Terms and condition
It is agreed between LAXYO ENERGY LTD. and the Customer as follows
Note – APNAGPS means the GPS services/product of LAXYO ENERGY Ltd.
‘Additional Services’ means any services provided by LAXYO ENERGY LTD., which are additional to the basic tracking services.
‘Authority’ shall mean the Department of Telecommunications, Government of India and includes any officer of the Authority.
‘Charges’ means all fees, charges/tariffs, interconnection costs and rates chargeable by LAXYO ENERGY LTD. from time to time for providing the Customer with the Service and Additional Services and all DoT,
Wireless Planning Commission, landline and other Government levies.
‘Customer’ shall mean any person, partnership firm or such other organization authorized by LAXYO ENERGY LTD. to use the services.
‘DOT’ means Department of Telecommunications, Ministry of Communications, Government of India. ‘Equipment’ shall include any GSM compatible cellular telephone, necessary for connecting to the network in order to use the Service.
‘Government’ shall mean the Government of India and/or the State Government or such other local authority, as the case may be.
‘GPS’ means Global positioning system.
‘Network’ shall mean LAXYO ENERGY LTD.’s telecommunication network for providing the Services.
‘Services’ shall mean all the cellular mobile telecommunications services made available by LAXYO ENERGY LTD. through its Network, including the Additional Services.
‘SIM Card’ shall mean Subscriber Identification Module Card.
2. Provision of Services
LAXYO ENERGY LTD. agrees to provide the Services to the Customer subject to the terms and conditions of this agreement.
3. Obligations of LAXYO ENERGY LTD.
a. LAXYO ENERGY LTD. shall provide the APNAGPS Services subject to the license granted by DOT to provide cellular mobile telephone services.
b. LAXYO ENERGY LTD. shall use reasonable efforts to make the Services available to the Customer at all times.
c. The availability and quality of the Services may be affected by factors outside LAXYO ENERGY LTD.’s control such as physical obstructions, geographic, weather conditions and other causes of radio interference or faults in other telecommunication networks to which the Network is connected.
d. The Services may be suspended in whole or in part at any time, without notice, if the Network fails or requires modification or maintenance. LAXYO ENERGY LTD. will make all reasonable efforts to minimize the frequency and duration of such events. The Customer will remain liable for all charges during the period of suspension unless LAXYO ENERGY LTD. in its discretion decides otherwise.
e. In the event of the SIM card being lost or stolen, LAXYO ENERGY LTD. will replace the SIM card as soon as it is reasonable and practicable, subject to the recovery of any charge for the same.
f. LAXYO ENERGY LTD. has the sole right and discretion to vary or increase the Charges at any time on reasonable notice to the Customer subject to regulations.
g. LAXYO ENERGY LTD. reserves the right to apply a monthly financial limit and such other conditions for Charges incurred by the Customer and to demand interim advance payment, suspend or disconnect access to the Services if such limits are exceeded.
h. LAXYO ENERGY LTD. reserves the right to vary the billing cycle at its sole discretion.
i. LAXYO ENERGY LTD. has the right to check the credentials of the Customer including the Customer’s financial standing and to use the services of any person or agency for such purposes.
j. Any waiver, concession or extra time allowed or granted by LAXYO ENERGY LTD. to the Customer is limited to the specific circumstance in which it was given and the same shall not affect LAXYO ENERGY LTD.’s right under this agreement in any way.
k. LAXYO ENERGY LTD. may be required to disclose any information or particulars pertaining to the Customer to any authority, statutory or otherwise and reserves the right to so comply at its discretion.
l. LAXYO ENERGY LTD. shall address all billing statements and any notices under this agreement or otherwise to the billing address given in this agreement unless advised, in writing, by the Customer.
m. LAXYO ENERGY LTD. will not provide Customer data to third parties with the exception being when the data is provided to processors that print and/or dispatch documents to the Customer, collect Customer’s bill payment/arrears and/or other customer service or administrative purposes.
n. Calls to the customer service centre by the Customer may be scrutinized only for the purposes of evaluating the quality of the customer support service.
4. Obligations of the Customer
The Customer hereby expressly agrees
a. To make payments for the Services on the following basis
i. payment will be due when LAXYO ENERGY LTD. raises the billing statement on the Customer
ii. payment will be made on or before the due date mentioned in the billing statement, failing which LAXYO ENERGY LTD. shall be entitled to charge interest @ 18% per annum and/or late fees on all outstanding Charges from the due date till the date of payment and shall be entitled to discontinue the Services, without notice, in its sole discretion
iii. LAXYO ENERGY LTD. shall be entitled to apply payments/deposits made by the Customer towards any Charges outstanding including for any other LAXYO ENERGY LTD. connection held by Customer
iv. payments will be made by cash, credit card or A/c Payee cheque or any other instrument drawn on any bank in Indore and payable at Indore.
v. the Customer shall be liable for all Charges for the Services provided to the Customer whether or not the Services have been used by the Customer
vi. in the event of any dispute regarding the Charges, the Customer agrees to pay LAXYO ENERGY LTD. Charges billed pending resolution of such dispute
vii. the Customer shall be liable to pay for the Services provided even if he/she does not receive the bills. It will be the Customer’s responsibility to make enquiries in case of non-receipt of bills
viii. charges payable by the Customer are exclusive of taxes, duties or levies payable, unless expressly stated to the contrary in the billing statement
ix. any advance/security deposit paid by the Customer shall be adjusted against any dues payable by the Customer to LAXYO ENERGY LTD. and balance if any will be refunded by LAXYO ENERGY LTD. within 60 days from the date of deactivation of the Services
b. To make advance payment for Charges including tariff plan if billed to customer by LAXYO ENERGY LTD.
c. To not use or cause or allow others to use the Services for any improper, immoral or unlawful purpose including in any manner which may jeopardize or impair the operation of the Network and/or the Services.
d. Only to use Equipment approved for use with the Network by DOT.
e. To comply with any instructions issued by the Government, the Authority or LAXYO ENERGY LTD., concerning the Customer’s access to and use of the Services.
f. To inform LAXYO ENERGY LTD. immediately and confirm the same in writing if the Equipment and/or the SIM Card is lost, stolen or damaged. The Customer will remain liable for all Charges incurred until the SIM Card is de-activated by LAXYO ENERGY LTD. For its APNAGPS product.
g. To furnish correct and complete information and documents as required by LAXYO ENERGY LTD. from time to time. The APNAGPS Services agreed to be provided by LAXYO ENERGY LTD., shall always be subject to verification of the Customer’s credentials and documents and if at any time, any information and/or documents furnished by the Customer is/are found incorrect or incomplete or suspicious, LAXYO ENERGY LTD. shall be entitled to suspend/terminate the Service forthwith without any further notice.
h. That LAXYO ENERGY LTD. may suspend the Service in whole or in part at any time without prior notice and without assigning any reason thereto. LAXYO ENERGY LTD. reserves the right to Charge for reconnection.
i. To remain liable for the Charges during the period of suspension and thereafter.
j. To comply with all applicable laws, rules and regulation regarding the use of the Services and procurement of the Equipment including but not limited to relevant tax laws and import control regulations.
k. To pay to LAXYO ENERGY LTD. such amount as LAXYO ENERGY LTD. may require as security for the due performance of the Customer’s obligations under these terms and conditions. LAXYO ENERGY LTD. may set off these amounts against any cost, damages or expenses which LAXYO ENERGY LTD. may suffer or incur as a result of the Customer’s failure to perform any of these obligations. Security deposit amount shall not carry any interest.
l. To inform LAXYO ENERGY LTD., in writing, of any changes in the billing address. Any written communication, billing statement or notice from LAXYO ENERGY LTD. to the Customer will be deemed as served within 48 hours of posting by ordinary mail.
m. To notify LAXYO ENERGY LTD. immediately in case of any complaints with regard to the Services.
n. To pay all the costs of collection and legal expenses, with interest should it become necessary to refer the matter to a collection agency or to legal recourse to enforce payment.
o. Not to assign any right or interest under this agreement without LAXYO ENERGY LTD.’s prior written consent.
p. To be bound at all times by any modifications and or variations made to these terms and conditions.
q. You are not entitled to assign/transfer/resell/lease/rent or create any charge/lien on the SIM Card or Service of any nature whatsoever, without prior permission of LAXYO ENERGY LTD.. Any transfer affected in contravention of the express terms contained herein, shall not absolve the Customer of his/ her primary duty towards LAXYO ENERGY LTD. for usage charges levied against the Customer.
r. SIM Card/s and GPS device/s are and shall always be the sole property of LAXYO ENERGY LTD. and shall be returned by you upon termination and/or de-activation or temporary suspension of Services. You shall have no right to the same at any point of time, for any reason whatsoever.
a. Both parties agree that, this agreement has been duly authorized and executed and is valid and binding and is enforceable in law in accordance with its terms.
b. The validity construction and performance of this agreement shall be governed by and interpreted in accordance with the laws of the Republic of India.
c. The courts in Indore shall have the jurisdiction.
d. Should any provision of this agreement be or become ineffective or be held to be invalid, this shall not affect the validity of the remaining provisions. Any invalid provision in this agreement shall be replaced, interpreted or supplemented as the case may be in such a manner that the intended economic purpose of the agreement will be achieved.
e. This agreement is the complete and exclusive statement of the agreement between the parties and it supersedes all understanding or prior agreement, whether oral or written and all representations or other communications between the parties.
f. These terms and conditions are subject to the Indian Telegraph Act of 1885, the rules and regulation framed there under and any statutory modifications or re-enactment for the time being in force and any other Government regulations issued from time to time.
6. Disclaimer of other warranties
LAXYO ENERGY LTD. makes no representation or warranty other than those set forth in this agreement. LAXYO ENERGY LTD. expressly disclaims all other warranties express or implied, including, but not limited to any implied warranty or merchantability or fitness for a particular purpose.
7. Disclaimer of liability
a. LAXYO ENERGY LTD. shall not be liable to the Customer for any loss or damage whatsoever or howsoever caused, arising directly or indirectly in connection with this agreement, the Services, their use, application or otherwise except to the extent to which it is unlawful to exclude such liability.
b. Notwithstanding the generality of (a) above, LAXYO ENERGY LTD. expressly excludes liability for consequential loss, damage or for loss of profit, business revenue, goodwill or anticipated savings.
c. LAXYO ENERGY LTD. at its discretion, may send to the Customer various information on his/her cellular number through SMS or otherwise, as an Additional Service. In case the Customer does not wish to receive such information he may notify LAXYO ENERGY LTD. at the address mentioned herein.
d. In the event that any exclusion contained in this agreement shall be held to be invalid for any reason, and LAXYO ENERGY LTD. becomes liable for loss or damage that it may otherwise not have been liable, such liability shall be limited to the cost of the Services actually paid for by the Customer to LAXYO ENERGY LTD. during the relevant period.
e. Customer agrees to indemnify and keep LAXYO ENERGY LTD. harmless and defend LAXYO ENERGY LTD. at its own expense from and against all claims arising as a result of breach of this agreement and from all taxes, duties or levies.
f. Customer agrees that any request/communication received from Customer’s cellular number on LAXYO ENERGY LTD.’s Interactive Voice Response (IVR) system or Short Message Service (SMS) or General Packet Radio System (GPRS) shall be deemed to be valid request/communication from the Customer. Nothing herein shall apply with respect to the notice to be given by the Customer section 9 or any other provisions of this agreement.
a. Either party shall have the right to terminate the agreement by giving 60 days prior notice in writing.
b. Notwithstanding anything contained herein, LAXYO ENERGY LTD. shall be entitled to terminate this agreement and the Services if
i. the Government or the Authority either suspends, terminates, nationalizes or takes over the License or the Services temporarily or otherwise
ii. at any time the Customer fails to satisfy the requisite credit checks or provides fraudulent information to LAXYO ENERGY LTD.
iii. the Customer fails to pay its subscription or the Charges due
iv. the Customer is in breach of any other terms of the agreement and the Customer does not remedy the breach within seven (7) days of the day of receipt of a written notice from LAXYO ENERGY LTD. specifying the breach
c. The agreement may also be terminated at the option of either party, on the happening of the following events
i. if either party is declared insolvent, bankrupt or is liquidated or dissolved
ii. if a trustee or receiver is appointed to take over the assets of either party
iii. if the Government or the Authority requires any of this agreement to be revised in such a way as to cause significant adverse consequences to either party
d. Termination of this agreement under the preceding provisions shall be without prejudice to and in addition to any right or remedy available to the terminating party under any applicable law or statute.
e. In the event of the termination of the agreement for any reason whatsoever, LAXYO ENERGY LTD. shall be entitled to recover all outstanding Charges and dues from the Customer.
f. If the agreement is terminated for reasons of fraudulent information provided by the Customer, the security deposit shall be forfeited.
All notices required to be given to LAXYO ENERGY LTD. pursuant to this agreement shall be in writing and shall be directed by registered post to the Registered Office at LAXYO ENERGY LTD. PLOT NO.2, MAHALAXMI NAGAR , MR 5, INDORE (M.P) India.