Please read this agreement carefully before using the Onetracker service. By using the Onetracker service provided by Onetracker Technologies Private Limited (here in referred to as “Onetracker”), clicking agree or otherwise assenting to this agreement, you are agreeing to be bound by this agreement. If you are agreeing to this agreement on behalf of your employer or an entity for whose benefit this service is being used, then you represent and warrant that you have the necessary authority to agree to this agreement on their behalf. If you have a written agreement with Onetracker for these services, then the terms of that agreement will override this agreement.
This agreement is between Onetracker Technologies Private Limited (here in referred to as “Onetracker”), a registered company in Guwahati, India, and the customer agreeing to this agreement (here in referred to as “Customer”). This Agreement concerns the Onetracker service provided by Onetracker (here in referred to as “Service”) and is binding on all persons that access resources related to the Service, including but not limited to the website, web application, and mobile application (here in referred to as “Resources”). If the Customer does not agree to the terms and conditions of this agreement, the Customer may not enter, view, or use the Service or its related Resources.
Onetracker reserves the right to make changes to the Service at any time without notice. Customer-generated content published via the Resources reflects the views of the Customer and does not necessarily constitute the opinion of Onetracker nor legal or professional advice on any subject matter.
The Service may contain links to other websites or applications, including advertising networks or affiliates. These links are provided for convenience only. Onetracker does not endorse or control the content of third-party sites and will not be responsible for their content or accuracy. Customers access such third-party sites at their own risk and discretion.
Onetracker reserves the right to refuse subscription access to any business providing false, inaccurate, or misleading information during the registration process. By using the Service, you agree to use it without malicious intent. You are responsible for all activities undertaken under your account. Malicious acts against Onetracker may result in suspension and legal action.
If the Customer has not agreed to pay for the Service, they are under a trial period designated by Onetracker. During the trial, the Service is provided “AS IS.” All data may be deleted at the end of the trial unless the Customer converts to a subscription account.
All data uploaded by the Customer remains their property (“Customer Data“). The Customer grants Onetracker the right to use Customer Data solely for purposes of providing the Service. Onetracker is not responsible for Customer Data during the trial period. The Customer acknowledges they are solely responsible for any sensitive or personally identifiable information submitted to the Service.
The Customer may allow its contractors (including third-party logistics companies) and employees to access the Service for the Customer’s sole benefit, subject to compliance with this agreement. The Customer is responsible for compliance by its contractors and employees.
Onetracker’s Privacy Policy governs the privacy terms and conditions applicable to the use of the Service and Resources. The Customer acknowledges and agrees to the Privacy Policy, which may be updated from time to time.
Customer must pay all fees as specified in the subscription agreement, but if not specified then within 30 days of receipt of an invoice. No refunds of prepaid fees, unless otherwise provided in this agreement. Customer is responsible for the payment of all sales, use, withholding, VAT/GST and other similar taxes. Onetracker may elect to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments. This agreement contemplates one or more Subscriptions for the Service, such subscriptions are governed by the terms of this agreement. Customer must provide current, complete and accurate billing and credit card information. Customer agrees to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of Customer’s credit card may charge Customer a foreign transaction fee or related charges, which Customer will be responsible to pay.
From time to time, Onetracker may grant Customer access to “alpha”, “beta”, or other early-stage products (“Beta Releases“). While Onetracker may provide assistance with Beta Releases in its discretion, notwithstanding anything to the contrary in this Agreement, Customer agrees that any beta release is provided on an “as is” and “as available” basis. Customer further acknowledges and agrees that beta releases may not be complete or fully functional and may contain bugs, errors, omissions, and other problems for which Onetracker will not be responsible. Accordingly, any use of a beta release is at customer’s sole risk. Onetracker makes no promises that future versions of a Beta Release will be released. Onetracker may terminate Customer’s right to use any Beta Release at any time for any reason or no reason in Onetracker’s sole discretion, without liability.
Onetracker will provide Support for its Services as per the terms of the Application management and support terms as specified in the Subscription agreement terms.
Onetracker warrants to Customer :
Customer’s exclusive liability and Onetracker’s sole obligation for its failure to meet the warranty terms will be for Onetracker to provide a credit for the applicable month, as provided in the subscription agreement (if the agreement is not renewed, then a refund of equivalent amount), for the month; provided that Customer notifies Onetracker of such breach within 30 days of the end of that month.
Onetracker disclaims all other warranties, including, without limitation, the implied warranties of merchantability, title, and fitness for a particular purpose. While Onetracker takes reasonable physical, technical, and administrative measures to secure the service, Onetracker does not guarantee that the service cannot be compromised. Customer understands that the service may not be error-free, and use may be interrupted.
Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Onetracker’s Confidential Information includes without limitation the Service (including without limitation the Service user interface design and layout, and non-public pricing information).
None of the material related to Onetracker’s Services and Service resources contained in, but not limited to, websites, Google Playstore, iTunes Marketplace, etc. including its Services platform and applications, may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold, or redistributed without the prior written consent of Onetracker. Violation of this provision may result in severe civil and criminal penalties.
The software, workflow processes, user interface, designs, know-how, and other technologies provided by Onetracker as part of the Service are the proprietary property of Onetracker and its licensors, and all right, title, and interest in and to such items, including all associated intellectual property rights, remain only with Onetracker. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. Onetracker reserves all rights unless expressly granted in this agreement.
This agreement continues until the Subscription has expired or is terminated under mutual consent or terminated under breach of terms.
Onetracker is not liable for any indirect, special, incidental, or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records, or information; and lost profits), even if it knows of the possibility of such damage or loss.
Onetracker’s total liability arising out of or related to this agreement (whether in contract, tort, or otherwise) does not exceed the amount paid by the customer within the 12-month period prior to the event that gave rise to the liability.
Onetracker will defend or settle any third-party claim against Customer to the extent that such claim alleges that the Onetracker technology used to provide the Service violates a copyright, patent, trademark, or other intellectual property right, if Customer, promptly notifies Onetracker of the claim in writing, cooperates with Onetracker in the defense, and allows Onetracker to solely control the defense or settlement of the claim.
This agreement is governed by the laws of Bangalore, India, without regard to conflict of laws principles. Any dispute between Customer and Onetracker arising out of or related to this agreement must be determined by binding arbitration in Bangalore, India, under the then laws governing the Bangalore Mediation Center, depending on whether Customer is located in India or outside India. The decisions of the arbitrators may be entered in any court of competent jurisdiction. Nothing in this agreement prevents either party from seeking injunctive relief in any court of competent jurisdiction. The prevailing party in any arbitration or litigation is entitled to recover its attorneys’ fees and costs from the other party.
If you have any questions or concerns about our Services or these Terms, you may contact us at contact@onetraker.com
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