Terms of Use

Welcome to our website. If you do not agree to the Terms and conditions, you must immediately cease all use of, or access to, the Site. And if you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Mitsaus Technologies Private Limited (Owner of Trackox) relationship with you in relation to this website and the Service as described below.

In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.

These terms of service (“Terms”) govern your access to and use of the Trackox website, products, software and service (collectively, the “Service”) whether free or provided on a subscription basis. For purposes of this Agreement “Trackox, us or we” refers to Trackox s.r.o. and “you” shall mean either you as an individual or the business, government entity, or entities on whose behalf you are accepting this Terms.

The Agreement Between You And Trackox By registering or using the Service and accepting this Terms, you agree that you are accepting this Terms on behalf of yourself and any of your Team members that are linked to your Account, and that you are solely responsible and liable for any non-compliance. You further represent that you are authorized to accept these terms and conditions. If you cannot accept this Agreement, please do not use the Service.

Trackox reserves the right to modify the Terms at any time without notice to you. Any changes will be effective immediately upon posting the revised version. Your use of this Service constitutes your agreement to all such terms, conditions, and notices.

LICENSE

The Service is licensed, not sold, to You under these Terms. If you receive Software from us such as the mobile application that You install on your mobile device (“Software”), its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms apply. Your license is automatically revoked if you violate these Legal Terms.

Software – Trackox hereby grants you limited, non-exclusive, non-transferable, non-sub-licensable, revocable “Free of charge” perpetual license to use the Software subject to these Terms.

Server – All features accessible to you after successful Registration (“Server”) are licensed to you under subscription license Plans. Trackox hereby grants you limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Server subject to all Legal Terms.

Trackox shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you.

USER(S) ELIGIBILITY

User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by Trackox. The Services provided by Trackox is a technology based service which is a Saas based platform of Field force automation. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services.

USER(S) AGREEMENT

This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site / App for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.

This agreement applies to all Trackox Services offered on the web site and App collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

AMENDMENT TO USER(S) AGREEMENT

Trackox may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms.

ACCOUNT SECURITY

You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account including activities of your team members that you have invited. You agree to notify Trackox immediately of any unauthorised use of your account or any other breach of security. Trackox may suspend access to your account, or close your account, with or without notice according to these Terms if you:

(A) provide any information that is false, inaccurate, out of date, or incomplete
(B) breach or violate any of these Legal Terms
(c) do not pay subscription fees or other sums due

Use of Communication Services -

The Service may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, calendars and/or other message or communication facilities designed to enable you to communicate with others (collectively „Communication Services“). By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not violate any applicable laws or regulations.

Trackox has no obligation to monitor the Communication Services. However, Trackox reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. Trackox reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Trackox reserves the right at all times to disclose any information as Trackox deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Trackox’s sole discretion.

Data Protection -

Trackox needs to collect, process, store and use your GPS data to the extent that is needed for enabling you to use the Service. You agree to the collection, processing, storage of your GPS location data by Trackox service and that Trackox will make the data available to third parties that Trackox uses for provision of the Service (f.e. cloud services). By using the Trackox service, you agree that your personal information and GPS data might be transferred and processed outside your home country. You may revoke your consent regarding collection, processing, storage of your location data by Trackox at any time. You acknowledge that as a result Trackox might not be able to provide the Service to you anymore. The revocation will not impact your due payment duties.

Acceptable Use Policy -

You are independently responsible for complying with all applicable laws in all of your actions related to your use of Service. You agree to use the Service:

(A) not violating any law, statute, ordinance or regulation considerately
(B) not excessively use Service so your usage will not disproportionately affect the quality, capacity, performance of Service delivered to others
(C) violate the privacy of others, or to defame others
(D) not exploit the the Service commercially for example: license, sub-license, sell, rent, resell, transfer, assign, distribute
(E) make Service available to any third party without the prior written consent of Trackox
(F) modify or make derivative works, reverse engineer or otherwise discover the source code of any software making up the service
(G) access the Service in order to build a competitive product or service

Indemnity -

You agree to indemnify, defend and hold Trackox, and its subsidiaries, affiliates, officers, agents, co-branders, partners, contractors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Submissions, your use of the Service, including any use by your end-users, your violation of the Legal Terms, or your violation of any rights of another.

What Information We Collect -

Trackox collects and uses your information to deliver the Services you have requested. All of the different information described below are collectively referred to as “Information”. We may collect and store the following information when running the Service:

(A) Information related to your account such as your username, email address, name, avatar (collectively “Personal information“)
(B) Your billing information our partners need to process your payment together with billing transaction log
(C) Log data from your browser and mobile device and your activity using the Service to such as the type of device or browser you are using, type of operating system, IP address
(D) Cookies to identify your computer, mobile device and to evaluate how our Services are used and to provide continuous improvement to our Services
(E) Mobile device status information such as GPS signal, battery, Internet connectivity
(F) If you enable location service on your mobile device we collect location data from your device, including latitude and longitude, speed and heading (collectively, “Location Information”).

We may also use Personal Information to resolve disputes, collect fees, and troubleshoot problems or to prevent potentially prohibited or illegal activities, and enforce our Terms.

Our Disclosure of Your Information -

We may disclose Personal Information to respond to legal requirements, to enforce our policies, to respond to claims that a listing or other content violates the rights of others, or to protect anyone’s rights, property, or safety. Such Personal Information will be disclosed in accordance with applicable laws and regulations.

Safeguarding Information -

We recognise our responsibility to protect the Personal Information You entrust to us. We take administrative, technical and physical measures to safeguard Your Personal Information against loss, theft, and misuse, as well as unauthorised access, disclosure, alteration, and destruction. However We cannot fully eliminate security risks associated with Personal Information and Trackox cannot be held liable for any unauthorised access or use of the data You have supplied to us.

Other Contract Terms -

Please note that these Privacy Policy form only a part of your contract with Trackox. Please ensure that you review Terms of Service and Payment Terms carefully.

These “Payment Terms” apply whenever you elect to purchase a subscription plan from us. By purchasing a subscription from Trackox, you agree to be legally bound by these Payment Terms. We might periodically amend this policy for any reason. By “Server” we mean all online cloud-based Web features available to you after successful Account registration/login.

Other Contract Terms -

Please note that these Payment Terms form only a part of your contract with Trackox. Each subscription Plan is also governed by our Terms of Service and our Privacy Policy. Please ensure that you review these carefully.

INTELLECTUAL PROPERTY RIGHTS

Trackox is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Trackox, its affiliates or licensor's of Trackox content, as the case may be.

All rights, not otherwise claimed under this agreement or by Trackox.COM, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Trackox does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS " with no guarantee of completeness, accuracy, Gps, Network, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Trackox be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

Trackox reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website.

Trademark

All related icons and logos are registered trademarks or trademarks or service marks of Trackox in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.

Copyright

All content on this web site is the copyright of Trackox except the third party content and link to third party web site on our website.

Systematic retrieval of Trackox content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Trackox is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Trackox's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. Trackox reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Trackox service, or if Trackox believes that user(s) conduct is harmful to the interests of Trackox, its affiliates, or other users, or for any other reason in Trackox’'s sole discretion, with or without cause.

Please note that all software programming, including without limitation all HTML and other code contained on the Site (collectively, "Software"), is owned by the Company, its licensors, suppliers, affiliates, or others and is protected by copyright laws or other applicable intellectual property laws, as well as international treaty provisions. Any unauthorised access to, or reproduction, advertisement, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

LINKS TO THIRD PARTY SITES

Links to third party sites are provided by web site as a convenience to user(s) and Trackox has not have any control over such sites i.e content and resources provided by them.

Trackox may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Trackox believes that user(s) acknowledge that Trackox has no control over such third party's site, does not monitor such sites, and Trackox shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site.

TERMINATION

Most content and some of the features on the web site are made available to visitors free of charge. However, Trackox reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. Trackox also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of Trackox and/or other visitors to the web site. Trackox reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

DISCLAIMER

The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.

The courts of Bengaluru, Karnataka, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Company or the agreement or arrangement between Company and the Customer.

The information contained in this website is for general information purposes only. The information is provided by Trackox and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Trackox. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. Trackox takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

If any further clarifications required, then you can write to us at contact@Trackox.com