TERMS AND CONDITIONS
By using this website, the user agrees to comply with and be bound by the following terms and conditions (“T&C”) of use. It is advised that the user reads the following terms and conditions carefully before proceeding further. The term “WinStrata”, “us” “our” or “ours” refers to the WinStrata Software Solutions Private Limited, a Company incorporated under the Companies Act, 1956. The term “eFleetAdmin®” refers to the product that is owned and maintained by WinStrata. The term “you” refers to the user/ viewer of the product “eFleetAdmin®”. The contents of this website and the webpages are for the purpose of the user/viewer’s general information only. If the user/viewer disagrees with any of the terms and conditions set forth herewith, the user/viewer is at will to not continue using the product.
- This T&C may be amended at any time by posting the amended terms and conditions on the website and the same may or may not be published as notices on the homepage with reference(s) to the same. It is recommended that the user/viewer read the terms of this T&C prior to availing these services and thereafter regularly review any changes. If the user/viewer does not wish to be bound by these terms and conditions, it is advised that the user/viewer does not continue to use the services of eFleetAdmin® offered herein and not subscribe to the website.
II.     Third Party Content
- The content. Organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the product are protected under applicable laws such as Copyrights Act, Trademarks Act, and other proprietary rights owned by WinStrata.
- “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the eFleetAdmin® application owned and maintained by WinStrata. The terms of this T&C apply without bar to all the users of the product, including users who are also contributors of Content on the product.
- “Intellectual Property” includes ideas, concepts, creations, discoveries, domain names, inventions, improvements, know how, trade or business secrets; patents, copyright (including all copyright in any designs and any moral rights), trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, algorithms, works of authorship, electronic codes, proprietary techniques and other confidential and proprietary information, past, present and future; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments. It includes (i) all rights, title and interest under any statute or under common law including in any Intellectual Property or any similar rights, anywhere in the world, whether negotiable or not and whether register able or not, (ii) any licenses, permissions and grants in any of the foregoing; (iii) applications for any of the foregoing and the right to apply for them in any part of the world and (iv) all extensions and renewals thereto.
- In accessing this website, the user/viewer agrees that the user/viewer will access the content solely for their personal and non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without prior consent of the copyright holder. This excludes the downloading/copying and/or printing of the pages of the website for personal, non-commercial home use only.
- The user/viewer shall not replicate or adapt the data or contents of this website to create a similar or confusing website for their own use. The user/viewer shall be prohibited from using the data or contents of this website for any purpose. If a user/viewer is guilty of doing so, appropriate action shall be initiated by WinStrata.
III.   Legal Compliance
The user/viewer agrees to comply with all applicable domestic laws, international laws, statutes, ordinances and regulations regarding the use of the website, the content and materials provided therein.
IV.   No warranties, exclusion of liability, indemnification
- The website is operated and offers services on an “as is”, “as available” basis, and the same is devoid of representations or warranties of any kind. WinStrata absolutely and unconditionally disclaims warranties and conditions of all and any kind, to the fullest extent as permitted by law which may arise during the usage of eFleetAdmin® application. This disclaimer inclusively encompasses such warranties and conditions for contracts and services entered into, availed or purchased from it.
- The use or access of the website of the eFleetAdmin® application shall be at your the personal risk of the User and WinStrata stands absolved of any liability or responsibility of all kinds in matters of the content of the videos uploaded on the website, contracts or services offered herein, damage caused to your system, data etc. or any other direct, indirect, punitive or special damage that is incidental, consequential or collateral to the use or access of the website, or, delay or any inability thereof in the use or access of the website, contracts or services related, irrespective of the same being premised on contract, tort, or any other capacity. In no event shall there be any liability of WinStrata for any damage claim, exceed the amount paid by you, to the service provider for the transaction giving rise to such damage claim.
- The website does not warrant the accuracy, reliability, comprehensiveness, utility or current social relevance of the contents herein nor does it place guarantees of any kind in matters relating to any services or contracts offered through the website. The publishing of the videos does not make a representation that the applicability or use of its contents is appropriate for all jurisdictions.All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
V.   Governing Law
These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. WinStrata’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire T&C between WinStrata and the user/viewer, regarding the product,eFleetAdmin®, and supersede and replace any prior T&Cs that might have between the parties stated hereinabove regarding the provision of services.
VI.   Dispute Resolution
- This T&C is governed by the laws of Republic of India without reference to its conflicts of law rules. The Parties agree that exclusive jurisdiction over and venue in any legal proceeding arising out of or relating to this T&C or the relationship shall be brought before the courts at Bangalore.
- In the event of any dispute or differences arising at any time between the Parties hereto as to the construction, meaning or effect of this T&C or any clause or thing contained herein or the rights, duties, liabilities and obligations of the Parties hereto or breach thereof, the parties shall in good faith endeavor to resolve the dispute by mutual discussion.
- In the event, the parties are unable to do so, the matter will be settled by arbitration subject to the provision of the Arbitration and Conciliation Act, 1996 and as amended from time to time. The Parties agree shall mutually endeavor to appoint a sole arbitrator, within a period of Thirty (30) days upon being called upon to do so. In the event, the Parties fail to appoint a single arbitrator, by mutual T&C, each Party will appoint one arbitrator and the two arbitrators so appointed will appoint a third arbitrator to whom the dispute will be referred for resolution. The arbitration proceedings shall be in English and held in Bangalore and in accordance with the Arbitration and Conciliation Act, 1996 and as amended from time to time.
- Entire T&C - This T&C constitutes the entire T&C and understanding of the Parties, and supersedes any previous T&C or understanding between the Parties, relating to the subject matter of this T&C.
- Assignment - Either Party understands and acknowledges that it shall not assign or otherwise transfer its rights or obligations under the T&C, in whole or in part, to any other third party without the prior written consent of the other Party.
- Renewal / Modification / Alteration of T&C - This T&C may be renewed, modified and altered upon mutual written consent of the concerned Parties.
- Relationship - Each Party acknowledges and at all times agrees to act for the limited and exclusive purpose of the T&C. The Licensor - WinStrata and Licensee – User, are independent parties.
- Waiver – Without prejudice to what is stated in this T&C, the failure to exercise or delay in exercising a right or remedy under this T&C shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies.
- Authorized Representative - The parties agree that except where expressly permitted or otherwise required for effective conduct of business, they shall deal with the other only through the designated officers/representatives, duly intimated to each other.
- Notices - Any notice, request or other communication required to be given under this T&C shall be served personally or mailed to the other party by registered post, addressed to the parties at their respective addresses set out at the beginning, or at any other address that each party shall provide to the other in writing. Any notice served personally shall be considered given at the time of service. Any notice given by registered post shall be deemed to have been received within five days after the date of posting as shown on the post office receipt.
- Counterparts - This T&C may be executed in any number of counterparts, each of which, when executed and delivered, is an original, but all the counterparts taken together shall constitute one document.
- WinStrata may remove Customer Data or any other data, information, or content of data or files used, stored, processed or otherwise, by the users. WinStrata, in its sole discretion, shall remove content or data if it believes to be or is:
- The user agrees that he/she is not responsible for maintaining and protecting backups of Customer Data directly or indirectly processed using the usage of the website. Additionally,the website of eFleetAdmin® applicationis not responsible for exportation of, the failure to store, the loss, or the corruption of Customer Data. eFleetAdmin® website provides Software As A Service (SAAS) model where the customer will have to pay a monthly subscription towards support and maintenance of eFleetAdmin® or the customer may host in their own server, where Annual Management charges will be paid by the customer to the website of eFleetAdmin® towards supporting their server, charges as applicable from time to time.
- The Customer agrees that the website of eFleetAdmin® will process configuration, performance, usage, and consumption data about the website Users to assist with the necessary operation and function of the Services and Software and to improve the product and website.
- Each party shall comply with its respective obligations under applicable data protection laws. Each party shall maintain appropriate administrative, physical, technical and organizational measures that ensure an appropriate level of security for Confidential Information and Personal Data.
- The customer is responsible for ensuring that the security of services is appropriate for the intended use and the storage, hosting, or processing of personal data.
- There shall be a 48-hours data backup facility for the eFleetAdmin® application. In the event, the backup facility of the application fails, the same shall be rectified within 24 hours of the said failure.
i.   a Virus;
ii.   illegal, libelous, abusive, threatening, harmful, vulgar, pornographic, or obscene;
iii.  used for the purpose of spamming, chain letters, or dissemination of objectionable material;
iv.   used to cause offense, defame or harass; or
v.   infringing the intellectual property rights or any other rights of any third party.