Terms Of Service
By using our services, you are agreeing to these
terms. Please read them carefully.
Introduction
By visiting transovative.com and accessing the information, resources,
services, products, devices, and tools we provide, you understand and agree to
accept and adhere to the following terms and conditions as stated in this
policy. If you do not agree to be bound by these Terms of Use in their
entirety, you may not access or use the Service.
Modification Of
Terms Of Use
We reserve the right to change this
User Agreement from time to time without notice. You acknowledge and agree that
it is your responsibility to review this User Agreement periodically to
familiarize yourself with any modifications. Your continued use of this site
after such modifications will constitute acknowledgment and agreement of the
modified terms and conditions.
You shall be updated of any
modifications in the terms and conditions and privacy policy via email as
provided by you. We do not offer physical mail deliveries of such notices and
are not responsible for unread email notices.
Rules For User
Conduct And Use Of The Service
By visiting transovative.com and accessing the information, resources,
services, products, devices, and tools we provide for you, either directly or
indirectly, you agree to use these Resources only for the purposes intended as
permitted by the terms of this User Agreement, and applicable laws, regulations
and generally accepted online practices or guidelines. You agree that failure
to adhere to any of these conditions constitutes a material breach of these
Terms.
§ In
order to access our Resources, you may be required to provide certain
information about yourself as part of the registration process, or as part of
your ability to use the Resources. You agree that any information you provide
will always be accurate, correct, and up to date and won’t provide false or
inaccurate information when registering an account.
§ You
are responsible for maintaining the confidentiality of any login information
associated with any account you use to access our Resources. Accordingly, you
are responsible for all activities that occur under your account(s).
§ The
users you add or invite on our system may work with other clients, and we are
not responsible for any loss incurred as a result of such activity.
§ Accessing
any of our Resources by any means other than through the means we provide, is
strictly prohibited. You specifically agree not to access any of our Resources
through any automated, unethical or unconventional means.
§ Engaging
in any activity that disrupts or interferes with our Resources, including the
servers and/or networks to which our Resources are located or connected, is
strictly prohibited.
§ Attempting
to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly
prohibited.
§ You
are solely responsible for any consequences, losses, or damages that we may
directly or indirectly incur or suffer due to any unauthorized activities
conducted by you, as explained above, and may incur criminal or civil
liability.
§ You
agree to indemnify and hold harmless transovative.com and
its parent company and affiliates, and their directors, officers, managers,
employees, donors, agents, licensors, from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of this User Agreement or the failure to fulfill any obligations relating to
your account incurred by you or any other person using your account. We reserve
the right to take over the exclusive defense of any claim for which we are
entitled to indemnification under this User Agreement. In such event, you shall
provide us with such cooperation as is reasonably requested by us.
§ Fieldor App users who have signed up for app may not engage in the same or similar
business of or related to mobile patrol app like Fieldor App (for up to 1
year from the date of registration for users). You cannot copy, modify, reverse
engineer, decompile our mobile patrol app designs, methods, processes.
Payment For The Use
Of Service
The payment details
as provided at the time of registration are bound by the following terms:
a.
If you initiate a subscription to a
free service, you will receive free access to the limited features on the Fieldor App at the discretion of the Company.
b.
On adding multiple users to the app,
the account will be automatically converted to a paid version with all the
available features/modules. Based on the number of users the account will be
charged and will continue until the subscription is canceled. Any amount that
has been automatically charged will not be refunded even if the subscription is
canceled.
a.
In case your payment method is
declined, we will try to process the payment 2 more times after 3 consecutive
days. If the payment is declined, then we will deactivate your account. You
will be required to update your payment method before you can access our
services. If the account remains inactive for 3 months, we will remove the
account permanently from our system.
c.
If the user chooses to end the
relationship by canceling the subscription, he is solely responsible to close
the account. Not doing so will result in loss, which is the sole responsibility
of the user.
d.
In case the user chooses to resume
the subscription after cancellation at any time in the past, the process for
charging will resume.
e.
As the user adds or removes the users
registered in the Fieldor
App, the subscription changes accordingly.
f.
In case of non-payment, the user’s
access to the Fieldor
App is suspended till the time the payment is made. The access is restored on
payment.
g.
In case of dissatisfaction with the
product, a refund can only be requested within 72hrs from the date and time of
payment, the customer needs to explain in detail to the customer care executive
why he is not satisfied so that the concerns are addressed or the money may be
refunded.
Posting And Conduct
Restrictions
You are solely responsible for the
User Content that you post, upload, link to or otherwise make available via the
Service.
You agree that we are only acting as
a passive conduit for the online distribution and publication of your User
Content. The Company, however, reserves the right to remove any User Content
from the Service at its sole discretion. We grant you permission to use and
access the Service, subject to the following express conditions surrounding
User Content. You agree that failure to adhere to any of these conditions
constitutes a material breach of these Terms.
By transmitting and
submitting any User Content while using the Service, you agree as follows:
1. There will be no tolerance for objectionable
content and abusive users. We may provide various open communication tools on
our website and apps, such as blog comments, blog posts, public chat, forums,
message boards, newsgroups, product ratings, reviews, various social media
services, messenger chats & reports etc. You understand that generally we
do not pre-screen or monitor content posted by users of these various
communication tools, which means that if you choose to use these tools to
submit any type of content to our website, then it is your personal
responsibility to use these tools in a responsible and ethical manner.
By posting information or otherwise using any open
communication tools as mentioned, you agree that you will not upload, post,
share or otherwise distribute any content that:
o
Is illegal, threatening, defamatory,
abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive,
racist, or contains any type of suggestive, inappropriate, or explicit
language.
o
Infringes on any trademark, patent,
trade secret, copyright, or other proprietary rights of any party.
o
Contains any type of unauthorized or
unsolicited advertising.
o
Impersonates any person or entity,
including any transovative.com employees
or representatives.
2.
You retain all ownership rights of
your User Content, but you are required to grant the following rights to the
Site and to users of the Service as set forth more fully under the “License
Grant” and “Intellectual Property” provisions below:
o
When you upload or post User Content
to the Site or the Service, you grant to the Site a worldwide, non-exclusive,
royalty-free, transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform that Content in connection with the provision of
the Service.
o
And you grant to each user of the
Service, a worldwide, non-exclusive, royalty-free license to access your User
Content through the Service and to use, reproduce, distribute, prepare
derivative works of, display and perform such Content to the extent permitted
by the Service and under these Terms of Use.
3.
You will not submit content that is
copyrighted or subject to third party proprietary rights, including privacy,
publicity, trade secret, or others unless you are the owner of such rights or
have the appropriate permission from their rightful owner to specifically
submit such content.
4.
We have the right at our sole
discretion to remove any content that we feel in our judgment does not comply
with this User Agreement, along with any content that we feel is otherwise
offensive, harmful, objectionable, inaccurate, or violates any 3rd party
copyrights or trademarks. We are not responsible for any delay or failure in removing
such content. If you post content that we choose to remove, you hereby consent
to such removal, and consent to waive any claim against us.
5.
We do not assume any liability for
any content posted by you or any other 3rd party users of our website. However,
any content posted by you using any open communication tools on our website,
provided that it doesn't violate or infringe on any 3rd party copyrights or
trademarks, becomes the property of transovative.com,
and as such, gives us a perpetual, irrevocable, worldwide, royalty-free,
exclusive license to reproduce, modify, adapt, translate, publish, publicly
display and/or distribute as we see fit. This only refers and applies to content
posted via open communication tools as described, and does not refer to
information that is provided as part of the registration process, necessary in
order to use our Resources. All information provided as part of our
registration process is covered by our privacy policy.
6.
Any concerns arising out of the use
of the mobile patrol apps provided by Fieldor
App is required to be addressed/resolved with the team of Fieldor App through direct contact or through mediatory,
unless such effort has been made to resolve the matter, the user must not go
online and post negative reviews on social networks or anywhere else on the
internet.
7.
By posting any User Content via the
Service, you expressly grant, and you represent and warrant that you have the right
to grant, to the Company a royalty-free, sublicensable, transferable,
perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce,
modify, publish, list information regarding, edit, translate, distribute,
publicly perform, publicly display, and make derivative works of all such User
Content and your name, voice, and/or likeness as contained in your User
Content, if applicable, in whole or in part, and in any form, media or
technology, whether now known or hereafter developed, for use in connection
with the Service.
8.
We might use your company logo, name,
and images, or any other copyright content from your website on our website,
blogs or any other medium or social media channels for marketing purposes only.
In case of any objection or if you want us to remove this content or
information, reach out to us to get the information or content removed.
Limitation of
Warranties
By using our website, you understand
and agree that all Resources we provide are "as is" and "as
available". This means that we do not represent or warrant to you that:
a.
The use of our Resources will meet
your needs or requirements.
b.
The use of our Resources will be
uninterrupted, timely, secure, or free from errors.
c.
The information obtained by using our
Resources will be accurate or reliable, and
d.
Any defects in the operation or
functionality of any Resources we provide will be repaired or corrected.
Furthermore, you
understand and agree that:
a.
Any content downloaded or otherwise
obtained through the use of our Resources is done at your own discretion and
risk, and that you are solely responsible for any damage to your computer or
other devices for any loss of data that may result from the download of such
content.
b.
No information or advice, whether
expressed, implied, oral or written, obtained by you from transovative.com or
through any Resources we provide shall create any warranty, guarantee, or
conditions of any kind, except for those expressly outlined in this User
Agreement.
c.
As a Fieldor or a client you understand that registering a user
on Fieldor App does not bind the user to work
exclusively for you, users can work at multiple companies and the user profile
will be shared with other companies for whom the user agrees to work for.
d.
Info shared by the user will be
visible to Fieldor
supervisors, their clients, and other users who have access to the resources.
e.
Fieldor
App team may access user data to provide technical support such as but not
limited to clients, users, reports, settings, etc.
f.
As a user
when you sign up for Fieldor
App account using your mobile app, you agree to use your mobile device to share
important information about yourself and the job activity while working as a Fieldor for a
supervisor or a client. While you are signed in, you are solely liable
for any data charges, or any other cellular carrier charges. Further, you
understand that while using your mobile you will be responsible for general
wear and tear of your device and you agree not to hold Fieldor App responsible for any direct or indirect loss
occurring from the use of our system.
g.
As a user’s registered on the Fieldor App, you understand that when GPS tracking is
enabled, the app tracks the users' location when the user is using the app.
This information is secure from any unauthorized access.
Limitation of
Liability
In conjunction with the Limitation of
Warranties as explained above, you expressly understand and agree that any
claim against us shall be limited to the amount you paid, if any, for use of
products and/or services. Fieldor App will not be liable for any direct, indirect,
incidental, consequential or exemplary loss or damages which may be incurred by
you as a result of using our Resources, or as a result of any changes, data
loss or corruption, cancellation, loss of access, or downtime to the full
extent that applicable limitation of liability laws apply.
Copyrights,
Trademarks And Intellectual Property
You acknowledge and agree that we and
our licensors retain ownership of all intellectual property rights of any kind
related to the Service, including applicable copyrights, trademarks, and other
proprietary rights. Other product and company names that are mentioned on the
Service may be trademarks of their respective owners. We reserve all rights
that are not expressly granted to you under these Terms of Use.
All content such as image, text, icons, and such
are provided by the contractors and subcontractors hired by Fieldor App. In case of any conflict with
any copyrights or trademark incidents that may arise, Fieldor App will investigate the incidents
and remove such material from the site. However, Fieldor App is not directly responsible for
the use of such copyright and trademark violations. All content and materials
available on transovative.com, including but not limited to text, graphics,
website name, code, images, and logos are the intellectual property of transovative.com and are protected by applicable copyright and
trademark law. Any inappropriate use, including but not limited to the
reproduction, distribution, display or transmission of any content on this site
is strictly prohibited unless specifically authorized by transovative.com.
Termination of Use
You agree that we may, at our sole
discretion, suspend or terminate your access to all or part of our website and
Resources with or without notice and for any reason, including, without
limitation, breach of this User Agreement. Any suspected illegal, fraudulent or
abusive activity may be grounds for terminating your relationship and may be
referred to appropriate law enforcement authorities. Upon suspension or
termination, your right to use the Resources we provide will immediately cease,
and we reserve the right to remove or delete any information that you may have
on file with us, including any account or login information.
Guarantee
Unless otherwise expressed, transovative.com expressly disclaims all warranties and
conditions of any kind. Whether expressed or implied, including but not limited
to the implied warranties and conditions of merchantability, fitness for a
particular purpose and non-infringement.
Force Majeure
Fieldor
App shall not be liable for any loss, damage or delay in delivery due to acts
of God or causes beyond its reasonable control including acts of the Customer,
acts of civil or military authority, fires, strikes, floods, epidemics,
quarantine restrictions, war, riots, delays in transportation, transportation
embargoes, or inability due to causes beyond its reasonable control to obtain
necessary engineering talent, labor, materials or manufacturing facilities. In
the event of such delay, the delivery date shall be extended for that length of
time as may be reasonably necessary to compensate for the delay.
Contact Information
If you have any questions or comments about these
our Terms of Service as outlined above, you can contact us at: support@transovative.com