Fleetx
Terms of Service
These Terms and Conditions ("Terms") describe the terms under which Fleetx Technologies Private Limited ("Fleetx" or "Service Provider") provides its services to any of its clients ("Client"). The Client and Service Provider shall hereinafter jointly be referred to as the "Parties" and severally as the "Party". The Client is expected to have read and understood these Terms before entering into a service agreement with Fleetx by filling the Fleetx Order Form ("Order Form"). By availing the services of Fleetx, the Client is deemed to have accepted these Terms as amended from time to time. By accessing the website at http://fleetx.io, you are agreeing to be bound by these terms of services, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you don’t agree with any of these terms, you are prohibited from using this site. The materials contained in this website are protected by applicable copyright and trademark law.
● 1.2. "Affiliate(s)" means any individual, corporation, partnership, trustee of a trust, or other business organization or association of persons directly or indirectly Controlling, Controlled by, or under common Control of a Party; "Control" shall mean and include a sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.
● 1.3. "Confidential Information " means all the information, but not limited to the contents, terms, and conditions as mentioned in these Terms under 'Non-Disclosure Terms' in Section III, of the owner which is disclosed to the Recipient pursuant to the business arrangement whether oral or written and shall include but is not limited to trade secrets, know-how, inventions, techniques, processes, plans, algorithms, software programs, source code, semiconductor designs, schematic designs, business methods, customer lists, contacts, financial information, sales and marketing plans and business information of the owner.
● 1.4. "Materials" means including without limitation, documents, drawings, models, apparatus, sketches, designs and lists furnished to the Recipient by the owner and any tangible embodiments of the owner's Confidential Information created by the Recipient.
● 1.5. Material "Specifications" shall mean any specifications relating to Material as specified in these Terms or in the Order Form or agreed between the Client and the Service Provider in writing through any medium whether electronic or otherwise, including specifications regarding any time within which Material have to be provided.
● 1.6. "Person" shall mean and include any individual, legal entity, company, body corporate, partnership firm, association of persons, limited liability partnership or proprietorship, whether incorporated or not.
● 1.7. "Swapping" shall mean if the device is removed from one vehicle and installed in another vehicle. If the device which needs to be swapped is on rent, then a different device may be installed in another vehicle by the Service Provider. If device is owned by the Client and it needs to be shipped to a different city then the device installation may be carried out by the Service provider, however, the Client shall be responsible and accountable for the shipment of device and the shipment charges. Number of swaps = Number of vehicles involved/2.
● 2.2 Data accessibility shall be up to 1 year on Service Provider's Platform and additional 1 year on request.
● 2.3. List of vehicles is mandatory if multiple device type (FMB/OBD/Etc.) need to be installed.
● 2.4. If the SIM Material is used for any purpose other than GPS, then the Service Provider shall take timely action and the Client shall be charged as per usage.
● 2.5. The turn-around time in case of reinstallation/removal shall be up to 48 to 72 hours on Key-Location. However, the turn-around time for non-key location(s) may vary depending on availability of technicians on such location. In case of reinstallation / removal / new-installation, Client’s POC (Point of Contact) must inform the Service Provider at least 24 hours in advance by creating a ticket on Service Provider's portal. The turn-around time for issues other than reinstallation/removal may vary based on the criticality of the said issues.
● 2.6. Any modifications to the Specifications will be subjected to the Change Request process set forth below.
● 2.7. The Client shall provide a change request ("Change Request") in writing specifying any modifications to the Specifications in Purchase Order / Work Order. Such change request shall be made by the Client to the Service Provider within 48 to 72 hours hours from the date of placing Purchase Order / Work Order and the Service Provider shall incorporate the same into the deliverables. The Client shall inform the Service Provider about any such modification to the Purchase Order / Work Order either by way of email, certified letter, or via other mode of communication. The Service Provider will submit to the Client a written response to such Change Request confirming its understanding on the request and accepting the same. If the Service Provider does not so provide a written response the Change Request will be deemed to be rejected. The turn-around time for the change request(s) may vary upon its criticality.
● 2.8. Client shall be required to inform the Service Provider in case the device is not working properly only via email or ticketing system immediately upon taking note of the same. Repair will be done within 72 hours after raising the repair request. If the Client fails to raise any such request, the Service Provider shall not be liable for any default or defect in the device.
Informations Collected by Fleetx’s Mobile applications -
● We collect precise or approximate location data from field service engineers if they enable us to do so via providing consent.
● This data is used by Fleetx: Field Service Engineer app to calculate duty wise KMs travelled depending upon the start and end location of the duty, schedule and assign duty.
● Fleetx: Driver | EPOD app collects this data only when the app is used as the app based tracking mode. The app is running in the foreground (app open and on-screen) as well as in the background (app open but not on-screen) of their mobile device.
● We collect precise or approximate location data from Driver mobile devices if they enable us to do so via providing consent.
● This data is used by Fleetx: Driver|EPOD to Get Real-time and historical vehicle location history. Get Trip/Client/SLA/Route info. & file EPOD / Trip Expenses.
● 1.2. "Confidential Information " means all the information of the owner which is disclosed to the Recipient pursuant to the business arrangement whether oral or written and shall include but is not limited to trade secrets, know-how, inventions, techniques, processes, plans, algorithms, software programs, source code, semiconductor designs, schematic designs, business methods, customer lists, contacts, financial information, sales and marketing plans and business information of the owner, disclosed directly or indirectly and in any form whatsoever (including, but not limited to, disclosure made in writing, oral or in the form of samples, models, computer programs, drawings or other instruments) furnished by the owner of such information ("Owner") to the recipient of such information ("Recipient"). under these Terms. "Confidential Information" does not include information that:
● (a) was already known to the Recipient at the time of disclosure;
● (b) is or becomes publicly available or is in the public domain without a breach of these Terms;
● (c) is approved for release by a prior written authorization of the Disclosing Part;
● (d) any information required to be disclosed under any applicable Law; and
● (e) is independently developed by the Recipient without the utilisation of Confidential Information provided by the Owner.
● 1.3. 'Contemplated Agreement' means any future legally binding Agreement between the Parties in respect of the Project envisaged under these Terms.
● 1.4. "Governmental Authority" means any governmental, statutory, departmental, or public body or authority, including courts of competent jurisdiction.
● 1.5. "Law" means any statute, notification, bye law, rule and regulation, directive, guideline, ordinance, order or instruction having the force of law enacted or issued by any Governmental Authority, whether in effect as of the date of these Terms or thereafter and shall include Laws in any territorial jurisdiction as may be applicable.
● 1.6. "Materials" means including without limitation, documents, drawings, models, apparatus, sketches, designs, and lists furnished to the Recipient by the owner and any tangible embodiments of the owner's Confidential Information created by the Recipient.
● 1.7. "Person" shall mean any individual, company, firm, association, trust or any other organization or entity, including any governmental or political subdivision, ministry, department, or agency thereof.
● 1.8. "Representative(s)" includes the directors, employees, agents, or legal, financial and other advisers of the Recipient having a "need to know" the Confidential Information for the purpose of the Proposed Transaction.
● 2.2. Unless otherwise agreed to in writing by the Owner, the Recipient undertakes to utilize the Confidential Information only for the purposes related to the Proposed Transaction. The Recipient agrees that it shall not or cause its respective Representatives and Affiliates to use the Confidential Information to obtain a commercial advantage for itself/themselves.
● 2.3. The Recipient shall keep and shall cause its respective Representatives and Affiliates to keep the Confidential Information in utmost confidence and shall not for a period of three (3) years from the date of disclosure disclose, publish, make commercial or other use of, part with, or give or sell to any Person the Confidential Information including its intended use.
● 2.4. In the event that the Recipient is requested or required by any Governmental Authority) to disclose any Confidential Information, the Recipient shall not disclose such Confidential Information unless prior notice to the Owner has been given.
● a. the Confidential Information of the owner is at the time of disclosure, part of the public domain, except by breach of the provisions of these Terms; or
● b. the Confidential Information of the owner is required to be disclosed by a government agency to further the objectives of these Terms or by a proper court of competent jurisdiction; provided however that the Recipient will use its best efforts to minimize the disclosure of such information and will consult with and assist the owner in obtaining a protective order prior to such disclosure.
● 6.2. In addition to any undertaking in any clause in the Agreement, the Recipient shall be liable for:
● (a) any loss, theft or other inadvertent disclosure of Confidential Information, and
● (b) any unauthorized disclosure of Confidential Information by persons (including, but not limited to, present and former employees) or entities to whom the Recipient under these Terms has the right to disclose Confidential Information, except where, the Recipient has used the same degree of care in safeguarding such Confidential Information as it uses for its own Confidential Information of like importance and in no event less than a reasonable degree of care; and upon becoming aware of such inadvertent 1or unauthorized disclosure the Recipient has promptly notified the Owner thereof and taken all reasonable measures to mitigate the effects of such disclosure and to prevent further disclosure.
● 6.3. The Recipient understands and agrees that:
● (a) any information known only to a few people to whom it might be of commercial interest and not generally known to the public is not public knowledge;
● (b) a combination of two or more parts of the Confidential Information is not public knowledge merely because each part is separately available to the public.
● 6.4. The Recipient acknowledges the technical, commercial and strategic value of the Confidential Information to the Owner and understands that unauthorized disclosure of such Confidential Information will be injurious to the Owner.
● 8.2. The Recipient agrees and acknowledges that any disclosure, misappropriation, conversion or dishonest use of the said Confidential Information shall, in addition to the remedies mentioned above, make the Recipient criminally liable for Breach of Trust under section 405 of the Indian Penal Code and a penalty for breach of confidentiality and privacy shall be imposed as per Section 72 in The Information Technology Act, 2000.
● 11.2. All samples, models, computer programs, drawings, documents, and other instruments furnished hereunder and containing Confidential Information shall remain the Owner’s property. ● 11.3. At any time upon request from the Owner or upon the conclusion of the Purpose or expiry of these Terms, the Recipient, at its own cost, will return or procure the return, promptly and in any event within 14 days of receipt of such request, of each and every copy of Confidential Information given by the Owner, and satisfy the Owner that it no longer holds any further Confidential Information