The Navtek Apps, the devices and the Site are collectively referred to herein as the “Service”. This Terms of Service along with the Additional Terms (defined below), as such terms and policies may be updated from time to time (collectively, the “Terms”), governs your use of the Apps and the Navtek Service.
By downloading an App, visiting the Site or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Service.
You are solely responsible for the use of the Service. By using the service you acknowledge that your use of the Service is solely at your own risk. Uses of the App or any other downloadable software components provided by Navtek are subject to these Terms of Service and any Additional Terms provided by Navtek.
In addition to these Terms of Service, the following additional terms apply to your use of the Service. By using the Service, you agree to be bound by these additional terms (including any age restrictions applicable to use of a particular App or feature of the Service), as applicable, which are incorporated herein by reference (collectively the “Additional Terms”):
In the event of a conflict between the terms and conditions in this document and the terms in any of the Additional Terms, these Terms of Service will control.
Subject to the Terms, Navtek grants you a limited, non-exclusive, non-transferable, revocable license to use any software that is provided by Navtek in connection with your use of the Service.
For security purposes, in order to access the Service, you have to create an account and verify your identity to help make sure that you are only putting your payment methods on the App. You hereby represent and warrant that the information you provide to Navtek upon registration will be true, accurate, current, and complete and that you will only put payment methods in the App that belong to you. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times
As a registered user, you will have login information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Navtek by e-mail at firstname.lastname@example.org. You are solely responsible for your own losses or losses incurred by Navtek and others due to any unauthorized use of your accounts
Some Apps and features of the Service may allow you to link your account(s) on the Service to your accounts on third party services, such as online banking services. You may be given the option to link your account on the Service to an account on a third party service (such as ICICI, SBI, Bank of America, American Express or Capital One). If you take that option you are authorizing Navtek to store and use your access credentials to access your account on your behalf as your agent to integrate your experience with the Service with content, information, and features available through such third party service(s). Use of a third party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
Navtek may contain or display through the Service various materials and content from third parties (“Third Party Materials”). The display on or through the Service of such Third Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by Navtek of any third party or any affiliation between any such third party and Navtek. Furthermore, in using and accessing the Service, you agree that Navtek is in no way responsible for the accuracy, timeliness, or completeness of Third Party Materials. Navtek’s display of specific Third Party Materials does not suggest a recommendation by Navtek of the third party or any products, services, websites or plans offered. Your interaction with any third party accessed through the Service (whether online or offline) is at your own risk, and Navtek will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third party.
Third Party Links and References. The Service may contain references or links to third-party materials and websites not controlled by Navtek. Navtek provides such information and links as a convenience to you and such links and references should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that Navtek is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Service.
Navtek does not allow use of the Service for any illegal, abusive purposes, in any manner that interferes with or interrupts the proper functioning of the Service, or through the use of any bot, crawler, spider, or other automated process. Navtek reserves the right to restrict or terminate your right to use particular features of the Service if Navtek determines, in its sole discretion, that your use violates these Terms or any other applicable Additional Terms.
You agree not to use the Site or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not do, or attempt to do, any of the following:
The Service is owned and operated by Navtek. The software, content, visual interfaces, interactive features, information, trademarks, logos, graphics, design, compilation, computer code, products, software, services, content, and all other elements of the Service (“Navtek Materials”), are protected by copyright, trade dress, patent, and trademark laws of the India and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Navtek Materials, including intellectual property rights therein and thereto, are the property of Navtek or its subsidiaries or affiliated companies and/or third-party licensors. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Navtek Materials. Navtek reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Navtek Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms.
These Terms will remain in effect until terminated. These Terms, and your rights and licenses hereunder, will terminate immediately upon your breach of the Terms. You may terminate these Terms by cancelling your account with Navtek and, if applicable uninstalling and ceasing use of the Apps. Navtek may terminate the Service, disable any App, and/or these Terms, or limit or terminate your access to the Services at any time for any reason or no reason at all. No refunds will be granted in connection with any termination of the Service. Sections 2, 9, 10, 11, 12, 13, 14, 15 and 16 shall survive the termination of this Agreement for any reason; along with any provisions of the Additional Terms that expressly by their terms survive. You agree that termination of your account is your sole remedy for any dissatisfaction with the Service.
Navtek reserves the right, in its sole discretion, to add, remove, or modify features of the Service at any time for any reason without liability to you. Navtek may change, modify, add, or remove portions of these Terms (including the Additional Terms) at any time by making such modified terms available to you on the Navtek website or through an App, or both. If Navtek materially modifies these Terms, it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. No modifications to these Terms will apply to any dispute between you and Navtek that arose prior to the date of such modification.
Your use of the Service after modifications to these Terms become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of these Terms, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.
The service is provided on an “as is” basis, without warranty of any kind. to the maximum extent permitted by applicable law, navtek disclaims all warranties, express, implied, statutory or otherwise, including but not limited to implied warranties of fitness for a particular purpose, merchantability, title, quality, and non infringement. navtek expressly disclaims any warranties of any kind with respect to the service, including with respect to the accuracy or functionality of the service, the accuracy, validity, or completeness of any information available through the service.
Under no circumstances will navtek, its officers, directors, employees, agents, or suppliers be liable to you or anyone else for any loss or injury or any direct, indirect, special or other consequential damages arising out of or in connection with your access or use of, or inability to access or use the service and the information available thereon, even if navtek has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. in no event will navtek’s total cumulative liability arising from or related to your use of the service, whether in contract or tort, exceed rupees three hundred (rs. 300).
You agree to indemnify, defend and hold Navtek and its affiliates, officers, directors, employees, agents, suppliers, and customers harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your use or misuse of the Service, your violation of the Terms or the Additional Terms, any applicable law or regulation, or the rights of any third parties related to the use of the Service.
In the interest of resolving disputes between you and Navtek in the most expedient and cost effective manner, you and Navtek agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Navtek are each waiving the right to a trial by jury or to participate in a class action. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or under these Terms must be filed by either party within two (2) years after such claim or cause of action arose or it will be forever barred.
Not with standing subsection
Any arbitration between you and Navtek will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes in Consumer court, Mumbai.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Navtek’s address for Notice is: Navtek Solutions, 324, Blue Rose Industrial Estate, Western Express Highway, Borivali East, Mumbai-400066, Maharashtra.
The notice must
We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Navtek may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Navtek shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Navtek shall pay you the greater of
In the event that you commence arbitration in accordance with these Terms, Navtek will reimburse you for your payment of the filing fee, unless your claim is for greater than Rs. 5,000, in which case the payment of any fees shall be decided by the Consumer court. Any arbitration hearings will take place at a location to be agreed upon in Mumbai, provided that if the claim is for Rs 5,000 or less, the party requesting relief may choose whether the arbitration will be conducted through binding non-appearance-based arbitration. This non-appearance-based arbitration must comply with the following rules :
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper, then the payment of all fees will be governed by the Consumer court. In such case, you agree to reimburse Navtek for all monies previously disbursed by it that are otherwise your obligation to pay under as directed by Consumer court. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the preceding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
You and navtek agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. further, unless both you and navtek agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In the event that Navtek makes any future change to this arbitration provision (other than a change to the Navtek’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Navtek’s address for Notice, in which case your account with Navtek shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If only Subsection (f) of this Section 15 or the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the India as they apply to agreements entered into and to be performed entirely within India by Indian residents regardless of your country of origin or where you access the Services, and without regard to conflict of law principles or the United Nations Convention for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Navtek agree to submit to the personal and exclusive jurisdiction of the state courts located within Mumbai for the purpose of litigating all such claims or disputes. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and Navtek, and supersedes any and all prior agreements, negotiations, or other communications between you and Navtek, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. In the event that any provision of these Terms is held to be invalid or unenforceable, then :
The Service hereunder is offered by Navtek Solutions :
324, Blue Rose Industrial Estate, Western Express Highway,
Borivali East, Mumbai-400066, Maharashtra.