Last Modified: 29 Nov 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Continental India Private Limited ("Company," “Continental”, "we," or "us"). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, "Terms of Use"), govern your access to and use of Conti Fleet Sathi, including any content, functionality, and services offered on or through Conti Fleet Sathi (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking I agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [PRIVACY POLICY URL], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are [18] years of age or older, reside in India, and are our End Customers who are interested in receiving any promotional offers from Continental (“You”, “Your” and “Subscriber”).

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

You will be provided a link on your mobile number through which you can access your account on this Website by receiving one time login password on your registered mobile number. You will be enabled to check and edit your information in your account.

Through this Website CONTINENTAL will be providing access / information to the Subscriber various promotional schemes or providing customized promotional offers of CONTINENTAL (‘Purpose”) from time to time on the sole discretion of CONTINENTAL.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

These Terms of Use (“Terms”) and the Privacy Policy constitute a written agreement between You and CONTINENTAL (“Agreement”). A printed version of the Terms or the Privacy Policy, and of any electronic notice pertaining to the Terms or the Privacy Policy, shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form. The term “Service” means and includes usage of this Website by You for submitting the necessary legal and business details / documents and Your proposal to CONTINENTAL for enrolling You as registered Fleet Customer  and any other facilitation made available through this Website.

In order to access the Website or some of the resources and/or Service it offers, a Subscriber may be asked to provide CONTINENTAL with certain registration details or other information, which may include personal information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by CONTINENTAL Privacy Policy, the current version of Privacy Policy is available at the link provided herein. You consent to all actions we take with respect to your information consistent with our Privacy Policy. By using the Website, You represent and warrant that: (a) You are legally entitled to make use of the information made available by the Website; (b) You are accessing the Website for a legitimate purpose; and (c) You will only use the Website and Service as permitted by these Terms.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

CONTINENTAL cannot and will not be liable for any loss or damage arising from Your use of the Service, including any loss or damage arising from Your failure to comply with the above requirements.

ACCURACY AND AVAILABILITY

Please keep in mind that the information provided through the Website/Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by your or any other visitors to the Website, or by anyone who may be informed of any of its contents. CONTINENTAL does not guarantee the Website/Service will be available for Your use. CONTINENTAL may interrupt or discontinue the Website/Service without any notice to You. You agree that CONTINENTAL will not be liable to You and You release CONTINENTAL from any claims arising from any interruption, discontinuance, or termination of Website/Service for any reason.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE/SERVICE, ITS CONTENTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE/SERVICE, AND CONTINENTAL EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR SUFFICIENCY OF THE WEBSITE/SERVICE, THE DATA UPON WHICH IT RELIES, OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, CONTINENTAL MAKES NO WARRANTY THAT THE WEBSITE/SERVICE WILL BE ACCURATE, RELIABLE, AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold CONTINENTAL, its affiliates (including their respective employees, officers, directors and shareholders) harmless from and against any claim, cause of action, demand, cost, expense (including lawyers’ fees), loss, proceeding, judgement, award, damage and liability of any kind (collectively, “Claims”) arising out of or in connection with your violation of these Terms of Use or Your use of Website/Service, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

INTELLECTUAL PROPERTY

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for the Purpose only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any other purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Nothing contained herein, or any other document or agreement related to the Website/Service, shall, by express grant, implication, estoppel or otherwise, create or grant You any right, title, interest, or license in the Service, Website, or content, or to the inventions, patents, data, computer software, or software documentation associated with any of them. The Company name, the terms [COMPANY TRADEMARKS], [the Company logo,] and all related names, logos, product and service names, designs, and slogans referenced by or incorporated in the Website, Service, and/or content are the trademarks of CONTINENTAL or its affiliates or licensors. You obtain no rights therein by virtue of Your use of the Service, the Website or contents. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. You covenant and agree not to assert any rights in the Website, Service, contents or in any trademarks used by CONTINENTAL in connection with any of them. The trademarks used by CONTINENTAL and the Content, Website, Service and related software and inventions are protected by applicable trademark, copyright and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable national, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Geographic Restrictions

The owner of the Website is based in India. We provide this Website for use only by persons located in India. We make no claims that the Website or any of its content is accessible or appropriate outside of India. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside India, you do so on your own initiative and are responsible for compliance with local laws.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL CONTINENTAL, ITS AFFILIATES, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY, FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH OUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), EVEN IF CONTINENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER CAUSED BY BREACH OF CONTRACT OR ANY EXPRESS OR IMPLIED WARRANTY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT.

COMPLIANCE

CONTINENTAL will determine Your compliance with the Terms and the Privacy Policy in its sole discretion and its decision shall be final and binding. Any violation of the Terms or the Privacy Policy may result in restrictions on Your access to all or part of the Website/Service and may be referred to law enforcement authorities. CONTINENTAL, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (a) tampering with the operation of the Website/Service or (b) acting in violation of the Terms or the Privacy Policy.

LINKS FROM THE WEBSITE

The Website may contain links to other web sites operated by third parties or resources provided by third parties. Such third party web sites are not under the control of CONTINENTAL. CONTINENTAL is not responsible for the content of any third party web site or any link contained in a third party web site. CONTINENTAL provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

LIMITATION ON TIME TO FILE CLAIMS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website/Service or this Agreement must be filed within thirty (30) days after such claim or cause of action arose otherwise it will be deemed to be barred by the limitation agreed under this Agreement.

FORCE MAJEURE

Without limiting the foregoing, under no circumstances CONTINENTAL shall be liable for any damage or loss due to a deficiency related to  Website/Services resulting directly or indirectly from acts of nature, forces or causes beyond the reasonable control, including without limitation internet failures, computer equipment failures, telecommunication equipment failures, software failures, hosting services failures, internet frauds, any other government regulations, floods, storms, electrical failure, civil disturbances, riots, war, etc.

MISCELLANEOUS

These Terms of Use and our Privacy Policy constitute the entire agreement between CONTINENTAL and You with respect to the subject matter hereof, and supersedes all prior or contemporaneous written, electronic or oral communications, representations, agreements or understandings between You and CONTINENTAL with respect thereto. CONTINENTAL’s failure to exercise in any respect any right provided for herein will not be deemed a waiver of any provision of these Terms or of any subsequent breach of the same and no waiver of any provision of these Terms will be effective unless made in writing. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. These Terms shall be interpreted under the laws of India, and, in the event of any controversy or claim arising out of or relating to these Terms or the breach or interpretation thereof, You shall submit to the exclusive jurisdiction of Courts at Meerut (Uttar Pradesh, India).

This document is an electronic record in terms of the law applicable in India. This electronic record is generated by a computer system and does not require any physical or digital signatures.