Last Updated: July 17th, 2016
In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of TrackPlex.
PLEASE READ THIS TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY. BY ACCESSING OR USING THE WEBSITE (THE "SITE") OF CURIGENCE AUTOMATION PRIVATE LIMITED. ("TRACKPLEX") IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A "SERVICE" AND COLLECTIVELY, THE "SERVICES"), CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TRACKPLEX, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF TRACKPLEX YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THIS AGREEMENT. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY TRACKPLEX IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, TrackPlex will make a new copy of this Agreement available at the Website, or through, the affected Service on the Website. TrackPlex will also update the "Last Updated" date at the top of this Agreement. If TrackPlex makes any material changes, and you have registered with us to create an Account (as defined in Section 2 below) TrackPlex will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to this Agreement will be effective immediately for new users of the Website, and/or Services and will be effective ten (10) days after posting notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of ten (10) days after posting notice of such changes on the Website or ten (10) days after dispatch of an e-mail notice of such changes to users that have registered for an Account. TrackPlex may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
The Services enable users to, track multiple shipments and manage the shipments before it's too late. Subject to the terms and conditions of this Agreement, including your payment obligations, TrackPlex grants to You a non-exclusive, non-transferable license, during the term of this Agreement, to access and use the Services solely for your internal business purposes.
TrackPlex’s Website may also make software or mobile app and associated documentation available for download (“Software”). Any use of the Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software. These license terms may be posted with the Software downloads or at the Website page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will TrackPlex provide you with any tangible copy of our Software. TrackPlex shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. For the purposes of this section tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between this Agreement and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. If no license agreement accompanies use of the Software, use of the Software will be governed by this Agreement. Subject to your compliance with this Agreement, TrackPlex grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by this Agreement. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
You may permit any Authorized Users (as defined below) to access and use the features and functions of the Service as contemplated by this Agreement. Each Authorized User will be assigned a unique user identification user name and password (“User ID”) for access to and use of the Service. User IDs cannot be shared or used by more than one Authorized User at a time. If you wish to add additional User IDs, you may order such additional User IDs at any time by registering for additional user accounts via the Website. Upon written acceptance by TrackPlex, TrackPlex shall make the Service(s) available to the additional Authorized Users. As used herein, “Authorized User” means any individual who is your employee or such other person or entity that has been authorized to access the Service pursuant to your rights under this Agreement, through the purchase of a user seat via the Website.
You will not, and will not permit any Authorized User or other party to: (a) access or copy any data or information of other TrackPlex subscribers without their consent; (b) knowingly interfere with or disrupt the integrity or performance of the Service or the data contained therein; (c) harass or interfere with another subscriber’s use and enjoyment of the Service or Software; (d) reverse engineer, disassemble or decompile any component of the Service or Software; (e) interfere in any manner with the operation of the Service, or the hardware and network used to operate the Service; (f) sublicense any of your rights under this Agreement, or otherwise use the Service or Software for the benefit of a third party or to operate a service bureau; (g) modify, copy or make derivative works based on any part of the Software or Service; or (j) otherwise use the Service in any manner that exceeds the scope of use permitted under this Agreement. You acknowledges and agrees that the Service will not be used, and are not licensed for use, in connection with any of your time-critical or mission-critical functions.
In order to access certain features of the Service and Software, you may be required to register for an account on the Website (“Account”). In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify TrackPlex immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or TrackPlex has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TrackPlex has the right to suspend or terminate your Account and refuse any and all current or future use of the Website, Software and Services (or any portion thereof). When you register on this Website, your personal information will be registered automatically in our database which will be maintained and used by the Website in accordance with the Privacy Policy.
You agree to employ any of the electronic or other modes of payment available against the fee you make to our Website (i.e., net banking, debit cards, credit cards, prepaid wallet, other electronic means). You understand and acknowledge that We are expressly authorized to collect, process, facilitate and remit this fee made electronically by You.
You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account. The Platform works on a prepaid or recharge model where You may choose from the paid or recharge options (“Fees”) by going to the billing section of your TrackPlex account. Credits for "Pay as You Go" (prepaid) accounts shall not expire unless the Account stays inactive for a period of more than 6 months in which case said Account will be deleted. If the Account has no more credits, TrackPlex may downgrade, suspend or terminate access to the previously accessible portion of the Service in connection with the previously chosen Service Plan. If User elects to downgrade the Service Plan, User is entitled to keep the Credits of the Account. However, downgrading the Service Plan may cause loss of content, features, or access to specific portions of the Service that may have been previously available to User. TrackPlex does not accept any liability for such loss. For Post-Paid plans(Only for Logistic Package), usage charges will be billed on the basis of the actual usage at the end of every month, which should be clear within 10 days from the date of receipt of Invoice. The Services are provided to You via the internet and data and cellular networks, relevant internet charges and network or data charges, roaming charges, etc., applicable for Your use of the internet and the data shall apply (over and above the Fees) while accessing the Platform and availing the Services. You accept responsibility for all such charges that may arise due to Your use of the Platform and the Services. TrackPlex will bill You through Your chosen payment method, from the date You opt for the paid Services option until termination. All payments are final and non-refundable. You will not be entitled to any cancellation or cooling off period after opting for the paid Services.
The Fees shall be exclusive of all applicable taxes.
As between TrackPlex and you, the Services, Website, Software and all content therein (excluding Your Content) (collectively, the “TrackPlex Properties”) and all worldwide Intellectual Property Rights in each of the foregoing, are the exclusive property of TrackPlex and its suppliers. All rights in and to TrackPlex Properties not expressly granted to you in this Agreement are reserved by TrackPlex and its suppliers. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding TrackPlex Properties or any part thereof, including any right to obtain possession of any source code, data or other technical material related to the Software.
TrackPlex acknowledges and agrees that you are, as between TrackPlex and you, the exclusive owner of the shipment data and other data uploaded by you to the Service or Software (collectively, “Your Content”). To the extent TrackPlex has any ownership interest in or to Your Content, TrackPlex hereby assigns (excluding the TrackPlex Properties) Your Content to you, including all intellectual property rights therein. However, in order to enable TrackPlex to provide the Services to you, you hereby grant TrackPlex a non-exclusive, worldwide, royalty-free and fully paid license to use the Your Content as necessary for purposes of providing the Services.
You represent and warrant to TrackPlex that (a) you have the authority to enter into this Agreement personally (if you are a natural person), or on behalf of the entity entering into this Agreement, and to bind that entity, and (b) that Your Content does not (i) infringe any copyright, trademark, or patent; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage TrackPlex’s system or data; or (v) otherwise violate the rights of a third party. TrackPlex is not obligated to back up any Your Content; you are solely responsible for creating backup copies of any Your Content at your sole cost and expense. You agree that any use of the Services contrary to or in violation of the representations and warranties made by you in this section constitutes unauthorized and improper use of the Services.
The Service is designed to analysisng shipment performance, as well as tracking and managing the shipments, based on the information provided by the end user. As such you acknowledge and agree that the outputs and deliverables, including the tracking report, provided to you and your Authorized Users via the Service and Software (“Outputs”) are wholly dependent upon the actions, instructions, specifications and inputs taken or provided by you and your Authorized Users on the Service (“Inputs”). TrackPlex makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for the quality, content, nature or reliability of any Outputs. You acknowledge that TrackPlex is not responsible for, and will indemnify TrackPlex against any claim or liability relating to or arising from: (i) the consequences of any Inputs of any Authorized User, (ii) any failure by you to use the Service in a manner prescribed by TrackPlex, and (iii) any Authorized User’s failure to supply accurate information. THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RAW DATA, DOCUMENTATION, AND SERVICES ARE PROVIDED “AS IS,” AND TRACKPLEX MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE RAW DATA, DOCUMENTATION, OR SERVICES (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO YOU BY TRACKPLEX. TRACKPLEX DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SERVICES SHALL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold TrackPlex, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “TrackPlex Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the TrackPlex Properties; (c) your violation of this Agreement; (d) your violation of any rights of another party; or (e) your violation of any applicable laws, rules or regulations. TrackPlex reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TrackPlex in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the TrackPlex Properties.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TRACKPLEX PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TRACKPLEX PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT TRACKPLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE TRACKPLEX PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE TRACKPLEX PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE TRACKPLEX PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TRACKPLEX PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE TRACKPLEX PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
THE STOPLIGHT PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRACKPLEX AND YOU.
This Agreement commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the TrackPlex Properties, unless terminated earlier in accordance with this Agreement.
Notwithstanding the foregoing, if you used the TrackPlex Properties prior to the date you accepted this Agreement, you hereby acknowledge and agree that this Agreement commenced on the date you first used the TrackPlex Properties (whichever is earlier) and will remain in full force and effect while you use the TrackPlex Properties, unless earlier terminated in accordance with this Agreement.
If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of this Agreement, or if TrackPlex is required to do so by law (e.g., where the provision of the Website, the Software or the Services is, or becomes, unlawful), TrackPlex has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in TrackPlex’s sole discretion and that TrackPlex shall not be liable to you or any third party for any termination of your Account. TrackPlex reserves the right to suspend or terminate Your Account or restrict or prohibit You access to the Platform immediately (a) if TrackPlex is unable to verify or authenticate Your registration data, email address or other information provided by You, (b) if TrackPlex believes that Your actions may cause legal liability for You or for TrackPlex, or all or some of TrackPlex’s other users, or (c) if TrackPlex believes You have provided false or misleading registration data or other information, have not updated Your Account Information, have interfered with other users or the administration of the Services, or have violated this TOS or the Privacy Policy. You shall not be entitled to access the Platform or avail the Services if Your Account has been temporarily or indefinitely suspended or terminated by TrackPlex for any reason whatsoever. TrackPlex may, at any time, reinstate any suspended Account, without giving any reason for that. If You have been indefinitely suspended You shall not register or attempt to register with TrackPlex or its affiliates / partners or use the Services in any manner whatsoever until such time that You are reinstated by TrackPlex.
If you want to terminate the Services provided by TrackPlex, you may do so by (a) notifying TrackPlex at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to it@trackplex.com.
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. TrackPlex will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
If TrackPlex becomes aware of any possible violations by you of this Agreement, TrackPlex reserves the right to investigate such violations. If, as a result of the investigation, TrackPlex believes that criminal activity has occurred, TrackPlex reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. TrackPlex is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the TrackPlex Properties, including Your Content, in TrackPlex’s possession in connection with your use of the TrackPlex Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce this Agreement, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of TrackPlex, its users or the public, and all enforcement or other government officials, as TrackPlex in its sole discretion believes to be necessary or appropriate.
In the event that TrackPlex determines, in its sole discretion, that you have breached any portion of this Agreement, or have otherwise demonstrated conduct inappropriate for the TrackPlex Properties, TrackPlex reserves the right to:
If your registration(s) with or ability to access the TrackPlex Properties is discontinued by TrackPlex due to your violation of any portion of this Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the TrackPlex Properties through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those TrackPlex Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, TrackPlex reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
The communications between you and TrackPlex use electronic means, whether you visit the TrackPlex Properties or send TrackPlex e-mails, or whether TrackPlex posts notices on the TrackPlex Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from TrackPlex in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TrackPlex provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without TrackPlex’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
TrackPlex shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions, complaints or claims with respect to the TrackPlex Properties, please contact us at: support@trackplex.com We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
YOU AND TRACKPLEX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE TRACKPLEX PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This Agreement is governed and construed in accordance with the laws of India. The courts in Delhi alone shall have exclusive jurisdiction to hear disputes arising out of the TOS without any reference to the conflict of law provisions. The Platform is made available to You by TrackPlex from its offices in India. You agree that: (i) the Services shall be deemed solely based in India; and (ii) the use of the Platform and the Services do not give rise to personal jurisdiction over TrackPlex, either specific or general, in jurisdictions other than India. You agree that the laws of India, excluding India’s choice of law rules, will apply to these Agreement and to the provision of Services by TrackPlex and Your use of the same. TrackPlex makes no representation that the Platform and the Services are appropriate or available for use at other locations outside India. Access to the Platform from jurisdictions where the Services are illegal is prohibited. TrackPlex reserves the right to block access to the Platform by certain international users. If You access the Platform from a location outside India, You are responsible for compliance with all applicable local laws.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
This Agreement are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
July 17th, 2016 - Initial version.