In order to use the FMS Fleet application software (hereinafter referred to as the "Software") and services, you (hereinafter referred to as the "User") should read and abide by the "FMS Fleet User Agreement" (hereinafter referred to as the "Agreement"). Please read carefully and fully understand the contents of each clause, especially the clauses that exempt or limit liability. The restrictions and exemptions may be in bold to remind you.
Unless you accept all the terms of this Agreement, you have no right to register, log in or use the services covered by this Agreement. Your downloading, installation, copying of the "FMS Fleet" software, as well as registration, login, use, etc. will be deemed as acceptance of this Agreement, and you agree to be bound by the terms of this Agreement. If you are under 14 years of age, please read these Terms in the presence of your legal guardian. If you accept these Terms on behalf of another person, company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to the terms of this Agreement.Sinocastel Co.,Ltd. (hereinafter referred to as " Sinocastel " or "we") is the actual developer and operator of the FMS Fleet App (hereinafter referred to as the "APP" or this software).
1. Confirmation and Acceptance of Terms of Service
1.1
This Agreement is an agreement between you and Sinocastel regarding your downloading, installation, use, copying, sharing of the application of this software, and use of Sinocastel related services. After you agree to the Terms of Service and Privacy Policy and complete the registration process, you will become an official user of FMS Fleet. User confirmation: This Terms of Service is a contract for dealing with the rights and obligations of both parties and is always valid. If there are other mandatory provisions in the law or special agreements between the two parties, they shall prevail.
1.2
The specific content of this service is provided by Sinocastel based on actual circumstances, including but not limited to real-time vehicle positioning, track return at night, real-time video, etc. We can change the services it provides, and the content of the services provided by Sinocastel may change at any time.
1.3
This service only provides tracking and positioning services. This service only provides positioning for device users and helps improve their personal and property safety, but does not assume any responsibility for the personal and property safety of its users in any express or implied manner or provide any of the following guarantees (including but not limited to):
(1) This software service will meet your actual or specific needs or purposes;
(2)The accuracy, completeness or timeliness of this software service;
(3)This software service will be uninterrupted, uninterrupted, continuously stable or error-free;
(4)The accuracy or reliability of any results or data obtained by using this software service;
(5)Any errors, problems, or failures in this software service will be corrected or resolved;
(6)Any products, services or other content purchased or obtained through this software service meet your expectations;
(7)The accuracy, stability and completeness of third-party services or external links in this software service and the content they point to;
(8)The information you provide to Sinocastel is not infringed in any way.
1.4
The relevant map services provided by this software service are developed by Sinocastel and its affiliated companies or authorized by the corresponding rights holders, including location query, surrounding services, business labeling and other services related to geographic location. The specific service content is provided to you by Sinocastel on an "as is" basis. Sinocastel has the right to determine the form and specific content of this software service at its own discretion . Sinocastel has the right to change, suspend or terminate part or all of the services of this software at its own discretion, and has the right to publish new versions and require you to use them.
1.5
The services we provide include free services and paid services. Users can purchase paid services by paying. For paid services, we will give users clear notice before using them. Only when users agree to pay the fees and complete the payment, can users use the paid services.
1.6
You understand and agree that Sinocastel has the right to associate or display advertisements to you through the software related to this software service, and does not assume the obligation to notify you of the advertising behavior. You may not change, remove or cover these advertisements in any way, nor may you use Sinocastel to associate or display any advertisements in any form. You understand and know that you should carefully judge the advertisements associated with or displayed in this software service. Any form of communication or business dealings between you and advertisers through this software service are behaviors between you and the advertisers. If you suffer any consequences or losses of any nature due to any of the aforementioned behaviors, you should assert your rights against the relevant advertisers.
1.7
Users must prepare the following equipment and bear the following expenses: (1) Internet equipment, including but not limited to mobile phones or other Internet terminals, modems and other necessary Internet devices; (2) Internet expenses, including but not limited to network access fees, Internet equipment rental fees, mobile phone traffic fees, etc.
2.Account Registration
2.1 The FMS Fleet account registration information includes but is not limited to the user's email, nickname, avatar, password, all information entered when registering or updating the account, and all information you fill in when shopping in the FMS Fleet Mall (including but not limited to the consignee's name, address, contact number, etc.).
2.2 When registering an FMS Fleet account, the user shall promise to abide by laws and regulations, national interests, citizens' legitimate rights and interests, public order, social ethics and the authenticity of information, and guarantee that when registering and using the FMS Fleet account, the following circumstances shall not occur:
（1）Violation of the provisions of the Constitution or laws and regulations;
（2）Endangering national security, leaking state secrets, subverting the state power, and undermining national unity;
（3）Damaging the national honor and interests, and damaging the public interest;
（4）Inciting ethnic hatred and discrimination, and undermining national unity;
（5）Undermining the state’s religious policies, promoting cults and feudal superstitions;
（6）Spreading rumors, disturbing social order, and undermining social stability;
（7）Spreading obscenity, pornography, gambling, violence, murder, terror, or abetting crimes;
（8）Insulting or defaming others, and infringing on the legitimate rights and interests of others;
（9）Contains other content prohibited by laws and administrative regulations or violates other provisions of FMS Fleet.
2.3 Users shall ensure that the registration information they provide is true, accurate, complete, legal and valid. If there is any change in the user's registration information, it shall be updated in a timely manner. All responsibilities and consequences (including but not limited to refusal to register, account suspension or cancellation, etc.) caused by the registration information provided by the user not complying with the provisions of these terms shall be borne by the user, and we reserve the right to terminate the user's use of FMS Fleet's services.
2.4 If we have reasonable grounds to believe that a user has used false information to register an account name, or that his/her account profile, profile and other registration information contain illegal or negative information, we have the right to take measures such as notifying the user to make corrections within a specified period, suspending the use of the account, or canceling the registration.
2.5 For users who register account names by impersonating, affiliated organizations or celebrities, we have the right to cancel their accounts and report to the Internet information content management department.
2.6 When users use this software service or place orders for shopping, we will strictly keep confidential the user's real name, mailing address, contact phone number, email address and other private information. Sinocastel will not disclose it to the outside unless authorized by the user or otherwise required by law.
2.7 After a user successfully registers, account information such as a user name and password will be generated. You can change your password according to the provisions of this software. Users should carefully and reasonably save and use their user names and passwords. If you find that your account has been used without authorization, or other circumstances that may endanger the security of your account, you should change your password immediately and notify us immediately in an effective manner to request the suspension of related services. You understand that it takes Sinocastel a reasonable time to take action on your request, and we do not assume any liability beyond the explicit provisions of laws and regulations for the consequences that have occurred before taking action (including but not limited to any loss on your part). If you are unable to use your account normally or any actions taken by others using your account due to reasons not attributable to us, and any consequences or losses arising therefrom, please claim compensation from the relevant responsible person, and we will provide necessary and reasonable assistance.
2.8 The ownership of your registered account belongs to Sinocastel , and the right to use it belongs only to you. Unless there are other legal reasons and with the consent of Sinocastel , you may not give, transfer, sell, borrow or rent the account to others. If the aforementioned matters occur, you agree to bear all the consequences and losses arising therefrom, and Sinocastel shall not be responsible for them and reserves the right to pursue the legal liability of the relevant person.
2.9 Your FMS Fleet Account is limited to your own use. It is strictly forbidden to allow a third party to use your FMS Fleet Account. Otherwise, all responsibilities arising therefrom will be jointly and severally borne by you and the actual user, and Sinocastel will not bear any responsibility for this.
2.10 If you lose your account or forget your password, you should apply to retrieve your account or change your password according to the method prompted by this software. Sinocastel will decide whether to approve your account retrieval or password modification application based on the consistency between the information you provide and the information stored in the system. You should keep your registration information and password protection information properly. If the information you provide is untrue, incomplete, inaccurate, or untrue, or if your information is known to others for reasons other than FMS Fleet, you may not be able to retrieve your account or modify your password. FMS Fleet does not guarantee that you will be able to retrieve your account or modify your password through the aforementioned methods.
2.11 In accordance with the provisions of relevant laws and regulations, we have the right to authenticate the real identity information of registered users based on mobile phone numbers, email addresses, addresses, birthdays, identity cards, driver's licenses, etc. For users who refuse to authenticate their real identity information, we reserve the right to deny such users access to FMS Fleet related services and have the right to take measures against users including but not limited to restricting service use and closing accounts.
3.User Management
3.1 Users must comply with the relevant laws and regulations of the Hong Kong Special Administrative Region of the People's Republic of China and be independently responsible for the content they publish (including but not limited to text, pictures, etc.).
3.2 Users understand and agree that any information (including but not limited to text, pictures, etc.) published on the APP has automatically authorized us or FMS Fleet to use it in various legal ways including publicity and promotion. If users have objections to the way we or FMS Fleet use information, they should contact us or FMS Fleet as soon as possible after discovering it to communicate and resolve it. If users do not object to our or FMS Fleet's use of information, it is assumed that they agree to such use and have no right to assert rights with respect to the above use.
3.3 Responsibility Users must bear legal responsibility for their actions in the process of using the FMS Fleet service. The forms of legal responsibility assumed by users include but are not limited to: compensation to the injured party, and after we first assume the administrative penalty or infringement damages caused by the user's behavior, the user should give us equal compensation. If the user violates the above regulations, we have the right to make an independent judgment to immediately suspend or terminate the provision of part or all services to the user, including locking, canceling, deleting the user's FMS Fleet account and other measures.
4.Data Storage
4.1 We are not responsible for the deletion or storage failure of users' data in this service.
4.2 We can determine the maximum storage period of users' data in this service according to the actual situation and allocate the maximum data storage space on the server.
4.3 If users stop using this service or this service is terminated, we can permanently delete the user's data from the server. After this service is stopped or terminated, we have no obligation to return any data to users.
5.Ownership and Intellectual Property Terms
5.1 Except for the intellectual property rights of advertisements in this service, which are owned by the corresponding advertisers or otherwise agreed, the intellectual property rights of the content (including but not limited to texts, pictures, etc.) provided by Sinocastel in this service belong to Sinocastel , except that the user has legally obtained the intellectual property rights for the content published by himself before using this service.
5.2 Unless otherwise specifically stated, the copyright, patent rights and other intellectual property rights and interests of the software relied on by Sinocastel in providing this service belong to Sinocastel.
5.3 The copyright or trademark rights of the graphics, texts or their components, as well as other logos and product and service names (hereinafter collectively referred to as "Sinocastel Logo") involved in this service by Sinocastel belong to Sinocastel . Without the prior written consent of Sinocastel , users shall not display, use or otherwise process the Sinocastel logo in any way, nor shall they indicate to others that they have the right to display, use or otherwise process the Sinocastel logo.
5.4 The above-mentioned and any other intellectual property rights legally owned by Sinocastel or related advertisers are protected by law. Without the written permission of Sinocastel or related advertisers, users shall not create, transfer, use or authorize third parties to use related derivative works in any form and obtain any form of income directly or indirectly from them.
5.5 Unless otherwise required by law, no organization or individual may illegally copy, reprint, quote, link, crawl or otherwise use the information content of this website and the FMS Fleet App in whole or in part in any manner without the express written permission of Sinocastel (including its affiliates). Otherwise, Sinocastel has the right to pursue legal liability.
6.Force Majeure and Other Disclaimers
6.1 In the process of using this software, you may encounter risk factors such as force majeure, which may cause service interruption. Force majeure refers to objective events that cannot be foreseen, overcome or avoided and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics and storms, and social events such as wars, unrest, government actions, etc. In the event of the above situation, Sinocastel will strive to cooperate with relevant units as soon as possible to repair it in a timely manner, but Sinocastel and its partners will be exempted from liability for losses caused to users or third parties within the scope permitted by law.
6.2 This software, like most network services, is affected by factors including but not limited to user reasons, network service quality, social environment, etc., and may be affected by various security issues, such as others using user data to cause harassment in real life; other mobile phone software downloaded and installed by users or other websites visited by users contain viruses such as "Trojan Horses", threatening the security of users' mobile phone information and data, and then affecting the normal use of this service, etc. Users should strengthen their awareness of information security and user data protection, and pay attention to strengthening password protection to avoid losses and harassment. Except for the liability clearly stipulated by laws and regulations, any losses caused by the reasons stated in this paragraph shall be borne by the user himself, and we do not assume any responsibility for this.
6.3 This software has the risk of service interruption or failure to meet user requirements or deviations in related positioning, tracking, vehicle data, trip data, alarm data, etc. due to force majeure, mobile phone viruses or hacker attacks, system instability, errors in third-party map software linked or included, user location, user shutdown, and any other technical, Internet, communication line reasons. Sinocastel does not assume any responsibility for any losses to users or third parties caused by this.
6.4 To facilitate your operation and enrich your experience, this software may contain some third-party services, content or links that are not Sinocastel . You may choose to visit these third-party links or use these third-party products or services, but the content of these third parties is not controlled by Sinocastel and is only provided for the convenience of this software. You shall bear any risks and consequences arising from your use of non- Sinocastel services and any goods, services or content obtained through non- Sinocastel services by yourself, and Sinocastel shall not be responsible for this. Except for the terms of service specified in this software, this software shall not be responsible for any other accidents, negligence, infringements and losses caused by the use of this software (including computer viruses caused by the content of third-party websites linked to below), and shall not bear any legal liability.
6.5 Sinocastel needs to inspect or maintain the platform or related equipment regularly or irregularly. If such circumstances cause the service to be interrupted within a reasonable time, Sinocastel does not need to bear any responsibility for this. Except for force majeure, Sinocastel should notify in advance.
6.6 Sinocastel has the right to deal with illegal, irregular or breach of contract in accordance with laws and regulations and this Agreement. This right does not constitute an obligation or commitment of Sinocastel . Sinocastel does not guarantee to discover illegal, irregular or breach of contract in a timely manner or take corresponding measures.
6.7 Sinocastel shall not be liable for any quality defects of the following products or services provided by Sinocastel to users and any losses caused by them :
(1) Services provided by Sinocastel to users free of charge;
(2) Any products or services given by Sinocastel to users as gifts.
6.8 In any case, Sinocastel shall not be liable for any indirect, consequential, punitive, incidental, special damages or losses, including but not limited to loss of profits or any civil, criminal or administrative liability suffered by users due to the use of our equipment or this service (even if Sinocastel has been informed of the possibility of such losses). Notwithstanding any contrary provisions in this Agreement, Sinocastel 's total liability to the User, regardless of the cause or manner of action, shall never exceed the amount of fees (if any) paid by the User to Sinocastel for the use of the Services provided by Sinocastel.
7. User Consent
7.1 By agreeing to submit personal information through the FMS Fleet App, you agree to this Privacy Policy and explicitly agree to process your personal information in accordance with this Privacy Policy. We may process your personal information in the country where the information is collected or in other countries.
7.2 Information We Collect
1）Collection and Use of Personal Information
Sinocastel respects and protects the personal privacy of all users. We will not proactively disclose your registered user name, email address, social account, contact information and other personal information required by laws and regulations to third parties without your personal permission or in accordance with the mandatory provisions of relevant laws and regulations.
Some services provided by this software will require you to enter your personal information and device data, such as mobile phone number, email address, social account information, physical characteristics, city, etc. When you use the FMS Fleet App to manage your device, we will collect device data, device SIM card number, set phone book, vehicle detection and driving behavior, etc. When you use the FMS Fleet App to upload historical data to us, we will collect your relevant personal information and device data; when you place an order in the FMS Fleet Mall or renew your fee online, we will collect the recipient's name, address and phone number. Some services will provide you with data synchronization, sharing and storage functions. In order to realize the above services and functions, we will collect and store the data you input, upload, download or obtain. Although we have taken sufficient and reasonable measures to ensure the security of such data, no security measures are perfect or impenetrable. We will not use such data to identify any individual under any circumstances.
2）Collection and use of non-personal information
"Non-personal information" refers to information that cannot identify a specific individual. For example, you access various hardware data of smart hardware through this software, including but not limited to device self-test data, surrounding environment quality, frequency of use, device model and other device-related data. The above data information is anonymous, and we will also encrypt the information to ensure the security of the information. By collecting this information, we can understand how to make our website, products or services more in line with customer needs. Sinocastel may collect, use, transfer, and consider disclosing this information for other purposes at its sole discretion.
3）Personal information obtained from other resources
We may obtain your personal information through other resources including mail, telephone or fax. We may combine this information with your information we have collected through this network to improve the products and services we provide.
4）User Feedback
If you provide us with feedback on this website, we will also keep your personal information contained in the feedback confidential in accordance with the provisions of this clause, and we will also use this feedback information to better improve our products and services.
7.3 The information you input and store in this software and the data collected by this software will be used by Sinocastel within the reasonable scope to implement and improve platform services and legal provisions. Sinocastel may work with its partners to provide you with the services you have requested or to jointly show you and provide content and services that may be of interest to you. You agree that Sinocastel may share necessary information when the information is necessary for this service . However, the above sharing does not include any of your identifying information, and Sinocastel will require it to ensure data security and prohibit any other use. In addition, Sinocastel will not provide or share information with any unrelated third parties. Sinocastel may collect statistics on product usage. At the same time, these statistical information may be shared with the public to demonstrate overall usage trends of our Services. These statistics do not contain any personally identifiable information about you.
7.4 Disclosure of Personal Information
We may disclose your information in the following circumstances:
（1）With your prior authorization;
（2）When you use the sharing function;
（3）In accordance with the requirements of laws, regulations, legal procedures or mandatory requirements of government authorities;
（4）For the purpose of academic research or public interest;
（5）To safeguard the legitimate rights and interests of Sinocastel , such as finding, preventing, and handling fraud or security issues;
（6）In accordance with the relevant terms of service or usage agreement.
7.5 Others
Based on the operational considerations and needs of the FMS Fleet App, this software may contain some third-party services, content or links that are not Sinocastel . Since the content of these third parties is not controlled by Sinocastel , Sinocastel does not control the privacy protection measures of third parties, and the privacy protection measures of third parties are not bound by this policy. Any information you choose to provide to third parties unrelated to Sinocastel is not within the scope of application of this privacy policy. Please review and comply with the relevant privacy regulations published on these third-party services and websites.
8. Agreement Update
We have the right to modify these Terms from time to time in accordance with the updates of national laws and regulations and the needs of application programs and website operations. The modified Terms of Service will take effect once posted on this site and will replace the original Terms of Service. Users can log in at any time to view the latest Terms of Service. If users do not agree to the updated Terms of Service, they should immediately stop accepting the services we provide; if users continue to use the services we provide, they will be deemed to agree to the updated Terms of Service. We recommend that you read these Terms of Service and the announcements of this site before using this site. If any provision of these Terms of Service is deemed to be repealed, invalid or unenforceable for any reason, that provision shall be deemed to be separable and shall not affect the validity and enforceability of any remaining provisions.
9. Jurisdiction and Applicability of Law
The formulation, execution, interpretation and dispute resolution of these Terms of Service shall be subject to the laws currently in force in the Hong Kong Special Administrative Region of the People's Republic of China. If any content of these Terms of Service conflicts with the applicable law, these terms will be reinterpreted in full accordance with the law, and other valid terms will continue to be valid. If any dispute arises between the contracting parties regarding the content of these terms or their execution, the parties shall try their best to resolve it through friendly negotiation; if the negotiation fails, either party may file a lawsuit at the location of Sinocastel .
10. Others
10.1 These Terms of User Agreement constitute the entire agreement or understanding between you and Sinocastel regarding the use of the FMS Fleet Software Service.
Sinocastel has the right to interpret these Terms of User Agreement within the scope permitted by law.
10.2 All titles in these Terms of User Service are for reading convenience only and have no actual meaning in themselves. They shall not be used as the basis for the interpretation of the meaning of these Terms of User Service.
10.3 The owner of FMS Fleet refers to the operating entity of the FMS Fleet App that is legally permitted or filed with the government department.
10.4 We respect the legal rights of users and consumers. These Terms of Service and various rules, policies, statements and other content published on this site are all for providing better and more convenient services to users and consumers. FMS Fleet welcomes comments and suggestions from users and the public. We will humbly accept and modify the Terms of Service and related policies and rules in a timely manner.
10.5 Users are requested to read carefully the clauses in bold or other prominently marked in this Agreement.
10.6 Your completion of registration and becoming a registered user of FMS Fleet means that you fully accept the Terms of Service. Before registering, please confirm again that you have known and fully understood all the contents of the Terms of Service.