Terms and Conditions

Terms and Conditions
Terms and Conditions 2018-10-22T05:40:28+00:00

FLEETIN SUBSCRIPTION TERMS AND CONDITIONS

Fleetin hereinafter referred to as the “Company” which expression shall, where the context permits include its successors-in-interest, permitted assignees and nominees) of the first part

 

AND

 

Subscriber which expression shall, where the context permits include its successors-in-interest, permitted assignees and nominees of the second part (hereinafter jointly referred to as “Parties”)

WHEREAS

  1. i) The Company is the exclusive owner of the website namely / domain “fleetin.co” (Website) designed, prepared, launched, controlled, managed and marketed by it for the purpose of business by providing business facilitation services software (Fleetin) access to the Subscribers through the website in helping them to manage and control their respective businesses in effective and efficient manner and the Company deals inter alia in the business of computer software programming and development as well as sale of IT related technical services and consultancies; and for the purposes of its business have full facilities, space, equipment and professional staff and the necessary permits and permissions under the law.
  2. ii) The Subscriber is a business concern and doing lawful business under the necessary permits and permissions according to the applicable laws and intends to manage and control its business using the business facilitation services software of the Company accessible through the Company’s website for his own benefit. The Subscriber represents that he will use the website and Company’s business facilitation services software on the website only for his permitted and lawful business.

NOW, THEREFORE, based upon the principles of mutual benefit, the parties to this Agreement agree, through negotiations, as follows;

  1. DEFINITIONS

In this Agreement, in addition to the definitions in the Recitals above and elsewhere, unless the context otherwise permits, the words set out below shall have the meanings assigned to them as follows:

  • “Agreement” means and include this Agreement between the parties along with its Schedules/Annexure, if any, forming an integral part hereof and the amendments as       may be made thereto from time to time.
  • “Business” means the business of Subscriber as mentioned in the Recitals.
  • “Customer” means the customer of Subscriber.
  • “Data” means the data put by Subscriber on the website and in the Company’s business facilitation services software on the website while using the software.
  • “Fee” means the requisite monthly subscription fee required to access Company’s business facilitation services software on the website.
  • “General Terms and Conditions” means the General Terms and Conditions for the use of the website mentioned at the Website.

 

  • “Subscription Date” means the date of subscription of Subscriber on which he got access on Company’s      website for use of Company’s business facilitation services software by creating his profile on the website     after payment of the requisite fee     for the purpose.
  • “Term of Agreement” means the period for which the subscriber has paid subscription fee to the Company.
  • “Terms and Conditions” means the terms and conditions of this agreement between the Parties and include the General Terms and Conditions as an integral part of the    terms and conditions of this agreement.
  1. OWNERSHIP RIGHTS

2.1       The Company shall have the exclusive right of ownership of the website and Company’s business facilitation services software. The Subscriber will have only the rights of use of the software on the website subject to the payment of the requisite fee to the Company. This Agreement shall not affect the title and ownership of the Subscriber regarding its business and similarly the Subscriber shall not be entitled to claim any title, ownership or partnership in any manner whatsoever it may be in the business of Company. The Parties shall be separate independent entities and shall not claim any kind of right over the business and properties of each other.

2.2       The website, Company’s business facilitation services software on the website, all the contents data shall be deemed as property of Company.

2.3       The Subscriber shall be deemed as exclusive owner of its business and its profits and loss, if any.

  1. RIGHTS, OBLIGATIONS, ROLE AND RESPONSIBILITIES OF COMPANY

3.1       The Company shall be responsible to maintain, update and keep active the website and Company’s business facilitation services software on the website for the use of Subscriber for the term of his subscription.

3.2       The Company shall be responsible for the rectification of any error (if any) in the website or Company’s business facilitation services software on the website for Subscriber to provide effective, efficient and proper use of Company’s business facilitation services software on the website.

3.3       The Company shall have right to use data for positive purposes and marketing with assurance that the data will not be misused in any manner. The company may also use the data for promotion of business of Subscriber and its own business.

3.4       The Company shall be entitled to block, suspend and refuse access of Company’s business facilitation services software on the website to Subscriber in case of misuse of the website or Company’s business facilitation services software on the website by Subscriber and on non-payment of subscription fee and the expiry of his subscription period.

3.5       The Company shall not be responsible for any loss, inconvenience or damages to Subscriber due to blockage, suspension or refusal of access of Company’s business facilitation services software on the website to Subscriber due to misuse of the website or Company’s business facilitation services software on the website by Subscriber or on the expiry of his subscription period. Subscriber shall not be entitled to claim any loss or damages against Company in such case.

3.6       The Company shall not block, suspend or refuse the access of Company’s business facilitation services software on the website to Subscriber without a notice of Ten Days to the Subscriber to this effect through email or SMS on Cell number provided by Subscriber in his Profile on the website and such notice to Subscriber shall be deemed proper and sufficient for the purpose.

3.7       The Company shall be responsible provide a soft copy of available data put by Subscriber on the website and in Company’s business facilitation services software on the website on his demand during the subscription period and till the lapse of three months period from the expiry of his subscription period only; thereafter Company may delete his data and Subscriber shall not be entitled to demand or claim for his data. Further Company shall not be responsible for any data loss or damage due to any technical error or any error at the part of Subscriber.

3.8       The Company shall not be responsible for any loss or damage to the business of Subscriber during the use or non-use of the website and Company’s business facilitation services software on the website in any manner.

3.9       The Company shall be entitled to fix fee for monthly and annual subscription packages and may increase or decrease the subscription fee at its will without consent and any interference of Subscriber. The company may also offer special subscription packages for subscription period of more than one-year period. However, Company will not increase the subscription fee before the Six Months period from the previously fixed subscription fee. In case Subscriber avails annual fee package or a fee package for more than one-year period and paid the subscription fee in advance they will avail the facility of same fee till the expiry of his paid fee package.

3.10     The Company will mention the Subscription Fee Schedule and Subscription Packages with their effective dates and Subscriber shall be responsible to pay the subscription fee in advance accordingly for the period for which he wishes to get the subscription. The Company will notify any change in Subscription Fee Schedule and Subscription on the website at least one month prior to their effective dates.

3.11     The Company shall be entitled to make amendments, additions, deletions, changes and improvements in the website contents, design and features as and when it thinks fit and necessary and also to make amendments, additions, deletions, changes and improvements in the contents, design and features of the Company’s business facilitation services software on the website as and when it thinks fit and necessary without the consent and interference of Subscriber.

3.12     On payment of subscription fee first time Company will create a Subscription Account of Subscriber on the website and provide him a Code for secure access to his Subscription Account and Company’s business facilitation services software on the website for its use for the subscription period according to the terms and conditions.

  1. RIGHTS, OBLIGATIONS, ROLE AND RESPONSIBILITIES OF SUBSCRIBER

4.1       The Subscriber shall be fully entitled and have full access to utilize the website and Company’s business facilitation services software on the website for his lawful business for his valid subscription period.

4.2       The Subscriber shall be responsible to pay the requisite subscription fee in advance on monthly or annual basis to Company for the regular use of Company’s business facilitation services software on the website. In case of monthly subscription, the fee shall be paid by the 10th day of the next month and for annual subscription next subscription fee shall be paid within 10 days from the expiry of the previous subscription fee.

4.3       The Subscriber shall have to get renewal of his subscription period before its expiry otherwise Company shall have right to suspend or block the subscription on the expiry of the subscription period. The Company will provide only 5 grace days to Subscriber and serve notice of expiry of subscription on Subscriber through email or SMS for renewal of subscription within ten days and thereafter access of Subscriber to Company’s business facilitation services software on the website will be suspended for a period of Three Months and Subscriber shall be entitled to get its subscription restored by payment of the requisite subscription fee. After the lapse of Three months period from expiry of subscription, the subscription of Subscriber will be blocked permanently and the Subscription Account of Subscriber will be deleted permanently.

4.5       In case the Subscriber intimates the Company during the period of his subscription before suspension of his subscription that he does not continue his subscription anymore, the Company will send a soft copy of his available data to him through his email mentioned in his profile on the website and close his Subscription Account permanently.

4.6       The Subscriber shall not be entitled and allowed to continue his Subscription Account once it is permanently blocked and deleted and he will not be entitled to demand and claim his data on the website and Company’s business facilitation services software on the website; however, Subscriber may open a new Subscription Account again on the payment of requisite subscription fee accordingly.

  1. MODE OF PAYMENTS OF SUBSCRIPTION FEE

The Company may describe different modes for the payment of subscription fee as it thinks convenient for it and will mention such modes on the Website.  The modes for the payment of subscription fee may include cash payment against receipts, bank transactions, online payments through credit cards etc.

  1. TERM OF AGREEMENT

The term of this Agreement will start from the date of opening of Subscription Account of Subscriber on the website and will continue till the permanently deletion and blockage of the Subscription Account according to the terms and conditions. The term of agreement will be deemed expired on the date the Subscription Account of Subscriber on the website will be permanently deleted and blocked. This agreement is not renewable; however, the Parties may enter into another such agreement with their consent for a new Subscription Account.

  1. APPLICABLE LAWS

This Agreement shall, in all respects, be read, construed and shall operate in conformity with all applicable Laws of Pakistan.

  1. TAXES

The Parties to this agreement shall be responsible to pay all applicable taxes and fees etc. of the government for their respective businesses. The Company shall not be responsible for any kind of taxes, fees, rates or charges for the business of Subscriber.

  1. FORCE MAJEURE

9.1       The term “Force Majeure as employed herein shall mean the acts of God, strikes, lock-out or other industrial disturbances, acts of public enemy, wars, blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods, washouts, civil disturbances, explosions and any other similar events, not within the control of either Party and which by the exercise of due diligence neither Party is able to overcome.

9.2       If either Party is temporarily unable by reason of Force Majeure or the Laws or regulations of Pakistan to meet any of its obligations under the Agreement, and if such Party gives to the other Party written notice, of the event within fifteen (15) days after its occurrence, such obligations of the Party, as it is unable to perform by reason of the event, the agreement shall be suspended for as long as the inability continues. Neither Party shall be liable to the other Party for loss or damage sustained by such other Party arising from any event referred to as Force Majeure or delays arising from such event. Force Majeure shall not include inability to perform due to lack of skills, expertise, and human resources, insufficiency of funds or failure to make any payment required under the Agreement.

  1. CONFIDENTIALITY

Both the Parties and their nominees, employees, agents or sub-contractors shall not, after the termination or expiry of this Agreement, use the confidential information without the written consent of other being obtained first. Confidential information shall be the information communicated to the other party with intimation that the same shall be treated as confidential; however, the data shall not be considered as confidential.