By ticking the ‘I agree’ with the terms and conditions‚ the Customer/User/Operators confirms having understood both the benefits and features of standard livelink service and premium livelink services‚ to opt to avail the standard livelink services and premium livelink services and‚ therefore‚ enters into this Agreement with JCB India Limited ("JCB India") for the use of the Standard LiveLink Services (defined below) and Premium LiveLink Services (defined below) including Hardware‚ Software‚ and Web Services etc. installed as part of the Equipment (defined below) purchased by the Customer. The Customer accepts that the usage of the Service (defined below) would give the Customer the advantage of storing the entire data regarding the Equipment on a server managed by JCB India which would be available to the Customer through the Web and mobile app Service and it will also allow JCB India to identify certain predefined details of the Equipment the working‚ health condition and location of the Equipment depending upon whether the Customer has availed Standard LiveLink Services or Premium LiveLink Services. Customer will purchase machine (Equipment) along with Livelink and give access to Operators.JCB will be not liable whatsoever, for Operators activities app misuse/incorrect feedback or daily sheet submission, as customers are giving access to Operators. In case of change in operator, customer has to inform JCB for removing access.
In this Agreement the following words and expressions shall have the following meaning unless the context otherwise requires:
"Agreement" shall mean this Agreement‚ together with the recitals and any amendments thereto;
"Applicable Laws" shall mean any law‚ statute‚rule‚ regulation‚ ordinance‚ direction‚ guideline‚ judgment‚award‚ decree‚ writ or other binding action or condition imposed by any government department/agency or instrumentality of any governmental authority‚ or any court or arbitral tribunal or any self–regulatory body in India which is applicable to a Party or to which its business or assets may be subject;
"Confidential Information" means information received/downloaded from www.jcblivelink.in and other information received as SMS‚ email‚ WhatsApp etc. generated by/through Machine Data and also includes Customer’s user id and password;
"Customer" means the buyer of the Equipment‚ the operator of the Equipment who will operate the machines and of the Standard LiveLink Services and Premium LiveLink Services;
"Operator" means any individual who is authorized by the Customer to operate the machines or equipment provided under this Agreement. The Customer shall be responsible for granting such access and ensuring that the Operator is adequately trained and qualified to use the machines in accordance with applicable safety and operational standards “DSM Service” shall mean the data and software management services‚ including acquiring‚ processing‚ analyzing and utilizing the machine and user data for diagnostic and operational purposes;
"Effective Date"shall mean the date of execution of this Agreement and/or the date on which the Customer purchases the equipment‚ whichever is earlier;
"Equipment" shall mean Construction and Earth Moving Equipment e.g. Excavators‚ Loaders etc. and Parts and Components thereof manufactured by JCB India;
"Governmental Authority" means the Government of India‚ Government of any state‚ local government‚ or any ministry‚ department‚ board‚ agency‚ corporation‚ commission under the direct or indirect control of the Government of India or any of the state governments or both‚ any political sub–division of any of them including any court or tribunal or judicial or quasi-judicial body in the Republic of India;
"JCB Dealer" shall mean a person‚ persons or corporate body who has entered into a Dealership Agreement with JCB India in relation to JCB Equipments‚ and any other dealer authorised by JCB;
"JCB India" shall mean JCB India Limited;
"Standard LiveLink Service"shall mean a service which enables the Customer torx monitor and manage the Equipment remotely via a computer or mobile phone‚ described in detail in Clause 2.1 hereof;
“Standard LiveLink Service Tenure”means the initial subscription period of the LiveLink Service purchased by a Customer depending upon the Equipment purchased by such Customer at a given point of time and such subsequent periods for which it is renewed by a Customer from time to time;
"Machine Data" shall mean the data that is generated by the use of‚ collected by‚ or stored in the Equipment including the TCU;
“Premium LiveLink Service” shall mean additional features with respect to the Equipment which are in addition to the Standard LiveLink Services which can be availed by the Customer at a fee prescribed by JCB;
“Premium LiveLink Service Tenure”shall be annual subscription from the date of purchase.
"Service" shall mean the Web Service and the DSM Service collectively;
"System Data" shall mean the Machine Data and Web Application Data collectively;
"TCU" shall mean Telematics Control Unit;
"Term" shall have the meaning ascribed in Clause 8.1 hereof;
"Unauthorized Purpose" shall have the meaning ascribed to in Clause 4 hereof;
"Web Application Data" shall mean the subset of Machine Data accessible via the Web Service and any other data added to the Web Service by the Customer;
"Web Service" shall mean the web based solution which enables the Customer to use‚ view and manage data pertaining to the Customer or the Equipment or other information and data regarding JCB Products.,on one or more servers managed by JCB India; and
"Web Service Account" shall mean the account of the Customer on the Web Service accessed through a username and password.
2.1 Standard LiveLink Service
i. Standard LiveLink Service shall be provided to the Customer, enabling the Customer to monitor and manage the Equipment remotely via a computer or a laptop.
ii. To enable the Customer to use the Standard LiveLink Service on Equipment, the Standard LiveLink Service for that Equipment must first be activated. The activation will be performed by a JCB Dealer acting at the discretion of and on behalf JCB India upon sale of the Equipment to the Customer.
iii. Upon purchase of the Equipment by the Customer, JCB shall at its sole discretion provide the Standard LiveLive Link Services to the Customer (as a part of the Equipment price for a certain tenure (initial subscriptions period) (at its sole discretion). Upon expiration of Standard LiveLink Service initial subscription period, the Standard LiveLink Service for that Equipment will cease unless Customer elects to purchase an additional Standard LiveLink Service subscription for a fresh period at the then current rates available with the JCB Dealer.
iv. If any new terms and conditions, including the modification of the present Agreement, are presented to the Customer by JCB India at the time of purchase, activation, or renewal of a Standard LiveLink Service, subscription period on or after the Effective Date, the Customer hereby accepts such terms and the terms of this Agreement.
v. As a part of the provision of the Standard LiveLink Service, each Equipment shall be assigned a unique mobile or Telecom communication code. The Customer acknowledges that he has no property right in such code, and JCB India, in its sole discretion, may change or reassign such codes at any time.
vi. The Customer may receive short message service ("SMS") on his/ her registered mobile phone and/ or an e-mail on the registered email address and/or on WhatsApp as part of the Standard LiveLink Service. The Customer hereby authorizes JCB India to send SMS and/ or emails and/or WhatsApp to the Customer. The customer may unsubscribe to the above mentioned messages by visiting www.jcblivelink.in
vii. The Customer acknowledges that information received through SMS, WhatsApp, email or any other information may be delayed/not received, which shall not be attributable to JCB India, and the Customer acknowledges and agrees that JCB India shall not be liable and responsible for the same.
viii. Standard LiveLink Services are to be provided in a format designed and approved by JCB India and can vary from Equipment to Equipment.
ix. In order to subscribe for Standard LiveLink Services, the Customer has to expressly agree to abide by these terms and the privacy policy (either manually or electronically).
2.2 Premium LiveLink Services
Premium LiveLink Service are certain additional/premium features/ services (over and above/in addition to the Standard LiveLink Services), which the Customer has the right to avail at an additional cost, which will enable the Customer to have better Equipment insights.
i. To enable the Customer to use the Premium LiveLink Service on Equipment‚ the Premium LiveLink Service for that Equipment must first be activated. The activation will be performed by a JCB Dealer acting at the discretion of and on behalf JCB India upon sale of the Equipment to the Customer and upon the Customer purchasing/subscribing to the Premium LiveLink Services.
ii. Upon purchase of an Equipment‚ the Customer will also have the option to purchase Premium Link Services at the rates as communicated by the JCB India/JCB Dealer to the Customer. The Premium LiveLink Services shall be valid till Premium LiveLink Tenure. The Customer by agreeing to this Agreement agrees and acknowledges that Premium LiveLink Services are in addition to the Standard LiveLink Services as provided by JCB India and has to be purchased by the Customer separately in addition to the Standard LiveLink Services. Also, it is hereby clarified that Premium Live Link Services do not at any time form a part of the Equipment purchased by the Customer.
iii. If any new terms and conditions‚ including the modification of the present agreement‚ are presented to the Customer by JCB India at the time of purchase, activation, or renewal of a Premium LiveLink Service, subscription period on or after the Effective Date, the Customer hereby accepts such terms and the terms of this Agreement.
iv. The Customer may receive short message service ("SMS") on his/ her registered mobile phone and/ or an e-mail on the registered email address as part of the Premium LiveLink Service. The Customer hereby authorizes JCB India to send SMS and/ or emails and/or WhatsApp to the Customer. The customer may unsubscribe to the above mentioned messages by visiting www.jcblivelink.in.
v. The Customer acknowledges that information received through SMS‚ WhatsApp‚ email or any other information may be delayed/not received, which shall not be attributable to JCB India, and the Customer acknowledges and agrees that JCB India shall not be liable and responsible for the same.
vi. Premium LiveLink Services are to be provided in a format designed and approved by JCB India. Further Premium LiveLink Services and its features may vary from Equipment to Equipment.
The details of the Services as provided under Standard LiveLink Services and Premium LiveLink Services will be disclosed to the Customer upon payment of fees by the Customer. JCB India has the right at any time to change/modify/make additions to the Standard LiveLink Services and Premium LiveLink Services as being provided to the Customer under this Agreement. The Customer shall raise no claim/dispute against JCB India/JCB Dealer in this regard.
In order to subscribe for Standard LiveLink Services and/or Premium LiveLink Services‚ the Customer has to expressly agree to abide by these terms and the privacy policy (either manually or electronically).
A Customer can avail Premium LiveLink Service only when it has a valid Standard LiveLink Services subscription for a minimum of 12 months. In case the Customer does not have a valid Standard LiveLink Service subscription for 12 months, it will be first required to subscribe for the same before it can opt for/ subscribe to Premium LiveLink Services.
The Customer shall be assigned a username and password for access to and use of the Web Service. The Web Service Account will enable the Customer to control access to and use of the Web Service. The Customer agrees to the following terms to ensure proper use of the Web Service:
i. The Customer agrees not to allow anyone else to use the Web Service Account. However, for any reason, should the Customer allow a third person to use its Web Service Account, the Customer shall do so at its own risk.
ii. The Customer agrees to not use the Web Service or any information provided therein for an illegal or improper purpose, or take steps that would have a negative impact on the security, integrity or functioning of the System. The Customer further agrees not to use a third party’s website, software or service to access the Web Service Account or any other parts of the Web Service.
iii. The Customer undertakes to make its own arrangements of electronic gadgets and infrastructure to access machine alerts and web service. JCB India shall in no way be liable for the expenses and functionality of or the risk associated with the use of such gadgets and infrastructure.
The Customer shall not use the Service for any Unauthorised Purpose or in such a manner as to interfere with the use by other customers of the System. "Unauthorized Purpose" includes, but is not limited to:
i. Use with intent to avoid payment of charges due under this Agreement;
ii. Access to, use of, alteration of, or destruction of the System Data files, programs, procedures, or information related to the Customer or any other customer of JCB India;
iii. Use with the intent to reverse engineer or clone the System;
iv. Use for any unlawful, illegal or fraudulent purpose;
v. Bypass the LiveLink System.
vi. Store, transmit and distribute any virus and other malwares.
vii. Hacking the Web Service.
i. In the event of sale of the Equipment to the third party by the Customer, the Customer shall cease to be the Web Service Account holder.
ii. In the event of the Customer selling the Equipment to a third party, the third party shall automatically become bound by all the terms and conditions of this Agreement. Further, the third party to whom the Equipment is transferred is required to enter into an agreement with JCB Dealer. Upon receiving the request from the Customer and completing the verifications, JCB Dealer will generate the unique ID and password for the new customer and register the new authorised mobile Numbers for SMS/ WhatsApp alerts, failing which the new customer will not be eligible for any Services from the JCB Dealer, and JCB India shall have the right to terminate the Services.
iii. During the Term, the Customer shall have access to and shall be permitted to use the Service as may be provided by JCB India.
The hardware and software shall together constitute the TCU which enables the System to connect and exchange data with the System Application Software.
6.1 The Customer accepts that the collection and storage of data pertaining to the Equipment is to the Customers’ advantage and for the benefit of the Customer. The Customer shall at no stage have any objection or raise any issues in regard to the data collected and stored by JCB India pertaining to the Equipment.
6.2 JCB India reserves the right to deactivate the TCU, and to bill the Customer for the reimbursement of any of the additional expenses incurred by JCB India as a result of the Customer using the TCU for any purpose other than utilizing the Standard LiveLink Service and Premium LiveLink Services.
6.3 The Customer shall notify the JCB Dealer immediately if the Equipment is lost, stolen, unserviceable due to damage, or has been misused in any manner.
6.4 The Customer shall include as an express condition in case of any sale, rental, lease to other third party for use of the Equipment and the Service, the requirement that such third party abide by all terms of this Agreement.
6.5 In case of a defective TCU which is discovered during the warranty period, the Customer shall notify the JCB Dealer forthwith and the necessary action will be performed in accordance with the warranty terms.
6.6 The TCU may contain proprietary software code of JCB India or any third party software code licensed as part of this software. JCB India grants to Customer a non-exclusive, revocable license to use the TCU and Services. The Customer hereby agrees that it shall not deal with the TCU in a manner which may tamper such software code and such software code shall not be misused in any manner whatsoever.
7.1 Access/ use of Data by JCB India and JCB Dealers
i. JCB India may provide access to the JCB Dealer who sold the System to the Customer and such JCB Dealer may use the System Data.
ii. The Customer hereby agrees that JCB India and JCB Dealers including any subsequent purchasers of such JCB Dealers shall have the right to access and not restrict use of System Data.
iii. Further, JCB India and the JCB Dealers shall have the right to use the System Data for their business purposes and the Customer hereby gives its consent to JCB India and the JCB Dealer, including, but not limited to:
iv. Further, the Customer acknowledges and agrees that the System Data may be shared with the JCB HQ and JCB group of companies for global level analysis. The Customer hereby consents to the collection, use and disclosure of personal information as contained in the System Data for business purposes.
v. The Customer also agrees and acknowledges that JCB India shall have perpetual, and irrevocable right to use, copy, modify, create derivative works of, distribute, share with any third party (for consideration or otherwise) and otherwise exploit in any manner such System Data in all formats and distribution channels, without further notice to or consent from the Customer, and without the requirement of payment to the Customer or any other person or entity.
vi. Notwithstanding anything contained in Clause 4(1)(v) above, JCB India shall not disclose in any manner whatsoever the details of the Customer, such as the name of the Customer, sensitive business information of the Customer and username and password of the Customer to access the Web Service Account, to any third party, with whom JCB India may share the System Data.
7.2 Data Retention Policy
JCB India will store the Web Application Data in compliance with all applicable laws. JCB India shall have the right to delete the Web Application Data at any time upon expiration of the retention period in compliance to applicable laws.
Permission is granted to the Customer to electronically copy and print in hard copy data from the Web Service for the sole purpose of using the Web Service as a resource in regard to the Equipment. Any other use of data on the Web Service, including reproduction for purposes other than those noted above, such as the modification, distribution or republication, without JCB India’s prior written consent is prohibited.
8.1 Term : This Agreement shall become effective immediately upon the purchase of Standard LiveLink Services(including initial subscription period) or Premium LiveLink Services (as applicable). This Agreement shall continue to be in full force during the Standard LiveLink Service Tenure /Premium LiveLink Service Tenure (as applicable) ("Term"), unless terminated in accordance with Clause 8.2 below or upon expiry of the Standard LiveLink Service Tenure and Premium LiveLink Service Tenure. Upon expiry of this Term, the Customer may renew the Agreement subject to acceptance of JCB India.
8.2 Termination : The occurrence of any of the events mentioned in this clause 8.2 shall constitute a material default and breach of this Agreement, and shall allow the non-defaulting party to terminate this Agreement and/ or the applicable Service subscription after the expiration of the applicable period of cure, if any. This Agreement may be terminated prior to the expiry of the Term, upon the occurrence of the following events:
8.3 Termination for Convenience by JCB India
JCB India shall have the right to terminate this Agreement and/ or any Services upon thirty (30) day notice to the Customer. Unless such termination is for the purpose of compliance with Applicable Laws, regulations, or court orders, upon such termination, JCB India may at its sole discretion reimburse the Customer a prorated portion of the Service fees Customer has paid to JCB India. Any such reimbursement shall be JCB India’s sole liability to the Customer for any such termination for convenience.
During the Term and for the period of three (3) years thereafter, the Customer shall:
i. disclosure such Confidential Information to its employees and consultants on a need to know basis and only in the course of fulfilling their scope of work; and
ii. not disclose such information to any third party, without prior written approval of JCB India.
1. To the extent permitted by Applicable Law, JCB India’s entire liability and Customer’s sole and exclusive remedies for any damages arising from the performance or non-performance under this Agreement related to the use of the Service shall be the remedies set forth herein. JCB India shall not be liable for any loss or damage arising from the Customer’s failure to comply with the provisions set forth in this Agreement. JCB India makes reasonable efforts to place accurate, current content on the Web Service. However, JCB India makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the content of the Web Service. Under no circumstances, including, but not limited to, negligence and gross negligence shall JCBI Limited be liable to Customer for all damages, losses and causes of action exceed the amount paid by the Customer, if any, for accessing the Web Service. In no event shall JCB India be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including without limitation damages for loss of user data or profits arising out of or in any way connected with the use or performance of the Web Service for interrupted communications delay lost data or lost profits arising out of or in connection with this agreement even if JCB India has been advised of the possibility of damages or inability to use the JCB India Web Service or related services the provision of or failure to provide services or for any information, software products, services and related graphics obtained through the Web Service or otherwise arising out of the use of the Web Service whether based on contract, tort, negligence, strict liability, or otherwise even if JCB India or any of the JCB Dealers have been advised of the possibility of damages. JCB India does not endorse in anyway any advertisers/ contents of advertisers on its webpages.
2. The Customer acknowledges and agrees that:
i. The service provided to JCB India by the Service Provider shall be available for use only with Equipments or other equipments approved by the Service Provider and only within the operating range of the Service Provider Wireless Carrier network which may not cover the jurisdiction of the Customer; and
ii. The service provided to JCB India by the Service Provider may be temporarily refused, interrupted, curtailed or otherwise limited because of Service Provider’s Wireless Network transmission limitations caused by any factor including atmospheric, environmental or topographical conditions, wireless carrier facilities limitations, changes, constraints, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the wireless carrier facilities. If JCB India or the Customer create situations that cause highly concentrated usage in limited areas on the Wireless Carrier network, such customer may encounter temporary capacity constraint related symptoms. In no event is the Service Provider liable to the Customer with respect to any claim or damage related to or arising out of or in connection with loss of data, inability to locate the machine or observe machine parameters or receive alerts, inability to login into website or any kind of malfunction of the system.
iii. While all reasonable efforts are made to ensure the accuracy of the data generated through Standard Livelink Services/Premium LiveLink Services, the data should be read subject to the limitations expressed in these terms and conditions. The data generated through Standard Livelink Services/Premium LiveLink Services including the fuel consumption report is subject to various factors like continuity of the wireless connection to the Livelink hardware which may be temporarily refused, interrupted, curtailed or otherwise limited because of service provider’s Wireless Network Transmission limitations caused by any factor set out above in (ii). The accuracy of data generated by Livelink may also be subject to other external factors like manner of use of the machine, operator’s actions, unwarranted or unauthorized modifications to the machines or Livelink TCU, any malfunction of components of machine & data processing or Livelink TCU, etc. In no event JCB India shall be liable to the Customer with respect to any claim or damage related to or arising out of or in connection with inaccurate data, loss of data, inability to locate the machine or observe variation in machine parameters or alerts, inability to login into website or any kind of malfunction of the system and any consequential impact including financial on account of the factors set out herein.
The warranty of the LiveLink TCU would run concurrent to standard machine warranty and does not include the period of Careplus, or any other service contracts/agreements.
Neither this Agreement, nor any rights, duties or interest herein, shall be assigned, transferred or sublicensed by Customer without JCB India’s prior written consent, not to be unreasonably withheld. Any such action shall be void and shall constitute a material default entitling JCB India to terminate this Agreement.
This Agreement and the relationship between the Parties hereto shall be governed by, and interpreted in accordance with the laws in India. The courts at New Delhi shall have the exclusive jurisdiction in relation to all matters arising out of this Agreement.
This Agreement and/ or the Web Service may be changed from time to time. The Customer agrees to be bound by such modified/ revised Agreement and understand and accept the importance of regularly reviewing these terms and conditions as updated by JCB India from time to time.
This Agreement and the written obligations entered into and undertaken in connection with the transactions contemplated hereunder shall be considered as valid and legally binding, enforceable in accordance with its respective terms.
Except for the payment of money‚ neither party shall be liable to the other for failure or delay in the performance of a required obligation if such failure or delay is caused by acts of God, natural disasters, strikes, war, acts of terrorism, civil disturbances, compliance with governmental laws or orders, or any other events which are beyond the reasonable control of such party, provided that such party gives prompt written notice of such condition and resumes its performance as soon as possible, and provided that the other party may terminate this Agreement if such condition continues for a period of sixty (60) days without demonstration by the non-performing party of the ability to resume performance of its obligations within a reasonable period.
The execution, delivery and performance of this Agreement do not:
i. require the consent of any third parties;
ii. conflict with or result in a violation, contravention or breach of any of the terms, conditions or provisions its constitutional documents, if any; and
iii. Violate or result in a breach under any agreement or Applicable Law or other legal requirement as applicable.
The Customer accepts and acknowledges receipt of this Agreement by performing any of the following: (a) purchase of the Equipment (b) activating or setting up the Web Service or using the Web Service account (c) accessing or making payments or changes to the account through the website.
For any queries please contact us at the dealership and for any further assistance you may call us on the Carelink number i.e. 1800-2000-522.
The Customer agree to indemnify and hold JCB India its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim, liability, losses or demands, including reasonable attorney’s fees, that arise from or relate to (i) the Customer access to the LiveLink platform/Web Services; (ii) Use of the Machine Data, (iii) the violation of these T&Cs by the Customer or (iv) the infringement of intellectual property rights of JCB India or any third party by the Customer; (v) breach of confidentiality obligations by the Customer.
Customer Name - ____________________________
JCB Dealer Name - ____________________________
Customer Signature - ____________________________
Machine Number - ____________________________
Contact Number - ____________________________
Email Id - ____________________________