Terms and Conditions of Use of
Platform
Introduction
Click here to refer to our Privacy Policy.
Please read these terms of use ("Terms") carefully before using www.iotaSmart.com ("Website") and
mobile applications of iotaSmart ("App"). The Website and App are owned, registered and operated
by iGloble SOFTWARE SOLUTIONS PRIVATE LIMITED("iGloble", "Company" "we", "us" or "our"), a
Company incorporated under the Companies Act, 2013 having its Registered Office at 5TH FLOOR,
UNIT NO. 511, CHIRANJIV TOWER, 43, NEHRU PLACE, New Delhi, Delhi, 110019 having Company
Incorporation Number (CIN) U74900DL2009PTC196093. By using our websites, the guest users or
registered users of the website (hereinafter referred to as "User" or "you" or "your" or "yourself") signify
your agreement to be bound by these Terms ("Agreement").
By visiting our site, you engage in our "Service" and agree to be bound by the following terms and
conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR
WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY
THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES.
IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY
LIMITED TO THESE TERMS OF SERVICE.
Amendments
These Terms of Use are subject to modifications at any time. We reserve the right to modify or change
these Terms & Conditions and other iGloble policies at any time by posting changes on the Platform,
and you shall be liable to update yourself of such changes, if any, by accessing the changes on the
Platform. You shall, at all times, be responsible for regularly reviewing the Terms & Conditions and
the other iGloble policies and note the changes made on the Platform. Your continued usage of the
services after any change is posted constitutes your acceptance of the amended Terms & Conditions
and other iGloble policies. As long as you comply with these Terms & Conditions, iGloble grants you
a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform.
By accepting these Terms & Conditions, you also accept and agree to be bound by the other terms
and conditions and iGloble policies as may be posted on the Platform from time to time.
Disclaimer
This document is an electronic record in terms of Information Technology Act, 2000 and rules there
under as applicable and the amended provisions pertaining to electronic records in various statutes
as amended by the Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information
Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations,
'Terms & Conditions' for the access or the usage of Platform.
By clicking on 'send OTP' button, you are consenting that you have read and understood the Terms
of Use and agree to be bound by the Terms of Use. Your agreement to the Terms of Use shall operate
as a binding agreement between you and iGloble in respect of the usage and services of the Platform.
Your agreement to the Terms of Use shall operate as a binding agreement between you and iGloble
in respect of the usage and services of the Platform.
Eligibility / Authorized Use
If you are preferring to avail Services using the Website, then you further warrant that you have the
requisite legal competency / authority to enter into a binding Agreement. Persons who are
'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, un-
discharged insolvents etc. are not eligible to use the Website. If you are registering as a business
entity, you represent that you have the authority to bind the entity to these Terms. If you are below 18
years of age, please get your parent/guardian to read and accept these Terms before you access the
Website. Also, do not give your or their name, address, phone number or email address without their
permission. You agree to be financially responsible for all of your use of the Services (as well as for
use of your account by others, including without limitation minors living with you). You agree to
supervise and be responsible for all usage of minors of the Services under your name or account. You
also warrant that all information supplied by you or members of your household in using the Services,
including without limitation your name, email address, street address, telephone number, credit card
number and that all the information submitted by you is true and accurate. Failure to provide accurate
information may subject you to civil and criminal penalties.
Services
iGloble aims to deliver a single platform (iotaSmart) to run and manage your fleet operations with
ease. Our end-to-end solutions ensure that we are with you at every step of the entire fleet
management life cycle.
iGloble is engaged in the business of providing Fleet Management Solutions, Vehicle Tracking System
(VTS), AIS 140 Certified GPS Tracker, Telematics, Truck GPS Tracker, GPS Tracker Bus Tracking
System, Car GPS Tracker, Bike GPS Tracker for the tracking of vehicles.
All the above listed services are provided at the sole discretion of iGloble, and you acknowledge and
agree that iGloble can add or provide additional services not listed above, or can remove / suspend /
cancel any or all services/products, listed above without any notice or liability.
Audit
iGloble at all times reserves its right, but not an obligation, to audit the Content, User Content, features
available on Website or any other material or information posted/uploaded by the User. If at any time,
in sole discretion of iGloble, iGloble determines that any Content/User Content or any other material
or Feature of the Website is in contravention of any law for the time being in force or spirit of the terms
and conditions of this Agreement or violates the privacy of any person, then iGloble may either remove
or edit or block such material without any notice.
Though iGloble does not pre-screen the User Content, yet that iGloble and its designees shall have
the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents
that are available via Website.
Notwithstanding the above-said right, you acknowledge and understand that all User Content, whether
publicly posted or privately transmitted, are the sole responsibility of the person from which such User
Content originated. This means that you, and not iGloble, are entirely responsible for all User Content
that you have provided iGloble with, in order to upload, post, transmit or otherwise make available via
the Website. You further acknowledge and agree that these User Content does not necessarily reflect
the views of iGloble nor iGloble endorse any such User Content.
Further to this it is informed that iGloble may share the information pertaining to such instances (with
or without demand) with Government agencies for the purpose of verification of identity of User, or for
prevention, detection, investigation, prosecution and punishment. Therefore, it is advised to you that
you should not involve in any such activities which violate any applicable law, rules, regulation or
breach the terms and conditions of this Agreement
General
You agree that no joint venture, partnership, employment, or agency relationship exists between You
and iGloble as a result of these Terms. Our performance of these Terms is subject to existing laws
and legal process, and nothing contained in these Terms is in derogation of iGloble right to comply
with governmental, court and other applicable laws.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law
(including, but not limited to, the warranty disclaimers and liability limitations set forth herein), then
such invalid or unenforceable provision shall be superseded by a provision that most closely matches
the intent of the original provision, and the remainder of these Terms shall continue in effect.
Your Account and Registration Obligations
User Account
User Account” shall mean the personal account created by the User on the Website or the App.
In order to avail the benefits of the Services, the Users must mandatorily register themselves on the
Website or the App. Such Users and their details shall be verified by the Company by a detailed
process. Every registered User shall allocate themselves a unique identification username and
password ("User ID" and "Password").
If you use the Website or the App as a registered user, you are responsible for maintaining the
confidentiality of your User ID and Password. You are responsible for all activities that occur under
your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete
information about yourself as prompted by the registration form in the Website or the App. If you
provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve
the right to indefinitely suspend, terminate or block your access to the Services, the Website, and the
App and refuse to provide you with access to the Website or the App.
The Customer may access his records relating to the Services at the website.
You shall ensure that the Account Information provided by you in the Website's personal account is
true, correct, complete, accurate and up-to-date. Use of another User's Account Information for
availing the Services is expressly prohibited.
If You provide any information that is not correct, true, inaccurate, not current or incomplete (or
becomes not true, inaccurate, not current or incomplete), or iGloble identifies and/or has reasonable
grounds to suspect that such information is not true, inaccurate, not current or incomplete, iGloble has
the right to suspend or terminate Your account and refuse any and all current or future use of the
Website/ Services (or any portion thereof).
In case You prefer to avail and/or are provided an access to specific services and/or offers then the
said services and/or offers shall be subject to the respective terms and conditions, notified from time
to time at the sole discretion of iGloble.
Information Sharing and Disclosure
iGloble will not sell or rent your personally identifiable information to anyone. iGloble will send
personally identifiable information about you when: iGloble has consented to share the information,
iGloble will need to share your information to provide the Service requested by you, iGloble responds
to subpoenas, court orders or legal process. If iGloble finds that your action on the website violates
iGloble terms and conditions or any of your usage guidelines for specific Services or any laws
prevailing in India, iGloble shall initiate appropriate legal proceedings by taking recourse to all
remedies available to it in law and as per the Terms and other agreements.
Limitation and Disclaimer of Warranty
● The Website, the App, the Services and each portion thereof are provided "AS IS" without
warranties of any kind either express or implied. To the fullest extent possible pursuant to
Applicable Law, we disclaim all warranties, express or implied, with respect to the Website,
the App, or the Services and each portion thereof, including, but not limited to, no infringement
or other violation of intellectual property rights.
● We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever
incurred by the User due to use of the Website, the App, or the Services or due to the non-
availability of the Website, the App, or Services.
● We make no representation or warranty that the Website or the App shall (i) meet your
requirements/ be accurate or reliable; (ii) be uninterrupted, timely, secure or error-free. Further,
access to the Website, the App or the Services shall be contingent to Your internet accessibility
and we shall not be held liable for any lack/ sporadic breaks in Your internet accessibility.
● If you are dissatisfied or harmed by this Website or the App or anything related with the
Website or the App, your sole remedy shall be to terminate these Terms of Use by closing
your account with the Company.
● We shall be entitled to disclose to the Authority, as required by Applicable Law or by any
directive or request from any government body, the particulars of the User engaged with the
Website or the App.
● We shall be entitled to add, to vary or amend any or all these terms and conditions at any time
and the User shall be bound by such addition, variation or amendment once such addition,
variation or amendment is incorporated into these terms and conditions, and such amended
terms and conditions are on the Website and the App.
Intellectual Property
You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative
works from, transfer, or sell any information, Services obtained from any Websites - directly or
indirectly in any medium. Neither these materials nor any portion thereof may be stored in a computer
except for personal and non-commercial use. iGloble will not be held liable for any delays, errors or
omissions therefrom, or in the transmission or delivery of all or any part thereof, or for any damages
arising from any of the foregoing.
The User acknowledges that iGloble is, and shall be the sole owner of all Intellectual Property Rights
in and to any solutions and/or products that have been developed by iGloble, so as to enable it to
render Services to the User. Any rights not expressly granted herein shall be retained by iGloble.
www.igloble.com and www.iotasmart.com are domains of the Company. The Website/Application,
including, but not limited to its graphics, logos, page headers, button icons, scripts and service names
constitute trade dress of the Company. The trademarks, domain names and trade dress of the
Company shall not be used or reproduced without prior written approval from the Company, and may
not be used in connection with any product or service that is not affiliated with the Company.
Copyrights
All content included in Website/Application of iGloble, including but not limited to text, graphics, logos,
button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is/
are the sole property/ proprietary of iGloble and protected copyright.
You may use the website/Application content for personal and non-commercial purposes in
accordance with the principles governing intellectual property laws. Any other use or modification of
the content of the Website of iGloble without the prior written authorization of iGloble is prohibited.
No Unlawful or Prohibited Use
You warrant to iGloble that you will not use the Website/Application of iotaSmart for any purpose that
is unlawful, illegal or prohibited by these Terms. You shall not use the Website/Application in any
manner, which could damage, disable, overburden, or impair the Website or interfere with any other
party's use and enjoyment of the Website. You shall not obtain or attempt to obtain any materials
through any means not intentionally made available or provided for through the Website/Application
of iGloble.
Indemnification and Limitation of Liability
Indemnity: You agree to indemnify, defend and hold harmless iGloble, its subsidiaries, affiliates,
vendors, agents and their respective directors, officers, employees, contractors and agents
(hereinafter individually and collectively referred to as "Indemnified Parties") from and against any and
all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and
expenses (including legal and other statutory fees and disbursements in connection therewith and
interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of,
result from, or in connection with:-
● Your breach of the Agreement(s).
● Any claims made by any third party due to, or arising out of, or in connection with, your use of
the Website;
● Any claim that any Content / User Content / Third Party Content, information or materials
provided by you caused damage to a third party;
● Your violation of any rights of another, including any intellectual property rights.
Limitation of Liability: iGloble assumes no liability whatsoever for any monetary or other damage
suffered by You on account of:
● The delay, failure, interruption, or corruption of any data or other information transmitted in
connection with use of the Website;
● Any interruption or errors in the operation of the Website.
Notwithstanding anything to contrary in the Agreement(s), in no event shall iGloble, its subsidiaries or
affiliates and their respective officers, directors, employees, partners or suppliers be liable to you for
any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including
those resulting from loss of use, data or profits, whether or not foreseeable or whether or not iGloble
has been advised of the possibility of such damages, or based on any theory of liability, including
breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or
in connection with Your use of or access to the Website, Services, Content, User Content or Third
Party Content.
User Comments
The Company does not assume any obligation to monitor the information that Users post / may post
on the Site. You warrant that any and all information, projects, files or other attachments sent to us
('User Material') or comments other than personal data, which you may transmit to the Company
through the Site, does not infringe intellectual property rights or any other applicable laws. Such
information, material or comments, will be treated as non-confidential and non-proprietary. By
submitting any information or material, you give the Company an unlimited and irrevocable license to
use, execute, show, modify and transmit such information, material or comments, including any
underlying idea, concept or know-how. The Company reserves the right to use such information, in
any way in its sole discretion.
Modifications of These Terms of Use
iGloble reserves the right to change the terms, conditions, and notices under which Websites are
offered, including but not limited to the charges associated with the use of the Websites. You are
responsible for regularly reviewing these terms and conditions.
Language and Display
iGloble does not intend to or have displayed and/ or used any language, which hurt the sentiments of
any person nor intend to or have displayed anything, which would have or deemed to be defamatory
in nature. If you feel any language or display as derogatory then You may contact us and write to our
customer care. Nevertheless, iGloble do not own any kind of claim of such nature in case any such
query is raised against the Website, then iGloble reserves all rights to defend itself against any such
claims.
Dispute Resolution
You may write to iGloble for any issues arising out of the usage of Website on customer care and
iGloble shall make all efforts to support you to resolve the same. However, iGloble do not own any
responsibility for any such issues and in case of any dispute arising out of the same by you against
iGloble then the same shall be referred to an Arbitrational Tribunal consisting of a Sole Arbitrator to
be appointed by iGloble and whose decision shall be final and binding. The venue of arbitration shall
be New Delhi and language shall be English. By using the Websites, you provide consent for this
clause as well.
Governing Laws
This Agreement shall be governed by the laws of India. By using the Websites, you hereby consent to
the exclusive jurisdiction and venue of courts in New Delhi, India, irrespective of your point of access
to the Websites. Use of Websites is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including without limitation to this paragraph.
Grievance Redressal
In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance
Officer of iGloble for the purpose of this Agreement shall be:
Grievance email address: support@igloble.com
