Voltas IT

Terms and Conditions

Effective date: May 1, 2018

 

Introduction

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.obdeleven.com website and the OBDeleven mobile application (the "Service") operated by Voltas IT (“Voltas IT”, "us", "we", or "our").

Use of the Voltas IT Service relies on several technical requirements:

Supported vehicles

Android version

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms then you may not use our Service.

Our Privacy Policy describes how we handle the information you provide to us when you use our Service. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Our Software License Agreement applicable when the user downloads and uses the App. The user gives separate consent to be bound by the Software License Agreement before using the App.

The Service is intended for use by users who are of the legal age required to hold a driving license. In any case, accounts of users under the age of 13 years will be cancelled and deleted by Voltas IT, upon receiving notice.

Attention!

·         Attempting to operate a mobile phone, electronic or touchscreen device while operating a vehicle is dangerous and is not recommended. Many functions of the App are not intended for use while driving. Do not attempt to enter information or navigate this application while driving. Doing so can result in serious injury, death, or damage to property and could be unlawful.

·         The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense.

·         Voltas IT is not liable for any lost or damaged data (including, without limitation, any data erased by Voltas IT  in connection with the repair or replacement of hardware), lost revenue or profit, loss of the ability to use any third party products, software or services, damage to the vehicle to which you connect the Hardware, or for special, indirect, consequential, incidental or punitive damages, regardless of the theory of liability (including negligence), arising out of or related to the use of or inability to use the Hardware, software or any services provided in respect of such Hardware, software or service, even if Voltas IT has been advised of the possibility of such damages.

·         Voltas IT is not liable for any claims or damages arising out of improper or imprudent use of the Hardware, including using it while driving or operating a vehicle. The entire risk as to the quality and performance of the application is borne by you.

·         Voltas IT does not guarantee that vehicle error detection will be accurate or error-free and you should always obtain professional assistance from a vehicle specialist for regular service, as well as for diagnosis of any problems with your vehicle, and to make timely and appropriate repairs. To the extent not prohibited by applicable law, in no event will our liability exceed the amount paid by you for the hardware. if you live in the European union, references in this section to “special, indirect, consequential or incidental losses” shall mean any losses which (I) were not reasonably foreseeable by both parties, and/or (II) were known to you but not to Voltas IT and/or (III) were reasonably foreseeable by both parties but could have been prevented by you, including without limitation losses caused by viruses, trojans or other malicious programs, or loss of or damage to your data. The foregoing limitations will apply even if any warranty or remedy provided under this limited warranty fails of its essential purpose.

Our Services, Payment and Cancellation

Voltas IT provides services for Bluetooth device, which connects into OBD-II diagnostic socket and allows you to do full car systems diagnostics, programming and monitoring (“Hardware”). This tool works only with the App.

Certain Voltas IT services, after the purchase of Hardware, are free-of-charge. Other services require payment before you can access them. The Voltas IT services that may be accessed after payment are currently referred to as the “Credits”. We also offer features for professional use of the App, which requires advanced knowledge about vehicle programming (“PRO version”). You can learn more about our services by visiting our Website.

After purchasing the Hardware from our Website, Credits and PRO version (“Virtual Items”) can be purchased directly from the App. When you purchase the PRO version, activation code will be delivered to your email provided in registration form. When you purchase PRO version and Credit directly via Google Play, they will automatically appear in your App account.

 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Shipping

Packages are generally dispatched within 2 working days after receipt of payment. Whichever shipment choice you make, we will provide you with a link to track your package online.

We provide these shipping methods:

·         Standard shipping

Package will be send via Lithuanian post. Shipping normally takes 3-14 working days in Europe and 7-30 working days in United States and 14-60 working days in Canada. In some countries online parcel tracking doesn't work for this shipping method.

·         Express shipping

Package will be send via DHL express. Shipping takes 1-3 working days in Europe and 2-5 days in United States and Canada.

·         United Parcel Services (UPS)

      Package will be send via Authorised Service Contractor for UPS in Lithuania. Shipping takes 1-3 working days in Europe and 2-5 days in United States and Canada.

We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. All customs and customs related fees are not included.

In case when PRO version is purchased together with the Device for the other person as a gift, the PRO version activation code will be delivered together with the Device (attached to the package).

Virtual Items and Refund

You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way.

Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

Voltas IT, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. We may manage, regulate, control, modify or eliminate Virtual Items at any time. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. All purchases and redemptions of Virtual Items made through the Service are final and non-refundable.

The Right of Withdrawal

For users residing in the European Union (EU) or European Economic Area (EEA), in accordance with local law, you are entitled to return purchases within 14 days for a full refund. Please note, that by using our Service, you acknowledge and consent that you lose your cancellation right after the delivery of online digital content, i. e. Virtual Items, has started. Therefore, (1) Credits and PRO version are not refundable after the purchase was made via Google Play; (2) PRO version is not refundable after the activation code is entered on the App, when the purchase is made via Website.

For other residents, refund may be considered if it is requested within 14 days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

In every case we leave the right to issue refunds of Credits at our selection. If we issue a refund of Credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

We are accepting 14 days return policy for non-Virtual Items. Such items must be returned in original package and without marks of use. Shipping fee is not refundable.

Rights Granted

Voltas IT grants you the rights set in Software License Agreement.

You grant us the right to allow the Service to use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of the Service.

User Content

Our users may upload content to the Service, i.e. profile picture, username or other information. Such content can’t violate any agreements with Voltas IT or applicable law. We have the right to remove such content by our sole discretion.

Copyright

All intellectual property rights in and to the Website, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Voltas IT or are exclusively licensed to Voltas IT.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Voltas IT.

Voltas IT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Voltas IT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Limited Warranty

For consumers who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by this limited warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations. Some countries, states and provinces do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on how long an implied warranty or condition may last, so the limitations or exclusions described below may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights that vary by country, state or province.

This limited warranty is provided by Voltas IT to purchasers of the Hardware. Hardware devices provided by Voltas IT are warranted to be free from defects in materials or workmanship under normal use (a) for new Hardware, two (2) years from the date of purchase by the original end user purchaser, and (b) for refurbished Hardware, ninety (90) days after the date the refurbished Hardware is shipped by Voltas IT to you or the remainder of the new Hardware Warranty Period, whichever is longer (as applicable, the “Warranty Period”). Within the Warranty Period, Voltas IT  will, at its sole option, and as Voltas IT ’s sole liability and your exclusive remedy, (a) repair the Hardware with new or refurbished parts, (b) replace the Hardware with reasonably available equivalent new or refurbished Hardware, or (c) refund the actual purchase price of the Hardware less any rebates and discounts. Such repairs or replacement will be made at no charge to you for parts or labor, provided that you shall be responsible for the shipping and handling costs for your returns as described below. All Hardware and parts that are replaced become the property of Voltas IT.

This limited warranty extends only to Hardware purchased from Voltas IT or a Voltas IT Authorized Reseller. This limited warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless Hardware damage has occurred due to a defect in materials or workmanship of the Hardware; (iii) damage caused by abnormal physical or electrical stress, negligence, accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service or repair performed by anyone who is not an authorized service provider of Voltas IT; (v) damage to Hardware that has been modified or altered without the written permission of Voltas IT; (vi) Hardware that has not been installed, operated, or maintained in accordance with instructions supplied by Voltas IT, or (vii) Hardware that was supplied or licensed for beta, evaluation, testing or demonstration purposes for which Voltas IT does not charge a purchase price or license fee. In addition, Voltas IT reserves the right to refuse warranty claims for Hardware that is obtained and/or used in contravention of the laws of any country.

To the maximum extent permitted by applicable law, all software and services provided by Voltas IT with the hardware, whether factory loaded on the hardware or otherwise downloadable, is provided “as is” without warranty of any kind. Without limiting the foregoing, Voltas IT does not warrant that the operation of the Hardware, Software or Service will be uninterrupted or error free, or that use of the Hardware, Software or Services will result in any gas savings or efficiencies. Also, Voltas IT does not warrant that the Hardware, Software or Service, or any equipment, system or network on which the Hardware, Software or Service are used will be free of vulnerability to intrusion or attack.

This limited warranty does not guarantee any continued availability of any third party’s service on which the Hardware’s use or operation may depend.

To the extent not prohibited by applicable law, all implied warranties and conditions of merchant ability, satisfactory quality or fitness for a particular purpose are limited to the duration of the warranty period. All other express or implied conditions, representations and warranties, including but not limited to any implied warranties of title or non-infringement, are disclaimed.

Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

No Voltas IT employee, agent or reseller is authorized to make any verbal or written modification, extension or addition to this limited warranty, and Voltas IT expressly disclaims any such change to this limited warranty. If any portion of this limited warranty is found to be void or unenforceable, its remaining provisions shall remain in full force and effect.

How to Submit a Warranty Claim

To obtain warranty service, contact us via our help platform https://voltas-it.helpshift.com and we will provide instructions on submitting your claim. You will be responsible for securely packaging the Hardware and including the requested information, such as account verification information. You are also responsible for all shipping and handling charges, in addition to any applicable customs duties, VAT or other associated taxes or charges when returning the Hardware. Hardware for which Voltas IT cannot reproduce the claimed defect or for which your purchase cannot be verified will be rejected.

Defective Hardware covered by this limited warranty will be repaired or replaced and returned to you without charge or if elected by Voltas IT, the purchase price will be refunded to you. Voltas IT does not ship replacement Hardware to locations outside the country in which the original Hardware was purchased. Repairs or replacements not covered by this limited warranty will be subject to charge at our then-current rates.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Lithuania, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notices of the changes can be done (1) by displaying a prominent notice within the Service or (2) by sending you an email.

Your continued use of the Service after the changes have been made will constitute your acceptance of the changes.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.