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_us/webfleet/legal/terms/.

Terms of Use

These Terms of Use for Webfleet Websites.

Third-Party Material

Content, software code, data, information, function­ality, other content and algorithms, licensed or otherwise made available by parties 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 that 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 will be considered your acceptance of the revised Terms.

2. General Remarks

This section provides information of a general nature to help 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 within the U.S. or Canada, or Webfleet Inter­na­tional BV if you reside elsewhere.

If you reside within the U.S. or Canada, these Terms of Use are entered into between you and TT Telematics USA Inc., a Delaware corporation with its place of business at 100 Summit Drive, Burlington, MA 01803, USA; otherwise these Terms of Use are entered into between you and Webfleet B.V., a private limit­ed-li­a­bility company, with 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 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 applicable law, regardless of whether or not you have a registered account with Webfleet.

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_us/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, 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 for any such information. 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 will 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 displayed as part of the search results; (ii) combine, comingle, or merge the search results with any other search services results including Google Local Search; (iii) 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 that 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 intel­lectual property, please consult the Intel­lectual Property section.

All intel­lectual property in and belonging 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 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.

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

We ask that you pay partic­u­larly close attention 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 unautho­rized 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 free of errors, 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 of such content and any damage to the device you use to 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 applicable mandatory national legislation.

Nothing in these Terms of Use excludes or limits Webfleet' liability for death or personal injury arising from negligence, fraud, or fraudulent misrep­re­sen­tation, or with regard to 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 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;
• loss of data, information, etc. that results 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 that 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_us/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 resorting 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 initiated 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 deemed 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 Comments

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