These terms and conditions (“Agreement”) govern your access to and use of the “InspctIQ” mobile application. By accessing or using the Application, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you may not use the Application.
Section 1: Definitions
1.1. “Authorised User” refers to any individual or entity that accesses or uses the Application
1.2. “Condition Report” refers to a detailed record of the condition of a rented vehicle, created by the Authorised User through the mobile application, including photographs, time, location and date stamps, and any additional information provided.
1.3. “Damage Logs” refer to the records of vehicle damage documented by Authorised Users through the mobile application, including photographs, time and date stamps, and any additional information provided.
Section 2: Application Purpose and Limitations
2.1. The mobile application is designed to assist both businesses and car renters in creating accurate and reliable Condition Reports and Damage Inspection Logs for vehicles that are temporarily being given to another party, for example (but not limited to) vehicle rental, servicing a vehicle, using a company vehicle on a job etc, using photographs, time and date stamps, and additional information.
2.3. The Application owner does not mediate or participate in any disputes between Authorised Users, including those related to vehicle conditions, deposits, or rental agreements. Authorised Users are solely responsible for resolving any disputes independently.
Section 3: Your use of the Application
3.1 Our application is for your own personal and non-commercial use only.
3.2 When using our application and your Account, you agree not to:
3.2.1 attempt to undermine the security or integrity of our application, our computing systems or networks or, where the Services or Platform are hosted by a third party, that third party’s computing systems and networks. We will report any security breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them;
3.2.2 use, or misuse, the Services or application in any way which may impair the functionality of the Services or application, or other systems used to deliver the Services or Platform or impair the ability of any other Authorised User to use the Services or Platform;
3.2.3 attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services or Platform are hosted;
3.2.4 transmit, or input into the Services or Platform, any files or data that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
3.2.5 create system links to our Application unless we give you prior written consent;
3.2.6 attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver our Services or to operate our Platform except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
3.2.7 impersonate any other person while using our Platform;
3.2.8 conduct yourself in a vulgar, offensive, harassing or objectionable manner while using our Platform; or
3.2.9 use our Application for any unlawful purpose.
3.3 If you use any communication tools available through our Application (such as any forum, chat room or message centre), you agree only to use such communication tools for your domestic purposes and in accordance with the law. You must not use any such communication tool for posting or disseminating any material unrelated to our Platform or for advertising or marketing purposes.
3.4 When you make any communication on our Application, you represent that you are permitted to make such communication. Any communications shall be conducted in a courteous manner. We are under no obligation to ensure that the communications on our Platform are legitimate or that they are related only to the use of our Services.
3.5 You may have other rights granted by law, and these Terms do not affect these except if the two are inconsistent. If this is the case then these Terms will override any other rights which you may have, unless this is not permitted by law.
Section 4: Authorised User Responsibilities and Obligations
4.1. Authorised Users are solely responsible for their use of the Application, including the accuracy, completeness, and integrity of the Condition Reports and Damage Inspection Logs they create.
4.2. Authorised Users must ensure that the photographs taken through the Application accurately depict the condition of the vehicle at the time of documentation.
4.3. Authorised Users agree not to misuse or tamper with the Application, its features, or the photographs taken through the Application. Any misuse or tampering is strictly prohibited and may result in legal action.
4.4. Authorised Users are responsible for keeping their login credentials confidential and agree not to share their account information with any third parties.
Section 5: Intellectual Property Rights
5.1. The Application, its content, features, and all intellectual property rights associated with the Application are owned by the application owner and protected by applicable copyright, trademark, and other intellectual property laws.
5.2. Authorised Users are granted a limited, non-exclusive, non-transferable license to use the Application solely for its intended purposes.
5.3. Authorised Users may not reproduce, modify, distribute, or create derivative works based on the Platform or any part thereof without the prior written consent of the application.
5.4 We may change, modify, amend or remove some or all of the functionality or content on the Application at any time and we reserve the right to remove any communication or any material held within the Application at any time at our sole discretion.
5.5 You agree that we are free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Application.
5.6 We and/or our licensors are the owners of our Application which includes (but without limitation) any software, applications and domains made available through it.
5.7 All intellectual property rights in our Application, and the content (except the personal information of you and other Authorised Users containing your and their Accounts), video, audio, graphics, logos, icons and service names which appear on the Platform belong, or are licensed, to us. You do not have any rights to such intellectual property except as expressly set out in these Terms.
Section 6: Data Privacy and Security
6.1. We are committed to protecting the privacy and security of Authorised User data. Please refer to the Company’s Privacy Policy for detailed information on how personal data is collected, used, stored, and shared.
6.2. The application and used cloud storage provider employees reasonable security measures to protect Authorised User data and photographs. However, the Company does not guarantee the absolute security of data transmitted or stored through the Platform, and Authorised Users acknowledge that they share data at their own risk.
Section 7: Assistance and Cooperation
7.1. We will make reasonable efforts to provide Authorised Users with original, untampered photographs taken through the Platform upon request, subject to any legal limitations or constraints.
7.2. Authorised Users may contact the application’s support team for assistance with any technical issues related to the Platform or general inquiries. The app support will endeavor to respond promptly and provide appropriate support.
Section 8: Modifications and Termination
8.1. The Application owner reserves the right to modify, suspend, or terminate the Application or any part thereof at its sole discretion, without prior notice or liability.
8.2. Authorised Users may terminate their use of the Application at any time by ceasing to access or use the Application and deleting their account.
Section 9. Limitation of liability
9.1 These Terms do not exclude or limit our liability (if any) for:
9.1.1 death or personal injury caused by Company’s negligence;
9.1.2 fraud;
9.1.3 fraudulent misrepresentation; or
9.1.4 any matter which it would be illegal for us to exclude or attempt to exclude.
9.2 We are only liable to you for losses which you suffer as a direct result of our breach of these Terms and which are reasonably foreseeable. We are not liable for any other losses including but not limited to loss of profits, contracts, goodwill or opportunity.
Section 10. Disclaimers
10.1 Other than as set out in these Terms the Application is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Application or the services or any information, content, materials or products included or referenced on the Platform.
10.2 We do our best to ensure that the information accessed through the Application is accurate and up to date but cannot guarantee that this will always be the case.
10.3 We aim to make the Application available to you all the time but sometimes it may be unavailable due to maintenance or to factors outside of our control, such as your network connection.
10.4 We follow industry standards and processes to prevent the introduction of viruses, malware and malicious attacks that may harm the Application or the device that you use to access the Application, but we cannot guarantee that the application will be totally free from viruses and malware.
10.5 We do not guarantee that the Application will be compatible with all hardware and software that you may use.
10.6 The Application may contain links to third party web programs that are not controlled by us. We are not responsible for the content, terms and conditions, offers or privacy policies of such programs. Your dealings with third party platforms are solely between you and the applicable third party and you should read their terms and conditions and policies before using them.
10.7 The application owner will not be liable in respect of any damage to or theft or breakdown of any Vehicle, or any related costs, including but not limited to loss of income or loss of use, and whether directly or indirectly incurred by an Authorised User or any other party.