These terms and conditions of use ("Terms of Service") of the Website (as defined below) between Maverick Labs Private Limited, d/b/a Tracko (hereinafter referred to as "Maverick Labs" or "Tracko") and the users/ registrants of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which Tracko offers You access to the Website and the Services (as defined below) through the Website.
www.tracko.co.in ("Website") is an Internet based portal owned and operated by Maverick Labs Private Limited, a company incorporated under the Companies Act 2013, with its registered office at GUT. NO. 172, A/P. Khupti, TAL. Newasa, Ahmednagar - 414603, Maharashtra, India and head office at RH5, Shroff’s Soleno ,Opp. Orchid Hotel, Pune-Bangalore Highway,Balewadi,Pune-45, Maharashtra, India and having CIN U72200PN2015PTC155118.Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Tracko at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
Tracko shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms of Service. The revised Terms of Service shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Service made available on the Website at the time of such use. You are requested to regularly visit the home page www.trasnporto.in to view the most current Terms of Service. You can determine when Tracko last modified the Terms of Service by referring to the "Last Updated" legend above. It shall be your responsibility to check these Terms of Service periodically for changes. Tracko may require you to provide your consent to the updated Terms of Service in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms of Service, will constitute your acceptance of those changes.
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Tracko system by Tracko for any reason whatsoever. If you do not conform to the above qualification, you shall not be permitted to avail of the Services or use the Website. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.
Tracko reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.
The Website requires you to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Tracko of any unauthorized use of Your Account Information or any other breach of security, and ensure that You exit from Your Account at the end of each session. Tracko cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may be held liable for losses incurred by Tracko or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Tracko has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tracko has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
Tracko strives to provide you with the best prices possible on services/products you buy or avail of from the Website
You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. Tracko expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
Tracko shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Tracko with our acquiring bank from time to time.
If your credit or debit card provider refuses a charge, the Services can be terminated or suspended without notice. You agree that we may not recognize any restrictive language that may be included with or on any method of payment, including (without limitation) the use on checks of the statement "payment in full." All return checks are subject to our then-current check return charge. You assume exclusive liability for any and all taxes, tariffs, fees, duties, withholdings or like charges, whether domestic or foreign now imposed or hereafter becoming effective related to the Services or its components, (other than those based on our net income) including, without limitation, all central, provincial, state and local taxes, as well as all value-added, goods and services, stamp documentary, excise and property taxes and duties. Payments not received within 30 days of any applicable due date are past due and we, in our sole discretion, may apply a late monthly charge of 2% per month (or the maximum legal rate, if less) on the unpaid balance.
Most service plans do not provide for pro rata refunds of unused services. You won't be entitled to a refund of the purchase price of your Device, subject to your product warranty. If you have your Device deactivated, there may be a charge to reactivate it if you later decide to use it again.
You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website. You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
You may not resell the Services. They are for your own reasonable end use consistent with your service plan. The Services may only be used for lawful purposes. Limits may be set on your level of use or tiered pricing may be applied based on your level or patterns of use. If you exceed those limits, you may be charged at higher rates (as detailed in your service plan) for your excess usage or we or our service providers may suspend your use of the Services if we reasonably deem it to be abusive. You agree that we may use any credit or debit card or other payment account of yours that we have on file for payment of such charges.
You agree that Tracko may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
Further, you undertake not to:
The Services are not transferrable by you, even if you are a commercial user. If you intend to transfer ownership of a vehicle in which a Device is installed, you agree that you will have the Device uninstalled from it or have the Device and associated Services deactivated/terminated by us and inform the intended transferee—prior to the transfer—of the fact your vehicle has your Device and advise the transferee to contact us with any questions.
The Services may be suspended or terminated without prior notice to you for good cause without liability. This means, to give some examples, that the Services can be terminated or suspended if you breach any part of this Agreement, do not pay amounts that are due under this Agreement, interfere with provision of the Services, or use the Services for any illegal or otherwise improper purpose. The Services may also be terminated or suspended if the availability of communication services used by us ends (for example, as a result of the discontinuance of service by a cellular telecommunications carrier) or is interrupted (for example, as a result of telephone/ telecommunications network or internet congestion) or should any other circumstance arise or omission occur related to maintaining, repairing, or improving our network
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Tracko or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Tracko, the vendor or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Maverick Labs Private Limited owns all intellectual property rights to and into the trademark "Tracko", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Customer agrees that Tracko will not be held liable for any loss, missed delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. Tracko will not be held liable for losses, missed delivery or non-delivery caused by Customer’s violation(s) of the Terms and Conditions. Tracko is not liable for losses, missed delivery or non-delivery caused by the acts of God, perils of the air, public authorities, acts or omissions of Customs or quarantine, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of truck, aircraft or other equipment.
Neither Tracko nor the service provider shall be held liable for delays in delivery caused by; an Act of God, war, accidents, weather or delays due to State or Federal intervention or any other circumstance that are beyond the control of Tracko and or the Carrier(s).
Notwithstanding anything to contrary, Tracko’s entire liability to you under this Terms of Service or otherwise shall be the refund of the money charged from you for any specific service, under which the unlikely liability arises.
In no event shall Tracko, its officers, directors, employees, partners or suppliers be liable to You, the user or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Tracko has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
You agree that Tracko may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if Tracko determines that you have violated these Terms of Service or Additional Terms. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Tracko, for which monetary damages would be inadequate, and you consent to Tracko obtaining any injunctive or equitable relief that Tracko deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Tracko may have at law or in equity.
You agree that Tracko may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
If your vehicle is lost or stolen, we can try to help you locate it, although we have no responsibility to do so, do not guarantee that it can or will be found, and do not guarantee the condition of your vehicle or the items that were in it should the vehicle be recovered. You may be asked to provide satisfactory identification and/or a police report. In any event, our obligation to assist you in providing commercially reasonable assistance to your efforts to locate your vehicle will end after 48 hours have elapsed from the time it was first reported to the authorities as missing or stolen. Should we provide assistance after such 48-hour period, you agree that we may do so if and when we see fit and that we will not be held liable for any acts or omissions that may arise with regard to such assistance. Regardless of the circumstance, we will be under no obligation to help you locate your vehicle for the purpose of tracking or locating a person or recovering any valuables contained in your vehicle.
These Terms of Service and all transactions entered into on or through the Website and the relationship between You and Tracko shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Service or any transactions entered into on or through the Website or the relationship between You and Tracko shall be subject to the exclusive jurisdiction of the courts at Pune, India and You hereby accede to and accept the jurisdiction of such courts.