Terms and Conditions

This Agreement is being entered into between Mobico Comodo Private Limited (“Company”) and You (hereinafter referred to as “Client”).

1. Company shall provide the product mentioned in the plan subscribed to by the Client (“hereinafter referred to as Product”).

2. In consideration of the Product usage, the Client shall be liable to pay the Company, in advance on annual basis or quarterly basis, as the case may be, the base fee per location plus fee for the product subscribed and taxes as applicable.

3. The commercials agreed upon between the Company and the Client will remain unchanged for 3 years, after which the subscription fee will increase by 15%. This cycle will repeat every 3 years.

Wherever a truMe Product uses SMS service e.g. for OTP verification of a visitor’s phone number, Company will use third party vendors for the same. Client will compensate the Company for the cost incurred on the same.

4. In case of hardware AMC, the Client will be liable to pay only for replacement of the part/s after the warranty period of 2 years. Besides, in Delhi-NCR, up to 2 visits per year on request of the Client will be free of cost to the Client. After that, the Client will be liable to pay INR 1500 per visit by truMe’s engineer/s.

5. Training and hand-holding are in-built in the one-time setup fee. All updates, upgrades, email support and call support are in-built in the subscription fee for the truMe product/s used.

          However, if the Client wants operational support on a regular basis for activities, which in the normal course the employees  of the Client are supposed to carry out, the Company offers to do the same for an annual support fee to be agreed upon between the Company and the Client at the commencement of subscription.

6. The contract may be terminated by either Party at any time after giving advance notice of one month in writing to the other Party. In the event that the Services are terminated with immediate effect by the Client, it shall be responsible for payment of, an amount equivalent to the Product usage for one month, to the Company.

7. The Company is the proprietor of the trademark “truMe” registered under the Trade Marks Act, 1999. The Company is also the proprietor of the patent on the technology of the truMe platform under the Patents Act, 1970.

8. Each Party shall be the owner of its own intellectual property including but not limited to trademarks, patent, designs etc. Any intellectual property rights of Company made available to Client as part of any product/ service or otherwise generated in connection with the rendering of Product/ services shall remain the property of the Company. Client shall not have any right, title or interest of any nature in or to use the brand name and/or any intellectual property rights pertaining to the Company’s brand at any time, except with the written consent of the Company.

9. Client must promptly return all tangible material relating to the intellectual property of the company generated in the process of rendering of Product /services to Client following termination of the contract by either party. The client does not acquire any rights to Company’s patents, copyrights or other intellectual property except for the limited rights necessary to perform its obligations, if any, in relation to the provision of the Product/services.

10. The Client represents and warrants that the data of the employees including but not limited to name, address, email etc, is being provided to the Company after obtaining due consent of the employees and the employees have duly consented to the processing and use of this data by Company for the purposes entailed in Product usage. The Client further undertakes that the employees have also consented to the storage of this data on the Company’s servers.

11. The Client grants the Company the right to process and use the data provided by the Client including but not limited to information of its employees for the purposes necessary and incidental to the performance of Product/ services by the Company.

12. In the event of termination of the contract, the Company undertakes to delete the data of the employees and any other data provided by the Client after the termination of the Services, provided that such a request for deletion of the data is made by the Client in writing.

13. The Client represents and warrants that the Company shall not be responsible in any manner for the information and/or data stored on the servers of the Client and the same shall be the sole responsibility of the Client.

14. Without prejudice to the rights of Company under any other clause of these terms and conditions or any other remedy available to Company under law or equity, Client shall indemnify and keep indemnified, defend and hold harmless Company, its directors, officers, employees, representatives and agents against any and all losses, expenses, claims, costs and damages suffered, arising out of, or which may arise in connection with (i) any misrepresentation or any breach of any representation or warranty of Client contained in these Terms and Conditions; (ii) infringement of any intellectual property rights of Company or any third party (iii) any breach of or non-compliance with any acts, rules and regulations including but not limited to data protection and privacy laws applicable to the Client and its employees and management; (iv) any claims, demands, suits, litigation and proceedings of any nature between the employees of the Client and the Company in relation to processing of data and/or information provided by the Client for the rendering of Services by the Company.

15. Any dispute arising between the Parties out of or in respect of the Services being rendered by the Company to the Client shall as far as possible be settled amicably by mutual discussions. If amicable settlement by mutual discussions cannot be reached within 30 days from the date of the occurrence of the dispute, the matter under dispute shall be referred to arbitration to be conducted by a sole arbitrator in accordance with the rules of Delhi International Arbitration Centre. The seat of arbitration shall be Delhi. The decision of the arbitrator shall be final and binding.

16. Company and Client irrevocably submit to the jurisdiction of the Courts in New Delhi.