Terms & Conditions

Please read these terms of use (Terms) carefully before using the Website, mobile applications (App), and APIs. This App, Platform, or API is owned, registered, and operated by the Platform Owner (we, us and our). This Platform or API is a medium through which the Services of the Platform Owner shall be streamed directly to its Platform Users via an App or Website. This App, APIs, and the Website shall be together referred to as the Platform. By using this Platform, the Platform Users of the Website or App or any other application linked via Platform APIs, hereinafter referred to as User or you or your or yourself, registered user or guest user signify in your agreement to be bound by these Terms (Agreement).

By visiting our Platform, you engage in our Service and agree to the following terms and conditions (Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Note: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. BY ACCESSING OR USING ANY PART OF THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.

These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms & Conditions and other Platform Owner’s policies at any time by posting changes on the Platform, and you are required to update yourself of such changes, if any, by accessing the changes on the Platform on a regular basis. You shall, at all times, be responsible for regularly reviewing the Terms & Conditions and the other Platform Owner’s other associated policies and note the changes made on the Platform. Your continued usage of the services after any change is posted establishes your acceptance of the amended Terms & Conditions and other policies. As long as you comply with these Terms & Conditions, Platform Owner grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms & Conditions, you also accept and agree to be bound by the other terms and conditions and Platform Owner’s policies as may be posted on the Platform from time to time.

This document is an electronic record that is governed by all laws and regulations, including laws and regulations of the United States, the European Union, the European Economic Area, and their member states, and all other countries which are involved in the Processing of Personal Data under these Terms of Use. By clicking on the ‘send OTP’ button, you are consenting that you have read and understood the Terms of Use and agree to be bound by the Terms of Use. Your agreement to the Terms of Use shall operate as a binding agreement between you and the Platform Owner in respect of the usage and services of the Platform.

If you are preferring to avail of Services using the Platform, then you further warrant that you have the requisite legal competency and authority to enter into a binding agreement. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Platform’s services. If you are registering as a business entity, you represent that you have the authority to bind your entity or your organization to these Terms of Use. You agree to be financially responsible for all of your use of the Services (as well as for the use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, and credit card number, and that all the information submitted by you is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.

The Platform Owner aims to deliver platform services to run and manage your fleet operations with ease. Our end-to-end solutions ensure that we are with you at every step of the entire fleet management life cycle.

All the services that are provided in the Platform, are at the sole discretion of the Platform Owner, and you acknowledge and agree that Platform Owner can add or provide additional services not listed previously, or can remove/suspend/cancel any or all services/products without any notice or liability.

Platform Owner at all times reserves its right, but not an obligation, to audit the Content, User Content, features available on the Platform, or any other material or information posted/uploaded by the Platform User. If at any time, this is the sole discretion of the Platform Owner that any Content/User Content or any other material or Feature of the Platform is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then Platform Owner may either remove or edit or block such material without any notice. Though Platform Owner does not pre-screen the User Content, the Platform Owner and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via Platform.

Notwithstanding the above-said right, you acknowledge and understand that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Platform Owner are entirely responsible for all User Content that you have provided to Platform Owner to upload, post, transmit, or otherwise make available via the Platform. You further acknowledge and agree that this User Content does not necessarily reflect the views of the Platform Owner nor do we endorse any such User Content.

Further to this it is informed that we may share the information pertaining to such instance (with or without demand) with the Government agency for the purpose of verification of the identity of the User, or for prevention, detection, investigation, prosecution, and punishment. Therefore, it is advised to you that you should not involve in any such activities which violate any applicable law, rules, or regulation or breach the terms and conditions of this Agreement.

Platform User may take note that Platform Owner shall contact you and may send you the best offers and/or related communications including promotional offers on your given email address and may contact you on your other contact numbers. Therefore, by availing our Services you hereby provide your consent and allow us to communicate with you on the given contact information and share with you the promotional and other offers.

User Account shall mean the personal account created by the user on the Platform. In order to avail of the benefits of the Services provided by the Platform Owner, the Users must mandatorily register themselves on the Platform. Such Users and their details shall be verified by the Platform Owner through a detailed process. Every registered user shall allocate themselves a unique identification user name and password (User ID and Password).

If you use the Platform as a registered user, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current, and complete information about yourself as prompted by the registration form in the Platform. If you provide any information that is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to indefinitely suspend, terminate or block your access to the Services, the Platform and refuse to provide you with access to the Platform.

The Platform User may access their records relating to the Services at the Platform. You shall ensure that the Account Information provided by you in the Platform’s registered account is true, correct, complete, accurate, and up-to-date. Use of another User’s Account Information for availing the Services is expressly prohibited.

If You provide any information that is not correct, true, inaccurate, not current, or incomplete (or becomes not true, inaccurate, not current, or incomplete), or Platform Owner identifies and/or has reasonable grounds to suspect that such information is not true, inaccurate, not current or incomplete, we have the right to suspend or terminate Your account and refuse any and all current or future use of the Platform/Services (or any portion thereof). In case you prefer to avail and/or are provided access to specific services and/or offers, then the said services and/or offers shall be subject to the respective terms and conditions, notified from time to time at the sole discretion of the Platform Owner.

• The Platform may contain links to other websites (Linked Sites). Linked Sites are not under the control of the Platform Owner. We will not be responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The platform Owner is not responsible for any form of transmission received from any Linked Site.
• On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy, and other additional policies of the Linked Sites. You further acknowledge and agree that Platform Owner 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 the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

Platform Owner will not sell or rent your personally identifiable information to anyone. We will send/share personally identifiable information about you when: Platform Owner has consent to share the information, Platform Owner will need to share your information to provide the Service requested by you, Platform Owner responds to subpoenas, court orders, or legal processes. If we find that your action on the Platform violates our terms and conditions or any of your usage guidelines for specific Services or any laws prevailing in India and overseas, Platform Owner shall initiate appropriate legal proceedings by taking recourse to all remedies available to it in law and as per the Terms and other agreements.

• The Platform, the Services, and each portion thereof are provided AS IS without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, we disclaim all warranties, express or implied, with respect to the Platform, or the Services and each portion thereof, including, but not limited to, no infringement or other violation of intellectual property rights.
• We shall not be liable for any direct, indirect, incidental, or consequential damages, whatsoever incurred by the User due to the use of the Platform or the Services or due to the non-availability of the Platform or Services.
• We make no representation or warranty that the Platform shall:
  • Meet your requirements/ be accurate or reliable
  • Be uninterrupted, timely, secure, or error-free.
  Further, access to the Platform or the Services shall be contingent on Your internet accessibility and we shall not be held liable for any lack/ sporadic breaks in Your internet accessibility.
• We shall not be liable in the event any damage or loss occurs to your computer system, any other electronic device, or any data as a result of accessing the Platform or the Services.
• If you are dissatisfied or harmed by this Platform or anything related to the Platform, your sole remedy shall be to terminate these Terms of Use by closing your account.
• We shall be entitled to add, vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation, or amendment once such addition, variation, or amendment is incorporated into these terms and conditions, and such amended terms and conditions are on the Platform.

You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, Services obtained from the Platform- directly or indirectly in any medium. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Platform Owner will not be held liable for any delays, errors, or omissions therefrom, or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing.

The Platform User acknowledges that Platform Owner is, and shall be the sole owner of all Intellectual Property Rights and to any solutions and/or products that have been developed by the Platform Owner, so as to enable it to render Services to the Platform User. Any rights not expressly granted herein shall be retained by Platform Owner only. The Platform, including, but not limited to its graphics, logos, page headers, button icons, scripts, and service names constitute the trade dress of the Platform Owner. The trademarks, domain names, and trade dress of the Platform Owner shall not be used or reproduced without prior written approval from us, and may not be used in connection with any product or service that is not affiliated with us.

All content included in the Platform, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is/ are the sole property of the Platform Owner and protected under copyright laws and regulations.

You may use the Platform content for personal and non-commercial purposes in accordance with the principles governing intellectual property laws. Any other use or modification of the content of the Platform without the prior written authorization of the Platform Owner is expressly prohibited.

You warrant to Platform Owner that you will not use the Platform for any purpose that is unlawful, illegal, or prohibited by these Terms. You shall not use the Platform in any manner, which could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You shall not obtain or attempt to obtain any materials through any means not intentionally made available or provided for through the Platform.

Indemnity: You agree to indemnify, defend and hold harmless the Platform Owner and its subsidiaries, affiliates, vendors, agents, and their respective directors, officers, employees, contractors, and agents (hereinafter individually and collectively referred to as Indemnified Parties) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with:-

• Your breach of the Agreement(s)
• Any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform
• Any claim that any Content / User Content / Third Party Content, information, or materials provided by you caused damage to a third party
• Your violation of any rights of another, including any intellectual property rights

Platform Owner assumes no liability whatsoever for any monetary or other damage suffered by You on account of:

• The delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Platform
• Any interruption or errors in the operation of the Platform

Notwithstanding anything to contrary in the Agreement(s), in no event shall Platform Owner, its subsidiaries or affiliates, and their respective officers, directors, employees, partners, or suppliers be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Platform Owner has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform, Services, Content, User Content or Third Party Content?

The entire and aggregate liability of Platform Owner towards You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred Only (INR 100/-) or the number of fees, if any, paid by you to Platform Owner under the relevant order to which the cause of action for the liability relates.

The Platform Owner does not assume any obligation to monitor the information that Users post / may post on the Platform. You warrant that any and all information, projects, files, or other attachments sent to us (User Material) or comments other than personal data, which you may transmit to the Platform Owner through the Platform and does not infringe intellectual property rights or any other applicable laws. Such information, material, or comments, will be treated as non-confidential and non-proprietary. By submitting any information or material, you give us an unlimited and irrevocable license to use, execute, show, modify, and transmit such information, material, or comments, including any underlying idea, concept, or know-how. We reserve the right to use such information, in any way in its sole discretion.

The Platform Owner does not assume any obligation to monitor the information that Users post / may post on the Platform. You warrant that any and all information, projects, files, or other attachments sent to us (‘User Material’) or comments other than personal data, which you may transmit to the Platform Owner through the Platform and does not infringe intellectual property rights or any other applicable laws. Such information, material, or comments, will be treated as non-confidential and non-proprietary. By submitting any information or material, you give us an unlimited and irrevocable license to use, execute, show, modify, and transmit such information, material, or comments, including any underlying idea, concept, or know-how. We reserve the right to use such information, in any way in its sole discretion.

Platform Owner does not intend to or have displayed and/ or used any language, which hurt the sentiments of any person nor intend to or have displayed anything, which would have or deemed to be defamatory in nature. If you feel any language or display is derogatory then You may contact us and write to our Grievance Officer. Nevertheless, Platform Owner does not own any kind of claim of such nature in case any such query is raised against the Platform and we reserve all rights to defend ourselves against any such claims.

You may write to Platform Owner for any issues arising out of the usage of the Platform the Grievance Officer and Platform Owner shall make all efforts to support you to resolve the same. However, Platform Owner does not own any responsibility for any such issues and in case of any dispute arising out of the same by you against us then the same shall be referred to an Arbitrational Tribunal consisting of a Sole Arbitrator to be appointed by Platform Owner and whose decision shall be final and binding. The venue of arbitration shall be New Delhi and the language shall be English. By using the Platform, you provide consent for this clause as well.

In case of any dispute, this Agreement shall be governed by the laws of India. By using the Platform, you hereby consent to the exclusive jurisdiction and venue of courts in New Delhi, India, irrespective of your point of access to the Platform. Use of Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation to this paragraph.

For any grievances related to the Terms and Conditions for Use of Platform please contact:

Grievance email address:
support@exohivedigital.com

Note:

• Please include the following subject line in the email – Attention: Grievance Officer
• We will strive to address your feedback and concerns in a timely and effective manner.