TERMS AND CONDITIONS
Please read the following terms and conditions (T&C’s) carefully before registering on, accessing, browsing, downloading or using the Fleetcabin (hereinafter referred to as “App” or “Application”) and https://www.fleetcabin.com (hereinafter referred to as ”Website” ) (Website and App are collectively referred to as the Paltform) owned , run by MAV Group having its registered office at ______________________________ (hereinafter collectively “Company”, "we", "us", "our", Fleetcabin) on any device and/or before availing any services offered by Company (“Services” or “Fleetcabin service(s)”). For avoidance of doubt, it is clarified that these terms and conditions shall apply to all Services provided on the Platform by Company.
Please read the Terms carefully before accessing or using the information and services available through this Platform, you indicate, agree and acknowledge that you understand, agree and consent to this Terms and conditions and to the collection and use of information in accordance with this Terms.
If you do not agree with (or cannot comply with) Agreements, please kindly refrain from using this Website. These Terms apply to all users who wish to access or use Service.
These Terms may be modified from time to time without notice to you and you should therefore regularly review these Terms for any such modifications. If you do not agree to any change to the Terms then you must immediately stop using the Platform.
By continuing to access or use our Platform and the Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform and the Service.
Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age, an User of the or beneficiary of the Services and the Company. Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Company grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use Platform and/or avail the Services solely for your business purposes or for Fleet operation and management purposes.
THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT ("USER") AND COMPANY. BY REGISTERING FOR OR USING THE SERVICES, (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
As used in this Agreement, the following terms have the following meanings:
“Confidential Information" means information relating to us, to the Services or customers that is not known to the general public including, but not limited to, any information identifying or unique to specific users; reports, insights, and other information about the Services, data derived from the Services except for data (other than customers personal data) arising from the services provided to customers comprising of products or services sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Services. For the purposes of this Agreement, customer personal data constitutes Confidential Information at all times.
"Intellectual Property Rights" means any patent, copyright, Trademark, moral right, trade secret right or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.
"Law(s)" means any law, ordinance, rule, regulation, order, license, permit, judgment, decision or other requirement, now or hereafter in effect, of any governmental authority of competent jurisdiction.
"Service" means each of the services that Company makes available on its Platform;
"Trademark" means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia or other source or business identifier, protected or protectable under applicable Laws.
“User” shall mean any individual including but not limited to the employees of the fleet owners or any entity who are being given access to the Platform by the Company to assist the fleet owners in listing, operating, tracking and management of the fleet services through the Platform.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
Anyone who intends to access and use the Services provided on the Platform shall submit the details to Company, after receiving the details if the User is eligible for the intended Services, Company shall issue login credentials to the User. Wherein the User and the employees of the User shall have access to the Services they have availed. It is the User’s responsibility to ensure that all information that they, or someone else on their behalf, have provided to Company is complete and accurate.
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your username, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Agreement, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene
User is obliged to inform Company immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their User account. Company is entitled to reject Users without giving reasons. Any changes to User’s data should be promptly updated correctly in its account. If the mobile phone number or e-mail address provided by You to Company is transferred/surrendered/deactivated due to any reason, it shall be your responsibility to contact Company and have the number/email address duly updated in Company records before it is transferred/surrendered/deactivated. In case of any failure to have the update request duly raised with Company, Company shall not be liable for any misuse of Your account.
In order to avail the Services You shall provide accurate and complete information for each of the Vehicles including Plate number, Vehicle brand, model number, insurance details, Mulkiya for the cars listed and made available on the Platform and promptly update such information as necessary to ensure that supply and customer requirements are at all times maintained accurately.
Although the Company will be providing yearly subscriptions but other transactions, price and any other commercial terms and any other related services shall be as per the contractual obligations and as agreed between You and the Company or your employer and the Company
By accessing or using the Platform or by availing Services, You agree not to:
- violate the T&Cs;
- impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information;
- infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
- use the Company Services in contravention of any applicable law;
- post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
- post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
- refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Company;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Company Services and the Platform or features that enforce limitations on the use of the Services or the Platform;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Company Services or Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
- use the Services or the Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services or the Platform in an automated manner;
- modify, adapt, translate or create derivative works based upon the Services and the Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
- intentionally interfere with or damage operation of the Services or the Platform or any other User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
- use any robot, spider, other automatic device, or manual process to monitor or copy the Platform without prior written permission;
- interfere or disrupt the Platform or networks connected to the Platform;
- use the facilities and capabilities of the Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
- breach this Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
- provide false, inaccurate or misleading information;
- use the Platform to collect or obtain personal information, including without limitation, financial information, about other Users of the Platform, except and only as expressly provided in the T&Cs;
You confirm that you shall take precaution in keeping safe the Company’s Confidential Information and Confidential information of the end users to which you may gain access while using the Platform. You shall ensure to take above reasonable precautions in ensuring that your user id and password are kept safe and further ensure that there is no breach of Confidentiality. Any breach of Confidential Information including breach of any customer personal data shall be taken very seriously and the Company reserves its rights to claim damages and simultaneously initiate appropriate criminal proceedings if deemed necessary.
You agree to indemnify, save, and hold Company , its affiliates, employees, officers, directors, harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Services or of the Platform; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company, including rights to settle, and You agree to cooperate with Company’s defense and settlement of these claims. Company will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other Users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform in the event of, including but not limited to, the following:
We may at any time, at our sole discretion, reinstate suspended your Account. A User that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a User is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Service or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
EXCLUSION OF WARRANTIES
You expressly understand and agree that your use of Services is at your sole risk and that the Services are provided on an “as is” and “as available” basis. In particular, Company, its parent company, subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
The information or Contents provided on the Platform will be accurate, complete and updated;
- Your use of the Services will meet your requirements;
- Your use of the Services will be uninterrupted, timely, secure or free from error;
- Any information obtained by you as a result of your use of the Services will be accurate or reliable, and
- That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
- Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage. No advice or information, whether oral or written, obtained by you from Company or from the use of Services shall create any warranty not expressly stated in the terms. Company further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION OF LIABILITY
In no event shall company, its parent company, subsidiaries and affiliates and its licensors be liable for any special, incidental, indirect, punitive, reliance, exemplary or consequential damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) of any kind arising out of or relating to (i) this Agreement; (ii) the Company Services, the Platform or any reference app/service; or (iii) Your use or inability to use the Services, the Platform (including any and all materials) or any reference app/service, even if Company or a Company authorized representative has been advised of the possibility of such damages. In no event, Company, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Services, the Platform or any app/service; or (iii) Your use or inability to use the services, the Platform (including any and all materials) or any reference app/service; or (iv) any other interactions with Company, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You. In connection with the terms of service, even if company has been informed in advance of the possibility of such damages. You are required to inform the company immediately upon incurring any direct damages due to use of the Platform.
MODIFICATION OF THIS AGREEMENT
Company reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Platform, availing the Services. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Services/ Platform. For certain changes, Company may be required under applicable law to give You advance notice, and Company will comply with such requirements. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the changes.
The failure of Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Company.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
These Terms and Conditions shall be governed, interpreted, and construed in accordance with the laws of United Arab Emirates. Any claim relating to Platform shall be governed by the laws of the United Arab Emirates without regard to its conflict of law provisions thereof and shall be subject to the exclusive jurisdiction of the Courts in Dubai.
Company may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Company must be sent by courier or registered mail to ____________________________________.
In case of any technical issues, please raise a support ticket from your service dashboard or by raising a request at ___________. You can also contact us on __________ .