The Site is operated by Fico Mobility Private Limited (“Company”), a companyincorporated in India, in the State of Punjab. This site facilitates placing the vehicles by Associates for renting to our members / users, management of such vehicle(s), etc. by Associates ("Associates","You", or "Your") who have registered with us. Associates canaccess the site through an authorized username and password. You need to beregistered to use services offered by site. In you use any services in whatsoever mannerwithout registration, and then the company shall hold no liability or responsibility for anyconsequence arising out of or as a result of your use. You may contact Company at the following e-mail address:firstname.lastname@example.org
If you agree to these Terms as an individual, you must be at least 18 years old andotherwise of legal age to form a binding contract. If you are acting on behalf of aninstitution, business, organization, agency or other entity (an “Organization”), you will beresponsible for ensuring that: (i) you have authority to bind that Organization to theseTerms, and your agreement to these Terms will be treated as the agreement of the Organization, and (ii) any individual or entity to whom you provide access to the Serviceis made aware of and complies with these Terms. In that case, “you” and “your” in theseTerms shall refer to the Organization you represent
For purposes of these Terms, the term “Content” includes any data, text, figures,images, illustrations, resource or other content or information, software, code, scripts,graphics, and interactive features displayed, provided or otherwise made available on orthrough the Service. References to the “Service” in these Terms shall include referencesto the Content where the context permits.You agree not to remove, suppress or modify in any way the proprietary markings,including any trademark or copyright notice, used in relation to any Content or other partof the Service (including on any output generated through its use).
If you are accessing and/or otherwise using the Service pursuant to a separateagreement between the Organization that you belong to or are acting for (“Contract”),your use will also be subject to the Contract, provided to the extent there is any conflict,the terms of the Contract shall prevail. For the avoidance of doubt, nothing in theseTerms shall impose additional obligations on that Organization. Usage restrictions and other additional terms and conditions (“Additional Terms”) mayapply to certain parts of the Service and shall form part of these Terms. You shall complywith all Additional Terms referenced on any part of the Service you use, posted to theSite, affixed to the Content or otherwise that you are given notice of, and to the extentthere is any conflict between the Additional Terms and other parts of these Terms, theAdditional Terms shall prevail in respect of the relevant part of the Service.
You may browse the Site without registering, but as a condition to using certain aspectsof the Service, you may be required to register with Company and select a password anduser name (“User ID”). You shall not: (i) select or use as a User ID a name of anotherperson with the intent to impersonate that person; (ii) use as a User ID a name subject toany rights of a person other than you without appropriate authorization; or (iii) use as aUser ID a name that is otherwise offensive, vulgar or obscene. Company reserves theright to refuse registration of, or cancel a User ID in its sole discretion. You are solelyresponsible for activity that occurs on your account and shall be responsible formaintaining the confidentiality of any password. You shall not: (i) impersonate or try toimpersonate another person; (i) disclose your password to anyone else; (iii) allow anyoneelse to use your account; or (iv) use anyone else’s account. You will immediately notifyCompany in writing of any unauthorized use of your account, or other account relatedsecurity breach of which you are or become aware.You represent that all information you provide is accurate and truthful and that you willmaintain the accuracy and truthfulness of such information by any feature we makeavailable for that purpose or otherwise by notifying Company
Company reserves the right, at its sole discretion, to change, suspend, or discontinue anypart of the Service, including the Content, at any time without notice to you
Company reserves the right, at its sole discretion, to modify or replace any of theseTerms at any time. You are responsible for reviewing and becoming familiar with anysuch modifications. Your continued use of the Service following the posting of anychanges to the Site or otherwise notified to you constitutes acceptance of those changes.
If any part of the Service is made available on or through other websites or otherresources on the Internet and or includes links to such resources, or other websites orresources contain links to any part of the Service, this is done for convenience only andany access to, use of and/or reliance upon such resources is done entirely at your ownrisk and Company disclaims all liability arising therefrom
The Service may provide you with the ability to add, create, upload, submit or post(“Submit,” “Submitting” or “Submission”) content, data, text, photographs, images,illustrations, or other information on or to the Site or Service (collectively, the “UserSubmissions”). By way of example, and not as a limitation, User Submissions may beSubmitted when you request the Service to: (i) identify, resolve, copy, or import contentstored on your or a third party’s computer system, (ii) synchronize content such that the Service stores or “mirrors” content stored on your or a third party’s computer system bystoring such content on equipment owned or operated by Company, (iii) save or storeyour comments, edits or annotations to Content accessible through the Service, or (iv)share with another person any content stored on your or a third party’s computersystem, whether by email attachment or other means.You shall ensure that Company is authorized and otherwise free to lawfully host, use andmake available any User Submission as envisaged by these Terms or the relevantService, and that no part thereof: (i) violates, infringes or makes unauthorised use of anyProprietary Rights (ii) is defamatory, derogatory, discriminatory or violates any rights ofprivacy (iii) breaches, or causes us to breach, any applicable law or regulation (iv)contains a virus, malware or other potentially harmful component, information orinstructions (v) is indecent, obscene, offensive or pornographic or (vi) could result in anyclaim or action against Company or affiliates, or damage their goodwill or reputation inany way.Company shall have no obligation to review or monitor any Submission. You understandthat Submissions publicly posted or privately transmitted through via the Service are thesole responsibility of the person from whom such content was Submitted
Company may terminate your access to all or any part of the Service at any time, with orwithout cause, with or without notice, effective immediately, which may result in theforfeiture and destruction of all information associated with your account, including UserSubmissions. Upon termination, all rights granted under this Agreement shall terminateand you shall immediately stop using the Service. If you wish to terminate your account,you may do so by following instructions available on the relevant part of the Service. Allprovisions of these Terms which by their nature should survive termination shall survivetermination, including ownership provisions, warranty disclaimers, indemnities andlimitations of liability
The service is provided “as is” and “as available” and is without warranty, condition orguarantee of any kind, express or implied, including any warranty of title, non-infringement, merchantability and fitness for a particular purpose, and any warrantiesimplied by any course of performance or usage of trade, all of which are expresslydisclaimed. Without limiting the foregoing, company, and its directors, employees,agents, suppliers, partners, integrators and content providers do not warrant that: (a) theservice will be secure or available uninterrupted at any particular time or location; (b)any defects or errors will be corrected; (c) any content/form available at or through theservice is free of viruses or other harmful components; or (d) the results of using theservice will meet your requirements. Your use of the service is solely at your own risk.The foregoing provisions shall apply to the maximum extent permitted by applicable law.Company makes no guaranty of confidentiality or privacy of any communication orinformation transmitted on the site or any website linked to the site. Company will not beliable for the privacy of email addresses, registration and identification information, diskspace, communications, confidential or trade-secret information, or any other Contentstored on Company’s equipment, transmitted over networks accessed by the Site, orotherwise connected with your use of the Service
You shall defend, indemnify, and hold harmless Company and its affiliates, and theirrespective officers, directors, employees or agents, on demand from all losses, liabilities,claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringementor violation by you or caused by you, or any third party using your account, of anyProprietary Rights or other right of any individual or entity. Company reserves the rightto assume the exclusive defense and control of any matter otherwise subject toindemnification by you, in which event you will assist and cooperate with Company inasserting any available defenses
In no event shall company, its affiliates, suppliers, partners, licensors, integrators orcontent providers, or their respective officers, directors, employees, or agents be liablewith respect to the service or the subject matter of this agreement under contract, tort,strict liability, negligence, or any other legal or equitable theory (i) for any amount inexcess of the greater of rupees one thousand (in the aggregate) or; (ii) for any indirect,incidental, punitive, or consequential damages of any kind whatsoever; (iii) for any lossof profits, revenue, business or savings, depletion of goodwill and/or similar losses nor fordata loss or cost of procurement of substitute goods or services; (iv) for any bugs,viruses, trojan horses, or the like (regardless of the source of origination); or (v) for anymatter arising from your breach or negligence, or beyond company’s reasonable control.The foregoing provisions shall apply to the maximum extent permitted by applicable law
Although certain of our Services may be made available for free to certain users, this isdone at Company’s absolute discretion. Company reserves the right to introduce newfees and change its price list at any time, upon notice to you, including by posting detailsof such change on the Site. Your use of the Services following such notificationconstitutes your acceptance of any new or increased fees, which you will pay on demandin addition to any applicable sales or other taxes. Any fees paid hereunder are non-refundable
A printed version of these Terms and of any notice given in electronic form shall beadmissible in judicial or administrative proceedings based upon or relating to theseTerms to the same extent and subject to the same conditions as other businessdocuments and records originally generated and maintained in printed form.These Terms shall be governed by and construed in accordance with the laws of the landof INDIA. Any dispute arising from or relating to the subject matter of these Terms shallbe finally settled by arbitration in the state of registered office of the company i.e.Punjab, using the English or Regional Language in accordance with the Arbitration andConciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed byfico mobility pvt. Ltd. The prevailing party in any arbitration or other proceeding arisingunder these Terms shall be entitled to receive reimbursement of its reasonable expenses(including reasonable attorneys’ fees, expert witness fees and all other expenses)incurred in connection therewith. The arbitrator’s award shall be final and binding on theParties. Judgment upon the award so rendered may be entered in a court havingjurisdiction or application may be made to such court for judicial acceptance of anyaward and an order of enforcement, as the case may be. Notwithstanding the foregoing,each party shall have the right to institute an action in a court of proper jurisdiction forinjunctive or other equitable relief pending a final decision by the arbitrator. For allpurposes of these Terms, the parties consent to exclusive jurisdiction of local courtslocated in the District of SAS Nagar, Mohali, Punjab. Use of the Service is not authorizedin any jurisdiction that does not give effect to all provisions of these Terms, includingwithout limitation, this section
These Terms are the entire agreement between you and Company with respect to theSite, Content and other parts of the Service, and supersede all prior or contemporaneouscommunications and proposals (whether oral, written or electronic) between you andCompany with respect to the same. If any provision of these Terms is found to beunenforceable or invalid, that provision will be limited or eliminated to the minimumextent necessary so that these Terms will otherwise remain in full force and effect andenforceable. The failure of either party to exercise any right provided for herein shall notbe deemed a waiver of any further rights hereunder
Company shall not be liable for any failure to perform its obligations hereunder wheresuch failure results from any cause beyond Company’s reasonable control, includingmechanical, electronic or communications failure or degradation. These Terms arepersonal to you, and are not assignable, transferable or sub licensable by you exceptwith Company’s prior written consent. Company may assign, transfer or delegate any ofits rights and obligations hereunder without consent. Any reference to “includes” and“including” shall mean including without limitation and general words shall not be givena restrictive meaning by reason of the fact that they are followed by particular examplesintended to be embraced by the general words. No agency, partnership, joint venture, oremployment relationship is created as a result of these Terms and neither party has anyauthority of any kind to bind the other in any respect. All notices under these Terms willbe in writing and will be deemed to have been duly given when received, if personallydelivered or sent by certified or registered mail, return receipt requested; when receipt iselectronically confirmed, if transmitted by facsimile or e-mail; or the business day after itis sent, if sent for next day delivery by recognized overnight delivery service