Thank you for your interest in the FleetGenie application for your mobile device (the “App”) provided to you by BPCL. (“FleetGenie” “us” or “we”), and our web site (the “Site”), as well as all related web-based platforms, web sites, networks, downloadable software, and other services provided by us and on which a link to this End User License Agreement and Terms of Service is displayed (collectively, together with the App and Site, our “Service”). This End User License Agreement and Terms of Service (this “Agreement”), and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Service. This Agreement is a legally binding contract between you and FleetGenie regarding your use of the Service. You may request a copy of this agreement by emailing us at support@FleetGenie.in.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.
As provided in greater detail in this Agreement (and without limiting the express language of the Agreement below), you agree and acknowledge that the Agreement includes the following material terms:
1. Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to this Agreement, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree to be bound by this Agreement on behalf of such organization.
2. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@FleetGenie.in.
3. Scope of License. The App is licensed, not sold, to you for use only under the terms of this license. FleetGenie reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this Agreement, FleetGenie hereby grants you a personal, limited, revocable, non-transferable license to use the App on a single compatible device that you own or control, solely for your own use. You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or any content available through the App. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this Agreement will govern any updates provided to you by FleetGenie that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. Your Use of the Service and the Content. Your rights to use the Service are expressly conditioned on the following:
1. You agree and understand that the Service, including any Content therein, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
2. Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization;
3. You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
4. You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
5. You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission;
6. You agree not to decipher, reverse engineer, decompile or disassemble the Service or the Content, or the software used to provide the Service or the Content, in whole or in part, or authorize, direct, or cause a third party to do so;
7. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the Content, or any portion thereof, unless and solely to the extent FleetGenie makes available the means for embedding any part of the Service or the Content;
8. You agree not to access, tamper with, or use non-public areas of the Service, FleetGenie’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of FleetGenie’s providers;
9. You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that FleetGenie is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service.
10. You agree that your use of the App may incur third party fees, such as fees charged by your Carrier for data usage, and may be subject to third party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms;
5. Freight Payment Solution: For the purpose of convenience to customers, Fleetgenie has extended Razor pay platform as an option feature available to shippers to make payment to fleet owners. BPCL is not liable for any incorrect fund transfers to fleet owners if the bank account details registered with Fleetgenie of the fleet owner are incorrect. Fleet owners are fully responsible to maintain correct bank a/c data in fleetgenie and get it updated if there are any changes
6. Fleet owner. If you are using the Service as a commercial truck supplier, Owner of commercial trucks, agent or broker (collectively, “Fleet owner”), you also agree to the additional terms in this section 13:
7. “Withholding taxes: The Shipper is liable to deduct tax and other levies as per applicable regulations. Using any payment platform provided by BPCL does not relieve the shipper on any such obligation.
8. Shippers and Carriers. If you are using the Service as a commercial shipper, carrier, agent or broker (collectively, “Shippers”), you also agree to the additional terms in this section 13:
1. You agree not to ship and track through our Service contraband, stolen products, products that are illegal to transport via freight, or any other products we consider inappropriate;
2. The Service does not provide transportation services, and the Service is not a transportation carrier. It is up to the third party transportation provider, driver or vehicle operator to offer transportation services which may be scheduled through use of the Service. The Service offers information and a method to obtain such third party transportation services but does not and does not intend to provide transportation services in any way as a transportation carrier.
9. Feedback. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending FleetGenie or our employees any ideas for products, services, features, modifications, enhancements, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, computer code, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to FleetGenie, you agree that:
1. FleetGenie has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
2. Feedback is provided on a non-confidential basis, and FleetGenie is not under any obligation to keep any Feedback you send confidential or to refrain from using it in any way;
3. You irrevocably grant FleetGenie and its successors and assigns perpetual and unlimited permission to use, reproduce, modify, and distribute, display, and perform Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody Feedback whether in whole or in part, and whether as provided or as modified.
10. Ownership. The Service, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of BPCL and its licensors, provided that your User Content, and your intellectual property rights therein, remain your property. Except for the limited license expressly granted by and to you under this Agreement, no other rights, licenses, or immunities are granted or shall be deemed to be granted under this Agreement, either expressly, or by implication. All rights not expressly granted by FleetGenie hereunder are expressly reserved.
11. Termination. The Agreement is effective until terminated by you or FleetGenie. Your rights under this license will terminate automatically without notice from FleetGenie if you fail to comply with any term(s) of this Agreement (including by violating any license restriction provided herein). In addition, FleetGenie may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate this Agreement at any time by uninstalling the App and ceasing use of the Service. Upon any termination of the Agreement, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the App.
12. Indemnity. You agree to defend, indemnify, and hold FleetGenie, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (i) your User Content, (ii) your access, use, or misuse of the Service or the Content, or (iii) your violation of this Agreement.
13. No warranty. You expressly acknowledge and agree that your use of the service, including your reliance on any announcement that is transmitted or received on or through the service, is at your sole risk. Without limiting the foregoing, and to the maximum extent permitted by applicable law, the service, including all materials and content available through the service, are provided "as is" and “as available”, and FleetGenie hereby disclaims, on behalf of itself and its suppliers and licensors, all warranties and conditions with respect to the service, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, title, and non-infringement of third party rights. FleetGenie does not warrant against interference with your enjoyment of the service, that the functions contained in or services performed or provided by the service will meet your requirements that the operation of the service will be uninterrupted or error-free, or that defects in the service will be corrected. FleetGenie disclaims any warranties relating to the accuracy of the maps, content, road conditions, driving directions, or navigation routes presented or displayed in or by the service. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you, but in such a case the foregoing shall be applied to the greatest extent enforceable under applicable law.
14. Third party disputes. FleetGenie is not affiliated with any carrier, service provider, or advertiser, and any dispute you have with any carrier, service provider, advertiser, or other third party, including without limitation any other user of the FleetGenie service, is directly between you and such third party, and you irrevocably release FleetGenie (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
15. Modification of this Agreement. We reserve the right, at our discretion, to modify this Agreement on a going-forward basis at any time, with or without prior notice, and such changes will be effective in accordance with the following. In the case of material changes to this Agreement, FleetGenie will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. The modifications to the Agreement will be effective upon the earlier of (i) your first use of the Service with actual notice of such change, or (ii) 30 days from posting of such change. Your use of the Service following the date that any such change becomes effective constitutes your agreement to be bound by the modified Agreement. If you do not agree to the modified Agreement, your sole and exclusive remedy is to terminate your account and you may no longer use the Service. Disputes arising under this Agreement will be resolved in accordance with the version of the Agreement that was in effect at the time the dispute arose.
17. Contacting FleetGenie. You can contact FleetGenie. by email at support@FleetGenie.in.
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