These Terms of Service (the “Terms”) are a binding legal agreement between you and/or the entity on whose behalf you act and eClerx Services Ltd. (“eClerx” or “we”), regarding your use of our website (www.fleet-star.com) and our services.
By using our Fleet Star tool(s) (hereinafter referred to as “Services”), you agree to be bound by the guidelines, terms, and agreements applicable to usage of such Services (“Policies”). All such Policies are incorporated by reference into these Terms of Service. If these Terms are inconsistent with any Policy, the terms in the Policy will prevail. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to these Terms of Service.
eClerx reserves the right to modify or amend these Terms of Service and the Policies, without notice to you. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.fleet-star.com/Terms.
If you do not agree to any provision of these Terms or the Policies, including the Privacy Policy set out at http://www.fleet-star.com/PrivacyPolicy.html, you must not use the Service.
The Services include Fleet Star web application & Android, iOS mobile applications. We may from time to time, add features that augment or enhance the Services, upon prior written notice to you as agreed upon in the agreement. Further, eClerx reserves the right to discontinue any or all features of the Services at any time, however for any material changes which may affect the scope of services agreed upon with you, advance written notice shall be provided to you. Neither we nor our affiliates or contractors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service, in whole or part. You are responsible for obtaining all equipment, software, and connectivity, and making all other arrangements necessary for you to have access to the website and use the Service.
The Services are not intended for those under the age of 18. You must be 18 years of age or older to use the Service. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms.
If you are accessing our website or Services on behalf of a corporate or in your capacity as an employee, agent, direct, officer, member, partner, or representative of a corporate, you must identify the entity you represent, and you represent and warrant that you have the authority to accept these Terms of Service on behalf the corporate. You may be required to provide proof of registration/organization under the applicable laws for the corporate you represent. You represent and warrant that such information you submit is true and accurate.
Further, the Service is being offered to corporates in India only so the Service is offered to you based on the underlying assumption that you are based in India.
Use of the Service is void where prohibited.
You must register to use the Services. When you register, you agree to (a) provide accurate, current and complete information about you and/or the entity you represent as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at contact@fleet-star.com. We shall not be liable for any loss or damage from your failure to comply with this security obligation.
If you register as an individual, you may not use the Services for the benefit of any other person or any other corporates,
You will not: (a) use the Service for any commercial purpose, unless expressly authorized by eClerx; (b) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) deep-link to any portion of the Service for any purpose without our express written permission; (f) “frame”, “mirror,” or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (g) violate any applicable local, state, national, or international law or regulation.
It is clearly provided that eClerx is not providing any kind of assurance or insurance under its tool and corporates are expected to conduct and complete their own due diligence while deploying transport services for its employees. No claims would lie against the Company for whatsoever reasons unless the same is solely attributable to acts and deeds done by eClerx.
By using any Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:
We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding material that you post on the Service in accordance with these Terms) (collectively “Feedback”), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use your Feedback for any purpose without compensation or attribution to you.
The website, mobile applications and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and the Service are owned by eClerx, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website,
Fleet Star, the domain www.fleet-star.com, the logo, and any other product or service name or slogan contained on the Service are trademarks / registered trademarks of eClerx and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
The Service may contain links to Web pages, data feeds from third-party providers, and other content of third parties (“Third-Party Content“) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.
You understand that we cannot and do not guarantee or warrant that by accessing the site and downloading the site from the Internet or the Website, the same will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICE OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND THE SERVICE IS AT YOUR OWN RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, ECLERX DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ECLERX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will defend, indemnify and hold harmless eClerx, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER eClerx NOR ITS AFFILIATES, SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF eClerx OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT.
THE MAXIMUM TOTAL LIABILITY OF eClerx AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE HIGHER OF: (1) TOTAL FEE (EXCLUDING TAXES) PAID BY YOU TO ECLERX FOR THREE MONTHS ONLY, AND (2) TWO THOUSAND FIVE HUNDRED INDIAN RUPEES (OR ITS CURRENCY EQUIVALENT). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES.
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of India.
Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the Indian Arbitration Act. The arbitration will be conducted in Mumbai, India and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Indian law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
These Terms, including all Policies, constitute the entire agreement between you and eClerx concerning the Service. These Terms supersede all prior agreements or communications between you and eClerx regarding the subject matter of these Terms.
If you have any questions or concerns about the Service, or these Terms, you may contact eClerx via e-mail to contact@fleet-star.com.