Legal information - Terms of use

List of definitions

Product

Any Webfleet Product sold to you.

Terms and Conditions

The General Webfleet Terms and Conditions as found at https://www.webfleet.com/en_gb/webfleet/legal/terms/.

Terms of Use

These Terms of Use Webfleet Websites.

Third Party Material

Content, software codes, data, information, functionality, other content and algorithms licensed or otherwise made available by others than Webfleet.

Webfleet Content

All information, text, files, scripts, graphics, photos, sounds, music, videos, interactive features, function­al­ities or other similar materials, made available by Webfleet.

Webfleet Websites

All websites made available by Webfleet, which are accessible by you without prior registration or logging in, such as https://www.webfleet.com.

User

Any user of a Webfleet Website.

1. Scope

Find out when our Terms of Use apply and what they cover.

These Terms of Use apply to the use of Webfleet Websites and contain your rights, obligations and restrictions when using Webfleet Websites.

By continuing to use this Webfleet Website you accept and are bound by all these Terms of Use and any amendments and additions to it.

Webfleet may change these Terms of Use at any time with or without prior notice, effective upon its posting on the Webfleet Websites. Please check the Webfleet Websites regularly. Your continued use of the Webfleet Websites shall be considered your acceptance to the revised Terms.

2. General Remarks

This section provides information of a general nature helping you better understand the purpose of these Terms of Use.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING Webfleet WEBSITES.

The Webfleet Websites are sites operated by TT Telematics USA Inc. if you reside in the US or Canada, or Bridgestone Mobility Solutions B.V. if you reside elsewhere.

If you reside in the U.S. or Canada, these Terms of Use are entered into between you and TT Telematics USA Inc., a Delaware corporation having its place of business at 100 Summit Drive, Burlington, MA 01803, USA,; otherwise these Terms of Use are entered into between you and Bridgestone Mobility Solutions B.V. a private company with limited liability, having its corporate seat in Amsterdam, its registered address at Beeth­oven­straat 503, 1083 HK Amsterdam, the Netherlands and registered in the trade register of the Chamber of Commerce in The Netherlands under number 61185787, and holding the VAT number NL 8542.44.797.B01. (in either case Webfleet).

By accessing or using a Webfleet Website, you acknowledge that you have read, understand and agree to be bound by these Terms of Use, and the applicable law, regardless of whether you have a registered account with Webfleet or not.

If you do not agree to these Terms of Use, please do not use the Webfleet Websites. Additional terms, including the Terms and Conditions https://www.webfleet.com/en_gb/webfleet/legal/terms/ may apply to a purchase of a Webfleet product and/or service and you may be requested to explicitly accept such additional terms. Such additional terms may be in addition to these Terms of Use or, to the extent they are inconsistent with the content or intent of these Terms of Use, such additional terms will supersede these Terms of Use.

You agree that any notice, agreement, disclosure or other communication that Webfleet sends you electron­ically when you use the Webfleet Website will satisfy any legal communication requirements.

Although care has been taken to ensure the accuracy of the information on the Webfleet Websites, Webfleet assumes no respons­ib­ility therefor. These Webfleet Websites and the Webfleet Content are provided ‘as is’ and ‘as available’. We may update the Webfleet Websites from time to time, and may change the Webfleet Content at any time. The Webfleet Websites may contain references to specific Webfleet Content that may not be available or shall not become available at any time in a particular country. Please contact our local repres­ent­ative for further information.

3. Use Restrictions

Consult these conditions to understand how you may lawfully use the Webfleet Websites.

You may use the Webfleet Websites and the Webfleet Content only for lawful purposes. You agree not to change or delete any ownership notices from materials downloaded, printed or otherwise obtained via the Webfleet Websites. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any content available through the Webfleet Websites.

You may not: (i) modify, alter, edit, merge or otherwise change the search results from the format or order in which they are delivered to you via the Webfleet Websites, including, modifying, altering, editing, or otherwise changing any trademarks which are displayed as part of the search results; (ii) combine, co-mingle or merge the search results with any other search services results including Google Local Search; (iii) on-sell, commercialize, syndicate or otherwise derive any revenue, either directly or indirectly, or permit any third party to derive revenue from the search results; (iv) undertake any action which would prevent, hinder, distort or otherwise interfere with Webfleet’ ability to calculate any advertising revenues generated from the search results.

You agree not to use the Webfleet Websites in any manner that might interfere with the rights of third parties.

You agree not to use any data mining, robots, scraping (including screen-scraping) or similar data gathering methods. You agree not to take any action that might compromise the security of the Webfleet Websites, render the Webfleet Websites inaccessible to others or otherwise damage the Webfleet Websites or the Webfleet Content.

Webfleet reserves the right to suspend or terminate your access to the Webfleet Websites if Webfleet believes - in its sole discretion - you have violated these Terms of Use.

4. Intellectual Property

Find out how the content from the Webfleet Websites is protected under copyright laws. For more detailed information on IP, please consult the Intellectual Property section.

All intellectual property in and to the Webfleet Websites is owned by Webfleet, its affiliates and its licensors, which includes (without limitation) materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Webfleet name and the two-hand logo) are owned, registered and/or licensed by Webfleet N.V. and its affiliates. All content on the Webfleet Websites is a collective work under the United States and/or the Netherlands and other copyright laws and is the proprietary property of Webfleet. All rights are reserved. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

5. Privacy and Cookies

Our privacy policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on the Webfleet Websites and the use of cookies. If you want to read more about how Webfleet deals with information relating to you and the use of cookies by Webfleet, please have a look at Webfleet' privacy policy at our website https://www.webfleet.com/en_gb/webfleet/legal/gener­al-data-­pro­tec­tion-reg­u­lation/.

6. Third Party Websites

The Webfleet Websites may contain links to third party websites, solely for your convenience. Webfleet does not endorse, monitor or have any control over these third party websites, which have separate terms of use and privacy policies. If you use these links, you will leave our website. Webfleet is not responsible for the content or policies of third party websites and you access such third party websites at your own risk.

7. Mobile Services and Access

If the Webfleet Websites contain features that are available to certain mobile devices or via connection through such a mobile device (e.g. tethering) you acknowledge and agree that your carrier's rates and fees apply, including in some cases, additional tethering fees. Not all mobile services will work with all carriers or Products.

8. Indem­ni­fic­ation

You agree to indemnify, defend, and hold harmless Webfleet, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of the Webfleet Websites, your conduct in connection with the Webfleet Websites or with other Users, or any violation of these Terms of Use, any law or the rights of any third party.

9. Warranty Disclaimer

Your attention is particularly drawn to this section. Consult this section to find out to what extent Webfleet is responsible for the operation of the Webfleet Websites and for the Webfleet Content found there.

The Webfleet Websites, including the Webfleet Content and Third Party Material found on these Webfleet Websites are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, Webfleet disclaims all warranties, express or implied, as to the operation of the Webfleet Websites and as to the Webfleet Content.

Webfleet does not warrant or make any repres­ent­a­tions as to the security of the Webfleet Websites. You acknowledge any information sent may be intercepted by unauthorised third parties and Webfleet cannot guarantee and does not promise any specific results from use of the Webfleet Websites. Webfleet does not represent or warrant that the Webfleet Websites will be uninterrupted or error-free, that any defects will be corrected, or that the Webfleet Websites or the server that makes the Webfleet Websites available are free of viruses or anything else harmful.

To the fullest extent permitted by law, Webfleet does not make any warranties or repres­ent­a­tions regarding the use of the Webfleet Content on the Webfleet Websites in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Webfleet Content at your own risk, and that you will be solely responsible for your use and any damage to your device via which you access the Webfleet Websites, loss of data or other harm of any kind that may result. Webfleet reserves the right to change any and all Webfleet Content and other items used or contained in the Webfleet Websites at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

10. Limitation of Liability

Consult this section to find out under which type of circumstances Webfleet is liable to you for damages caused by the Webfleet Websites and Webfleet Content. This section does not affect your rights under the applicable mandatory national legislation.

Nothing in these Terms of Use excludes or limits Webfleet' liability for death or personal injury arising from negligence, or fraud or fraudulent misrep­res­ent­ation, or in respect of the implied warranties in sections 12 to 15 of the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or your legal rights in respect of defective products or products which are not as described or for or any other liability that cannot be excluded or limited by applicable law.

Subject to the above, to the maximum extent permitted by applicable law, neither Webfleet nor its affiliates, suppliers and/or subcon­tractors shall be liable to you or any third party for any direct, special, incidental, indirect or consequential damages, including for any lost profits, loss of business, business interruption, damages whether in contract, tort (including negligence), breach of statutory duty or otherwise arising under or in connection with:

• The use of or the inability to access the Webfleet Websites;
• Use of or reliance on any Webfleet Content displayed on the Webfleet Websites;
• lost data or information, or the like that result from the access of, the use of, or the inability to access or use the Webfleet Websites including the Webfleet Content; or
• The conduct of other Users (whether online or offline) or attendance at a Webfleet event.

Even if Webfleet has been advised of the possibility of such damages. You assume total respons­ib­ility for your use of the Webfleet Websites and the Webfleet Content. Your only remedy against Webfleet for use of the Webfleet Websites is to stop using the Webfleet Websites.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other techno­lo­gically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Webfleet Websites or to your downloading of any Webfleet Content or on any website linked to it.

That said, if Webfleet is found to be liable to you for any damage or loss which is in any way connected with your (inability to) access and/or use the Webfleet Websites, Webfleet' aggregate liability under the Webfleet Websites for any one or more claims shall not exceed US$350.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any Product(s) to you, which will be set out in our Terms and Conditions: https://www.webfleet.com/en_gb/webfleet/legal/terms/.

11. Applicable Law and Competent Court

If you are a resident of the U.S. or Canada, you agree that these Terms of Use and the Webfleet Content are governed in all respects by the laws of the State of New York, USA without regard to its choice of law provisions and that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Terms of Use or the Webfleet Content shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New York City, New York, USA.

If you reside outside of the U.S. or Canada, all disputes, claims and legal proceedings directly or indirectly arising out of the Terms of Use or the Webfleet Content shall be subject to Dutch law, without regard to any conflicts of law principles that would result in the application of the law of any other jurisdiction and shall be exclusively settled by the courts of Amsterdam, The Netherlands. The 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply to the Webfleet Websites or these Terms of Use and is hereby expressly disclaimed.

12. Miscellaneous

Except as prohibited by applicable law, any cause of action or claim you may have with respect to the Webfleet Websites must be commenced within one (1) year after the claim or cause of action arises.

Webfleet' failure to insist upon or enforce strict performance of any of the Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of the Terms of Use. Webfleet may assign its rights and delegate its duties under the Terms of Use to any party at any time without notice to you.

13. Severability

If any provision in the Terms of Use is held invalid, the remainder shall continue to be enforceable. If any provision in the Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable and the remaining provisions are still valid and enforceable.

14. Questions or Remarks

Should you have any questions, suggestions, complaints or remarks concerning the Webfleet Websites or these Terms of Use, or if you desire to contact Webfleet for any reason, please do so by email via https://www.webfleet.com/en_gb/webfleet/support/.