Effective from date=
of
registration with www.vmsprot=
ection.com
By activating or using our virtual =
mobile
security (“VMS”), you agree to be bound by these Terms and
Conditions (“T&CS”).Please read these T&Cs carefully. T=
hey affect
your legal rights by, among other things, requiring mandatory arbitration of
disputes. If you do not agree to these T&Cs, do not activate, or use VMS.
These T&Cs constitute your agre=
ement
with Innova Technologies and
its affiliates (together, "Innova Technologies", "we", =
or
"us") for use of VMS. You
acknowledge that no employee, dealer, or other agent is authorized to make =
any
representation or warranty (other than as described in the Agreement or our
current materials) with respect to the Agreement.
1. Acceptance of Agreement<=
/strong>: You accept this
Agreement by: (a) activating or using the VMS; (b) signing, orally or
electronically accepting the Agreement; or (c) are deemed to accept the
Agreement, whichever occurs first.
2. Mandatory Arbitration<=
/u>. Please read this
provision carefully. It means that, except as noted below, you and we will
arbitrate our disputes. Any claim or dispute between you and us in any way
related to or concerning this agreement or the provision of VMS
(“CLAIM”) .This agreement to arbitrate also requires you to
arbitrate claims against other parties relating to VMS.
Before Instituting
arbitration, you agree to provide us with an opportunity to resolve your cl=
aim
by sending a e-mail a with the description of your claim to us at support@i=
nnovatechnologies.com,
and negotiating with us at Innova Technologies in good faith regarding your
claim, If we are not able to resolve your claim within 90 days of receipt of
your notice, Then you or we, instead of suing in the court, may initiate ar=
bitration
proceedings.
3. Term; Cancellatio=
n of
VMS.
The term of this Agreement begins from the date of purchase of the VMS We
4.=
<=
strong>VMS Availability =
and
Limits. Your Mobile Phone operates as a radio and VMS is only
available when your Mobile Phone is within range of an antenna providing the
Signal. There may be ga=
ps and
drops in the signal strength within the estimated coverage areas. Even with=
in a
coverage area, factors, such as: network changes, emergencies, traffic volu=
me,
transmission limits, VMS outages, technical limitations, signal strength, y=
our
equipment, interconnecting carriers, terrain, structures, weather and other
conditions (without limit) may interfere with working of VMS, quality, and
availability We are not respo=
nsible
if VMS does not operate under these circumstances. We shall also not be held
responsible if VMS is not operational due to loss of network, cancellation =
or
suspension of the SIM card, if certain types of calls or messages are block=
ed.
5.<=
/b> Compatibility. VMS is compatible with the Mobile =
Phones
which have been listed at www.vmsprotection.com=
, kindly verify the same before purchase of VMS.<=
span
style=3D'mso-spacerun:yes'>
The terms and conditions for use of VMS are given
below:
=
a) &n=
bsp; The SIM card on the Mobi=
le Phone
should be active for functioning of VMS.
b)<=
/b> VMS should be installed =
in the
mobile phones memory, having adequate space for installation of VMS.
=
&nb=
sp;
d) &n=
bsp; One registration code wi=
ll be
assigned per IMI number of the mobile. In case of change in ownership of the
mobile phone, the registration code would also be transferred to the new ow=
ner.
All rights and obligations under the use of VMS as well as this agreement w=
ill
be transferred to the new user.
=
&nb=
sp;
e) &n=
bsp; In the event of a softw=
are
crash or a genuine virus attack, Innova Technologies and its distributors a=
re
not responsible for any loss.
=
f) =
Reservation of Rights: VMS
is licensed not sold. All rights not expressly granted in this Agreement are
reserved to Innova Technologies. No rights or licenses are granted by
implication. End User agrees not to disassemble, decompile, use, distribute=
, or
create derivative works of the Software except as expressly set forth in th=
is
Agreement.
6.&n=
bsp;
=
Disclaimer
of Warranties. Except for any other written warranty
that may be provided, and to the extent permitted by law, VMS is provided
“as is”, and without warranties of any kind, either express or
implied, including without limit, Warranties of any kind, Merchantability,
Non-Infringement, or Fitness for a particular purpose, All of which are
expressly disclaimed. You assume all responsibility and the risk for use of=
the
VMS.We do not authorize anyone to make a warranty of any kid on our behalf,=
and
you should not reply on any such statement. Any statement made in packaging,
Manuals or other documents, Or by any of our dealers (Except for any written
limited warranty), are for informational purposes only and not warranties b=
y us
of any kind. We and our officers, Employees, Agents, Dealers, Suppliers,
Parents, Subsidiaries or Affiliates (“Innova Technologies
Affiliates”) do not warrant that VMS will be uninterrupted, accurate,
complete, useful, functional, bug or error free.
<=
b>
<=
b>
Limitation of
Liability. We are not liable to you, other users=
of
your Product or third parties for any deficiency in performance or quality,
caused in whole or in part by an act or omission of an underlying carrier or
service provider, Web site, messaging community, dealer, equipment or facil=
ity
failure, Product failure or unavailability, discontinuation of VMS, or
Products, network problems, lack of coverage or network capacity, equipment=
or
facility upgrade or modification, delay or failure of number portability, a=
cts
of God, strikes, fire, terrorism, war, riot, emergency, government actions,=
equipment
or facility shortage or relocation, the failure of an incoming or outgoing
call, priority access, =
or
secured call or alert software, or causes beyond our reasonable control. Even if Innova
Technologies has been advised of the possibility of damages, Innova
Technologies and Innova Technologies Affiliates will not be liable to you or
any of your employees, agents, customers or any third parties for any damag=
es
arising from use of VMS or any
product Including without limitation: punitive, exemplary, incidental, treb=
le,
special or consequential damages; loss of privacy or security damages; personal inju=
ry or
property damages; copyright, trademark, patent, trade secret, or other intellectual
property damages; or any damage whatsoever arising from interruption or fai=
lure
of VMS, listing errors, lost profits, loss of business, loss of data, loss =
due
to unauthorized access or due to virus or other harmful components, VMS
suspension, termination, or the inability to use the VMS or any product, the
content of any data transmission, communication, or message transmitted to =
or
received by your product (whe=
ther
read or unread, solicited or unsolicited),or loss resulting from any produc=
ts,
goods, or VMS purchased message received, or transaction entered into throu=
gh
the VMS.If the state law applicable to your claims does not allow the exclu=
sion
or limitation of incidental or consequential damages, or other modification=
s of
or limitations to certain remedies, the relevant portion of the above exclu=
sion
or limitation will not apply to you.
7.&n=
bsp;
Indemnification.<=
/span> You agree to defen=
d,
indemnify, and hold us, Innova Technologies Affiliates, harmless from any a=
nd
all claims, demands, actions, liabilities, costs, or damages arising out of
your use of the VMS, any legal disclosures we make relating to your VMS, or
your breach of this Agreement. You further agree to pay our reasonable
attorneys' and expert witnesses' fees and costs arising from any actions or
claims by third parties.
<=
b>
6. &n=
bsp;
Assignment.<=
span
style=3D'font-size:8.0pt;font-family:"Times New Roman"'> We may assign all =
or part
of our rights or duties under the Agreement without such assignment being
considered a change to the Agreement and without notice to you, except to t=
he
extent provided by law. We are then released from all liability. You may not
assign the Agreement without our prior written consent. Subject to these
restrictions, the Agreement will bind the heirs, successors, subcontractors,
and assigns of the respective parties, who will receive its benefits.
7.&n=
bsp;
Notices/Custom=
er
Communications. We may send you written notice, which may be on or incl=
uded
with your bill, which is considered given and received by you on the third =
day
after the date deposited in the Courier to your address in our billing reco=
rds.
You agree we may also notify and communicate with you, or respond to your
inquiries electronically through &nbs=
p;
e-mail, voicemail, or text messaging, which is considered given and
received immediately upon transmission.
<=
b>
<=
b>
8.&n=
bsp;
Severability and
Survivability. All terms and conditions of these
T&Cs are independent of each other and if any provision of these T&=
Cs
is held to be inapplicable or unenforceable, then (a) that term or provision
shall be construed, as nearly as possible, to reflect the intentions of the
parties with the other terms or provisions remaining in full force and effe=
ct,
(b) the T&Cs will not fail their essential purpose, and (c) the balance=
of
the T&Cs remain unaffected and in full force and effect, unless our
obligations are materially impaired, in which event we have the right to
terminate the Agreement.
<=
b>
<=
b>
<=
span
style=3D'font-family:"Arial Unicode MS"'>9.=
Entire
Agreement/Applicable Law. This Agreement represents the final and enti=
re
agreement between you and us regarding the use of VMS. Electronic images of=
the
Agreement will be considered originals. You acknowledge that you have not
relied on any other representations not specifically included in this
Agreement. If we don't enforce our rights under any of the provisions of the
Agreement, we may still require strict compliance in the future. You repres=
ent that
you are of legal age and have the legal capacity to enter into this Agreeme=
nt.
If you are contracting on behalf of a company, you represent that you are
authorized to enter into this Agreement and agree to be personally liable f=
or
all accounts if you are not so authorized. This Agreement is govern=
ed
by the laws of
<=
strong>
=
13. Ser=
vice
Period. Innova
Technologies warrants to you that during the Service period Innova Technolo=
gies
will give in a commercially reasonable time remedy defects free of charge
through email or web based support system.=
=
Service Period<= /span>
=
&nb=
sp;
The limited service period for the VMS shall be twelve (12) months f=
rom the
date of purchase of the VMS.
1) W= hat is not covered?
a.&n=
bsp;
Durin=
g the
Service Period Innova Technologies shall not cover any third party software,
settings, content, data or links, whether included or downloaded in the mob=
ile
phone, whether included during installation or otherwise and in any way
acquired by you. Innova Technologies does not ensure that VMS will retrieve
your mobile phone; however, it will enable you to protect and track its
location and its new user.
b.&n=
bsp;
Durin=
g the
Service Period Innova Technologies shall not cover errors occurring due to =
i)
normal wear and tear of the mobile phone, ii) defects caused by rough handl=
ing
of the mobile phone (including, without limitation, defects caused by sharp
items, by bending, water, compressing or dropping, etc., or iii) defects or damage caused by m=
isuse
of the mobile phone, including use that is contrary to the instructions pro=
vided
by Innova Technologies other =
acts
beyond the reasonable control of Innova Technologies.
c.&n=
bsp;
The S=
ervice
Period does not cover defects or alleged defects caused by the fact that the
mobile Phone was used with, or connected to, any mobile phone, accessory,
software and/or software not manufactured, or supplied by Innova
Technologies or was used othe=
rwise
than for its intended use. Defects can be caused by viruses from your or fr=
om a
third party's unauthorized access to VMS, the mobile phone or networks. This
unauthorized access can take place through hacking, password mining or thro=
ugh
a variety of other means.
Innova Technologies=
shall
not be responsible for errors /defects caused to VMS relating to the follow=
ing:
a. Errors that result from improper handling or u=
se
of the applicable VMS by End
Users;
b. Errors for which Innova Technologies has provi=
ded
technical or operational corrections not implemented by End Users within a reasonable
time;
c. Errors caused by changes, alterations or revis=
ions
made by or on behalf of End Users;
d. Errors that result from End User’s use of
VMS or equipment not approved by Innova Technologies;
e.&=
nbsp; Problems
of End Users caused by the End User’s data, network, database,
operational or other environmental factors not within the direct control of
Innova Technologies;
g. Failure by End User to install updates provide=
d to
End User by Innova Technologies from time to time.
h.&=
nbsp; If
the End User formats the mobile phone and thereby erases the VMS, Innova
Technologies shall not be liable for defects resulting from such acts.
i.=
Please
remember to make back-up copies or keep written records of all important co=
ntent
and data stored in your
Mobile Phone, because content and data may be lost while copying the VMS to=
the
Mobile Phone. Innova Technologies, in a manner consistent with the provisio=
ns
of the section entitled "Limitation of Innova Technologies’s Lia=
bility"
below, shall not under any circumstances be liable, either expressly or
impliedly, for any damages or losses of any kind whatsoever resulting from =
loss
of, damage to, or corruption of, content or data while copying the VMS on to
the Mobile Phone.
<=
span
style=3D'font-family:"Arial Unicode MS"'>14=
. =
Limitation of Inn=
ova
Technologies 's liability
This Limited Warranty is your sole and exclusive remedy against Innova Technologies and Innova Technologies’s sole and exclusive liability in respect of defects in your Product. This Limited Warranty replaces all other Innova Technologies warranties and liabilities, whether oral, written, (non-mandatory) statutory, contractual, in tort or otherwise, including, without limitation, and where permitted by applicable law, any implied conditions, warranties or other terms as to satisfactory quality or fitness for purpose. However, this Limited Warranty shall neither exclude nor limit i) any of your legal (statutory) rights under the applica= ble national laws or ii) any of your rights against the seller of the Product. =
To the extent permitted by applicable law(s) Innova Technologies does not assume any liability for =
loss
of or damage to or corruption of data, for any loss of profit, loss of use =
of
Products or functionality, loss of business, loss of contracts, loss of
revenues or loss of anticipated savings, increased costs or expenses or for=
any
indirect loss or damage, consequential loss or damage or special loss or
damage.
<=
b>To
the extent permitted by applicable law, Innova Technologies ´s liabil=
ity
shall be limited to the purchase value of the
<=
b> VMS / Product. The above limitations
shall not apply in case of gross negligence or intentional misconduct or
transfer of product rights,
<=
strong>
<=
span
style=3D'font-family:"Times New Roman"'>
<=
b>