained by you through the Services will meet your expectations or (v) Any errors or bugs in the Services will be corrected.

AGREEMENT:

You agree to share your location and contact details. Where your location details will be shared with the chosen contacts.

In addition, Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') may collect and transfer to a third party service providers, your device information or any other data collected during the service for effective completion of our service.

You agree that you have taken consent from the chosen contacts to send the distress alerts, messages and call to the respective contact.

You are aware and agree that SMSes will be sent from your mobile, at your cost, to confirm the mobile numbers & their acceptance by the pre-identified contacts. You confirm that you are aware & agree that any change in the list of pre-identified number will result in reconfirmation of SMSes being sent to all the pre-identified numbers from your mobile and your cost.

You are aware and agree that - Your mobile's Internet, SMS & Talktime plan will be used to send data information on your location on a continuous basis for a defined period of time (as per the respective product features/ specifications) and that you will be charged by your network operator for using the Internet, SMS and Talk time, as per the terms you have agreed with them.

Your contact information on your device will be stored on Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') website and you agree to give us the right to share the information that you are using our app, with them.

Depending on the type of product you have procured, Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') will access the relevant details from your/ your contact’s  devices and you as the authorized person have given us the rights to access the same by agreeing to opt for the app/ services.

You hereby agree that you have no objection to us sending you periodic alerts on our new/ existing products, services, new launches, renewal of products/ services or any other marketing alert on behalf of our partners.

CHARGES AND DATA ALLOWANCES:

You are required to pay for your Subscription for the Subscription Period up-front on an annual basis (the "Charges"). Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') will only charge you for one Subscription Period at a time.

Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') recommend that you remain aware of your account usage and remaining Data Allowances at all times. We may notify you via email and/or SMS (at our option) if you have reached or are within 10% of reaching any of your Data Allowances for storage, upload and/or retrieval.

The Charges (and, where applicable, the charges for Additional Data Allowances) do not cover SMS, data, network or other charges imposed by your mobile network operator or internet service provider ("Data Costs") in connection with your use of the Application. You acknowledge and agree that:

Ordinary use of Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') Product may involve a significant amount of data upload and download.

You and your Loved One will incur Data Costs while using the Product. These may be additionally subject to roaming Data Costs which may be higher if you use the Application while "roaming" outside your usual location/ country of residence; and these Data Costs are your sole responsibility.

By accepting these Terms, you authorize Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we') to charge the current applicable Charges for the Subscription Period. The Charges may be subject to change from time to time. If we change the Charges for the Data Allowances during your Subscription Period, these changes will not apply until you renew your Subscription. However, any Additional Data Allowances purchased by you during your Subscription Period will be charged at My Witness's currently applicable prices specified at the time of purchase.

SUBSCRIPTION TERM :

Your Subscription commences once you have clicked "I Accept" and will be continued for one year (agreed period for the specific product) from commencement, unless and until terminated earlier by you or us in accordance with these Terms ("Subscription Period").

Shortly before the end of your Subscription Period, Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') may/ will contact you to ask whether you would like to renew your Subscription.

When your Subscription Period ends, your Subscription will expire and you will no longer be able to use the Product, unless you renew your Subscription before this time. All renewals will be on our updated pricing and Terms & conditions.

PRIVACY AND USE OF DATA :

Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') take your/ your contact’s privacy very seriously. All the Contents and personal information of you and your contacts are held in accordance with our Privacy Policy. Please review this in detail in "Privacy Policy".

You grant us a limited, transferable, sub-licensable, non-exclusive right to use your contact’s Content as reasonably required in connection with your use of Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') Product as contemplated by these Terms or as otherwise agreed with you.

You acknowledge and agree that you are solely responsible for ensuring the lawfulness of the Content and obtaining any and all necessary rights and consents to upload, store and access any Content to, in or from the Product. It is your responsibility to ensure that:

Your Content does not infringe any intellectual property rights, privacy rights or any other rights of any person; and your Installation & use of the Product does not breach any obligations of confidentiality to any person or organization.

Content uploaded during Distress Notifications will be retained by us for a minimum of 7 days after which it will be permanently deleted.

RIGHTS AND RESTRICTIONS :
License to Use Products :

In exchange for you agreeing to comply with these Terms and pay the Charges, Saarthi.co ( 'Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') grant a limited, non-transferable, and non-exclusive license for each member to use the Product and the Documentation for your Subscription Period strictly in accordance with these Terms & conditions.

The Product and Documentation are licensed to each User and not sold to you. Except for the limited license granted in these Terms, you acknowledge and agree that all intellectual property rights in the Product and Documentation throughout the world (the Application Rights) belong to Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') or its suppliers or affiliates and you have no rights in, or to, the Products or the Documentation other than the right to use them in accordance with these Terms.

The Product Rights are protected by national and international laws, and all rights not expressly granted to you are reserved by us.

Violation of Terms :

If you violate any of the material terms and conditions of the Terms, your rights under this license will be immediately terminated and we may terminate your access to Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi',) Account and to the Products without prior notice and without refund to you.

Proper Use of the Product :

The Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'our') product is first and foremost a personal distress and safety application, and is not intended for social or frivolous use.

You must only activate Emergency Notifications when you believe in good faith that your or another person's personal safety is or may be in jeopardy;

You must only use our Product and Content captured by the Application in line with the Permitted Use and applicable law and regulations.

Our Products may not work under unfavorable circumstances because of Network Problem or Mobile phone jammer; thus are not projected for operational purpose of nuclear facilities, life support systems, emergency interactions, aircraft navigation or communication systems, air traffic control systems, or any other such activities where the Products in unfavorable circumstances which may cause death, personal injury, or severe physical or environmental damage.

Alteration :

You may not make any alterations to or modifications of, the Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'our') product in whole or any part of the application or combine any of the part with, or become incorporated in, any other program. Use of our product provided as an approved part, is permitted, provided that you use the feature as exclusively permitted and only in the exact manner specified and permitted by us.

You may not remove, deface or destroy any copyright notice, patent notice, trade mark or other proprietary marking placed on or within our product or any part of it.

You may not use our Product to perform any unauthorized transfer of information or for any unlawful purpose or in an unlawful manner.

You may not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of our Product.

Sale, Distribution or Assignment to Third Parties :

You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'our') Products or your rights to our Products to any third party without authorization.

You may not publish Content captured by our Product which may be regarded as defamatory or offensive.

Security Features :

You may not attempt to, nor assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption that protect any Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'our') Product. If you violate any security feature, you may incur civil or criminal liability.

Proprietary Notices :

You may not remove any watermarks, labels or other legal or proprietary notices included in any Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'our') Product, and you may not attempt to modify any Products including any modification for the purpose of disguising or changing any indications of the ownership or source of a Product.

Defective Products :

Once a Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'our') Product is available to you through your Saarthi account, you should check the Product as soon as reasonably possible to ensure that it is downloaded correctly (as applicable) and performs as stated, and report to us as soon as reasonably possible if you find any errors or defect.

Changes :

Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we') reserves the right to change, modify, add or remove sections of the Products, services, Website Terms and to add to, change or discontinue the information contained in, or any other aspect of, this Site at any time and without liability. We will notify you of such changes by posting an updated version of the Website Terms on our Site. Please check this Site regularly for changes as your continued use of this Site signifies your acceptance of any changed Website Terms.

Updates :

Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we') may replace the current version of the product with any updated or upgraded version or new release made available by us under these Terms promptly on receipt of notification of such version or release.

Links to external sites :

Links may be included on Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'our') Site which will allow you to connect with sites that are not under Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'our') control. Saarthi.co provides these links only as a convenience. The appearance of a link does not imply our endorsement; Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we') are not responsible for the contents of any linked site. You access them at your own risk. Subject to any non-excludable rights, Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we') disclaim all warranties, express and implied, as to the accuracy, value, and legality or otherwise for any materials or information contained on such sites. You should carefully review the terms of use and privacy policies of all external websites that you visit.

Other Rights :

Unless otherwise noted, all materials on Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'our') Site including Products, Services, and contents are protected as copyright, trade names, trademarks or other intellectual property owned by Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') and/or its affiliates or by other parties that have licensed their material to Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us'). Other than viewing and downloading content from this Site for purposes permitted on this Site, you do not have the rights to use these intellectual property rights without the written permission of their owner. You agree that you will not use this Site for any unlawful purpose. You will not violate or attempt to violate the security of this Site.

Liability :

You expressly understand and agree that neither Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'our') nor itsr licensors shall be liable under a negligence theory, or under any other legal or equitable theory, including, without limitation, contract, Tort or strict liability, for any direct, indirect, incidental, special, punitive, consequential or exemplary loss, liability, damage or expense, including but not limited to, loss of profits, loss of use or other losses ( Even if repair, replacement or a refund for the services does not fully compensate you for any losses.

Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'our') and/ or its licensors knew or should have known of the possibility of such loss, liability, damage or expense) directly or indirectly resulting from or arising out of: (i) Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort to the extent permitted by applicable law (ii) your use or your inability to use the services (iii) the cost of procurement of substitute services (iv) unauthorized access to or alteration of your transmissions or data (v) Statements or conduct of any third party (vi) this agreement (vii) Injury to person or property ( including death), or ( viii) Any other matter relating to the services or the content provided through the services.

Your sole and exclusive remedy for any dispute with Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'our') or its licensors related to this agreement or the services shall be ceasing use of the services.

Governing law :

These Website Terms will be governed by the laws of State: Thane, India, and shall be subject to the non-exclusive jurisdiction of the courts of Thane, India. In the event that any of the Product, Services and Website Terms are found to be unenforceable under Indian Penal Code, this will not affect the remainder of these Terms & conditions.

Indemnification:

You agree to hold harmless, indemnify and defend Saarthi.co ('Suraksha' or ' Saarthi.co', 'we', 'us') and its licensors from and against any claims, actions, demands, costs, liabilities, losses, damages, fines and expenses (including reasonable lawyer's fees & costs) arising out of; or relating to your use of the services; or any failure by you to comply with this agreement. If, despite the personal nature of the licenses granted to you under these terms & conditions, you allow any individual to use the services, or provide to any individual any information received via the services, you agree to inform such individual and you agree to hold harmless, indemnify and defend Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we', 'us') and its licensors from any and all claims, liabilities, losses, damages, fines and expenses (including lawyer fees and related costs) related to such individual's use of services.

Force Majeure :

Neither Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi', 'we') nor its licensors shall be liable for any delay or failure in performance under these terms and conditions or interruption of the Services, resulting from acts of God, civil or military authority, war, acts of terrorism, labour disputes, materials or services provided by third parties, or any cause beyond the reasonable control of Saarthi.co or its licensors.

Termination of Account :

For termination of Saarthi.co ('Suraksha' or ' Saarthi.co', 'Saarthi') account at any time, write to us with the reason for termination from your registered email id to sales@saarthi.co. After the confirmation mail from you, your account will be deleted permanently within a period of time.