Terms and Conditions
NOTE: You are concluding a legally binding agreement between Beetrack S.A. with its registered office in Presidente Errazuriz 4125, Las Condes, Santiago, Chile hereby known as “Beetrack” and yourself or the company you represent.
Beetrack provides fleet management and delivery tracking software and services.
2. Scope and Intent
If you are using Beetrack on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Beetrack User, do not “SIGNUP” for Beetrack and do not access, view, download or otherwise use any Beetrack webpage, information or service. By signing-up for Beetrack, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By signing-up, you also consent to use electronic signatures and acknowledge signing-up to Beetrack as one and the same. Please note that the
2. YOUR OBLIGATIONS
1. Applicable laws and this Agreement
2. License and warranty for your submissions to Beetrack
You own the information you provide Beetrack under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Beetrack profile information accurate and updated if a profile/community legally represents your company. Likewise, Beetrack will not be held responsible for information uploaded by your company that violates any current laws, people's privacy or any other issue that could be considered as a civil rights violation.
3. Service Eligibility
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Beetrack account, (3) are not a competitor of Beetrack or are not using the Services for reasons that are in competition with Beetrack; (4) will try to maintain one Beetrack account at a time, not multiple; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Beetrack, including intellectual property rights such as copyright or trademark rights.
4. Sign-In Credentials
You agree to: (1) Keep your password and private community codes of Beetrack secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts or private communities; (4) refrain from selling, trading, or otherwise transferring your Beetrack account; and (5) refrain from charging anyone for access to any portion of Beetrack, or any information therein.
Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact Beetrack via e-mail: email@example.com to request this.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Beetrack.
If you purchase any services that we offer for a fee, you agree to Beetrack or a 3rd party that is clearly disclosed (such as Paypal, Braintree or the current payment processing company) storing your payment card information. You also agree to pay the applicable fees as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that Beetrack’s Services are subject to this Agreement.
7. Notify us of acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
8. Notifications and Service Messages
For purposes of service or community related messages such as invitations, availability of the App, new versions other messages related to the community you have registered for, broadcasts etc, Beetrack may place banners across its Apps or Web site to alert you or may alert you through other means eg. emails, pop-up notifications etc. Naturally, Beetrack will strive to limit such notifications and make them useful to the user as well as make them relevant. Moreover, notices, such as modifications to this Agreement, may consist of an email from Beetrack to an email address associated with your account, even if we have other contact information. You also agree that Beetrack may communicate with you through your Beetrack account or through other means including email or delivery services including the postal service about your Beetrack account or services associated with Beetrack. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
9. Beetrack Applications
Beetrack may offer the Services through applications built using Beetrack’s platform (“Beetrack Applications”). Examples of Beetrack Applications include its smartphone apps (Beetrack for Android Phones or Beetrack for iPhone), and Beetrack’s Web App on its website. If you use a Beetrack Application or interact with the Beetrack website, you agree that information about you, your event and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages may be communicated to us.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of this Agreement associated with the application provided at download or installation, or as may be updated from time to time.
10. Teams and team management
Beetrack offers various possibilities to create user groups and teams and share information such as, but not limited to members, community/company descriptions, routes, delivery stauses and so on. You need to ensure, whenever you add information into the Beetrack system that you have the right to do so. Adding employees to Beetrack means importing that person’s name and e-mail address at least, at the same time, before you do so, you need to make sure that person has allowed you to import his name and e-mail address into Beetrack.
Beetrack users are allowed to use all these features, however, Beetrack may close communities or remove any content from them if the content violates this Agreement or others’ intellectual property rights. Although these cases are more than rare, we reserve our right to do so to protect other community members from various unpleasant events.
Beetrack IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY Beetrack APPLICATION.
3. YOUR RIGHTS
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 9, we grant you a limited, revocable, nonexclusive, nonassignable, non-sublicense-able license and right to access and use the Beetrack Services, through a generally available web browser, mobile device or application (but not through scraping or other technology or software used to access data without the express written consent of Beetrack or its Users), view information, create communities and use the Services that we provide on Beetrack web pages and in accordance with this Agreement and the price list or price agreement we have agreed and captured as part of this agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Beetrack and all related items, including any and all copies made of the Beetrack website.
4. OUR RIGHTS AND OBLIGATIONS
1. Services Availability
For as long as Beetrack continues to offer the Services, Beetrack shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Beetrack as it may exist and be available on any given. We may modify, replace, refuse access to, suspend or discontinue Beetrack, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Using Beetrack through the Beetrack Web application or Beetrack Apps, Beetrack cannot be responsible for a well-functioning Wireless LAN or other telecommunication services.
2. Disclosure of User Information
3. Connections and Interactions with other Users
You are solely responsible for your interactions with other Users. Beetrack may limit the number of connections you may make or have with other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Beetrack reserves the right, but has no obligation, to restrict, suspend, or close your account if Beetrack determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
WE PROVIDE THE PLATFORM FOR BEETRACK AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. BEETRACK DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. DO NOT RELY ON BEETRACK, ANY INFORMATION THEREIN, OR ITS CONTINUATION. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY BEETRACK OR ANYTHING RELATED TO BEETRACK, YOU MAY CLOSE YOUR BEETRACK ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. BEETRACK IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF EVENT CREATED, VIEWED OR PUBLISHED OR ANY MESSAGES SENT THROUGH BEETRACK TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO BEETRACK. BEETRACK DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, BEETRACK DISCLAIMS.
ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION IS YOURS. BEETRACK DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. BEETRACK DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, BEETRACK DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF BEETRACK’S SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
5. Use of customer’s brand assets
The Company shall have the right to disclose the existence of this Agreement, Customer’s status as a Customer, and to include Customer’s company name and logo various promotional materials, including, but not limited to, executive summaries and the Company’s world wide web page.
5. LIMITATION OF LIABILITY
Neither Beetrack nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Beetrack Affiliates”) shall be liable for any damages nor any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Beetrack. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that Beetrack may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
1. Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Beetrack. This notice will be effective upon Beetrack processing your notice. Beetrack may terminate the Agreement and your account if you violate this agreement, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Beetrack may terminate your access to Beetrack. Termination of your Beetrack account includes disabling your access to Beetrack and may also ban you from any future use of Beetrack.
2. Misuse of the Services
Beetrack may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes providing usernames or passwords to other Users; abusing the Beetrack messaging services; creating false profiles; using, selling or marketing the Services commercially without Beetrack’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 9, or any other behavior that Beetrack, in its sole discretion, deems contrary to its purpose or violating this agreement.
3. Effect of Termination
Upon the termination of your Beetrack account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.
7. DISPUTE RESOLUTION
1. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of Chile regardless of your country of origin or where you access Beetrack, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Beetrack agree that all claims arising out of or related to this Agreement must be resolved exclusively a court located in Santiago, Chile, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
2. Arbitration Option
For any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
8. GENERAL TERMS
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
3. Notices and Service of Process
In addition to “Notices and Service Messages”, we may notify you via postings on www.beetrack.com. You may contact us at firstname.lastname@example.org
Or via mail or courier at:
ATTN: Legal Department
Presidente Errazuriz 4125, Las Condes, Santiago, Chile
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
4. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other
Beetrack services, third-party content or third party software.
5. Amendments to this Agreement
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.beetrack.com and notifying you per e-mail or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this
Agreement at any time per Section 7 (Termination).
6. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Beetrack Affiliate shall be deemed legally binding, unless documented in a physical writing hand signed by a duly appointed officer of Beetrack.
Entities other than Beetrack, that Beetrack owns a 50% or greater interest in (“Affiliate”) are parties and vice versa, to this Agreement, with a right to enforce the Agreement directly against you.
8. Potential Other Rights and Obligations
Depending on your country of origin, you may have rights or obligations under local law other than those enumerated here.
9. Beetrack USER “DOS” and “DON’TS”
As a condition to access Beetrack, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts.
Do undertake the following:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by Beetrack concerning the Services; and
- Use the Services in a professional manner.
Don’t undertake the following:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Beetrack;
- Publish inaccurate information in the Beetrack system. Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
- Create a user profile for anyone without permission of that person or company;
- Harass, abuse or harm another person, including sending un-welcomed communications to others using Beetrack;
- Upload a profile image that is not your likeness or a head-shot photo or a logo/relevant image in the case of communities/companies;
- Use or attempt to use another’s account without authorization or create a false identity on Beetrack;
- Upload, post, email, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the name filed or any other field, or including other information or any personally identifiable information for which there is not a field provided by Beetrack);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Contains software viruses, worms, scripts or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Beetrack or any User of Beetrack;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;
- Participate, directly or indirectly, in the setting up or development of any event that seeks to implement practices that are unlawful.
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Beetrack (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by the information owner or Beetrack;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
- Utilize or copy information, content or any data you view on and/or obtain from Beetrack to provide any service that is competitive, in Beetrack’s sole discretion, with Beetrack;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Beetrack unless you have entered into an agreement with Beetrack (by example, this includes, but is not limited to, representing yourself as an accredited Beetrack trainer if you have not been certified by Beetrack as such);
- Adapt, modify or create derivative works based on Beetrack or technology underlying the Services, or other Users’ content, in whole or part, except as agreed with Beetrack.
- Rent, lease, loan, trade, sell/re-sell access to Beetrack or any information therein, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize a Beetrack Group/Community or any other service or functionality of Beetrack, without the express written permission of Beetrack.
- Remove any copyright, trademark or other proprietary rights notices contained in or on Beetrack, including those of both Beetrack and any of its licensors;
- Remove, cover or otherwise obscure any form of advertisement included on Beetrack;
- Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Beetrack except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Share information of non-Users without their express consent;
- Infringe or use Beetrack’s brand, logos and/or trademarks, including, without limitation, using the word “Beetrack” in any business name, email, or URL or including Beetrack’s trademarks and logos except as expressly permitted by Beetrack;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site except for indexing purposes in search engines and various social networks.
- Use bots or other automated methods to access Beetrack, add or download contacts, send or redirect messages, or perform other activities through Beetrack, unless explicitly permitted by Beetrack;
- Access, via automated or manual means or processes, Beetrack for purposes of monitoring Beetrack’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Beetrack’s website;
- Attempt to or actually access Beetrack or the Beetrack Databases by any means other than through the interfaces provided by Beetrack;
- Attempt to or actually override any security component included in or underlying Beetrack;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Beetrack’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Beetrack personnel, attempting to gain unauthorized access to Beetrack, or transmitting or activating computer viruses through or on Beetrack;
- Interfere with or disrupt or game Beetrack or the Services.
10. COMPLAINTS REGARDING CONTENT POSTED ON THE BEETRACK WEBSITE
We encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties.