Micro Mobisecurity --[Terms & Condition]

	End User Agreement

	Effective from date of registration with www.mobisecurity.net

	Welcome to Micro Technologies. BY ACTIVATING OR USING OUR MICRO BUDDY TRACKING SYSTEM)”Micro Mobisecurity”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("T&Cs"). PLEASE READ THESE T&CS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS BY, AMONG OTHER THINGS, REQUIRING MANDATORY ARBITRATION OF DISPUTES. IF YOU DO NOT AGREE TO THESE T&CS, DO NOT ACTIVATE OR USE THE Micro Mobisecurity.

	These T&Cs constitute your agreement with Micro Technologies and its affiliates (together, "Micro Technologies", "we", or "us") for use of Micro Mobisecurity.You acknowledge that no employee, dealer, or other agent is authorized to make any representation or warranty (other than as described in the Agreement or our current materials) with respect to the Agreement.

	1. Acceptance of Agreement: You accept this Agreement by: (a) activating or using the Micro Mobisecurity; (b) signing, orally or electronically accepting the Agreement; or (c) are deemed to accept the Agreement, whichever occurs first.

	2. MANDATORY ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, YOU AND WE WILL ARBITRATE OUR DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THIS AGREEMENT, OR THE PROVISION OF Micro Mobisecurity ("CLAIM"). This agreement to arbitrate also requires you to arbitrate claims against other parties relating to Micro Mobisecurity.

	BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT MICRO TECHNOLOGIES CUSTOMER RELATIONS, AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS.

	3. Term; Cancellation of Micro Mobisecurity. The term of this Agreement begins from the date of purchase of the Micro Mobisecurity and terminates on on expiry, We may suspend or terminate the Micro Mobisecurity for any reason upon 3 days notice through SMS (unless a longer period is required by law). If you breach the Agreement, we may suspend or terminate your Micro Mobisecurity immediately without prior notice (except to the extent prohibited by law). You breach the Agreement by: (a) failing to pay any sum when due; (b) failing to comply with any provision in this Agreement or any other agreement between us; (c) becoming the subject of any proceedings under Bankruptcy; (d) your financial institution dishonoring or returning for insufficient funds your cheque or credit card. In the event of cancellation, you are responsible for payment of all charges due to us under the Agreement, which charges will be immediately due and payable.

	4. Micro Mobisecurity Availability and Limits. Your Mobile Phone operates as a radio and Micro Mobisecurity is only available when your Mobile Phone is within range of an antenna providing the Signal. There may be gaps and drops in the signal strength within the estimated coverage areas. Even within a coverage area, factors, such as: network changes, emergencies, traffic volume, transmission limits, Micro Mobisecurity outages, technical limitations, signal strength, your equipment, interconnecting carriers, terrain, structures, weather and other conditions (without limit) may interfere with working of Micro Mobisecurity, quality, and availability We are not responsible if Mobisecurity does not operate under these circumstances. We shall also not be held responsible if Mobisecurity is not operational due to loss of network, cancellation or suspension of the SIM card, or if certain types of calls or messages are blocked.

	5. Compatibility. Micro Mobisecurity is compatible with the JAVA Enabled Mobile Handsets which have been listed at www.mobisecurity.net, having active GPRS[packet data connection], kindly verify the same before purchase of Micro Mobisecurity. The terms and conditions for use of Micro Mobisecurity are given below:

	a) The SIM card on the Mobile Phone should be active for functioning of Micro Mobisecurity. b) Micro Mobisecurity should be installed in the mobile phones memory, having adequate space for installation of Micro Mobisecurity. c) To download the Micro Mobisecurity on the mobile phone, the SIM card should be GPRS enabled and should have the bandwidth to download Micro Mobisecurity on your mobile phone also it should be JAVA enabled Mobile Handset with GPRS facility . d) One registration code will be assigned to the mobile. In case of change in ownership of the mobile phone, the registration code would also be transferred to the new owner. All rights and obligations under the use of Micro Mobisecurity as well as this agreement will be transferred to the new user. Such new user should intimate Micro Technologies on www.mobisecurity.net immediately upon the acquisition of such mobile phone. f) In the event of a software crash or a genuine virus attack, Micro Technologies at its discretion, shall during the Support period of the Agreement provide free download of Micro Mobisecurity to the Registered End User. g) Reservation of Rights. Micro Mobisecurity is licensed not sold. All rights not expressly granted in this Agreement are reserved to Micro Technologies. No rights or licenses are granted by implication. End Useragrees not to disassemble, decompile, use, distribute, or create derivative works of the Software except as expressly set forth in this Agreement.

	6. Disclaimer of Warranties. EXCEPT FOR ANY OTHER WRITTEN WARRANTY THAT MAY BE PROVIDED, AND TO THE EXTENT PERMITTED BY LAW, Micro Mobisecurity IS PROVIDED "AS IS", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE Micro Mobisecurity. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR DEALERS (EXCEPT FOR ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED), ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT WARRANTIES BY US OF ANY KIND. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES ("MICRO TECHNOLOGIES AFFILIATES") DO NOT WARRANT THAT Micro Mobisecurity WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, BUG OR ERROR FREE.

	7. Limitation of Liability. We are not liable to you, other users of your Product or third parties for any deficiency in performance or quality, caused in whole or in part by an act or omission of an underlying carrier or service provider, Web site, messaging community, dealer, equipment or facility failure, Product failure or unavailability, discontinuation of Micro Mobisecurity, or Products, network problems, lack of coverage or network capacity, equipment or facility upgrade or modification, delay or failure of number portability, acts of God, strikes, fire, terrorism, war, riot, emergency, government actions, equipment or facility shortage or relocation, the failure of an incoming or outgoing call, priority access, or secured call or alert software, or causes beyond our reasonable control. EVEN IF MICRO TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, MICRO TECHNOLOGIES AND MICRO TECHNOLOGIES AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE Micro Mobisecurity OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, TREBLE, SPECIAL, OR CONSEQUENTIAL DAMAGES; LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER ARISING FROM INTERRUPTION OR FAILURE OF MICRO Mobisecurity, LISTING ERRORS, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND MICRO Mobisecurity, SUSPENSION, TERMINATION, OR THE INABILITY TO USE THE MICRO Mobisecurity OR ANY PRODUCT, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION, OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR PRODUCT (WHETHER READ OR UNREAD, SOLICITED OR UNSOLICITED), OR LOSSES RESULTING FROM ANY PRODUCTS, GOODS, OR MICRO Mobisecurity PURCHASED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE Micro Mobisecurity. IF THE STATE LAW APPLICABLE TO YOUR CLAIMS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, THE RELEVANT PORTIONS OF THE ABOVE EXCLUSION OR LIMITATION WILL NOT APPLY TO YOU.

	THE MAXIMUM AGGREGATE LIABILITY OF MICRO TECHNOLOGIES AND MICRO TECHNOLOGIES AFFILIATES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY OR LOSSES ARISING FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RELATED TO Micro Mobisecurity, SHALL BE A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE MicroMobisecurity OR PRODUCT. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.

	8. Indemnification. You agree to defend, indemnify, and hold us, Micro Technologies Affiliates, harmless from any and all claims, demands, actions, liabilities, costs, or damages arising out of your use of the Micro Mobisecurity, any legal disclosures we make relating to your Micro Mobisecurity, or your breach of this Agreement. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims by third parties.

	9. Assignment. We may assign all or part of our rights or duties under the Agreement without such assignment being considered a change to the Agreement, and without notice to you, except to the extent provided by law. We are then released from all liability. You may not assign the Agreement without our prior written consent. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benefits.

	10. Notices/Customer Communications. We may send you written notice, which may be on or included with your bill, which is considered given and received by you on the third day after the date deposited in the Courier to your address in our billing records. You agree we may also notify and communicate with you, or respond to your inquiries electronically through e-mail, voicemail, or text messaging, which is considered given and received immediately upon transmission.

	11. Severability and Survivability. All terms and conditions of these T&Cs are independent of each other and if any provision of these T&Cs is held to be inapplicable or unenforceable, then (a) that term or provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms or provisions remaining in full force and effect, (b) the T&Cs will not fail their essential purpose, and (c) the balance of the T&Cs remain unaffected and in full force and effect, unless our obligations are materially impaired, in which event we have the right to terminate the Agreement.

	12. Entire Agreement/Applicable Law . This Agreement represents the final and entire agreement between you and us regarding the use of MicroMobisecurity. Electronic images of the Agreement will be considered originals. You acknowledge that you have not relied on any other representations not specifically included in this Agreement. If we don't enforce our rights under any of the provisions of the Agreement, we may still require strict compliance in the future. You represent that you are of legal age and have the legal capacity to enter into this Agreement. If you are contracting on behalf of a company, you represent that you are authorized to enter into this Agreement and agree to be personally liable for all accounts if you are not so authorized. This Agreement is governed by the laws of India , and the courts of Mumbai shall have jurisdiction.

	13. Service Period Micro Technologies warrants to you that during the Service period Micro Technologies will give in a commercially reasonable time remedy defects free of charge through email or through telephone. Service Period The limited service period for the Micro Mobisecurity shall be twelve (12) months from the date of purchase of the MicroMobisecurity What is not covered? 1. During the Service Period Micro Technologies shall not cover any third party software, settings, content, data or links, whether included or downloaded in the mobile phone, whether included during installation or otherwise and in any way acquired by you. 2. During the Service Period Micro Technologies shall not cover errors occurring due to a) normal wear and tear of the mobile phone, b) defects caused by rough handling of the mobile phone (including, without limitation, defects caused by sharp items, by bending, water, compressing or dropping, etc., or c) defects or damage caused by misuse of the mobile phone, including use that is contrary to the instructions provided by Micro Technologies other acts beyond the reasonable control of Micro Technologies . 3. The Service Period does not cover defects or alleged defects caused by the fact that the mobile Phone was used with, or connected to, any mobile phone, accessory, software and/or software not manufactured, or supplied by Micro Technologies or was used otherwise than for its intended use. Defects can be caused by viruses from your or from a third party's unauthorised access to Micro Mobisecurity, the mobile phone or networks. This unauthorised access can take place through hacking, password mining or through a variety of other means. 4. This Limited Warranty is not enforceable if MicroMobisecurity has been modified / tampered by anyone other than an authorized Micro Mobisecurity technician. 5. style="MARGIN: 0in 3.75pt 0pt 0.5in; TEXT-INDENT: 3.75pt; " class="Heading2text">Micro Technologies shall not be responsible for errors /defects caused to Micro Mobisecurity relating to the following:a. Errors that result from improper handling or use of the applicable Micro Mobisecurity by End Users;b. Errors for which Micro Technologies has provided technical or operational corrections not implemented by End Users within a reasonable time;c. Errors caused by changes, alterations or revisions made by or on behalf of End Users;d. Errors that result from End User’s use of Micro Mobisecurity or equipment not approved by Micro Technologies; e.Problems of End Users caused by the End User’s data, network, database, operational or other environmental factors not within the direct control of Micro Technologies; g. Failure by End User to install updates provided to End User by Micro Technologies from time to time.h. If the End User formats the mobile phone and thereby erases the MicroMobisecurity, Micro Technologies shall not be liable for defects resulting from such acts.i. Micro Technologies , in a manner consistent with the provisions of the section entitled "Limitation of Micro Technologies 's Liability" below, shall not under any circumstances be liable, either expressly or impliedly, for any damages or losses of any kind whatsoever resulting from loss of, damage to, or corruption of, content or data while copying the Micro Mobisecurity on to the Mobile Phone.

	13. Limitation of Micro Technologies’s liability This Limited Warranty is your sole and exclusive remedy against Micro Technologies and Micro Technologies’s sole and exclusive liability in respect of defects in your Product. This Limited Warranty replaces all other Micro Technologies warranties and liabilities, whether oral, written, (non-mandatory) statutory, contractual, in tort or otherwise, including, without limitation, and where permitted by applicable law, any implied conditions, warranties or other terms as to satisfactory quality or fitness for purpose. However, this Limited Warranty shall neither exclude nor limit i) any of your legal (statutory) rights under the applicable national laws or ii) any of your rights against the seller of the Product.

	To the extent permitted by applicable law(s) Micro Technologies does not assume any liability for loss of or damage to or corruption of data, for any loss of profit, loss of use of Products or functionality, loss of business, loss of contracts, loss of revenues or loss of anticipated savings, increased costs or expenses or for any indirect loss or damage, consequential loss or damage or special loss or damage.

	To the extent permitted by applicable law, Micro Technologies ´s liability shall be limited to the purchase value of the Micro Mobisecurity /Product.

End User Agreement