FleetPanel Terms of Service

Date Last Revised: June 25, 2018

This Terms of Use Agreement is prepared and entered into in the English language only, whose language shall be controlling in all respects. Any translation of this Terms of Use Agreement into any other language are for reference only and shall have no legal or other effect.

Acceptance

By accessing this web site (fleetpanel.com), you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

You may not use the Services and you may not accept this Agreement if you are not of a legal age to form a binding contract with FleetPanel.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.

Privacy Statement

Our privacy statement is a part of this Terms and Conditions.

This policy explains how FleetPanel treats your personal information when you access fleetpanel.com and use the Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

Take a look at FleetPanel Privacy Policy.

Use of the Services

FleetPanel grants you the right to access and use the Services via the Website with the particular services and roles available according to your subscription plan. This right is non-exclusive, non-transferable, and limited by and subject to these Terms of Service.

By inviting a user, you take full responsibility for access or data granted to the user.

You agree that FleetPanel may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant FleetPanel a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free licence to use the feedback you provide to FleetPanel in any way. FleetPanel will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

Use With Your Mobile Device

Use of Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

FLEETPANEL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

Account, Password and Security

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login e-mail address, allows you to access the Services.

You will receive (or choose) a password upon completing the registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify FleetPanel of any unauthorized use of your account or any other breach of security, and (b) ensure that you fully exit from your account at the end of each session. FleetPanel will not be liable (to you or any third party) for any loss or damage arising from or related to the unauthorized use of your account.

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.

Indemnity

You agree to indemnify and hold FleetPanel, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to any Content you transmit through the Services, your use of the Services, your connection to the Services, your violation of the Terms and Conditions, or your violation of any rights of another.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

Technical Support

You understand that FleetPanel does not provide any technical support as part of the Services.

Modifications to Services

FleetPanel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that FleetPanel shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

You further agree that FleetPanel shall not be liable to you or to any third party for any temporary or permanent loss of data.

Termination

You agree that FleetPanel, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason or no reason. FleetPanel may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.

You agree that any termination of your access to the Services under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that FleetPanel may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that FleetPanel shall not be liable to you or any third party for any termination of your access to the Services.

Advertisers and Third Party Links

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FleetPanel shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

Because FleetPanel has no control over third-party sites and resources to which FleetPanel may provide links (including advertiser sites), you acknowledge and agree that FleetPanel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FleetPanel 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 site or resource.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLEETPANEL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND QUIET ENJOYMENT.

(b) FLEETPANEL MAKES NO WARRANTY (AND ASSUMES NO OBLIGATION) THAT (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (iv) ANY SOFTWARE DOWNLOADED TO A MOBILE DEVICE, OR ANY INFORMATION READ FROM OR WRITTEN TO A MOBILE DEVICE, WILL NOT ADVERSELY AFFECT THE PERFORMANCE, OPERATION, WARRANTY OR ANY OTHER ASPECT OF THE DEVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLEETPANEL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, IN NO EVENT SHALL FLEETPANEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FLEETPANEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) LOSS OR DELETION OF ANY OF YOUR DATA OR CONTENT (iv) STATEMENTS, CONDUCT, OR CONTENT OF ANY THIRD PARTY ON THE SERVICE OR THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FLEETPANEL FOR ANY CLAIM UNDER THESE TERMS AND CONDITIONS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID US TO USE THE SERVICES.

IN ALL CASES, FLEETPANEL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.