Terms and conditions

Please read the following terms and conditions carefully before registering, and accessing, Locomo tracker device and Locomo mobile application. By using the device and the mobile application, 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 mobile application.

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 an individual user of Locomo device and mobile application and, 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 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 at 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 the motorbike, the mobile app that is linked to the device, or the term used in combination of both, or interchangeably.

 “User”: The buyer of Locomo Device and Locomo Mobile App, the owner of motorbike/two-wheelers who has purchased Locomo and installed in their motorbike/two-wheelers.

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

“Motorbike”: the motorcycle or scooter or any two-wheeler vehicles

“Agreement”: the agreement between Service Provider and User, constituted by and subject to these Terms.

AGREEMENT

  1. Introduction: The device and mobile app Locomo (hereon Locomo) tracks the movements of motorbikes and scooters and provides a sense of security to owners of their two-wheelers. The purpose of Locomo is to create an ecosystem in Nepal where all two-wheelers are provided with a secure mobility environment for not just the vehicles but their users/owners as well. Locomo provides real-time location intelligence of two-wheelers, alerts when tampered with by unauthorized persons, notifies family members with location information when riding out on highways, at night, etc., disables motorbikes if and when it gets stolen, and seeks the help of Nepal Police through an inbuilt interface on the mobile app Locomo if the user/owner is certain of theft of their two-wheelers.
  1. Scope: Locomo device and mobile application will be used solely for the purpose of tracking and securing motorbikes in the user’s ownership. The user agrees that Locomo must be used and operated only to track and manage motorbikes and scooters under the user’s ownership and shall not be, under any circumstances, used to locate and manage two-wheelers 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 are prohibited.
  1. Device:
    • Installation: The user agrees that installation of Locomo Device must be performed at 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 the motorcycle in accordance with the manufacturer’s instructions. The authorized installation centers are listed on the website under ‘Authorized Resellers’ section.
    • Maintenance: The user agrees to maintain the device in good working condition and to notify the manufacturer 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.
    • Warranty & Replacement: The device is covered by 1 year 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 the user of unauthorized service centers.
    • Service and Complaints: After-sales service and complaints regarding the device and app will be handled by the Authorized Reseller where the user installed the device.
  1. Mobile App Usage: The User agrees that the mobile application ‘Locomo’ is linked to the device that is installed on the two-wheeler that is 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 app Locomo lies solely with the registered owner of the two-wheeler. The user agrees to use the mobile 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 motorbikes and not attempting to access or modify any unauthorized features or settings, and not sharing login or account information with any unauthorized individuals.
  1. Police Service: Locomo has been developed in close consultation with Nepal Police with the purpose of deterring and putting an end to two-wheeler thefts in the country. The user agrees that Nepal Police will have access to the location data of two-wheelers when activated by the user requesting police assistance in cases of their missing two-wheelers. Users must determine that their two-wheeler has definitely been lost/missing/stolen before requesting police assistance through the mobile app and any misuse of this service that results in wasting of police time and resources would result in termination of service by the Service Provider if so requested or demanded by Nepal Police.
  1. Privacy and Access to Location: The user understands that the Service Provider only tracks the location of motorcycles fitted with Locomo devices and does not track the location of the owners of motorcycles, and as such the ‘SOS Police’ feature within Locomo mobile app should not be used in emergency purposes.
  1. Ownership of Device: The user agrees to the ownership responsibility of the device and mobile app Locomo provided by the service provider upon purchase from authorized resellers and further agrees not to tamper with, uninstall, change the electric wiring and placement of the device under any circumstances without prior approval of Authorized Resellers.
  1. Ownership of SIM Card: All Locomo devices come pre-installed with an active data plan-included SIM Card from Nepal Telecommunications Corporation (NTC). The user agrees that SIM card will be under the ownership of Service Provider unless the User fills up the details on the KYC Form provided by NTC. The ownership of SIM Card will be of the User once the User provides the filled and signed copy of NTC’s KYC form to the Authorized Reseller at the point of purchase and installation of Locomo device.
  1. Sale of motorbike: The User agrees to notify the Authorized Reseller upon the sale of Locomo-installed motorbike to a third party, log out of the app, and inform the new buyer of the motorbike 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 motorbike. The User agrees to indemnify and hold harmless the Authorized Reseller and/or Service Provider for any loss or damage or violation of tracking terms or privacy laws of the country resulting from the use of the Locomo device and mobile application.
  1. Ownership Transfer: The User agrees to transfer the ownership of Locomo device and mobile app upon sale of their motorbike to a third party. 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 violation of 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.
  1. Ownership Transfer Memo Document: 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 motorcycle. The user also agrees to inform the new buyer/owner of the motorbike 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 a motorbike after ownership transfer to a new owner will violate Nepal’s privacy laws and be subject to legal measures.
  1. Sharing of your Personal Data: The user agrees that the Service Provider has access to location data, personal information, and two-wheeler ownership details of users and we may share such information only within our ecosystem – meaning dealers that sell motorcycles, our authorized resellers, 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.
  1. Subscription Fee: Mobile App subscription for the first year of usage is free of charge. The user agrees that the Annual Subscription Fee of Nepalese Rupees 1200 Per Year is payable to the service provider exactly 1 year after the installation and activation of the technology and mobile 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.
  1. Security Measures: The user understands and agrees that the Locomo device and mobile application are not a substitute for proper motorcycle security measures, and agrees to take all necessary precautions to protect their motorcycle from theft or damage. This includes securing the motorcycle with a lock, parking in a well-lit and secure location, and taking any other reasonable precautions as needed.
  1. Legal Compliance: The user understands that the Locomo device and mobile 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.
  1. 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 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.
  1. 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 motorbikes on user’s mobile phones.
  1. Account Termination: The user understands that non-compliance to these Terms of Reference will lead to the termination of the user’s account with the service provider.
  1. 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.
  1. Disclaimer: The user understands that the GPS tracking device and mobile application are not foolproof and may not always accurately track the location of the motorcycle. The user agrees to use the device and application 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 motorbikes, as well as any personal injury or property damage that may result from the use of the device and application.
  1. 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.
  1. 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.