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"Company" means Tata Motors Limited, registered under the Companies Act, 1913 with registered office at Bombay House, 24 Homi Mody Street,Mumbai - 400 001 and all of its approved and assigned affiliates.
"Tata FleetMan" or 'TFM'means Telematics Services provided by the Company under the Tata FleetMan brand which caters to Vehicle Trackingand Fleet Management Services (Hereinafter referred to as "TFM", which expression includes its substitutes and assign)
"User" means an individual/company/ Institution /firm/organization who/which has purchased a vehicle from Tata Motors on which the Schemeis applicable and activated his account. This expression shall include his kin, administrators, successors, legal dependents and allowedassigns and benefits.
"Commencement Date of Service" means the date of commencement of the subscription period. For the OE 3 year free subscription, thiscommencement date is the date of sale of vehicle. 'Closing date of service' means the last date of the subscription period. For the schemeit would be 3 years after the date of sale of vehicle.
"Telecom Service Provider " A company which owns the SIM cards provided for installing in the telematics unit and is holding necessarylicenses to offer telecom related communication and data connectivity services for Tata FleetMan Services.
"M2M SIM card" will mean a machine to machine SIM card provided with the Telematics Unit by the Company and registered in the name of theCompany. These SIM cards work only for transmitting data from the telematics unit to the Tata FleetMan servers. All other functionalitiesapart from telematics unit to telematics server data transfer, like voice call and text message, are disabled on such SIM cards.
"User Data" shall mean all the data related to the vehicles operated by the Users and collected through the TFM system. The ownership ofthe data will reside with the User while the company and its affiliates shall act as the custodian of the data and provide storage andmaintenance of the same for the period of the custody.
After the delivery of the vehicle, on which the scheme is applicable, by the Dealer the User will be provided with a login link in a welcome email.The user will have the option to set his/her password using the link.
For security purposes, the system will keep the records of last login for a specified login ID with number of logins, duration (only for lastlogin), and IP address. The system will also have auto log-off facility. The password will be generated using encryption technique. The User willbe able to track their vehicle fitted with Telematics Unit online on real time basis.
The Company will provide the user access to Historical User Data pertaining to TFM telematics Services provided the duration of such data does notexceed twelve months and the user's contract remained valid during these twelve months. The user will have free access to this data online orthrough a specific request within the contract validity.
The Company reserves the right to disclose any/all data to government authorities on demand from an authority (and without notice where directed)directly or through Company's telecom service provider.
The allocation of Subscription to the TFM Services is at the sole discretion of the Company and it reserves the right to accept/reject anyapplication without assigning any reasons. The User consents and authorizes the Company to use the data provided by the User for use by theCompany.
The Company hereby makes it explicit that it does not guarantee 100% uptime due to any reason, of the service. A failure in service 'up-time' doesnot entitle the User to a refund or damages of any form.
The Company reserves the right to temporarily suspend in full or part the TFM Services at any given time without notice to the Users, if theCompany's or the telecom service provider's infrastructure fails or requires up gradation or maintenance.
These terms and conditions shall become effective from the date of commencement of the TFM service. The terms and conditions shall continue toremain in force until the user's subscription is terminated.
Without prejudice, in no event shall the Company, its employees, directors, representatives and successors be liable for any direct, indirect,incidental or circumstantial damages, loss, expenses of whatsoever nature, including but not limited to, deficit of profit or loss of businessassociated to the provision of the service to the User.
The Company shall not be responsible for any act of commission or omission of any third party/supplier/manufacturer/agency/firm offering anyappendage or benefit to the User without any consent or authority of the Company.
The Company is entitled, after prior announcement and confirmation, to change, defer , add, withdraw any service and/or modify, alter, add, delete,abstract any/all charges, discounts, validity date, Subscription Plans, etc., at any given point at its sole discretion for single or multiple, orall of its Users.
The Company reserves the right to transfer or assign and/or delegate all or part(s) of its obligations, rights and/or duties under these terms andconditions to any party. Such transfer/assignment shall release the Company from all liabilities under these terms and conditions.
The Company reserves the right to disclose any information or particulars associated to the User to any authority, statutory or otherwise,including but not limited to, any security agencies, and reserves the right to comply with the directions of such authorities at its discretion andwithout intimating the User.
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