Please read these terms of service (the "Agreement") carefully before you visit/use/access the website, services, products and applications (collectively referred to as “Services”) of KonnectShift Technologies Inc (“KonnectShift”, “we”, “us” or “our”). This Agreement governs your access to and use of the Services. The Services are available for your use only on the condition that you agree to the terms of this Agreement set forth below. If you do not accept the terms of this Agreement in its entirety, do not access or use the Services. By accessing or using the Services, you and the entity you are authorized to represent ("you" or "your") signify your agreement to be bound by this Agreement.
We may terminate your account and use of the Services at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that we believe is harmful to our business, or for conduct where the use of the Service is harmful to any other party.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. In the event that a change to this Agreement materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Generally, modifications are effective upon publication.
Our Services provide a comprehensive range of fleet management services to fleet owners worldwide. We are dedicated to optimizing expenditures and providing fleet managers transparent and diligent supervision of their fleet.
You agree to pay all fees for subscriptions purchased by you or on your behalf, whether purchased on or through the Services, through an Order Form with us, or through any other written agreement, including in each case any applicable taxes (“Subscription Fees"). Subscription Fees are nonrefundable (except as may otherwise be expressly stated). In the event of any change in the Subscription Fees applicable to the renewal of your subscription, we will send you a notice of such change in advance of renewal (via a message on or through the Service or email). You must cancel a subscription prior to renewal to avoid incurring Subscription Fees for the renewal term.
The Company offers various types of Services. You may opt to subscribe for any particular Service as per your need and/or discretion. Such subscriber (“User”) is granted a non-exclusive, non-transferable license to use the Services for the duration of the subscription for the User’s normal business purposes.
Such license is personal to the User and the Services may only be used directly by the User and the User is not permitted to sub-contract, sub-licence, assign or otherwise dispose of any rights licensed by the Agreement to any third party without our prior written consent. We make no statement about the suitability of the Services for a given situation and the User acknowledges that it is its sole responsibility to determine and ensure that the Services are relevant for its particular business needs.
Your subscription for the Services will continue until the end of the subscription period specified in your Order Form (“Term”) unless terminated earlier in accordance with the Order Form or this Agreement. If you violate any provision of this Agreement, including your payment obligations, we may immediately terminate your use of the Services or suspend your account. You may terminate your account at any time by contacting our customer service. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination and for the remainder of the Term. We may discontinue your use of the Services at any time on 60 days prior notice to you and a refund of any pre-paid fees.
In addition to the Services available, our website also offers information and marketing materials. Our website may also offer information, both directly and through indirect links to third-party websites, about other products or services. We do not always create the information offered on our website; instead the information might have been gathered from other sources. Any links to third party websites are provided solely as a convenience to you. We do not endorse the contents of any such third-party websites. We are not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
We are not responsible for any damages resulting from use of our website by anyone. You will not use the website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the website by other users, (3) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (4) not defame, harass, abuse, or disrupt other users of the website
By using our website, you are granted a limited, non-exclusive, nontransferable right to use the content on the website in connection with your normal, noncommercial, use of the website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from us or the applicable third party (if third party content is at issue).
The Services are owned and operated by us. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (the “Materials”) provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained or used in the Services, and all intellectual property and industrial property rights therein and thereto, is our sole and exclusive property or the sole and exclusive property of our third-party licensors. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in this Agreement.
4.1 Any content in our website is provided for your general reference only, and is not intended to amount to any advice, representations or warranties on which you should rely. It is your responsibility to exercise your own judgment and to obtain professional or specialist advice before taking or refraining from taking any action based on the content.
4.2You expressly understand and agree that your use of the Services is at your sole risk and that the Service are provided “as is” and “as available”.
4.3To the fullest extent permitted by applicable law, we expressly disclaim all conditions and warranties of any kind, whether express or implied, in relation to the Services, including (without limitation) any implied warranties as to merchantability or quality.
4.4Without prejudice to the generality of clause 4.3 above, we make no representations or warranties:
4.4.1As to the accuracy, completeness, currentness, adequacy, quality, reliability or validity of any of the Services content or any other information or material provided on or through the Services;
4.4.2That the Services will meet your requirements, or are free of any defects, errors, omissions, viruses or anything which may change, erase, add to or damage your software, network, hardware or data;
4.4.3That your use of the Services will be uninterrupted, timely, secure or error-free; or
4.4.4That any defects or errors in the operation or functionality of the Services will be corrected.
4.5Any materials, including Services content, downloaded or otherwise obtained or accessed through the website is at your sole risk and discretion, and you shall be solely responsible for any damage to your computer system or other devices or loss of data that results from such.
5.1In no event will we be liable for any damages including indirect, incidental, special, consequential or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to your access to or use of, or your inability to access or use, the Services or any materials or content on the Services, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not we have been informed of the possibility of such damage.
5.2Subject to applicable laws, you agree that the aggregate total of all liability to you for any and all claims arising out of relating to the use of or any inability to use the Services (including any materials or content available through the Services) or otherwise under this Agreement, whether in contract, tort, or otherwise, is limited to the amounts you have paid to us for access to and use of the Services in the 2 months prior to such claim.
6.1You hereby agree to indemnify, defend and hold harmless, us and our partners, officers, directors, agents, affiliates, and licensors, from and against all losses that may arise directly or indirectly out of or in connection with:
6.1.1As to the accuracy, completeness, currentness, adequacy, quality, reliability or validity of any of the Services content or any other information or material provided on or through the Services;
6.1.2your use of the Services;
6.1.3any violation, trespass, contravention, breach or infringement of our or any third party’s intellectual or industrial property rights caused by you, or your employees, agents or affiliates; or
6.1.4any breach by you of privacy laws and/or any other applicable data protection laws of the relevant jurisdiction.
7.2Any contact information made available on the website, may only be used for the purposes of contacting us in order to making an enquiry about the Services that we provide.
7.3You may not disclose, distribute, use, copy or compile any personal data or contact information made available on the website for marketing purposes or for any other purpose not expressly permitted by this Agreement, unless you receive our express prior consent to do so.
This Agreement is governed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and treated in all respects as an Ontario contract and is subject to the exclusive jurisdiction of the courts of the Provence of Ontario and all courts competent to hear appeals therefrom.
Under no circumstances shall we be liable for any delay or failure or disruption in relation to the Services resulting directly or indirectly from anything beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labour disputes, war, riots, civil disturbances, shortages of labour or materials, fires, flood, typhoons, earthquakes, explosions, acts of God, actions or orders issued by governmental or regulatory authorities or any courts or tribunal with appropriate jurisdiction, or non-performance of third parties.
If any of the provisions or clauses of this Agreement are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if this Agreement has been made without the invalid, illegal or unenforceable terms. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall not impair the enforceability of any of the other clauses in this Agreement.
This Agreement contains the entire agreement between you and us and replaces all previous written or oral agreements in relation to the Services.
All notices to us shall be made via email at firstname.lastname@example.org.
A failure or delay by us to exercise any right or act upon a breach under this Agreement will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of this Agreement must be in writing, and such waiver is limited to that particular right or breach stated therein.
You may not transfer any of your rights or obligations under this Agreement without our written consent. We may transfer our rights or obligations or both to any person or entity, including any of our affiliates, without your consent.