Terms & Conditions

TOTRACKING TERMS & CONDITIONS

PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING ToTracking App or www.totracking.com (THIS "WEB SITE" & TOTRACKING MOBILE APPS). YOUR USE OF THIS WEB SITE/MOBILE APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY, "TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE OR MOBILE APPLICATION.

This Agreement for tracking services ("Agreement") is made between ToTracking Vehicle Tracking, ("TOTRACKING Vehicle Tracking") and the user of the Tracking Service (Customer). The Tracking Services ("Services") provide vehicle location and tracking from the Internet via the ToTracking App Vehicle Tracking server and associated software. The Services include a secure logon for accessing and tracking vehicles equipped with a tracking device ("Device") designed to send GPS positions and event notifications (Locates) to Totracking Vehicle Tracking.

ToTracking

USE OF WEBSITE

You may use the website and the Products and Services provided through it, only if you agree to be bound by terms of this Terms of Use, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. In case the Company finds any non-compliance by you of the Terms of Use or Privacy Policies, the Company may suspend your account on the website or stop providing you services in this tracking app.

It is agreed by you that by using our Products and Services, it does not give you ownership of any Intellectual Property Rights (defined below)in them or the content that you access. Further, by using the Products and Services you are not granted the right to use any branding or logos used in them and you are prohibited from removing, or altering any information displayed in or along with our Products and Services.

REGSTRATION INFORMATION

Your account on the Totracking website gives you access to the services and functionality that the Company establishes and maintains from time to time. When creating your account on Totracking App, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. That Login ID and password, together with your mobile number or other contact information you provide form your "Registration Information". We always encourage you to use strong passwords to protect your account. You must notify the Company immediately of any breach of security or unauthorized use of your account. The Company will not be liable for any losses caused by any unauthorized use of your account.

RECEIVE MAIL AND NOTIFICATION FOR ANY CHANGES IN THE SERVICES

You may control your user profile and how you interact through the website and through the use of Products and Services, by changing the settings therein. By providing your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Products and Services and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

USER CONTENT

Some areas of the website and the Products and Services, allow you to post content such your name, email address, phone number, current address or current location (in case of use of certain Products and Services that require the same), such information that you submit, post, display, or otherwise make available on the website or in the process of using any of the Products and Services shall constitute "User Content". The Company claims no ownership rights over any User Content provided by you; however, by sharing such information, you agree to allow others to view and/or share your User Content in accordance with your settings in the use of Products and Services. Further, the Company shall not retain any of the User Content for longer than is required for the purposes for which the User Content may lawfully be used.

Further, you agree not to post or transmit any User Content that:

  • may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal
  • may create a risk of any other loss or damage to any person or property;
  • seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • may constitute or contribute to a crime or tort;
  • (contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
  • contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
  • contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • contains any information or content that you know is not correct and current;
  • violates any school or other applicable policy, including those related to cheating or ethics;
  • interferes with other users of the website or Products and Services including, without limitation, disrupting the normal flow of dialogue in an interactive area of the website, Product and Services and deleting or revising any content posted by another person or entity;
  • except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You agree that any information that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. The Company reserves the right, but is not obligated, to reject and/or remove any such information that it believes, in its sole discretion, violates these provisions.

SOFTWARE IN PRODUCT AND SERVICES

When a Product and Service is in nature of downloadable software, this software may update automatically on the device on which the download has taken place, once a new version or feature is available. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades

RIGHTS YOU GRANT TO US

As the owner of any information, data, passwords, usernames, PINs, other log-in information, materials or other content (collectively, "Accounts Content") you provide to us through the use of the website or any of the Products and Services, you are licensing the Accounts Content to the Company solely for the purpose of that use. The TOTRACKING Company may use such Accounts Content, but only to provide the use of Products and Services to you. You hereby authorize and permit the Company to use information submitted by you to the website (such as account passwords and users names) to accomplish the foregoing and to configure the Products and Services so that it is compatible with the third party sites for which you submit your information.

ACESS AND INTERFERANCE

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the website or the Products and Services or any portion of it, without the Company's express written consent, which may be withheld in the Company's sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Company, other than the search engines and search agents available through the website and other than generally available third-party web browsers (such as Microsoft Explorer);
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the website or the Products and Services; or
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the website or Products and Services.
  • Users agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses the website or Products and Services in a manner that sends more request messages to its servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

INTELLECTUAL PROPERTY RIGHTS

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

ALERT DISCLAIMER

You understand and agree that any alerts provided to you through the use of website and Products and Services may be delayed or prevented by a variety of factors. The Company does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that the Company shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

ALERT DISCLAIMER

You understand and agree that any alerts provided to you through the use of website and Products and Services may be delayed or prevented by a variety of factors. The Company does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that the Company shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

PRIVACY

Users of the website and Products and Services should refer to the Company's Privacy Policy for information about how The Company uses, collects and discloses information to third parties. The Companies Privacy Policy, which is hereby incorporated into this Agreement, explains how the Company treats your personal information, and protects your privacy, when you access the Application.

THIRD-PARTY LINKS

The Products and Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company. The Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Products and Services, you do so at your own risk, and you understand that this Agreement and the Company's Privacy Policy do not apply to your use of such sites. You expressly relieve the Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Products and Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

SECURITY

The Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

INDEMINITY

You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: .

  • your use of and access to the website and Products and Services, including any data or content transmitted or received by you;
  • your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
  • your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
  • your violation of any applicable law, rule or regulation;
  • any claim or damages that arise as a result of any of your User Content or any that is submitted via your account;
  • any other party's access and use of the Service with your unique username, password or other appropriate security code.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE CONTENT ON THE WEBSITE AND SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE OR THE PRODUCTS AND SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR PRODUCTS AND SERVICES.

COMPANY LIABILITY’S

It is agreed by you that, when permitted by law, the Company, will not in any way be responsible for loss profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. In all cases, the Company, will not be liable for any loss or damage that is not reasonably foreseeable.

The Company shall address any discrepancies and grievances that you may have regarding the use of the Products and Services in a time bound manner. If you have any question related to this terms & Conditions, you can contact us at totracking@gmail.com

INDEMINITY

You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: .

  • your use of and access to the website and Products and Services, including any data or content transmitted or received by you;
  • your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
  • your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
  • your violation of any applicable law, rule or regulation;
  • any claim or damages that arise as a result of any of your User Content or any that is submitted via your account;
  • any other party's access and use of the Service with your unique username, password or other appropriate security code.