Terms and Conditions of Use of the digital platform
Welcome to our Terms and Conditions that regulate access to and use of the digital platform whose Uniform Resource Locator (URL) is www.gasmonsoft.com.
To use the FSC Fuel Software Control digital platform, you must carefully read and understand the provisions set forth herein.
Introduction
FSC Fuel Software Control is a digital platform that optimizes the management of your vehicle fleet through the Uniform Resource Locator (URL) www.gasmonsoft.com. Those who wish to interact on the digital platform are subject to the following Terms and Conditions, and other policies and principles that govern it. Therefore, any person who wishes to access the digital platform will be conditioned on full acceptance of the stipulated Terms and Conditions and the regulations in force at the time the person enters the website with domain www.gasmonsoft.com. If you do not share or agree with the Terms and Conditions governing the operation of the digital platform, you must refrain from entering the website since GASMONSOFT is not responsible for the improper use of the digital platform.
If you interact on the digital platform, you are obligated to read, understand and accept all the provisions established in the Terms and Conditions, and other published guidelines applicable to all products and services, with their respective modifications. By registering or otherwise using the service, or accessing any content or material published on the digital platform, you are entering into a binding contract with GASMONSOFT, and therefore accept them and commit to their fulfillment. If you cannot fulfill the obligations described herein, do not use the service or the content of FSC Fuel Software Control.
Persons who decide to enter the website from other countries or who, due to their nationality or origin, are not familiar with Mexican laws, expressly agree to be subject in all their contractual and non-contractual relationships with GASMONSOFT to Mexican regulations. Therefore, any dispute or claim that cannot be resolved directly by the parties shall be expressly submitted to the jurisdiction of the Courts of the city of Tuxtla Gutiérrez, Chiapas, Mexico, waiving any other jurisdiction that may correspond to them by reason of their domicile or any other circumstance.
Furthermore, GASMONSOFT is not responsible for the platform content not being suitable in other countries, so it is the user's responsibility to access this website in countries where it is not prohibited.
DEFINITIONS
For the purposes of this agreement, the User acknowledges the following concepts, which may be used interchangeably in singular or plural and are defined as follows:
- GASMONSOFT: Refers to the company GASMONSOFT, S.A. DE C.V.
- FSC Fuel Software Control: A digital platform that optimizes the management of GASMONSOFT clients' vehicle fleet through the virtual environment of the website www.gasmonsoft.com and its mobile application.
- Client: The individual or legal entity that requests and contracts the technical and professional services of GASMONSOFT.
- Quote: The service proposal that GASMONSOFT delivers to the client based on the client's needs.
- User: The individual who manages the operation of the client's land fleet through FSC Fuel Software Control.
- Service Agreement: Legal agreement establishing the services provided by GASMONSOFT to the client.
- Software License Agreement: Legal agreement in which GASMONSOFT grants the client and its Users the temporary right to use FSC Fuel Software Control under specific terms.
- Communication box: Physical component that houses and protects key information about a vehicle unit and its operator.
- Fuel sensor: Device that measures fuel consumption in real time, designed to precisely monitor the fuel usage of each client vehicle unit.
- GPS: Global positioning system that allows the client to determine the precise location of their land fleet.
- Fuel card: Physical payment method issued by MasterCard and delivered by GASMONSOFT to the client so that the client can purchase fuel for each of their vehicle units, thereby better managing expenses and achieving greater control and efficiency in their fleet's fuel consumption.
- Ticket: Receipt provided by the gas station to the operator upon completion of a fuel refill for their vehicle unit.
- Privacy notice: Document available to the data subject in physical, electronic or any other format generated by the data controller, from the moment their personal data is collected, in order to inform them of the purposes of processing such data.
User Registration
To browse the website with domain www.gasmonsoft.com, you are not required to enter your personal data, as you will remain anonymous during your visit. Only when you register as a User will your personal data be incorporated into our database, used solely to provide our services. If you have given your express consent, and as long as you do not revoke it, it will also be used to send you commercial information that may interest you such as promotions, coupons and news (please review our PRIVACY NOTICE).
Remember that to manage your vehicle fleet and its fuel consumption through the website with domain www.gasmonsoft.com and our application called FSC Fuel Software Control you need to open an account. To open an account, you must register your personal data and choose a password for access. This will allow you to monitor and control your vehicle fleet's fuel consumption, as well as collect key information about those vehicles and their operators.
Eligibility
We appreciate that you want to use our services or acquire our products, but you should be aware of some limitations on who can use or acquire our products.
You cannot use our services and/or acquire our products:
- If you do not have the legal capacity to contract or subscribe a binding agreement with GASMONSOFT.
- If you are 17 years of age or younger, you must refrain from creating an account, uploading content or sharing personal information with us.
- If you have previously been prohibited from using our services.
- If you are the legal representative of a legal entity, you must have full capacity to legally bind and obligate it.
Data Collection
GASMONSOFT collects the personal data necessary for the proper provision of services required by its clients and Users. Therefore, the User will provide identification, location, geolocation, contact, or any other type of personal data at the time of registering and using the digital platform www.gasmonsoft.com and our application called FSC Fuel Software Control. The personal data collected will be used to monitor and control the fuel consumption of the client's vehicle fleet, as well as to collect key information about those vehicles and their operators.
Client Obligations
- Ensure that their Users register with correct and truthful data through the digital platform www.gasmonsoft.com and our application called FSC Fuel Software Control.
- Accept the Terms and Conditions and other privacy policies and conditions stipulated through the digital platform www.gasmonsoft.com and our application called FSC Fuel Software Control.
- Accept the service and/or product conditions included in the Service Agreement and Software License Agreement.
- Make full payment for the contracted services and products.
User Obligations
- Register with correct, truthful and up-to-date data, including company data, department, full names of operators, vehicle data, routes, tickets and fuel cards.
- Accept the Terms and Conditions and other privacy policies and conditions stipulated through the digital platform www.gasmonsoft.com and our application called FSC Fuel Software Control.
- Accept the service conditions through the digital platform www.gasmonsoft.com and our application called FSC Fuel Software Control.
Services and/or Products
The services offered by GASMONSOFT primarily consist of granting its clients the use and exploitation of digital infrastructure (digital platform and mobile application) that allows its Users to manage, monitor, and control the fuel consumption of the clients' vehicle fleet, as well as collect key information about those vehicles and their operators. In turn, the products offered by GASMONSOFT primarily consist of the commercialization and installation of communication boxes, fuel sensors, GPS and fuel cards.
Therefore, the User who accesses the digital platform www.gasmonsoft.com and our application called FSC Fuel Software Control is subject to these terms and conditions, privacy policies, Service Agreement and Software License Agreement.
Payment for Services and/or Products
Prices will correspond to the products and/or services the client requires for managing, monitoring, and controlling the fuel consumption of their vehicle fleet. The price to be paid to GASMONSOFT will be the one previously accepted in the quote and confirmed in the Service Agreement. GASMONSOFT does not guarantee to maintain the prices of products and/or services once the term of the Service Agreement expires, nor is it responsible for any changes to these.
GASMONSOFT shall not be responsible for failures in banking entity communications, nor for damages caused to the client by the action or omission of such entities, nor shall GASMONSOFT be responsible for any interruption in the connection experienced by the client.
Once GASMONSOFT verifies payment, it may proceed with the acceptance and provision of the contracted services.
Fuel Card Payment
GASMONSOFT offers you a fuel purchase card service designed to help you better control and manage your expenses, allowing you to achieve greater control and efficiency in your fleet's consumption. The card is issued by our commercial partner MasterCard, so in no case shall GASMONSOFT be responsible for failures in the credit entity's communications.
Nor for damages caused to the client by the action or omission of said entity, nor shall GASMONSOFT be responsible for any interruption in the connection at the establishment terminal.
Refunds
GASMONSOFT does not issue refunds for any reason. For more information, please review the Service Agreement previously signed with GASMONSOFT.
Prohibited Actions
The following are prohibited by current laws and by GASMONSOFT:
- Entering false personal data.
- Manipulating prices.
- Introducing devices, such as viruses, that interfere with activities or affect websites with domain www.gasmonsoft.com, www.fuelsoftwarecontrolautoconsumo.com.
- Sending emails or messages containing or transmitting any type of virus to disrupt the normal operation of websites with domain www.gasmonsoft.com, www.fuelsoftwarecontrolautoconsumo.com.
- Any act causing damage or harm to the operation of websites with domain www.gasmonsoft.com, www.fuelsoftwarecontrolautoconsumo.com.
- Any act or event contrary to Mexican laws.
- Any act or product that induces deception through advertising or any other means.
- Any link that compromises the security of websites www.gasmonsoft.com, www.fuelsoftwarecontrolautoconsumo.com, such as transmitting or distributing any type of notices or messages containing viruses.
- Any act that infringes intellectual property rights over registered trademarks, trade or industrial secrets, or copyrights.
- Copying, reproducing or using the reputation or rating of FSC Fuel Software Control in any context.
- Any act or product that induces deception or a false appearance.
- Any act that generates reverse engineering of FSC Fuel Software Control.
In accordance with the above prohibitions, any client or user who engages in any of the aforementioned prohibited actions will be investigated by GASMONSOFT, which will sanction the client and user with the termination of the contracted service or commercial relationship.
Note: The list presented is illustrative but not exhaustive, so GASMONSOFT may consider any other harmful behavior by users as prohibited, including those indicated by current Mexican laws and their possible amendments.
Intellectual Property
FSC Fuel Software Control is protected by national and international regulations, and therefore does not grant you ownership rights, interest or title over it, nor over the content of other people using the services, registered trademarks, logos, copyrights, patents, industrial designs or other features of FSC Fuel Software Control. The client and User may use FSC Fuel Software Control only if authorized in writing through the Software License Agreement. Do not remove, hide or alter legal notices displayed on our websites www.gasmonsoft.com, www.fuelsoftwarecontrolautoconsumo.com and/or mobile application, or in their content.
Therefore, you must refrain at all times from:
- Using FSC Fuel Software Control for purposes contrary to law, morality, generally accepted good customs or public order.
- Reproducing, copying, distributing, or allowing public access to FSC Fuel Software Control.
- Suppressing, circumventing or manipulating any type of texts, legends or messages whose purpose is to protect intellectual property rights over the content, as well as the technical protection devices that FSC Fuel Software Control may contain.
- Distorting, mutilating or modifying in any way FSC Fuel Software Control.
- Using the content and, in particular, information of any kind obtained through FSC Fuel Software Control and the website www.fuelsoftwarecontrolautoconsumo.com.
Any unauthorized use of FSC Fuel Software Control will give rise to us initiating the necessary legal actions to safeguard our rights.
License of Use
GASMONSOFT grants the client a limited, temporary, non-transferable, non-exclusive and revocable license to use and exploit FSC Fuel Software Control, provided that it is subject to these terms and conditions, privacy policies, Service Agreement and Software License Agreement.
This license does not include:
- The resale or commercial use of FSC Fuel Software Control or its content.
- The collection and use of product, service or price listings from GASMONSOFT.
- Any derivative use of FSC Fuel Software Control or its content.
- Use of data mining, robots or data collection and extraction tools.
Any unauthorized use of FSC Fuel Software Control will give rise to us initiating the necessary legal actions to safeguard our rights.
Violation of Third-Party Rights
In the event that any client, user or third party considers that any of the content that GASMONSOFT has introduced into FSC Fuel Software Control or the website with domain www.fuelsoftwarecontrolautoconsumo.com violates their intellectual property rights, said client, user or third party must send us an email at protecciondatospersonales@gasmonsoft.com reporting the following:
- Personal data: Full name, physical address, phone number and email address of the claimant.
- Authentic or equivalent signature: with the personal data of the holder of the allegedly infringed intellectual property rights and/or their attorney.
- Precise and complete indication: of the allegedly infringed content, as well as its location in FSC Fuel Software Control or the website with domain www.fuelsoftwarecontrolautoconsumo.com.
- Express and clear statement: that the use of the indicated content was made without the consent of the holder of the allegedly infringed intellectual property rights.
- Express, clear and responsible statement: by the claimant that the information provided in the notification is accurate and that the use of the content would constitute a violation of their intellectual property rights.
Changes and Modifications
GASMONSOFT will review these conditions in a timely manner and will always publish the most updated version on FSC Fuel Software Control or the website with domain www.fuelsoftwarecontrolautoconsumo.com. If a revision substantially reduces your rights, we will notify you in a timely manner (for example, through a message to the email address linked to your account, on this page, among others). By continuing to use or access the services after the revisions take effect, you agree to be legally bound in accordance with the Terms and Conditions.
User Liability
The user shall be liable for damages that GASMONSOFT may suffer, directly or indirectly, as a result of non-compliance with these Terms and Conditions or applicable law. The User acknowledges and accepts that access to and use of FSC Fuel Software Control is done at their own account, risk and responsibility.
The user shall be responsible for taking appropriate measures and acting diligently when accessing FSC Fuel Software Control. Part of this diligence involves having protection programs, antivirus, for handling malware, spyware and similar tools. Furthermore, they must maintain copies of programs and data on the device through which they access FSC Fuel Software Control. Based on the foregoing, the User is solely responsible for maintaining the confidentiality of their username and password, committing to GASMONSOFT to immediately notify it of any unauthorized use of their account via the following email protecciondatospersonales@gasmonsoft.com.
GASMONSOFT Liability
GASMONSOFT and its respective employees and associated third parties do not guarantee that the use of FSC Fuel Software Control will be uninterrupted or error-free, nor does it guarantee the continuity, availability or proper functioning of FSC Fuel Software Control. Consequently, at any time and without prior notice, GASMONSOFT has the authority to block, interrupt or restrict access to FSC Fuel Software Control without any resulting liability (contractual or non-contractual) for us.
GASMONSOFT does not control or guarantee that the content is free of errors, viruses or other elements of a similar nature that may cause alterations in the user's computer system (software and hardware) or in the electronic documents and files stored therein. Under no circumstances shall GASMONSOFT or its related parties be liable for any direct, indirect, incidental, special or consequential damages arising from the use or inability to use FSC Fuel Software Control, including damages arising from reliance on information obtained on the digital platform or mobile application that causes errors, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any other type of operational failure, whether or not they represent financial losses.
Furthermore, GASMONSOFT does not guarantee the truthfulness, accuracy, completeness or timeliness of the content, nor does it guarantee the lawfulness, reliability, usefulness and/or suitability for a specific purpose of FSC Fuel Software Control. Therefore, it shall not be responsible for damages the User may suffer due to the absence or deficiency of such characteristics.
Therefore, by accessing FSC Fuel Software Control, you expressly accept that its use is done at your own exclusive responsibility and risk.
Denial and Withdrawal of Site Access
GASMONSOFT reserves the right to deny or withdraw access to FSC Fuel Software Control, at any time and without prior notice, to those users who breach these Terms and Conditions, or any other applicable provision.
Advertising
Organizations, products and/or services advertised by GASMONSOFT on FSC Fuel Software Control or the website with domain www.fuelsoftwarecontrolautoconsumo.com, as well as links, are not affiliated or have any relationship with us, so we fulfill no role in the production of those products and/or the provision of services and it does not constitute any guarantee, express or implied, of their content or suitability for a particular purpose. For example, when the use of any product and/or service is suggested, it is solely your decision whether to use it,
and therefore GASMONSOFT assumes no responsibility for direct or indirect, certain or contingent, past, present or future damages that may arise from such use.
In this way, transactions you make with third parties unrelated to GASMONSOFT based on advertisements for products and/or services, as well as visits to their websites through links, will be at your own account and risk, without in any way compromising the responsibility of GASMONSOFT.
Hyperlinks
Users and, in general, all those who intend to establish a hyperlink from their pages directing their browser to the website must comply with the following conditions:
- The hyperlink will only allow access to the main page of the website with domain www.gasmonsoft.com.
- No browser, frame or borderenvironment shall be created over the website pages.
- The hyperlink shall not have the purpose or effect of displaying website pages on a site not controlled by GASMONSOFT.
- No false, inaccurate or incorrect statements or indications about the website shall be made; in particular, it shall not be stated or implied that GASMONSOFT has authorized the hyperlink or has supervised or assumed in any way the content or services offered or made available on the webpage containing the hyperlink.
- Except for signs that form part of the hyperlink itself, the webpage on which the hyperlink is established shall not contain any trademark, trade name, establishment designation, denomination, logo, slogan or other distinctive signs belonging to or licensed by GASMONSOFT.
- The webpage on which the hyperlink is established shall not contain unlawful information or content, contrary to morality and generally accepted good customs and public order, nor shall it include content contrary to any third-party rights.
The establishment of the hyperlink does not have the purpose or effect of creating commercial relationships between GASMONSOFT and the owner of the webpage on which said hyperlink is established. Likewise, the establishment of the Hyperlink in no case has the purpose or effect of acceptance, approval or support by GASMONSOFT of the content, or of the services and/or content offered therein.
Cookies
GASMONSOFT may use cookies and similar technologies. Cookies are information packets that FSC Fuel Software Control servers send to your browser and that the browser returns each time you access the FSC Fuel Software Control servers.
GASMONSOFT may use cookies for various purposes, such as: (i) Facilitating the User's use of FSC Fuel Software Control; (ii) Collecting statistical data; (iii) Verifying information; (iv) Protecting information.
Some cookies expire when your account session ends and you log out of FSC Fuel Software Control. Others are saved on your computer's hard drive. If you want to block FSC Fuel Software Control cookies, use your browser's help button and follow the necessary instructions. However, GASMONSOFT informs you that if you disable cookies, it may become complicated, or even impossible, to optimally use FSC Fuel Software Control and its various features.
Data Protection
In compliance with the Federal Law on Protection of Personal Data Held by Private Parties and its regulations, please be advised that GASMONSOFT is responsible for collecting your personal data, its use and protection, in order to prevent unauthorized processing, as well as any type of alteration, destruction or damage to your personal data.
We inform you that the personal data you have provided us as the data subject will be part of our database to be used in accordance with the primary and secondary purposes set forth in the PRIVACY NOTICE. Likewise, GASMONSOFT informs that the rights available to data subjects are those contemplated in the Federal Law on Protection of Personal Data Held by Private Parties, Chapter III Rights of personal data held by private parties, Arts. 21 to 26, and Chapter IV Exercise of Access, Rectification, Cancellation and Opposition rights, Arts. 27 to 34.
The personal data from your fuel cards provided through credit card payments are stored directly by our commercial partner MasterCard.
Applicable Law
This agreement is governed by current Mexican laws. Consequently, all visits and all contracts and transactions carried out on FSC Fuel Software Control, as well as their legal effects, shall be governed by these rules and subject to applicable legislation in Mexico. Any dispute arising from the use of FSC Fuel Software Control and/or these terms and conditions of use shall be submitted to the jurisdiction of the competent courts of the city of Tuxtla Gutiérrez, Chiapas, Mexico.
Contact Us
GASMONSOFT attends to its followers who need to make inquiries or procedures via email at protecciondatospersonales@gasmonsoft.com, Monday through Friday (excluding public holidays as indicated by the Federal Labor Law in Mexico), from 9:00 to 17:00 hours.