Thank you for your interest in EROAD’s Inspect Driver Vehicle Inspection Report. EROAD provides software, web-applications and related services (including for use with its products) for the purpose of providing tax management, compliance and commercial services.
This document governs your use of the EROAD Inspect application.
PLEASE READ CAREFULLY BEFORE USING THE APPLICATION.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and EROAD LTD of 260 OTEHA VALLEY RD, NORTH SHORE, NEW ZEALAND (EROAD, us or we) for:
- EROAD’ mobile application software, which consists of the EROAD’s Inspect electronic driver vehicle inspection report application (the Inspect App); and
- Accompanying App help, guidance and training documents supplied by EROAD (the Documents).
OPERATING SYSTEM REQUIREMENTS: THIS APP REQUIRES AT A MINIMUM A MOBILE DEVICE WITH RESOLUTION OF AT LEAST 320 PPI (PIXEL DENSITY), INTERNET CONNECTIVITY ACCESS AND THE ANDROID OPERATING SYSTEM CODE NAME “KITKAT” (VERSION 4.4) OR ABOVE. AS FUTURE VERSIONS AND CODE NAMES OF THE ANDROID OPERATING SYSTEM ARE RELEASED, EROAD MAY NOT CONTINUE TO SUPPORT SUPERSEDED CODE NAMES AND VERSIONS OF THE ANDROID OPERATING SYSTEM. EROAD WILL HOWEVER SUPPORT THE APP ON THE MOST RECENT CODE NAME OF THE ANROID OPERATING SYSTEM (FOR EXAMPLE, AT THE TIME OF THE RELEASE OF THIS APP, THE CURRENT CODE NAME OF THE ANDROID OPERATING SYSTEM RELEASE IS “NOUGAT”) AND THE TWO MOST RECENTLY SUPERSEDED VERSIONS OF THE CODE NAME (AS AN EXAMPLE, AT THE TIME OF THE RELEASE OF THIS APP, THE TWO MOST RECENTLY SUPERSEDED VERSIONS OF THE ANDROID OPERATING SYSTEM ARE “MARSHMALLOW” AND “LOLLIPOP”).
BY DOWNLOADING THE INSPECT APP OR BY LOGGING INTO THE INSPECT APP, YOU AGREE TO THE TERMS OF THE EULA WHICH WILL BIND YOU. THE TERMS OF THE EULA INCLUDE THE TERMS OF EROAD’s HARDWARE AND SERVICES AGREEMENT (AVAILABLE HERE – http://www.eroad.co.nz/nz/eroads-terms) THAT APPLY TO EROAD CUSTOMERS AND AUTHORIZED USERS. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE TERMS OF THE HARDWARE AND SERVICES AGREEMENT AND THIS EULA, THE TERMS OF THE EULA APPLY. CAPITALIZED TERMS IN THIS EULA HAVE THE MEANING AS DEFINED IN THIS EULA OR IN THE HARDWARE AND SERVICES AGREEMENT.
- The terms of this EULA apply to the Inspect App or any of the services accessible through the Inspect App (Services), including any updates or supplements to the Inspect App, unless they come with separate terms, in which case those terms apply.
- We may change these terms at any time by notifying you of a change when you next start the Inspect App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
- From time to time updates to the Inspect App may be issued through the Google Playstore. Depending on the update, you may not be able to use the Inspect App or Services until you have downloaded or streamed the latest version of the Inspect App and accepted any new terms.
- You acknowledge and agree that the device on which the Inspect App is downloaded onto is owned or controlled by You (Devices). You (or the owner of the Device) may be charged by internet service providers for internet access on the Devices and you (or the owner) are solely responsible for all internet charges incurred in relation to the use of the Inspect App and Services. You accept responsibility in accordance with the terms of this EULA for the use of the Inspect App or any Service on or in relation to any Device, whether or not it is owned by you.
- You will use the Inspect App and Services in accordance with the recommended protocols and processes outlined in the Documents, including the protocols and directions for where the Inspect App crashes, ceases functioning, is out of cellular range, displays any warnings or faults, or is unable to transmit information or data.
- You must use the Inspect App in accordance with all applicable laws and ordinances (including driving laws). You are solely responsible for installing and using the Inspect App and Device on which the Inspect App is used in a manner that complies with the law and will not cause accidents, personal injury or property damage. You are solely responsible for observing safe driving practices.
- You accept and agree that the Inspect App and Services are tools to assist you to electronically complete and submit pre-trip and post-trip driver vehicle inspection reports and related records. You however must act in accordance, and comply, with all bylaws, regulations and legislation and you are solely responsible for your records and your compliance with all legislation (including regulations and bylaws). You will hold EROAD and Apple harmless for any violation or failure to observe any bylaw, regulation or legislation which occurs from your use of the Inspect App and Services or any act or omission by EROAD.
- EROAD has developed the Inspect App to assist you to complete driver vehicle inspection reports. You acknowledge however that the Inspect App and Services have not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the Inspect App and Services meet your requirements and are suitable for your purposes. Except as otherwise provided in this licence, your access to and use of the Inspect App and Services are on an “as-is” basis and at your own risk. You also acknowledge that EROAD and Apple are not in the business of providing professional advice and you are therefore responsible for verifying any information given by EROAD before relying on or making use of it.
- You warrant that all information and data that is collected by, or inputted into, the Inspect App and Services is accurate. You are solely responsible for all errors, inaccuracies and omissions in the information and data on the Inspect App and Services that you submit or transmit.
- At your direction you authorise EROAD to submit to the EROAD Customer reports containing your data on your behalf in connection with the Inspect App and Services. You authorise EROAD to use, copy, modify, store, disclose and communicate the data to the extent necessary to enable you to use the Inspect App and Services. You also acknowledge that EROAD is under no obligation to store and make available to you data collected by the Inspect App or Services following the termination or expiry of this EULA.
- You authorize EROAD to contact you for marketing purposes for EROAD products only. EROAD may use data provided by you and other data it collects about you to market and promote its products and services to you. EROAD will not provide your data to any other party so they can use it to market their products to you.
- By using the Inspect App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
- EROAD strives to provide you with a great Inspect App and Services. And, while EROAD intends to make the Inspect App and Services available 24 hours a day, 365 days a year, the Inspect App and Services may be interrupted for scheduled maintenance or for reasons beyond EROAD’s control. EROAD will not be responsible for any such interruptions, but if the Inspect App is likely to be interrupted for extended periods, EROAD will use reasonable efforts to provide advance notice of such interruption on its websites www.eroad.com , https://depot.eroad.com or any other website operated by EROAD (the Website). During any interruptions you agree to follow the recommended protocols and processes outlined in the Documents.
- The Inspect App will depend on availability and proper performance of third-party systems, such as computer networks, the Internet, and cellular networks, which can be unpredictable and which may from time to time interfere with use of or limit access to the Inspect App and Services, including leading to latency issues with the collection of data and potential loss of data if the Inspect App fails to synch with EROAD’s servers. Where there are availability or performance issues which interfere or limit access to the Inspect App and Services, you agree to follow the recommended protocols and processes outlined in the Documents.
- EROAD has created a technology platform to store data inputted into the Inspect App that, meets or exceeds, internationally accepted control objectives and practices for privacy, security and information systems. EROAD also intends to maintain a back-up of the data. However, no back-up system is completely failsafe and you will not hold EROAD responsible, nor bring any claims against EROAD, for any loss, corruption, destruction or alteration of data.
- GRANT AND SCOPE OF LICENCE
- To use the Inspect App, you must be employed, or contracted, as a driver, health and safety or compliance officer or be responsible for the fleet management of vehicles (a Qualified User) for an EROAD Customer under EROAD’s Hardware and Services Agreement. We grant you a non-transferable, non-exclusive revocable licence to use the Inspect App on the Devices, subject to these terms, the terms of the Hardware and Services Agreement and the terms of the Apple APP STORE. We reserve all other rights.
- You may:
- (a) download or stream a copy of the Inspect App onto the Device and to view, use and display the Inspect App on the Devices; and
- (b) use the Documents,
for the purpose of your employment or contract with the EROAD Customer only.
- LICENCE RESTRICTIONSExcept as expressly set out in this EULA or as permitted by any local law, you agree:
- (a) not to copy the Inspect App or Documents except where such copying is incidental to normal use of the Inspect App, or where it is necessary for the purpose of back-up or operational security;
- (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Inspect App or Documents;
- (c) not to make alterations to, or modifications of, the whole or any part of the Inspect App, or permit the Inspect App or any part of it to be combined with, or become incorporated in, any other programs;
- (d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Inspect App or attempt to do any such thing;
- (e) to include our copyright notice on all entire and partial copies you make of the Inspect App on any medium;
- (f) not to provide or otherwise make available the Inspect App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- (g) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Inspect App or any Service (Technology),
together Licence Restrictions.
- ACCEPTABLE USE RESTRICTIONSYou agree that you:
- (a) will ensure that the Device is in proper working condition and meets the minimum specifications to download and stream the Inspect App, including having sufficient cellular and data connection services with third party providers to optimize the use of the Inspect App;
- (b) not use the Inspect App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Inspect App, any Service or any operating system;
- (c) not infringe our intellectual property rights or those of any third party in relation to your use of the Inspect App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
- (d) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Inspect App or any Service;
- (e) not use the Inspect App or any Service in a way that could damage, disable, overburden, impair or compromize our systems or security or interfere with other users; and
- (f) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
together Acceptable Use Restrictions.
- INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the Inspect App, the Documents and the Technology anywhere in the world belong, or is licensed, to us, that rights in the Inspect App are licensed (not sold) to you, and that you have no rights in, or to, the Inspect App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the Inspect App in source-code form.
- LIMITATION OF LIABILITY
- You acknowledge that the Inspect App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Inspect App as described in the Documents meet your requirements.
- We only supply the Inspect App and Documents to a Qualified User of an EROAD Customer. You agree not to use the Inspect App and Documents for any commercial, business or resale purposes.
- To the maximum extent permitted by law, EROAD excludes all liability in contract, tort (including negligence) and under statute and EROAD shall not be liable for any direct, indirect, special, punitive or consequential loss or damage (including loss of data or information, or loss of profits, revenue, or opportunities or any fines, penalties or levies that you may receive due to your use of the Inspect App or Services) however caused, arising out of the use of the Inspect App or Services.
- In the event of any breach, or any negligent performance, by EROAD which causes you loss, your sole and exclusive remedy from EROAD is that EROAD will use commercially reasonable endeavors to restore the Inspect App, Services or data.
- We may terminate this EULA immediately by written notice to you:
- (a) if you are no longer a Qualified User of an EROAD customer;
- (b) if EROAD and the Customer to which you are an employee or contractor of terminates the Hardware and Service Agreement;
- (c) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
- (d) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
- On termination for any reason:
- (a) all rights granted to you under this EULA shall cease;
- (b) you must immediately cease all activities authorized by this EULA, including your use of any Services;
- (c) you must immediately delete or remove the Inspect App from all Devices, and immediately destroy all copies of the Inspect App and Documents then in your possession, custody or control and certify to us that you have done so; and
- (d) we may cease providing you with access to the Inspect App and Services.
- We may terminate this EULA immediately by written notice to you:
- COMMUNICATION BETWEEN US
- If you wish to contact us, or if you have any questions, complaints or claims with respect to the Inspect App, you can send this to us by e-mail at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by posting the notice on the Website.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA, we will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
- OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
- You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Clauses 1.7, 1.10, 1.11, 6 and 7 survive termination or expiry of this licence.
- Please note that this EULA, its subject matter and its formation, are governed by the laws of New Zealand and the parties submit to the jurisdiction of the High Court of New Zealand.
V.2 January 2017