We would like to congratulate you on your decision to join “Nexar’s Pro Plan” (the “Plan”).
These terms and conditions (the “T&C”) shall apply to all purchases of goods and services made by you from Nexar, Inc. and its subsidiaries and affiliates (hereinafter referred to collectively as “Nexar”) as part of the Plan. These T&C shall become a binding contract between you and Nexar upon your confirmation by signing below.
Under the Plan you will also be provided with Nexar’s mobile application (“Nexar App”) which includes ongoing loop recording, collision avoidance, smart cloud storage for select video segments and collision reconstruction reports upon demand (the “Services”).
During a period of 1 month(s) beginning as of the date set forth below, Nexar will provide you the Services free of charge. Following such trial period Nexar will charge you a monthly subscription fee of $8.99 in consideration for the Services provided to you.
As a member of the Plan you may be entitled to receive certain discounts and/or other benefits from your Insurance Company subject to your ongoing/continuous fulfillment of certain conditions dictated by the Insurance Company (for example only, the completion of 100 hours of driving using Nexar’s mobile application and Dashcam in accordance with Nexar’s guidelines).
Nexar encourages you to contact your Insurance Company and apply for such potential benefits, to the extent made available by the Insurance Company.
It is hereby clarified that Nexar does not undertake or warrant that any such benefits are or will be made available and/or will be provided to you by your Insurance Company. Nexar shall be under no obligation of any kind to provide you with any benefits or services other than the Services to be provided under these T&C as explicitly set forth above.
RETURNS AND TERMINATION
You may return the Dashcam within the 30-day period following the date of its receipt and Nexar will refund you with the full Dashcam charge, provided however that the Dashcam is returned to Nexar in its original condition.
Each party reserves the right, at any time and for any reason whatsoever, to terminate these T&C and its engagement with the other party by providing such other party with a written notice. Following such termination Nexar shall not be obligated to provide you with the Services and you will not be charged for any additional Services following the termination date.
It is hereby clarified that termination of the Services, by any party and for any reason, will not entitle you to any refund with respect to the Dashcam charge, other than as explicitly set-forth above.
Following the completion of the registration process and your approval of these Terms and Conditions (this "T&C") your credit card will be charged with $79 + tax (the "Payment") and Nexar will mail you a HaloCam dashboard camera (the “Dashcam”) to the address specified in in the checkout form.
In the event the Dashcam shall be lost, stolen or suffer damages caused by an irregular and/or unreasonable use you are required to purchase a new Dashcam from Nexar in order to continue to receive the Services under the Plan.
Nexar hereby provides you with a one (1) year warranty for the Dashcam, such warranty period commencing as of the date set forth below. In the event of any defect or malfunction in the Dashcam occurring during such warranty period, which defect or malfunction were not caused due to unreasonable use (by act or omission) of the Daschcam by you or anyone on your behalf, Nexar will repair or replace the malfunctioned item.
You hereby acknowledge and agree that the Services are provided on an "as is" basis, and no condition, warranty or representation, express or implied, is given or shall be given by Nexar as to the results or performance obtained or to be obtained from the Services or your use thereof.
In no event shall Nexar be responsible for any expense or damage caused as a result of your use of the Services and/or the Dashcam, or the failure of the Nexar App in any manner.
In no event will Nexar be liable toward you for any indirect, incidental, special, exemplary or consequential damages arising out of the engagement under these T&C, even if such Nexar has been advised of the possibility of such damages.
You hereby allow Nexar to use any recordings and data (of any kind) collected by the Nexar App, as well as to share such recordings and data with third parties who have a legitimate business use for this data, including, but not limited to, on-demand transit companies and app-based dispatchers, and including insurance companies; in each case, for any purpose as Nexar or such third party may deem fit.
You acknowledge that you do not expect any privacy with regards to any information stored, downloaded or transmitted through the Nexar App. Nexar is allowed to process, review and share any such information with third parties for any purpose it deems fit.
You hereby agree to abide by the Nexar App Terms and Conditions, located at https://www.getnexar.com/tos/.
Any notices with respect to these T&C or your engagement with Nexar shall be transmitted via email to the following contact details: firstname.lastname@example.org
These T&C will be interpreted and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any dispute arising out of these T&C shall be commenced in the State of New York, county of New York.