About InnoVita Technologies
InnoVita Technologies Private Limited was incorporated in Pune, Maharashtra, India in year 2011. Since then our tailored fleet management and vehicle tracking solutions has helped companies across India and abroad become more secure, safer and more profitable.Because we care about quality and reliability, we take responsibility of every aspect of our business.
Get in Touch
  •   InnoVita R&D Facility, Bungalow # 2, Angelle      Hills Soc., Paud Road, Bavdhan Bh., Pune.
         Maharashtra, India - 411021.
  •   (+91 / 0) -206 -999 -6444
  •   (+91 / 0) -967 -323 -5714
  •   info@innovita.com
  •   support@innovita.com
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Car Care Terms and Conditions of Use

1. TERMS

This Agreement is a binding agreement between InnoVita Technologies Pvt. Ltd. and you with respect to your participation (the "User") in the Services and your consumption of Services as defined by Your or any other users interaction with or use of all or some of our - website, hardware device (Hardware) and user applications (Application). Given the importance of the terms of this Agreement, we encourage you to study them carefully.

InnoVita Technologies is committed to protecting your privacy and shall not share your location geo coordinate data with any 3rd party such that it can be associated with an individual, unless required to conduct our Services provided to you or required by law.

You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the Service ("Your Content"). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. We reserve the right to access your account in order to respond to your requests for technical support.


  • You represent and warrant that:
  • You have full power and authority to enter into this terms of use.
  • You own all Your Content or have obtained all permissions, rights required to engage in your data collection for using our Services
  • You are eighteen (18) years of age or older.
  • you undertake that your content and other activities in connection with using our Services does not violate, infringe or misappropriate any third parties copyright, trademark, right of privacy and publicity or other personal or proprietary rights. You undertake that you shall be exclusively responsible for any liability arising due to any potential breach which may occur as a result of your usage of our Services.
  • We have the right, but not the obligation, to monitor the Services, Hardware, Content or Your Content. You further agree that we may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

2. DESCRIPTION OF SERVICE AND USAGE OF USER DATA

  • Note that in order for the Services to be delivered, the mobile device or other user devices, onto which the Application is installed, must have adequate network and data service and should have appropriate operating system and software required for the application to work, and the Hardware must be properly activated and installed in your vehicle and be in a geography that has telecom network of our telecom partner.
    • InnoVita Technologies uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Services and sharing information at your own risk.
    • InnoVita Technologies has the right to use or share Data generated by You with its partners and affiliates or 3rd parties, for providing services to You or for analysis or marketing and promotional or other commercial purposes or if required by law. When Data is used for purposes other than providing services to you then such data shall be anonymised.

3. GENERAL

  • The Website is an Internet based portal owned and operated by the Company. Use of Services is offered to you subject to acceptance of all the terms, conditions and notices contained in the Terms, along with any amendments made by the Company at its sole discretion and posted on the Website, including by way of imposing any charge for access to or use of a Services. By (i) using all or part of our Services in any way; or (ii) merely browsing the Website, You agree that you have read, understood and agreed to be bound by these Terms of use.
  • The Android and IOS applications are internet based applications which are dependent on the wifi and cellular data connectivity of the respective phones. Therefore, InnoVita Technologies cannot be held responsible in case any failure which occurs during the use of CarCare application. Similarly, the device hardware also communicates with server using cellular data network. InnoVita Technologies will not be responsible in any failure in live data sending process occurring due to network issues.
  • Any prolong failure with the hardware calls for Inspection and Servicing. In such case, the device can be brought to the office location or service centres mentioned on the the website.

4. USER ACCOUNT, PASSWORD AND SECURITY

  • The Company may make the Services available to You only if You have provided InnoVita Technologies certain required User information and / or created an account ("Account") through InnoVita Technologies ID and password or other log-in ID and password (collectively, the "Account Information") . The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guide, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms") . If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
  • You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify InnoVita Technologies of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. InnoVita Technologies cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by InnoVita Technologies or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
  • You shall ensure that the Account Information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
  • If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or InnoVita Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services (or any portion thereof).

5. PRICING INFORMATION

  • You agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services. You shall not use the credit / debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit / debit card. The information provided by you will not be utilized or shared with any third party unless required to complete your transaction or in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit / debit card details.
  • InnoVita Technologies shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the authorization for any transaction for any reason whatsoever.

6. USER OBLIGATIONS

  • Subject to compliance with the Terms of Use, InnoVita Technologies grants You a non-exclusive, limited privilege to access and use the Website.
  • You agree to use the Services and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
  • You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you will access the Website in accordance with the Terms.
  • You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by InnoVita Technologies. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, hack, copy or monitor any Hardware, Application, Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
  • By accessing or using the Website or Services, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. InnoVita Technologies disclaims all liabilities arising in relation to such offensive content on the Website.
  • Our Services may allow you to post or upload files, data, comments or any other material. You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
  • Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
  • Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  • Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  • Attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our server, by any illegitimate means (including such as hacking and password mining);
  • Probe, scan or test the vulnerability of any portion of our Services or any network connected to the Services, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of InnoVita Technologies, including any InnoVita Technologies Account not owned by You, to its source, or exploit the Website or Services or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or vehicle or networks connected to or accessible through the Services or any affiliated or linked sites;
  • Collect or store data about other users.
  • Use any device or software to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person's use of the Services;
  • Use the Services or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of InnoVita Technologies or other third parties;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Violate any code of conduct or other guide, which may be applicable to the Services;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the Terms including but not limited to any applicable Additional Terms; and
  • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images or software obtained from the Services.
  • You agree that You are solely responsible to InnoVita Technologies and to any third party for any breach of Your obligations under the Terms and for the consequences for any such breach.

7. USE OF MATERIALS

  • Except as expressly indicated to the contrary herein or in any applicable Additional Terms, InnoVita Technologies hereby grants You a non-exclusive, freely revocable (upon notice from InnoVita Technologies), non-transferable access to view and print product catalogue available on the Website, subject to the following conditions:
  • You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
  • You may not modify or alter product catalogue available on the Website;
  • You may not remove any text, copyright or other proprietary notices contained in the product catalogue available on the Website.
  • The rights granted to you as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogue available on the Website may be copied or retransmitted unless expressly prohibited by InnoVita Technologies.

8. INTELLECTUAL PROPERTY RIGHTS

  • The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by InnoVita Technologies Pvt. Ltd. and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
  • The trademarks, logos and service marks displayed on any component of the Services ("Marks") are the property of InnoVita Technologies . You are not permitted to use the Marks without the prior consent of InnoVita Technologies or the third party that owns the Marks.
  • InnoVita Technologies owns all intellectual property rights to the trademark and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  • Except as expressly provided herein, you acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from InnoVita Technologies or third party owner of such Content.

9. DISCLAIMER OF WARRANTIES & LIABILITY

    You expressly understand and agree that, to the maximum extent permitted by applicable law:
  • You agree to indemnify, defend and hold harmless InnoVita Technologies from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by InnoVita Technologies that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Supply Terms or any Additional Terms applicable to the purchase of Products and Your usage of Services.
  • In no event shall InnoVita Technologies, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not InnoVita Technologies has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, InnoVita Technologies entire liability to you under this Terms of Offer for Sale or otherwise shall be the refund of the money charged from You, under which the unlikely liability arises.
  • InnoVita Technologies will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information or any services or materials, either with or without your knowledge. InnoVita Technologies endeavours to ensure that all the information on the website is correct, and provide warranties relating to the quality, accuracy of product or service. InnoVita Technologies shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, InnoVita Technologies shall not be responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. InnoVita Technologies is not responsible for any typographical error leading to any invalidity of any kind. InnoVita Technologies accepts no liability for any errors or omissions, with respect to any information provided to you by itself or on behalf of third parties.
  • InnoVita Technologies shall not be liable for any third party product or services. The advertisements available on e-mail or website with respect to any third party website or the products and services are for information purpose only.
  • The Android and IOS applications are internet based applications which are dependent on the wifi and cellular data connectivity of the respective phones. Therefore, InnoVita Technologies cannot be held responsible in case any failure which occurs during the use of CarCare application. Similarly, the device hardware also communicates with server using cellular data network. InnoVita Technologies will not be responsible in any failure in live data sending process occurring due to network issues.

10. VIOLATION OF THE TERMS OF USE

    InnoVita Technologies may, in its sole discretion and without prior notice, terminate Your access to the Website if InnoVita Technologies determines that You have violated the Terms or Additional Terms. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to InnoVita Technologies, for which monetary damages is likely to be inadequate, and You consent to InnoVita Technologies obtaining any injunctive or equitable relief that InnoVita Technologies deems necessary or appropriate. These remedies are in addition to any other remedies InnoVita Technologies may have at law or in equity.


11. TERMINATION

  • The Terms will continue to apply until terminated by either you or InnoVita Technologies as set forth below. If you want to terminate your agreement with InnoVita Technologies, you may do so by (i) not accessing the Services; and closing Your accounts (if any).
  • InnoVita Technologies may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
  • You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You;
  • InnoVita Technologies is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority);
  • The provision of the Services to you by InnoVita Technologies is, in our opinion, no longer commercially viable;
  • InnoVita Technologies has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to You;
  • For technical or any other reason, Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or Services. InnoVita Technologies may also delete any content or other materials relating to your use of the Website.
  • InnoVita Technologies shall not be liable to you or any third party for any such termination.
  • Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.

12. GOVERNING LAW

  • The Terms and all transactions entered and the relationship between you and InnoVita Technologies and any mutual claims shall be governed in accordance with the laws of (New Delhi) India without reference to any conflict of laws principles.
  • Disputes: Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise this TERMS OF SERVICE shall be governed by the laws of India without regard to the principles of conflicts of law.
  • Otherwise elected by InnoVita in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the Courts of Nashik, Maharashtra for the purpose of resolving any dispute relating to our Services.

13. GENERAL PROVISIONS

  • Notice:All notices from InnoVita Technologies will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to InnoVita Technologies pursuant to the Terms should be sent to carcare@innovita.com
  • Assignment:You cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party. InnoVita Technologies rights under the Terms of Use are freely transferable by InnoVita Technologies to any third parties without the requirement of seeking Your consent.
  • Severeability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.
  • Waiver:Any failure by InnoVita Technologies to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
  • Feedback and Information:Any feedback you provide to this Website shall be deemed to be non-confidential. InnoVita Technologies shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) InnoVita Technologies is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from InnoVita Technologies for the feedback under any circumstances.
    We reserve the right, at our sole discretion, to change or modify portions of terms of use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services or Hardware after the date any such changes become effective constitutes your acceptance of the new terms of use. By visiting this Website or using our Services you agree to be bound by the terms and conditions.

14. MODIFICATIONS TO THE HARDWARE AND SOFTWARE

  • As our services and user experiences are constantly evolving, we may from time to time, add, change, modify, discontinue or remove features from our services (including in relation to whether a service is free of charge or not), without cause, temporarily or permanently with or without any notice to you.
  • You agree that we shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site or our Services.

15. OUR INTELLECTUAL PROPERTY RIGHTS

  • The Software and Hardware made available to you by InnoVita in connection with the Service, contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The Intellectual Property Rights in such Software and Hardware will continue to belong to us and/ or our licensors.
  • Subject to the terms and conditions of this TERMS OF SERVICE, InnoVita hereby grants you a personal, nontransferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service (and in the case of Software embedded on the Hardware, you may only use such Software on the Hardware), provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in any Software.
  • The “CarCare” name and logos are trademarks and service marks of InnoVita (collectively the “InnoVita Trademarks”). Other companies, products, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in this TERMS OF SERVICE or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the InnoVita Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of InnoVita Trademarks will inure to our exclusive benefit.

16. YOUR ACCOUNT

  • You will need to create an account with us to access and useour Services. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. You must promptly notify us if you know or suspect that your account or password has been compromised. InnoVita reserves the right to access your account in order to respond to your requests for technical support.
  • Any account you open with us is personal to You and You are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account, however we can disable, deactivate or terminate your account, with or without notice to you, for whatever reason, including but not limited to your non-adherence with the TERMS OF SERVICE.

17. YOUR CONTENT

  • You are solely responsible for all feedback, suggestions, text, content and other materials that you upload, post, deliver or otherwise transmit (hereafter “post(ing)”) in connection with or relating to the Service or the Hardware (“Your Content”). You will at all times continue to own and be responsible and liable for your Content. Any Information (as defined in the InnoVita Privacy Policy) collected by us shall be used in accordance with the InnoVita Privacy Policy.
  • By posting Your Content on or through the Service, you hereby do and shall grant InnoVita a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content solely for the purposes of providing and developing our Services to you.
  • InnoVita has the right, but not the obligation, to monitor the Service, Hardware, Content or Your Content. You further agree that InnoVita may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
  • InnoVita uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Services and Hardware and sharing information at your own risk.
  • For more information and to understand the security measures we use to protect your content, retention of your Content and how and why we share your Content with third parties please read the InnoVita Privacy Policy.

18. MOBILE SERVICES

  • To register for our Services and to use Mobile Services, you will need to provide us with your mobile number valid within the country of your residence.
  • To the extent you use Mobile Services or access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
  • By using the Mobile Services, you agree that we may communicate with you regarding InnoVita and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us.
  • In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages which may not be delivered or may be sent to the person that acquires your old number.

19. APPLE-ENABLED SOFTWARE APPLICATIONS

  • InnoVita offers Software that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to InnoVita Technologies Pvt Ltd software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TERMS OF SERVICE, the following terms and conditions apply:
    a) InnoVita and you acknowledge that this TERMS OF SERVICE is concluded between InnoVita and you only, and not with Apple, and that as between InnoVita and Apple, InnoVita, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
    b) You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules and Terms and Conditions of Use set forth by Apple for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
    c) Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
    d) Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
    e) Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the AppleEnabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be InnoVita’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
    f) InnoVita and you acknowledge that InnoVita, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to:
    (i) product liability claims;
    (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and
    (iii) claims arising under consumer protection or similar legislation.
    g) In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between InnoVita and Apple, InnoVita, not Apple, will be solely responsible InnoVita Technologies Pvt Ltd for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    h) You represent and warrant that
    (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
    (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    i) If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to InnoVita as follows: carcare@Innovita.com
    j) InnoVita and you acknowledge and agree that Apple, and Apple’s subsidiaries, are thirdparty beneficiaries of this TERMS OF SERVICE with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TERMS OF SERVICE, Apple will have the right (and will be deemed to have accepted the right) to enforce this TERMS OF SERVICE against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

20. INDEMNIFICATION

  • You shall defend, indemnify, and hold harmless InnoVita, its affiliate companies, Directors, Associates, Agents and Officers from and against any loss, expenses, claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from:
  • Your breach of this TERMS OF SERVICE
  • Violation of any third party rights through any of Your Content, or
  • Your other access, contribution to, use or misuse of the Service or Hardware.
  • InnoVita shall provide notice to you of any such claim, suit or demand. InnoVita reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting InnoVita’s defense of such matter. The Obligations contained in this Clause shall survive the termination of this TERMS OF SERVICE with you and your use of our Services.

21. EVENTS OUTSIDE OUR CONTROL

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
  • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) Strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control, failure of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.
  • Our performance under these TERMS OF SERVICE is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these TERMS OF SERVICE may be performed despite the Force Majeure Event. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these TERMS OF SERVICE.