Terms & Conditions

By accessing these applications / portals / platforms :- https://www.fieldtrack360.com/ and other as may be launched from time to time(hereinafter referred to as “Website”, “Platform” and/or “Application”, which shall mean and be used interchangeably having the same meaning) is developed, operated and maintained by Devstree IT Services Private Limited (“The Company”), a company, having its office at: at B – 220, Money Plant High Street, Near Ganesh Glory, Jagatpur Road, S.G. Highway, Ahmedabad – 382470, Gujarat, India. You agree to be legally bound by following terms and conditions and other incidental or related aspects for use. 

Before you use the platform, you must read all of the terms and conditions (”Terms”) herein and the Privacy Policy provided on the Website. 

You must be at least [18] years of age to use our platform / website; by using our platform and agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age; Audience less than 18 years of age should register with credentials of Parent(s) and/or Legal Guardian. Platform shall not be responsible to validate and authenticate your age, however, platform reserves the right to optionally / randomly conduct checks to verify the correctness of legal age of any person registering on the Platform. 

“we”, “our” and “us” means “the company”, “Business User”, “Client” or “Subscriber”  means any company, firm, organisation, or legal entity that subscribes to the Platform and administers the use thereof; “End User” or “Field Employee” means any individual employee, agent or personnel authorised by a Business User to access and use the mobile application and associated features of the Platform; “you”, “user” and “your” means, as the context requires, a Business User and/or an End User accessing or using this Platform. 

It is strongly recommended to you to visit this page periodically to review the most current version of the Terms and Conditions. The Company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this platform signifies your acceptance of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the platform in any way, you should immediately terminate the use of this platform. Should parts of this information not or no longer comply with applicable law, the remaining parts of the information remain unaffected in terms of its content and validity. 

PART A: GENERAL TERMS AND CONDITIONS OF USE 

This Terms and Conditions is an Electronic Record published in terms of Information Technology Act, 2000 and Digital Personal Data Protection Act, 2023 of India and generated by a computer system and does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 issued under the aforesaid Act. 

Before you further use this Platform, you must read all of the terms and conditions specified (all sections of this Platform including but not limited to the General Terms and Conditions of Use, the Special and Additional Terms and Conditions of use and Privacy Policy provided on this Platform) collectively hereinafter referred to as the Agreement. 

By using Product, Software, Services and the Platform (hereinafter referred to as Services), you hereby confirm to having accepted the Agreement, with immediate effect. 

If you do not agree to the aforesaid paragraph, please do not proceed to further on this Platform. 

If this Agreement conflicts with any other document(s), this Agreement will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use), the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable. 

GENERAL 

To the extent that any provision of this Agreement/ Terms and Condition is found to be invalid, unlawful or unenforceable you agree that the courts at Ahmedabad shall have exclusive jurisdiction over the matter and shall endeavour to give effect to the Parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. 

Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of the company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The company does not guarantee it will take action against all breaches of this Agreement. 

Except as otherwise expressly provided in this Agreement there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement, subject to specific provisions herein, between you and the company and governs your use of the Platform and the Services, superseding any prior agreements or any communication written or oral by any mode between you and the company with respect to the Platform and/or the Services. 

DESCRIPTION OF SERVICES/ PURPOSE 

Any person who accesses, browses, or uses this Platform shall be deemed to have read, understood, and agreed to be bound by these Terms and Conditions, all applicable copyright policies, and all applicable laws and regulations, irrespective of whether such person avails any paid or unpaid services through the Platform. 

While accessing or using the Platform, users may voluntarily provide certain information including but not limited to business details, contact information, store details, or other information required to facilitate the provision of workforce management services. By using the Platform, users expressly consent to the collection, storage, processing, and use of such information by the Company in accordance with applicable laws. While using and accessing this platform, user provides consent to store various information of user like name, address, email, phone number, user’s option to register through Gmail/Facebook, geographical location etc. User understands that some or all of these may be specified under personal information and user unconditionally provides Company their consent to store, use, process, transmit etc., this information. Additionally, user provides consent to Company allowing Company to use various analytics tools like Google / web analytics etc., over such data of user. Company further collects and store other information that may include, users name, number email etc., but not limited to, to which user completely provides their consent hereof. 

This is a Software-as-a-Service (SaaS) platform that enables businesses to manage, monitor, and optimize their field workforce operations through a centralized digital interface. Through this Platform, services such as employee attendance tracking, real-time GPS-based location monitoring, task allocation, route optimization, visit reporting, and expense management are provided to organizations with field personnel. We shall endeavour to provide to its users, through the Platform, access to tools and functionalities that facilitate efficient workforce supervision, performance tracking, and operational visibility. Further details related to the services may be availed from the above-mentioned website(s) 

The User shall be bound by the Terms of Use and policies existing in Company and other applicable laws for any purpose regardless of whether the User is availing any paid services or not. 

Services availed by the user to access this Platform may involve fees of third- party opted by you (such as internet service provider or airtime charge) in addition to any other fees levied or payable separately under this Agreement which shall be borne solely by the users. Any information or data provided by the users shall be used solely for the purpose of facilitating access to workforce management services, improving the Platform, complying with legal or regulatory requirements, or enhancing user experience, and shall not be used for any unrelated purpose. 

The Company reserves the right to modify, amend, update, suspend, or introduce additional terms, features, or conditions to the Platform or the services at any time, including as may be required by applicable laws, regulatory authorities, or partner institutions, without prior notice. 

PROPRIETARY RIGHTS 

You acknowledge and agree that the Company owns all legal rights, titles, and interests, including intellectual property rights, in the Platform and its content. The copyright and ownership of the Site and its content are solely with the Company. You further acknowledge that the Platform may contain information which is designated confidential by the company and that you shall not disclose such information without the company’s prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform.  

The trademarks, logos, designs and service marks (“Marks”) displayed on this Platform are the property of the Company (and/or the respective institutes, organizations, publications etc., respectively) and shall always remain the sole property of the Company. Trademarks and domain name of the Platform also vests with the Company. Marks that have been applied for registration and the unregistered trademarks shall also be the sole property of the Company. You do not have the right to use any of the company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services or on the Platform. You will not copy or transmit any of the Services, components of service, data, details or information. You are strictly prohibited to modify, copy, alter, change, distribute, display, publish, transform, transfigure and/or mutate any part of the Platform and/or the Services outside the platform and/or in any manner apart from the one permissible on the platform from time to time.   

The Company’s Platform (including the current website, mobile application and any future versions or launches) respects the intellectual property rights of its clients, partner organizations, technology providers, service providers, and other third parties, and expects all users accessing or using the Platform to do the same. Users agree to comply with all applicable confidentiality obligations and other relevant provisions of this Agreement while accessing or using the Platform, including with respect to information, data, content, systems, employee-related data, location data or materials belonging to the Company and/or its clients (business users), employees (end users), technology partners, service providers or other associated entities. Such obligations shall apply not only towards the Company but also towards all respective third parties associated with the services made available through the Platform. 

Users are bound by confidentiality and other clauses to respect intellectual property rights. 

USAGE OF THE PLATFORM: 

The Company grants users a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for the purpose of managing, monitoring, and optimizing field workforce operations, including employee attendance tracking, real-time GPS-based location monitoring, task allocation, reporting, and related business functions by business users (companies) and authorized end users (field employees). This limited enables users to utilize the platform’s workforce management tools and view operational data and analytics generated through such use 

This limited license does not permit users to copy, reproduce, extract, modify, distribute, or otherwise use any information, data, or content available on the Platform in any form for the benefit of any other individual, vendor, or third party, nor does it permit caching, scraping, framing, mirroring, or creating unauthorized hyperlinks to the Platform or its content, including employee data, location data, reports, dashboards, or any workforce-related information. 

By using the Platform, you agree not to: 

1. Use this Platform or its contents for any purpose other than as defined in the Platform. 

2. Make any speculative, false, or fraudulent data entries, attendance logs, task updates, or expense submissions or any transaction in anticipation of demand. 

3. Access, monitor or copy any content or information of this Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; 

4. Violate the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to this Platform. 

5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure. 

6. Deep link to any portion of this Platform (including, without limitation, any dashboards, reports, or administrative panels) for any purpose without our express written permission; or 

7. “Frame”, “Mirror” or otherwise incorporate any part of this Platform into any other Platform without our prior written authorization. 

8. Use, post etc., any content which is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force, including misuse of employee personal or location data. Such act may constitute of criminal proceedings against the user at his/her own risk, damage and consequences. 

9. Breach any restrictions, guidelines that may be imposed by competent authorities from time to time 

10. Use Downloaded Content upon or after the expiration of the Use Period and acknowledge that any expired Download Content will be automatically deleted from User without further notice to user. 

11. Remove any proprietary notices or labels on the Site or Site Content. 

12. Use the Site, Site Content or Service, or any portion thereof, for any purposes which are unlawful in any nation or jurisdiction in the world or for any commercial purpose whatsoever. 

13. Use the Site, Site Content or Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. 

LOCAL LAWS 

The company controls and operates this Platform from its headquarters in Gujarat, India and makes no representation that the Services offered on the Platform are appropriate or available for use in other locations or jurisdictions. Unless otherwise explicitly stated, all features, functionalities, and service offerings found on this Platform are solely directed to business users (companies/organizations) and their authorized personnel (including field employees) located in India and comply with the laws prevailing for the time being in force in India. By agreeing to these terms and conditions of use, you confirm and undertake that neither you nor any of your representatives shall have the right to challenge the governing law and jurisdiction as more specifically set out herein and/or in Part B (Special and Additional Terms and Conditions) as the case maybe. 

SUBMITTED CONTENT 

The Company does not claim ownership or rights over any information, data, documents, or materials (“Materials”) provided by you on the Platform. However, certain features, integrations, or tools within the Platform may involve third-party content, owned by those respective third party content providers. The Company does not claim ownership or accuracy of such third party content. The Company may, at its discretion, incorporate these Materials into the Services either wholly, partially, or in modified forms.  

By submitting or making Materials available on the Platform, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials, including the use of your name in connection with such content, unless otherwise agreed by the Company. 

You hereby represent, warrant and covenant that any Material you provide do not include anything to which you do not have the full right to grant the license specified in this Section. In case any liability arises on the company then you shall be solely liable and shall indemnify the company. We take no responsibility and assume no liability for any Material and its content posted or submitted by you. We have no obligation to post your Material or comments; we reserve the right in our absolute discretion to determine which Material/comments are published on the Platform. If you do not agree to these terms and conditions, please do not provide us with any Material/content for submission. You agree that you are fully and solely responsible for genuineness, veracity and authentication of the Material and content you submit. 

You are prohibited from posting or transmitting, including but not limited to the following, to or from this Platform: 

Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services) unless specifically required by the company. 

Any unauthenticated or manipulated data (in any form) leading to forgery. 

Any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. 

Any unauthorized disclosure or misuse of employee personal data, sensitive information, or location data in violation of applicable data protection or employment laws. 

Any noncompliance/breach/infringement of the above shall entitle the company to take strict actions as it deems fit against you. You shall be solely liable for any damages, claim, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform. 

LIMITATION OF LIABILITY 

The company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, and providers (hereinafter referred to ”The company’s Associates”) will not be responsible or liable for: 

(a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: 

1. Any failure or delay (including without limitation the use of or inability to use any component of the Platform), or 

2. Any use of the Platform or content or Services, or 

3. The performance or non-performance by us or the company’s Associates, even if we have been advised of the possibility of damages to such parties or any other party, or 

4. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or 

5. Inaccuracies or interruptions in GPS tracking, location data, or attendance records arising from device limitations, network conditions, or third-party mapping service failures. 

6. Any employment dispute, claim, penalty, or regulatory proceeding arising from a Business User’s use of the tracking, monitoring, or data collection features of the Platform, including any failure to obtain employee consent. 

7. any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Platform or your downloading of any Service/content from the Platform. 

8. any unanticipated, unforeseen damages, risk and/or claims that may arise due to usage of this platform 

In no event shall company, its affiliates, directors, employees, advisors, service providers and/or licensors etc., be liable to user for any claims, proceedings, liabilities, obligations, damages, losses and/or costs in a total maximum aggregate amount exceeding the amount user / client has paid to Company hereunder. 

INDEMNITY 

You agree to indemnify, release and hold harmless the Company and the Company’s Associates, employees, advisors, third party service providers from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to breach of this Agreement, violation of any law or the rights of a third party, or use of the Platform/Services. 

ELECTRONIC COMMUNICATION 

When you use the Platform, you are communicating with the company electronically. You consent to receive communications from the company electronically. The company may communicate with you by email or by posting notices on the Platform or by phone or usually available means of communication. You agree that all agreement, notices, disclosers and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to visit our terms and condition & Privacy policy on company’s website periodically (at least once in a year) and in case you do not agree to the same, kindly cease the usage of the platform immediately. 

LINKS AND BROWSER EXTENSION 

The Platform or third parties may provide links to other web sites or third-party resources solely for your convenience and information only. The company is not responsible for the availability of such third-party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third-party content, advertisements, products or other materials on or available from such third-party sites or resources. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such third-party site or resource. Company reserves the rights to store and process the browsing history as may be required for internal analysis purposes. 

MODIFICATION AND NOTIFICATION OF CHANGES 

The company reserves the right to make changes to the Platform, Services, related policies, payment terms and agreements, this Agreement (all sections) and the Privacy Policy at any time. You are advised to refer this Agreement from time to time. If you choose to continue using the Platform, you agree that by doing so you will be deemed to accept the Agreement. 

SURVIVAL OF TERMS AFTER AGREEMENT ENDS 

Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement. 

FEEDBACK 

Please feel free to share your feedback with us. We will assume no responsibility for reviewing unsolicited ideas. Please do not reveal trade secrets or other confidential information in your messages to the company. Any and all rights to materials submitted to us become the exclusive property of the company. The company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the company in good faith shall use its best efforts to use the same in a positive way and shall endeavour to take reasonable efforts to improve/improvise the Platform to the extent possible. 

PART B  

SPECIAL AND ADDITIONAL TERMS AND CONDITIONS 

[In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to Users In Case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.] 

Users are mandatorily required to review, accept and confirm such special and additional terms and conditions before accessing and using the Services available in such specific categories/services. By accessing these categories/ sections, you agree to be bound by any such special and additional terms and conditions. All registered users shall ensure compliance with the following terms and conditions at all times through the Platform of the company (the term shall hereinafter deem to include its third-party partners, employees, affiliates, agents and representatives where the context so requires). In the event the special and additional terms and conditions are inconsistent with any part or portion of Part A of this Agreement, the special and additional terms and conditions of Part B being specific in nature shall control and take precedence. 

AUTHORIZATION 

The User hereby authorize and provides the consent to the company to act through the Platform as a technology service provider and SaaS intermediary for the purpose of enabling field workforce management services between the Business User and its Field Employees, purely for commercial and non-commercial operational purposes. Accordingly, the Company is entitled to provide the Platform infrastructure, process data inputs, and facilitate the technical operations required to deliver the Services as described in this Agreement and the applicable Subscription Terms. 

DISCLAIMER 

As a technology intermediary and SaaS provider, the company’s Platform shall purely facilitate he provision of field workforce management tools and the technical infrastructure required by the User. It is the obligation of the User to ensure that all data uploaded to or generated through the Platform is accurate, lawfully obtained, and used in accordance with applicable law. The Company is at no stage required to check the accuracy, or lawfulness of any information, data, or employment-related decision communicated through or resulting from use of the Platform. 

The company and its Platform in no event or circumstance can be held responsible or liable for any employment dispute, regulatory action, data breach, costs, expenses, and/or claims that may arise due to the User’s use of GPS tracking, monitoring, task assignment, attendance management, or any other operational feature of the Platform. Each User of the Platform and the Services offered is responsible for carrying out its independent legal review, employee communication, consent processes, and compliance checks before deploying the Platform in its workforce operations. 

CONFIDENTIALITY 

The company has used reasonable endeavours to get best possible securities for its data center however in case of any data theft/hacking/attack/any event beyond its control, the company does not guarantee data security and accepts no responsibility or liability for any loss or damage arising as consequence of such event/s. All information shared by the user with the Platform and/or the company shall deem to be confidential information and the Platform has put in reasonable and appropriate protective measures to ensure that confidentiality of the same is protected.  

The Platform shall have the right to share the user information with the third parties, service provider, regulatory and/or statutory authorities and/or any other agency as maybe required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on need-to-know basis. All information shared by third parties with the user on the Platform shall also be treated as confidential information (unless the same is available in public) and the user shall take appropriate and reasonable measures in its system to protect the same at its end. Any breach or negligence in this regard at the user’s end leading to any third-party claims on the user, the company and/or the Platform shall be handled and settled by the user at its own cost and expense and the company shall not be responsible or liable for the same. 

INDEMNITY 

A breach or non-compliance of these Special Terms and Conditions by the user can cause severe and irreparable loss and damage to the company, the Platform and/or a third party. The company and the Platform reserve their right to recover all losses, costs and expenses incurred in case the users breach or fails to comply with any of the provisions of this Part B. 

DISPUTE RESOLUTION 

If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (Terms of Use, Part A, B and Disclaimers) the disputing Parties hereto shall endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.   

If the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration. 

If the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, either Party may initiate arbitration under the Arbitration and Conciliation Act 1996 as amended by the Arbitration and Conciliation (Amendment) Act 2015 and applicable rules as in force, by appointing sole Arbitrator agreed upon by the Parties. The arbitration will be held in Ahmedabad, Gujarat, India in English. Any arbitral award may be entered and enforced in the courts of Ahmedabad, Gujarat, India, which have exclusive jurisdiction over arbitration-related matters. The decision of the arbitrators shall be final and binding on the Parties. 

Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and, on your behalf, shall raise a ZERO COMPLAIN (from any jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein. 

GOVERNING LAWS AND JURISDICTION 

This Agreement (Terms of Use-including part A and B) and the relationship between you and the company will be governed by the laws of the India without regard to its conflict of law provisions. Subject to the above, the courts located in Ahmedabad, Gujarat (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement. 

Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a Zero Complain/ Zero FIR (from any Jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein and/or in the Special and Additional Terms and Conditions as the case maybe. 

SPECIFIC WARRANTIES 

It is to be clarified that the role of the company and/or its Platform is limited as a technology intermediary and SaaS service provider for field workforce management. The company and/or its Platform are not responsible for any employment, operational, or managerial decision or non-decision made by the Business User on the basis of data or reports generated through the Platform. All information in this Platform is provided “as is” without warranties, expressed or implied, or representations of any kind. To the fullest extent permissible under applicable law, the company will not be liable for the quality, accuracy, completeness, reliability or timeliness of this information, or for any direct, indirect, consequential, incidental, special or punitive damages that may arise out of the use of this information by you or anyone else. To the fullest extent permitted by law, the company will not be liable to you or anyone else under any tort, contract, negligence, strict liability or other theory with respect to information made available by the company through its Platform or by other means. 

User / third party / users or any other person in no way permitted to promote / represent / market /portray the company in such a manner that it may damage the repute and brand image of the company. 

You hereby confirm by clicking on “I Accept” for having read and understood the Agreement (Terms of Use, all sections – Part A & Part B, Privacy Policy, Refund Policy and Disclaimers, are construed to make total and complete agreement) and accept the same in its entirety. You agree to be bound by all the provisions and sections of this Agreement (as applicable to you). Any breach, violation or non-compliance of the same shall entitle the Company, its representative and/or the Platform to take necessary action including legal action against you. 

You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.