Ajjas is a brand owned by HPS Lab Designs Private Limited. This agreement is effective from the time of purchase of Ajjas Alert system device (“Ajjas or Device”). This Agreement for alert system device and services (“Agreement”) is made between HPS Lab Designs Private Limited and the user of the Ajjas alert system device and Service (Customer or user). The alert system Service (“Services”) provides alert during pre defined instances like fall, towing, theft, unauthorised use of two wheeler and associated software installed on device and hand phone. The Services include a secure logon for accessing and monitoring Ajjas alert system device installed on customers two wheeler, designed to send alerts during pre defined instances and event notifications(Locates).
Unlawful Use:
Customer agrees not to use the Services or Devices for any unlawful or abusive purpose or in any way that interferes with HPS Lab Designs Private Limited or the Devices. Customer will comply with all laws while using the Services or Devices and will not transmit any communication that would violate any federal, state, or local law, court, or regulation. Resale of the Services or Devices is prohibited except by authorized Dealers. By using the Services and/or the Devices, Customer agrees to abide by the terms and conditions of any software license agreements applicable to any software associated with the Services or Devices.
Unauthorized Usage:
Customer may not program or alter any of the Devices other than the normal programmable parameters of the Device. If any Device is stolen or Services used fraudulently, Customer must notify HPS Lab Designs Private Limited immediately and provide HPS Lab Designs Private Limited with such information and documentation as HPS Lab Designs Private Limited may request (including, without limitation, police reports, and affidavits). HPS Lab Designs Private Limited has the right to interrupt Services or restrict service to any Device, without notice to the Customer, if Customer is using the device in a fraudulent or unlawful manner.
Operation:
Customer is responsible for the proper operation of the Device as per operating instructions provided by HPS Lab Designs Private Limited.
Installation:
HPS Lab Design Private Limited shall facilitate Ajjas installation in customer vehicle. However, customers are free to get the installation done through any other service station of their choice if they desire so.
Account Information:
It is Customers responsibility to maintain current and accurate personal information on Ajjas / HPS Lab Designs Private Limited system and to exercise diligence in protecting Customers/users logon and passwords.
Changes:
HPS Lab Designs Private Limited may amend the terms of this Agreement upon written notice to Customer. If Customer does not agree to the amendment, Customer may terminate this Agreement by providing written notice to HPS Lab Designs Private Limited within fifteen (15) days of the date the notice was mailed by HPS Lab Designs Private Limited through courier/Post/Email. If Customer does not agree with the amendment but wants to continue Services, HPS Lab Designs Private Limited will continue to provide Services for the term of the original Agreement provided Customer mails written notice to HPS Lab Designs Private Limited within fifteen (15) days of the date the amendment was mailed by HPS Lab Designs Private Limited. If Customer continues to use the Services more than fifteen (15) days after HPS Lab Designs Private Limited mails notice of an amendment, Customer will be deemed to have agreed to that amendment.
Limitation of Liability:
HPS Lab Designs Private Limited is not responsible for acts or omissions of any other service provider, for information provided through the equipment, for equipment failure or modification, for system failure or modification or for causes beyond the control of HPS Lab Designs Private Limited. HPS Lab Designs Private Limited is not liable for (i) service outages; (ii) incidental or consequential damages such as lost profits; (iii) economic loss or injuries to persons or property arising from the Customer’s use of the Services, the Devices or any other equipment used in connection with the Devices unless caused by the sole and/or gross negligence of HPS Lab Designs Private Limited; (iv) the installation or repair of the Devices; or (v) for any act associated with the proper exercise by HPS Lab Designs Private Limited of rights under the privacy and/or unauthorized usage provisions of this Agreement.
Indemnification:
Customer agrees to defend, indemnify, and hold HPS Lab Designs Private Limited and its affiliates harmless from claims or damages relating to (i) Customers breach of this Agreement or the Customers statements made in this Agreement and (ii) the use of the Devices or Services unless due to sole and/or gross negligence by HPS Lab Designs Private Limited or its affiliates. Customer agrees to pay reasonable legal fees and all applicable costs incurred by HPS Lab Designs Private Limited in enforcing this Agreement. This paragraph shall survive the termination of this Agreement.
Limitation of Action:
Except for actions arising in connection with Indemnification (above), neither HPS Lab Designs Private Limited nor Customer may bring legal action with respect to this Agreement more than one year after the legal action accrues.
Device switch off:
If the device is switched off by the user from the software in hand phone or by disconnecting the power supply of device or if emergency notification are disabled by user from the software in handphone, the user shall not hold HPS Lab Designs Private Limited responsible for not notifying or for any losses incurred and shall not initiate any action for whatsoever reason.
Non availability of Cellular network:
HPS Lab Designs Private Limited do not guarantee to send alert/notification in 100% cases. HPS Lab Designs Private Limited provides the Ajjas services using cellular network. HPS Lab Designs Private Limited do not have control on Cellular network as it is managed by Cellular network operators. In case of non-availability of cellular network either due to poor coverage or other technical reasons, not attributable to HPS Lab Designs Private Limited, call/ alert/notification may not be generated. User shall not hold HPS Lab Designs Private Limited responsible for non-availability of cellular network or shall initiate any action for whatsoever reason.
Warranties:
HPS Lab Designs Private Limited makes no express warranties regarding the Services and disclaims any and all implied warranties, including, without limitation, any warranties of merchantability or fitness for a particular purpose. HPS Lab Designs Private Limited does not authorize anyone to make any warranties on its behalf and Customer should not rely on any such statement.
However, One year (1 year) replacement guarantee is offered by HPS Lab Design in case Ajjas device stops working or malfunctioning. This is applicable only when Ajjas device is not tempered or removed by the buyer. Two-wheeler dealer who is enabling Ajjas sales is not responsible for functioning of Ajjas device. Any complaint related to functioning of Ajjas device is to be reported directly to HPS Lab Designs Private Limited.
Subscription:
Ajjas utilizes the cellular network for its functioning. First-year subscription charges for internet usage on cellular networks are paid by HPS Lab Design Private Limited. Subscription charges shall be borne by the buyer from next year onwards. Subscription charges shall be intimated to customer/user prior to renewal. In the situation of a customer failing to renew the subscription after 1 year, the services of Ajjas device will be discontinued and the SIM (installed inside) will be temporarily blocked. Customers will still have an option to renew the services & activate the SIM within the next three months for no additional cost. Failing to do so will lead to permanent discontinuation of the services and the SIM. In such situations, if a customer still wants to renew, extra charges will be levied as per the currently applicable rates and the customer needs to send the device back to us for replacing the SIM card. After replacing the old SIM with the new one, the device will be sent back to the customer for further usage.
Prior Booking:
In case customer/user wishes to book the Ajjas device in advance, booking amount is required to be paid for securing the device. Booking amount of Ajjas device is not refundable. The remaining amount, current selling price minus booking amount, is to be paid at the time of installation. In case buyer desires to install their booked device beyond 15 days from the date of booking,the buyer needs to pay remaining amount considering current prevailing selling price.
Duration of Services:
HPS Lab Designs makes no commitment to provide the services for lifelong period. Services offered may be stopped at any time without prior intimation to customer/user. In case customer/user has paid any amount towards services for the duration beyond stoppage point HPS Lab Designs shall provide refund to customer/user. If customer/user has availed services in part after making the payment, refund shall be made on pro rata basis. Refund shall be made only when customer/ user produce proper money receipt of amount paid to HPS Lab Designs Private Limited.
Assignment:
HPS Lab Designs Private Limited may assign all or part of the rights or duties of HPS Lab Designs Private Limited under this Agreement without such assignment being considered a change to the Agreement and may provide notice to Customer. As a result of any such assignment, HPS Lab Designs Private Limited shall be released from all liability with respect to such rights or duties, or portions thereof. Customer may not assign this Agreement without prior written consent of HPS Lab Designs Private Limited, which shall not be reasonably withheld.
Governing Law and Jurisdiction:
This Agreement is subject to applicable Indian laws and all disputes if any, are subjected to Mumbai jurisdiction.
Once customer / user registers with HPS Lab Designs Private Limited and sign in to HPS Lab Designs Private limited services, user shall not be anonymous to HPS Lab Designs Private limited. During registration, customer/user shall be requested to register his / her hand phone and email id, pager, or other devices to receive text messages, notifications, and other services to users hand phone. By agreeing to register, customer/user authorizes HPS Lab Designs Private Limited to send sms/email alerts to him/her for customers/users login details and any other service requirements or some advertising messages/emails from HPS Lab Designs Private limited.
Call / SMS to Customers/Users and his/her relatives, friends Do Not Dial (DND) mobile number:
By agreeing to register with HPS Lab Designs Private Limited and utilise the services, customer/user authorizes HPS Lab Designs Private limited to send sms/email alerts and voice calls to his /her relatives/kins/friends in case of emergency whose numbers are made available by customer/user.
In view of the The Telecom Commercial Communications Customer Preference Regulations, 2010 and all its subsequent notifications, regulations and amendments or additions by the Telecom Regulatory Authority of India (TRAI) / Department of Telecommunications (DOT), by registration user agrees that action shall not be initiated against HPS Lab Designs Private limited for calling DND numbers which were made available by user for emergency calling. During emergency calls made on relatives/Kins/friends shall be transactional in nature and shall not be considered as unwarranted.
Entire Agreement:
This is the entire Agreement between HPS Lab Designs Private Limited and Customer and super cedes any oral or written promises made to the Customer. This Agreement may only be amended as described herein. If the terms of this Agreement conflict with or are inconsistent with the terms of any purchase order or document provided by the Customer, the terms of this Agreement shall control. If any part of this Agreement is found unenforceable or invalid, the balance of this Agreement shall remain intact.
Referral Program:
A. You can refer your friend to us by enrolling into our program by registering with us or sending a request for the same.
B. The referral amount will be transferred only once we recieve the full payment from your referred user.
C. Referral bonus cannot be clubbed with any other offer the company might be running at any point of time.
Subscription Charges:
Subscription charges will be applicable as per the going rates after completion of first year.
Additional Terms for Accident Insurance:
A. Ajjas, in collaboration with InsureMyTeam, provides users the option to purchase accident insurance. These policies are sourced from multiple Third Party Administrators (TPAs) and are available directly through the Ajjas app.
B. Users must provide accurate and truthful information when applying for insurance and are responsible for maintaining the confidentiality of their account and personal information.
C. HPS Lab Designs is not responsible for the insurance policies provided by InsureMyTeam and the TPAs. All claims, coverage disputes, or other issues related to insurance must be addressed with InsureMyTeam or the respective TPA.
D. Personal information provided for insurance purposes will be handled in accordance with Ajjas' Privacy Policy, ensuring confidentiality and integrity of user data.