Terms of Use

Privacy Policy was last updated on 07-07-2022

Welcome to TrackoBit. This document is an electronic record in terms of the Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 which requires publishing the rules and regulations, privacy policy and Terms of Use for access or usage of TrackoBit Services - www.tarckobit.com (hereinafter referred to as "Website")

“TrackoBit” is owned by InsightGeek Solutions Private Limited having its Head Office in Noida. The viewing or use of this site will constitute your agreement, on behalf of yourself if you have any queries about these terms and conditions or have any comments or complaints on or about the website, please email us at info@trackobit.com By accessing or using the website, you and the entity you are authorized to represent (“You” Or “Your”) signify your agreement to be bound by the “Terms of Use”.

TrackoBit reserves the right to refuse access to the website or website services to new users or to terminate access granted to an existing user(s) at any time without any reason for doing so.

YOUR CONSENT

By using the TrackoBit Platform and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the TrackoBit Platform.

At TrackoBit, we are committed to protecting your personal data and information and respecting your privacy. Please refer to Section 1 to understand how the terms of this Policy apply to you.

Scope of Terms of Use:

These Terms of Use govern your use of the website and all applications, software and services (collectively, “Services”) available via the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you via the website (“Service Agreement(s)”). Any such Service Agreements accompany or are listed in association with or through a hyperlink associated with the applicable Services.

Transactions and Communications

Our Clients (hereafter “service providers”) and their customers (hereafter “users”) utilize to meet and interact with one another for their transactions on TrackoBit/TrackoField/other products. We are not and cannot be a party to or control in any manner any transaction between them. Henceforward:

All commercial/contractual terms are offered by and agreed to between Service Providers and Users alone. The commercial/contractual terms include without limitation price, additional costs, payment methods, payment terms, date, period and services and support. TrackoBit/TrackoField does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the service provider and the user.
We are not responsible for any non-performance or breach of any contract entered into between Service provider and user. TrackoBit cannot and does not guarantee that the concerned user and/or service provider will perform any transaction concluded on the Platform.
At no time shall TrackoBit/TrackoField hold any right, title or interest over the products nor shall TrackoBit/TrackoField have any obligations or liabilities in respect of such contract entered into between Service Providers and users.

REFUND POLICY

Payment Policy

While availing any of the payment method(s) offered at TrackoBit, TrackoBit will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the user due to:

Lack of authorisation for any transaction(s): or
Exceeding the preset limit mutually agreed by User and Users Bank: or
Any payment issue arising out of the transaction: or
The transaction is declined for any other reason
You can pay by credit card or debit card or net banking.
You understand, accept and agree that the payment facility provided by TrackoBit is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, TrackoBit is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction amount.

Payment Procedure

If the deal is finalised between both parties, TarckoBit raises an invoice against which you make the payment. Once the payment is made the subscription period starts.

Once the subscription starts, you can not request a refund for any payment you have made to us. If you wish to discontinue the subscription, you may cancel it. TrackoBit will keep providing you with the services till the end of your subscription period that you have paid for.

Refund Policye

Clients are not entitled to refunds. TrackoBit does not have a refund policy of any sort. We retain the right to deny any unreasonable refund request.

Modification:

TrackoBit may revise and update these Terms of Use at any time. Your continued usage of the website after any changes to these Terms of Use will mean you accept those changes. Any aspect of the website may be changed, supplemented, deleted or updated without notice at the sole discretion of TrackoBit. TrackoBit may also change or impose fees for products and services provided through the website at any time in its sole discretion.

TrackoBit Privacy Policy

TrackoBit Privacy Policy governs the use of information collected from or provided by you on the website. With respect to any individual whose personal information is provided by you to TrackoBit, you represent to TrackoBit that you have provided all necessary consents for the processing of such personal information contemplated by the services you are using and by TrackoBit Privacy Policy, including the transfer of such data to other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

License and Ownership

The website and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content“) on the Website is owned and controlled by the TrackoBit and/or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the website (“Marks“) are the property of the TrackoBit and/or Vendors and/or other respective third parties, as the case may be. You are not permitted to use the marks without the prior consent of TrackoBit, the Vendors, or the third party that may own the marks.

Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law: The website, website services and other content are provided by TrackoBit on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, TrackoBit makes no warranty that:

(i) the website or the website services or the Content will meet your requirements or your use of the Website or the Website Services will be uninterrupted, timely, secure or error-free, or

(ii) the results that may be obtained from the use of the Website, or Website Services will be effective, accurate or reliable, or

(iii) the quality of the Website or Website Services or Content will meet Your expectations, or

(iv) any errors or defects in the Website or Website Services or Content will be corrected. No advice or information, whether oral or written, obtained by you from the company or through the use of the Website Services shall create any warranty not expressly stated in the Terms of Use.

TrackoBit will have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. TrackoBit also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content.

TrackoBit will not be liable for any loss that You may incur as a consequence of unauthorized use of your account or account information in connection with the Website or Website Services, either with or without your knowledge.

TrackoBit has endeavoured to ensure that all the information on the website is correct, but TrackoBit neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or website services.

TrackoBit shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, TrackoBit shall not be held responsible for the non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond TrackoBit’s control.

You understand and agree that any material or data or Content downloaded or otherwise obtained through the website is done entirely at your own discretion and risk and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.

Restrictions on Use of the Website

In addition to other restrictions set forth in these Terms of use and you undertake not to:

defame, abuse, harass, threaten or otherwise violate the legal rights of others

publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the TrackoBit;
conduct or forward surveys, contests, pyramid schemes or chain letters;
upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer or provide you with an undue advantage or benefit in purchasing goods/availing services;
engage in any activity that interferes with or disrupts access to the website or the website services or the content (or the servers and networks which are connected to the Website);
attempt to gain unauthorized access to any portion or feature of the website, any other systems or networks connected to the website, to any TrackoBit server, or to any of the website services offered on or through the Website, by hacking, fraud calls, password mining or any other illegitimate means;
probe, scan or test the vulnerability of the Website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the website, to its source, or exploit the Content, website or website services or information made available or offered by or through the website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the website;
disrupt or interfere with the security of, or otherwise cause harm to, the website, systems resources, accounts, passwords, servers or networks connected to or accessible through the website or any affiliated or linked sites;
collect or store data about other users in connection with the prohibited conduct and activities set forth in this section.
use any device or software to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the Website, or with any other person’s use of the website;
use the website or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TrackoBit or other third parties.
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
violate the Terms of Use contained herein or elsewhere; and
reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the website.

Except as expressly indicated herein, TrackoBit hereby grants you, a non-exclusive, freely revocable, non-transferable access to view any content available on the website, subject to the following conditions:

You may access the content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
You may not modify or alter the content available on the website;
You may not distribute or sell, rent, lease, license or otherwise make any content on the website available to others; and
You may not remove any text, copyright or other proprietary notices contained in the content downloaded from the website.

Termination

You agree that TrackoBit, in its sole discretion, may terminate or suspend your use of the website and its content at any time and for any or no reason in its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the website, and (b) destroy any copies you have made of any portion of the content. Accessing the website, TrackoBit, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that TrackoBit shall not be liable to you or any third party for any termination or suspension of Your access to the website

Limitation of Liability

In no event shall TrackoBit, its suppliers or any third parties mentioned at the website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.

Indemnity

You agree to indemnify, defend and hold harmless the TrackoBit and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and Vendors on the Website (“Indemnitees“) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website or website Services or content, any misrepresentation with respect to the data or information provided by you, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.

Jurisdiction

These terms shall be governed by and constructed in accordance with the laws of India, you hereby expressly agree that any proceeding arising out of or relating to your use of the website shall be instituted in courts in Delhi, India.

Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect

Complete Agreement

Except as expressly provided in other written agreements between you and TrackoBit these Terms of Use constitute the entire agreement between you and TrackoBit with respect to the use of the website.

Waiver

Any failure by TrackoBit to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by TrackoBit of that provision or right.

IP Infringement

If you believe the website or any of the website services violates your intellectual property, you must promptly notify TrackoBit in writing at info@trackobit.com. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the website. You are required to provide the following details in your notice:

the intellectual property that you believe is being infringed;
the item that you think is infringing and include sufficient information about where the material is located on the website;
a statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the website;
Your contact details, such as your address, telephone number, and/or email;
a statement that the information you provided in your notice is accurate, and that you are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
Your physical or electronic signature.

Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Name:

Designation:

InsightGeeks Solutions Pvt. Ltd.

A-57, Sector-4, Noida -201301, Uttar Pradesh, India

Email Id:

Phone:

Time: