GoTracko is operated by CETPA TECHNOLOGIES PVT. LTD. and its affiliates

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE SUBSCRIBING OR USING THIS GOTRACKO APPLICATION. By using the GoTracko, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the GoTracko. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this GoTracko Application following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

All materials contained in any GoTracko Application are the copyrighted property of CETPA TECHNOLOGIES, or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to CETPA TECHNOLOGIES, or its affiliates. No material from any GoTracko Application or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any GoTracko Application. For purposes of these terms, the use of any such material on any other Website or computer environment is prohibited. All trademarks, service marks and trade names are proprietary to us. In the event you download software, the software including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

DISCLAIMER THE MATERIALS IN THIS GOTRACKO APPLICATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY GOTRACKO APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY GOTRACKO APPLICATION OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY GOTRACKO APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

CREDIT CARDS

To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchant services.

SUBSCRIPTIONS/BILLING

We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers via this web site. We reserve the right to terminate your account at any time for any reason. Some services offered on GoTracko Application are subscription-based services. If you open a subscription-based account with any of our sites, you hereby agree to pay all charges to your account, including and not limited to applicable taxes and charges for the use of additional service features that are not included in your subscription package. You will be charged in accordance with billing terms in effect at the time the fee or charge becomes payable. For subscription-based services, your charge remains for each subscription period no matter if you make several logs or zero (0) logs during any subscription period. For greater certainty, IF YOU DO NOT USE THE SERVICE, THE OBLIGATION REMAINS TO PAY THE SUBSCRIPTION FEE UNTIL YOU CANCEL YOUR SUBSCRIPTION. For more information regarding canceling your subscription see the “CANCELLATION” section below.

Please Note:

Your Subscription will be automatically renewed and your credit card account will be charged as follows: The renewal charge shall be equal to the original customer subscription price, unless otherwise notified in advance by the GoTracko Application. Customer’s Subscription will be automatically renewed and Customer’s credit card account will be charged each month after Customer’s initial Sign Up charge date. Without notice, GoTracko Application may adjust Customer’s renewal date in future subsequent months. This will be reflected by charging the Customer’s account on a pro-rated basis according to the number of days that have passed since the date of the Customer’s latest renewal charge. Customer’s right to use the Service is subject to any limits established by CETPA TECHNOLOGIES or by Customer’s credit card issuer. If payment cannot be charged to Customer’s credit card or Customer’s charge is returned for any reason, including charge back, CETPA TECHNOLOGIES PVT. LTD. reserves the right to either suspend or terminate Customer’s access and account, thereby terminating this Agreement and all obligations of CETPA TECHNOLOGIES hereunder. If Customer has reason to believe that Customer’s account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer’s ID, password, or any credit, debit or charge card number stored on the GoTracko) Customer must notify CETPA TECHNOLOGIES immediately of the problem to avoid Customer’s possible liability for any unauthorized charges to Customer’s account.

CANCELLATION

CETPA TECHNOLOGIES PVT. LTD. agrees that it will terminate your account upon notice via email. If you cancel a GoTracko account after signing up or a subscription renewal for a service, no refund for unused time on such service will be made. If you have a balance due on any GoTracko account, you agree that CETPA TECHNOLOGIES PVT. LTD. can charge these unpaid fees to your credit card. YOU HAVE TO CANCEL YOUR ACCOUNT IN ORDER TO NOT BE CHARGED FOR YOUR SUBSCRIPTION. CETPA TECHNOLOGIES PVT. LTD. WILL NOT ISSUE A REFUND FOR DATES PRIOR TO YOUR CANCELLATION. For subscription-based services, your charge remains for each subscription period no matter if you make several logs or zero (0) logs during any subscription period. For greater certainty, IF YOU DO NOT USE THE SERVICE THE OBLIGATION REMAINS TO PAY THE SUBSCRIPTION FEE UNTIL YOU CANCEL YOUR SUBSCRIPTION. If you would like cancel your subscription service, please send an email to support@gotracko.com with “Cancel My Subscription” as the subject of the email. For security reasons you MUST INCLUDE the following when canceling your subscription:
1) Login name
2) Full name you used to purchase your subscription

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees’) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY GOTRACKO APPLICATION OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY GOTRACKO APPLICATION.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all GoTracko Application and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and all GoTracko Applications may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the GoTracko Application and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise. These terms shall be governed by and construed in accordance with the laws of the State of Uttar Pradesh, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Uttar Pradesh and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

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