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Terms and conditions

Terms of reference for using Locomo device, Locomo Plus mobile application & Locomo Plus Web application for security of vehicles and Fleet Management within the territory of Nepal

Please read the following terms and conditions carefully before registering, and accessing, the Locomo device and Locomo applications. By using the device and applications, you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the device and uninstall the applications.

YOUR AGREEMENT TO THESE TERMS AND CONDITIONS FOR AVAILING SERVICE

The Terms of Reference, also Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being of at least 18 years of age as a representative of an organization using Locomo device and applications and, Sentinel Lab Pvt Ltd, developer of Locomo, registered at Chakupat-10, Patan, Lalitpur, Nepal. 

All services are rendered by Sentinel Lab Pvt. Ltd. through its hardware device under the brand name “LOCOMO” and the mobile/web application under the same name. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Sentinel Lab PVT LTD (together with its subsidiaries and other affiliates). 

The Locomo device and the application can be used subject to your adherence to the terms and conditions set forth below including relevant policies. 

SENTINEL LAB PRIVATE LIMITED reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall revisit the “Terms of Reference” link from time to time to stay informed of any changes that may be introduced.

Definitions

In these Terms, expressions used herein shall be as defined below:

“Locomo”: the device installed on vehicles, the web/mobile app that is linked to the device, or the term used in combination of both, or interchangeably. 

“User”: The individual or organizational buyer of Locomo Device and Locomo Mobile/Web App, the owner/s of vehicles who have purchased and installed Locomo in their Vehicles. 

“Service Provider”: The Company ‘Sentinel Lab Pvt. Ltd.’ – the developer, titleholder, and seller of Locomo Device and Mobile/Web App.

“Authorized Resellers”: Retail Units around the country that are authorized by the Service Provider, the Company ‘Sentinel Lab’, to sell, install and maintain Locomo devices.

“Agreement”: the agreement between Service Provider and User (individual or an organization), constituted by and subject to these Terms.

AGREEMENT

  1. Introduction: The device and mobile/web app Locomo (hereon Locomo) tracks the movements of vehicles and provides a sense of security, as well as a definitive fleet management system for individuals and organizations. The purpose of Locomo is to create an ecosystem in Nepal where all vehicles are provided with a secure mobility environment for not just the vehicles but their users as well. Locomo provides real-time location intelligence of vehicles, alerts when tampered with by unauthorized persons, notifies family organizational members with location information, and seeks help from Nepal Police through an inbuilt interface on the mobile app Locomo if the user/owner is certain of theft of their vehicles. 
  2. Scope: Locomo device and mobile application will be used solely for the purpose of tracking, securing, and vehicles in the user’s ownership. The User agrees that Locomo must be used and operated only for these purposes under the user’s ownership and shall not be, under any circumstances, used to locate and manage vehicles that are not in the user’s possession. The user further agrees that any tampering with the device, unauthorized ownership transfer, and installation of the device is prohibited. 
  3. Device: 
    1. Installation: The user agrees that installation of the Locomo Device must be performed by Locomo authorized installation and service centers “Authorized Reseller” and any deviation in this regard will render all warranties and functionalities of the technology (both device and app) invalid. The device must be installed on vehicles in accordance with the Locomo’s instructions. 
    2. Maintenance: The user agrees to maintain the device in good working condition and to notify Locomo of any issues or problems with the device. Maintenance, repair, and examination of devices that encounter mechanical faults will be carried out at the same authorized center where the user has attained the installation service, or through Locomo offices.  
    3. Warranty & Replacement: The device is covered by 2 years of limited liability and will be replaced free of cost within the warranty period if deemed to be mechanically faulty, and when determined no tampering has been done on the device by service centers not authorized by Locomo.
    4. Service and Complaints: After-sales service and complaints regarding the device and app will be handled by Locomo HQ or where the user installed the devices. 
  4. Mobile/Web App Usage: The User agrees that the mobile/web application ‘Locomo Plus’ is linked to the device that is installed on the vehicles that are under the user’s exclusive ownership, and as such, shall not be allowed to be used by a third party. The user further agrees that the full responsibility for the operation of the mobile/web app Locomo lies solely with the registered owner of the vehicles. The user agrees to use the mobile/web application in accordance with the terms and conditions set forth by the Service Provider. This includes using the application only for the intended purpose of tracking and securing vehicles not attempting to access or modify any unauthorized features or settings, and not sharing login or account information with any unauthorized individuals. 
  5. Police Service: Locomo has been developed in close consultation with Nepal Police with a purpose to deter and put an end to two-wheeler thefts in the country. The user agrees that Nepal Police will have access to location data of two-wheelers (not four-wheelers) when activated by the user requesting police assistance in cases of their missing two-wheelers. User must determine that their two-wheeler has definitely been lost/missing/stolen before requesting police assistance through the mobile/web app and any misuse of this service that results in wasting of police time and resources would result in termination of service by Locomo if so requested or demanded by Nepal Police.
  6. Privacy and Access to Location: The user understands that the Locomo only tracks the location of vehicles fitted with Locomo device and does not track the location of the owners of vehicles, and as such the ‘SOS Police’ feature within the Locomo mobile/web app should not be used in emergency purposes. 
  7. Ownership of Device: The user agrees on the ownership responsibility of the device and mobile app Locomo Plus provided by the service provider upon purchase and further agrees not to tamper with, uninstall, or change the electric wiring and placement of the device under any circumstances without prior approval of Locomo. 
  8. Ownership of SIM Card: All Locomo devices come pre-installed with an active data plan including SIM Card from Nepal Telecommunications Corporation (NTC). The user agrees that the SIM card will be under the ownership of the Service Provider unless the User fills up the details on the KYC Form provided by NTC. The ownership of the SIM Card will be of the User once the User provides the filled and signed copy of NTC’s KYC form to the Locomo at the point of purchase and installation of the Locomo device. 
  9. Sale of Vehicles: The User agrees to notify Locomo upon the sale of Locomo-installed vehicles to third parties, and log out of the app, and inform the new buyer of the vehicles of the Locomo device. The User agrees that the failure to comply would result in full legal liability upon the User if so claimed or warranted by the new owner of the vehicles. The User agrees to indemnify and hold harmless the Authorized Reseller and/or Service Provider for any loss damage or violation of tracking terms or privacy laws of the country resulting from the use of the Locomo device and mobile/web application. 
  10. Ownership Transfer: The User agrees to transfer the ownership of the Locomo device and mobile app upon the sale of their vehicles to third parties. The User agrees to input details of the new owner through the Ownership Transfer section within the Settings menu of the mobile app, and failure to comply would result in a violation of the privacy laws of Nepal. The user also agrees to affix an ‘Ownership Transfer Document’ to the inside back page of the Vehicle Ownership Document, known as BlueBook. 
  11. Ownership Transfer Memo Document: The ownership Transfer Memo Document is a brief informational note that must be affixed to the user’s Vehicle BlueBook, which informs the new owner/user of the installed device in case of ownership transfer of the vehicles. The user also agrees to inform the new buyer/owner of the vehicles of the device installation and show the affixed document to the new owner. The user agrees that failure to comply, and continual usage of tracking vehicles after ownership transfer to a new owner will violate Nepal’s privacy laws and be subject to legal measures. 
  12. Sharing of your Data: The user agrees that the Service Provider has access to location data, personal information, and vehicle ownership details of users and we may share such information only within our ecosystem – meaning authorized resellers and service centers, and our marketing agency. The Service provider may occasionally share such information within the service provider group of companies, and designated marketing agency to improve service and technology, but will not share or sell users’ data to third parties. For legal, security, or safety purposes, we may share your information with Nepal’s law enforcement or other government agencies to comply with Nepalese law or legal requirements. 
  13. Subscription Fee: A Mobile App subscription for the first year of usage is free of charge. The user agrees that the Annual Subscription Fee is payable to the service provider exactly 1 year after the installation and activation of the technology and mobile/web app, and failure to pay the subscription renewal fee will result in discontinuation of services. The Service Provider reserves the right to adjust the annual subscription fee. 
  14. Security Measures: The user understands and agrees that the Locomo device and mobile/web application are not a substitute for proper vehicle security measures, and agrees to take all necessary precautions to protect their vehicles from theft or damage. This includes securing the vehicles with locks, parking in a well-lit and secure location, and taking any other reasonable precautions as needed.
  15. Legal Compliance: The user understands that the Locomo device and mobile/web application may be subject to certain legal restrictions and agrees to comply with all applicable laws and regulations of Nepal relating to the use of such technology. 
  16. GPS Accuracy: The User understands that in a situation where not enough signals are being received, the device may struggle to calculate accurate location information, and may indicate “GPS signal lost” at certain points. Signal obstruction occurs when physical structures prevent GPS satellite signals from reaching the Users. These obstacles include, but are not limited to: buildings, mountains, trees, crowds, weather, etc. The User understands that GPS satellite signals are subject to reflection and diffraction like any other type of electromagnetic waves, and may result in multipath errors resulting from interference between radio waves that have traveled paths of different lengths between the transmitter (the satellite) and the user. 
  17. GSM Network: The User understands that mobile phone networks come with several limitations, mainly dead spots, heavy cellular traffic, inadequate reception in basements of buildings, elevators, rural areas, etc., and may inadvertently affect receiving alerts, updates or location of vehicles on user’s mobile phones and other interface devices like tablets and personal computers. 
  18. Account Termination: The user understands that non-compliance to these Terms of Reference will lead to termination of the user’s account with the service provider. 
  19. Indemnification: You agree to indemnify, save, and hold Sentinel Lab Pvt. Ltd., its affiliates, contractors, employees, officers, directors, agents, and its third-party suppliers, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the applications, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. This paragraph shall survive termination of this Agreement.
  20. Disclaimer: The user understands that the GPS tracking device and mobile/web application are not foolproof and may not always accurately track the location of the vehicles. The user agrees to use the device and applications at their own risk and to verify the accuracy of any information obtained through their use. The user agrees to indemnify and hold harmless the Service Provider for any loss or damage resulting from the use of the device and application. This includes any loss or damage to the vehicles, as well as any personal injury or property damage that may result from the use of the device and application.
  21. Arbitration: Sentinel Lab Pvt. Ltd. may elect to resolve any dispute, controversy, or claim arising out of, or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Nepal Law. Any such dispute, controversy, or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. 
  22. Acceptance of terms: This user has read and understands the terms of reference, and tapping  ‘AGREE’ at the end of this page signifies the user’s acceptance of these terms.