ClicknTrack ,
Technologies & Security Services
Introduction
Please read these terms of use (“Terms”) carefully before using the "Website", mobile applications
("App") and APIs. This App, Platform or APIs are owned, registered and operated by “Platform
Owner” ("we", "us" "our"). This Platform or API is a medium through which Services of Platform
Owner shall be streamed directly to its Platform Users via 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.
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
Amendments
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 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.
Disclaimer
This document is an electronic record which is governed by all laws and regulations, including laws
and regulations of the United States, 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 '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 Platform
Owner in respect of the usage and services of the Platform.
Eligibility / Authorized Use
If you are preferring to avail 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 organisation
to these Terms of Use. You agree to be financially responsible for all of your use of the Services
(as well as for 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, 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.
Services
The Platform Owner aims to deliver a 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 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.
Audit
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 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, yet that
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, are the sole responsibility of the person from which
such User Content originated. This means that you, and not Platform Owner is entirely responsible
for all User Content that you have provided to Platform Owner to upload, post, transmit or otherwise
make it available via the Platform. You further acknowledge and agree that these User Content
does not necessarily reflect the views of Platform Owner nor 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 Government agency for the purpose of verification of identity of 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, regulation
or breach the terms and conditions of this Agreement.
Electronic Communication
Platform User may take a note of that Platform Owner shall contact you and may send you 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.
General
You agree that no joint venture, partnership, employment, or agency relationship exists between
You and Platform Owner as a result of these Terms. Our performance of these Terms is subject
to existing laws and legal process, and nothing contained in these Terms is in derogation of
Platform Owner’s right to comply with governmental, court and other applicable laws.
If any part of these Terms is determined to be invalid or un-enforceable pursuant to applicable law
(including, but not limited to, the warranty disclaimers and liability limitations set forth herein), then
such invalid or un-enforceable provision shall be superseded by a provision that most closely
matches the intent of the original provision, and the remainder of these Terms shall continue in
effect.
You may access and use the Platform and the Services either as a registered user or as a guest
user. However, not all sections of the Platform and Services will be accessible to guest users of
Platform User.
Your Account and Registration Obligations
User Account
“User Account” shall mean the personal account created by the user on the Platform.
In order to avail the benefits of the Services provided by Platform Owner, the Users must
mandatorily register themselves on the Platform. Such Users and their details shall be verified by
the Platform Owner by 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 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 an 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 Platform Owner.
Links to Third-Party Websites
• 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. 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 such 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
Information Sharing and Disclosure
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 process. 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.
Limitation and Disclaimer of Warranty
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 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 (i) meet your requirements/
be accurate or reliable; (ii) be uninterrupted, timely, secure or error-free. Further, access
to the Platform or the Services shall be contingent to 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, or
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 with the Platform, your
sole remedy shall be to terminate these Terms of Use by closing your account.
• We shall be entitled to disclose to the Authority, as required by Applicable Law or by any
directive or request from any government body, the particulars of the User engaged with
the Platform.
• We shall be entitled to add, to 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.
Intellectual Property
ou 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
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 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 the us.
Copyrights
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 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 Platform Owner is expressly prohibited.
No Unlawful or Prohibited Use
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.
Indemnification and Limitation of Liability
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 (herein after 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.
Limitation of Liability: 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 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 amount of fees, if any, paid by you to Platform Owner under the relevant order to
which the cause of action for the liability relates
User Comments
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.
Modifications of These Terms of Use
Platform Owner reserves the right to change the terms, conditions, and notices under which the
Platform has offered, including but not limited to the charges associated with the use of the
Platform. You are responsible for regularly reviewing these terms and conditions.
Language and Display
Platform Owner do 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 as derogatory then You may contact
us and write to our Grievance Officer. Nevertheless, Platform Owner do 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 itself against any such claims.
Dispute Resolution & Governing Laws
You may write to Platform Owner for any issues arising out of the usage of the Platform to
Grievance Officer and Platform Owner shall make all efforts to support you to resolve the same.
However, Platform Owner do 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 San Francisco, California, USA and
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 State of California, USA.
By using the Platform, you hereby consent to the exclusive jurisdiction and venue of courts in State
of California, USA, 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.
Grievance Redressal
For any grievances related to Terms and Conditions for Use of Platform please contact us.
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.
for Use of Platform