Yatis Telematics Terms and Conditions
General Terms Applicable to all Users
The User is responsible for maintaining the confidentiality of the User’s account ID and password and the User accepts responsibility for all activities that occur under the User’s account or password. The User, if an individual, affirms that he or she is competent to understand, enter into, and comply with these Terms and Conditions, and is not under 18 years of age, if so, the User may not use certain Services or access certain portions of the Services, as determined by Yatis Telematics in its sole discretion from time to time, except under the supervision of a parent or guardian who is also a User and who is not a Minor. For example, Users may not purchase or order any materials from the Yatis Telematics Site and will generally only be able to access features granted to them by a parent or guardian.
Changes to these Terms and Conditions
Yatis Telematics reserves the right to make changes to these Terms and Conditions by advising the User of the proposed change using a form of notice that is appropriate for the nature of the proposed change(s), including where appropriate by posting amended Terms and Conditions on the Yatis Telematics Site. The changes are effective on the later of (i) the date specified in a notice delivered by Yatis Telematics to the User advising of such changes (which message may be delivered by email, messaging, or other electronic means), or (ii) 14 days after the amended Terms and Conditions are posted on the Yatis Telematics Site. If the User does not agree to the amended Terms and Conditions, the User may no longer use the Yatis Telematics Site or the Services after the effective date of the amendment.
Use of the Yatis Telematics Site
Effective upon Yatis Telematics’s acceptance of a User’s request to become a registered User of the Yatis Telematics Site and provided that the User continues to comply with these Terms and Conditions, Yatis Telematics grants to the User a personal, nonassignable, license to log into and access the Yatis Telematics Site, access content made publicly available on the Yatis Telematics Site (the “Public Content”). Any breach of express license restrictions on any of the Site Content may lead to termination of a User’s account and his/her further access to the Yatis Telematics Site and the Services.
Subject to any licensing restrictions attached to any part of the Site Content, a User may view the Public Content on the Yatis Telematics Site at no cost. Users will be responsible for paying all fees associated with applicable Services as clearly outlined on the Yatis Telematics Site.
Termination of Access
If the User uses the Yatis Telematics Site in any manner that is prohibited by these Terms and Conditions, Yatis Telematics may without notice terminate or suspend the User’s use of or access to the Yatis Telematics Site or the Services.
Changes to the Yatis Telematics Site and Services
Yatis Telematics reserves the right to change any aspect of the Yatis Telematics Site or the Services including the right to refuse or remove any part of the Site Content, whatever the source, at any time without any notice or liability to the User.
Prohibited Use of the Yatis Telematics Site
The User may not use the Yatis Telematics Site to engage in any unlawful activity or to infringe the rights of Yatis Telematics, its affiliates, or its customers, or any third party. The User will not (and will not allow the User’s employees or agents to) (I) interfere with the operation of the Yatis Telematics Site or the Services in any way, or interfere with anyone’s use or enjoyment of the Yatis Telematics Site or the Services, or use the Yatis Telematics Site or the Services to gain unauthorized access to other computer systems; (ii) send chain letters, junk mail, or spam or use any distribution lists in respect of any person who has not given specific permission to be included in such a process or to distribute or publish advertisements or solicitations of business other than such communications expressly permitted by Yatis Telematics; (iii) broadcast, publish or transmit any unlawful, harassing, libellous, defamatory, abusive, threatening, or harmful material of any kind or broadcast, publish or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (iv) impersonate any person or entity on or through the Yatis Telematics Site; (v) post any content that infringes or misuses any copyright or other right of any person, or may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; (vi) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Yatis Telematics Site or any component thereof (except as permitted under applicable local law after having given Yatis Telematics written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability); (vii) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Yatis Telematics Site or the Site Content or the Services or any component thereof other than as may be expressly permitted by Yatis Telematics or as permitted by applicable laws; or (viii) disclose the User’s password or otherwise grant access to the Yatis Telematics Site to any third party, other than the User’s authorized agent. The User agrees to abide by all additional rules, policies, and restrictions of which the User is provided with notice that apply to any portion of the Yatis Telematics Site or the Services.
Operation and Maintenance of the Yatis Telematics Site
Yatis Telematics operates the Yatis Telematics Site in a commercially reasonable manner and may from time to time interrupt the Yatis Telematics Site’s services for regular and emergency maintenance. Where Yatis Telematics has advance knowledge of any interruption to the Services, Yatis Telematics will make reasonable efforts to provide advance notice to the User of any such interruption.
Monitoring Use of the Yatis Telematics Site and Services
Intellectual Property of Yatis Telematics
The copyright to the Yatis Telematics Site, the design and appearance of the Yatis Telematics Site, and all of the material and the Site Content are owned by or licensed to Yatis Telematics. This material is protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of Site Content, including caching, framing, or similar means, from the Yatis Telematics Site (except as permitted herein) without permission of Yatis Telematics is expressly prohibited. Yatis Telematics and other Yatis Telematics graphics, logos, publication designs, and service names are trade-marks of Yatis Telematics or its affiliates or associates. All other trade-marks not owned by Yatis Telematics or its affiliates that appear on the Yatis Telematics Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yatis Telematics or its affiliates. The display of any trade-marks on the Yatis Telematics Site does not imply that a license has been granted for any further use.
Trademark License for Marketing, Promotion, and Distribution
Each party (as “Licensor”) hereby grants to the other party (as” Licensee”) a nonexclusive, non-royalty bearing, worldwide license to use its trademarks and logos and, in the case of User , the trademarks and logos of any of its affiliates and the licensors of User and its affiliates that are implementing Apps on the Yatis Telematics Site to market, promote, distribute, and deliver Apps as contemplated by this Agreement. The Licensor may terminate or limit the foregoing license if, in the Licensor’s reasonable discretion, the Licensee’s use of the Licensor’s Mark tarnishes, blurs or otherwise dilutes the quality or goodwill associated with the Marks and such use is not cured within ten (10) days of receipt of a written notice thereof. Title to Licensor’s Marks, and all goodwill associated therewith, remains with the Licensor. The Licensee shall use the Licensor’s Marks exactly in the form provided and pursuant to any style guidelines communicated to it. The Licensee shall not take any action inconsistent with the Licensor’s ownership of its Marks, and any benefits accruing from use of such Marks, including all goodwill associated therewith, shall automatically vest in the Licensor. The Licensee shall use the Licensor’s Marks in a manner that creates a separate and distinct impression from any other trademark, trade name or service mark.
Claims of Infringement
Yatis Telematics respects the intellectual property rights of others. If any person believes that his or her work is accessible on or through the Yatis Telematics Site in a way that constitutes copyright infringement, please contact firstname.lastname@example.org to report copyright infringement. Upon provision of a notification in accordance herein, Yatis Telematics, in its discretion, may suspend access to such allegedly infringing content until resolution of the dispute between the rights holder and the alleged infringer.
Dealing with Third Parties
Any correspondence or business dealings with any third parties found on or through the Yatis Telematics Site is solely between the User and such parties. Yatis Telematics is not responsible for any damages the User may suffer by entering into such transactions or communications.
No Warranties and No Liability
The User acknowledges and agrees that the Yatis Telematics Site and the Services are provided on an “as is”, “without any warranties”, and “without any liability” basis. The parties to these Terms and Conditions acknowledge and agree that this limitation on liability is reasonable in the circumstances. Yatis Telematics does not guarantee the quality, accuracy, completeness, or timeliness of the Yatis Telematics Site or the Services provided in connection therewith, which may contain errors. The User should not assume that the User’s use of the Yatis Telematics Site or the Services will be error free or that the Site will operate without interruption. Yatis Telematics does not warrant that the Yatis Telematics site, its servers, or any communication originating from the Yatis Telematics site OR Yatis Telematics are free of viruses, trojan horses, or other harmful components. Yatis Telematics disclaims And EXCLUDES To the Maximum Extent Permitted by Applicable Law all warranties, representations, and conditions regarding use of the Yatis Telematics Site or the Services, including all implied warranties or conditions of merchantability, MERCHANTABLE QUALITY, fitness for a particular purpose, or non-infringement, whether express or implied and whether arising from a course of dealing, usage, or trade practice. Yatis Telematics is not responsible for any indirect, special, incidental, consequential, or punitive damages whatsoever arising out of or in connection with the use Or Misuse of the Yatis Telematics Site or the Services or in reliance on the Apps available on the Yatis Telematics Site, including without limitation any business interruption, loss of use, lost data, lost profits, failure to realize expected savings, or any pecuniary loss, whether in an action of contract, civil liability, negligence, or other tortious action, even if YATIS TELEMATICS has been informed of the possibility of such damages or such damages are reasonably foreseeable. Where the limitation or the exclusion of certain types of damages is not allowed, the limitations, exclusions, and disclaimers in these terms and conditions shall not apply only if and to the extent that the laws of a competent jurisdiction requires liabilities beyond and despite the limitations, exclusions, and disclaimers in these terms and conditions.
Limit on Damages and Claims
Notwithstanding any other provisions of these terms and conditions, the User acknowledges and agrees that under no circumstances shall the aggregate of Yatis Telematics’s liability exceed the fees actually paid by the User in respect of the Yatis Telematics site. Any cause of action that the User may have arising out of or related to the Yatis Telematics site or the services must commence within one (1) year after the cause of action accrues. Otherwise, unless and to the extent such limitation is prohibited by applicable laws, such cause of action is permanently barred.
The User hereby agrees to hold harmless and indemnify Yatis Telematics and its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, or costs they incur arising as a result of the User’s misuse of the Yatis Telematics Site & Services, the User’s violation of these Terms and Conditions, or the User’s infringement of any intellectual property or other right of Yatis Telematics or any other person or entity, including such activities that are carried out by any individual using the User’s account ID or password information.
Any dispute relating to the Yatis Telematics Site or Services shall be governed by Indian law and shall be adjudicated by the courts of Bangalore, Karnataka, India. Nothing in these Terms and Conditions shall prevent Yatis Telematics from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over the User or otherwise over such subject matter. Yatis Telematics makes no representation that the Yatis Telematics Site or the Services are appropriate or available for use in all locations, and accessing the Yatis Telematics Site from territories where the Yatis Telematics Site or its content is illegal is prohibited. If the User chooses to access the Yatis Telematics Site from such a location, the User does so on the User’s own initiative and the User is responsible for compliance with applicable local laws.
Specific Terms Applicable to Certain Users
Type of Users
While all Users are subject to the General Terms above, certain Users are subject to further specific terms. The types of Users are: “Purchaser” which means a User who places an Order; “Developer” which means a User who uploads Apps and makes such Apps available to the public For greater certainty, a Developer may be a Purchaser as well, and a Purchaser who makes Apps publicly available on the Yatis Telematics Site becomes a Developer.
Private Uploaded Apps
Apps which are not made publicly available on the Yatis Telematics Site is referred to as “Private Apps”. Subject to any other agreement between the Developer and Yatis Telematics (i) the Developer represents and warrants that the Developer owns the Private App and all intellectual property rights and other rights therein or has obtained all license rights necessary to enable the relevant activities, (ii) the Developer is responsible for ensuring that the Developer has the right to provide the Private App to Yatis Telematics for hosting and transmission with the Yatis Telematics Site and the Services (to the extent applicable), and (iii) notwithstanding any disclaimers or limitations otherwise applicable in respect of the Private App, the Developer agrees to hold harmless and indemnify Yatis Telematics for any liability arising from the Private App.
Subject to any other agreement between Developer and Yatis Telematics (i) Developer represents and warrants that Developer owns the Published App and all intellectual property rights and other rights therein or has obtained all license rights necessary to enable the relevant activities, (ii) Developer is responsible for ensuring that Developer has the right to provide the Published App to Yatis Telematics for hosting and transmission in connection with the Yatis Telematics Site and the Services, and (iii) notwithstanding any disclaimers or limitations otherwise applicable in respect of the Published App, the Developer agrees to hold harmless and indemnify Yatis Telematics for any liability arising from the Published App. By uploading or otherwise making available Published Apps, Developer grants to Yatis Telematics the right to make available such Published Apps on the Yatis Telematics Site and allow others to use the Published App as contemplated in these Terms and Conditions and in the applicable service and product descriptions. In the event of any inconsistency between the provisions of these Terms and Conditions and the applicable license terms, these Terms and Conditions shall prevail to the extent of such inconsistency and such license terms will be deemed to have been modified, in writing, by Yatis Telematics and Developer.
Ownership of Uploaded Apps
Unless otherwise stated for specific Services, the Developer or its licensors will retain ownership of and all related rights in any original content provided by the Developer.
Risk of Loss
If an item ordered from Yatis Telematics is substantially damaged in transit to the Purchaser, the Purchaser may request a replacement from Yatis Telematics, at Yatis Telematics’s cost, provided that the Purchaser will, as directed by Yatis Telematics, either return the item to Yatis Telematics.