[BY DOWNLOADING ANY APPLICATION YOU ARE CONSENTING TO OUR COLLECTION AND USE OF PERSONAL INFORMATION (“PII”) AND OTHER INFORMATION YOU PROVIDE, AND TO THE USE OF AUTOMATICALLY COLLECTED INFORMATION, INCLUDING BUT NOT LIMITED TO THE LOCATION OF YOUR MOBILE DEVICE AS SET FORTH IN OUR PRIVACY AND COOKIE NOTICE. IF YOU DO NOT WANT SUCH INFORMATION COLLECTED, YOU SHOULD NOT DOWNLOAD THE APPLICATION. YOU CAN STOP ALL COLLECTION OF INFORMATION BY UNINSTALLING THE APPLICATION. BY ACCESSING, DOWNLOADING AND USING THE APPLICATION, YOU ARE LEGALLY BOUND BY THESE TERMS.]
These respondent terms and conditions (“Terms”) govern and apply to your use of the services provided by Damoov Pte. Ltd, / Damoov Pte.Ltd. (“we”).
Such services include without limitation: (i) any study or surveys offered, provided, hosted, or administered by or through Datamotion (“Survey”); (ii) any Datamotion mobile application (“Application”); (iv) your eligibility for and/or redemption of any rewards, incentives, sweepstakes and prizes (collectively, “Rewards”) offered for certain actions and activities. (v) any other services offered, provided, hosted, or administered by or through Datamotion (collectively, and inclusive of all defined terms in this paragraph, the “Services”).
If you participate in the Services, Datamotion will use your information to help our clients better understand your annual
mileage, behaviours, needs and preferences. You acknowledge and agree that nothing in these Terms creates any obligation on the part of Datamotion to communicate with any manufacturers, retailers, or other third parties. We are not responsible for repairing, replacing, or improving any such product or service, and it is your responsibility to communicate with such third parties directly for those purposes. Please see Section 2 below (“Use of the Services”) and the Privacy and Cookie Notice for more information about our use of your information.
All references in these Terms to Datamotion include Datamotion Pte. Ltd and its parents, subsidiaries, and affiliates. By registering for, accessing, using, and/or participating in the Services, you hereby expressly agree to comply with and be bound by these Terms. Datamotion reserves the right to refuse, restrict, prohibit, or reject your access to, use of, and/or participation in the Services, at any time and for any reason.
Please note that your use of the Datamotion websites, including but not limited to Telematicssdk.com, and other web-sites registered under Damoov name and its parents, subsidiaries, and affiliates (each a “Website” and collectively the “Websites”), is also governed by the Website terms of use.
1. Eligibility
The Services are strictly for your personal, non-commercial use. You may use the Services only when and as available. No individual under the age of thirteen (13) may access, use, or participate in the Services without the prior written consent of a parent or guardian. As a general rule, Datamotion also requires consent of a parent or guardian if you are under the age of eighteen (18), but may, at its sole discretion, make exceptions from time to time.
2. Use of the Services
You acknowledge and agree that participation in the Services is voluntary. By participating in the Services, you agree to receive invitations to participate in the future. Additionally, Datamotion may provide you with the opportunity to communicate with other Users and/or Datamotion and Datamotion’s partners. For more information on how to unsubscribe from these or other Datamotion communications at any time, see Section 8 (“Opt Out Policy”) below.
As part of your access to, use of, and/or participation in Services, you may be required to disclose certain personally identifiable information (“PII”) to Datamotion. If such disclosure is necessary, you agree to provide truthful information. You acknowledge and agree that Datamotion will fully cooperate with all legal disclosure requests (e.g., a court order or subpoena), including those related to your PII. Please review Datamotions Privacy and Cookie Notice for more information on Datamotion’s privacy practices.
You acknowledge that you are accessing, using, and/or participating in the Services in the capacity of an independent contractor and that no agency,
partnership, join venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
3. Unauthorized Uses
You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any services, or Rewards (as defined herein); (ii) take any action to interfere with any Website or Application, or an individual’s use of any Website or Application, including but not limited to by overloading, “flooding”, “mail bombing”, or “crashing” any Website or Application; (iii) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including but not limited to spyware; (iv) collect any PII of or about any other user of the Services; (v) send unsolicited emails to Datamotion or any other user of the Services, including but not limited to promotions and/or advertising of products or services; (vi) forge or mask your true identity; (vii) frame any portion of any Website or Application within another website or application, or alter the appearance of any Website or Application; (viii) establish links from any other website to any page of, on, or located within any Website or Application, or establish links from any other website to the Services, without the prior express written permission of Datamotion; (ix) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content, or any material or content that could otherwise violate Applicable Laws (as defined below); (x) engage in any fraudulent activity, (xi) reverse engineer any aspect of the Services; (xii) take any action that might reveal or disclose the source code of any Website or Application; (xiii) bypass or circumvent measures or controls utilized to prohibit, restrict, or limit access to any content or code; (xiv) engage in any criminal or illegal act; (xv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xvi) encourage and/or advise any individual, including but not limited to any Datamotion employee, to commit any act prohibited hereunder.
4. Restricted Content
In connection with your use of, access to, and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to Datamotion or Datamotion’s clients, partners, or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content, and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of Datamotion. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section 4, in addition to any other rights or remedies available to Datamotion, Datamotion reserves the right to terminate, prohibit, or restrict your use of, access to, and/or participation in the Services.
Additionally, and without limiting the foregoing, you acknowledge and agree that Datamotion considers any research conducted for Datamotion and the information that is related to that research, including but not limited to any Surveys and studies to be Restricted Content. In consideration of your being permitted to participate in the Research, you agree that: (i) you will not disclose the Research, including your responses and comments and any ideas that are discussed and/or generated as a result of your participation in the Research (collectively, “Your Responses”), to anyone other than Datamotion; (ii) you will not, unless expressly permitted by Datamotion, use any audio and/or visual recording devices during Research; (iii) all right, title, and interest in the Research and the results thereof, including, for example, all copyrights, trademarks, patents, and other intellectual property rights, are owned by Datamotion, and Datamotion has not granted you any right, title, or interest in the Research or the results thereof, or any portion of either; (iv) if ownership of Your Responses does not for any reason vest in Datamotion, you then irrevocably transfer and assign all of your right, title, and interest in Your Responses to Datamotion; and (v) Datamotion may, in any manner that it desires, use Your Responses as it sees fit, including but not limited to sharing Your Responses with others.