is made, entered into and executed at New Delhi, India on current date (hereinafter referred to as the “Effective
CloudStuff Technologies Pvt
Ltd (hereinafter referred to as “Trackier“) having
office at E-43/1, Okhla Phase II, New Delhi – 110020, India AND you (hereinafter referred to as
“Client”). If you are entering into this Agreement on behalf of a company or other legal entity, you
represent that you have the authority to bind such entity to these terms and conditions, in which case
the term “Client” shall refer to such entity;
Customisable Performance Marketing Software used by Ad Networks, Agencies and Advertisers to manage
publisher relations. The Trackier Performance Marketing Platform enables Clients to create, automate,
measure, and optimise all of your marketing Campaigns, Publishers, and advertisers, creatives and
conversions in one place;
the Client is interested in availing of the web analytics services offered by Trackier, by
registering for a user account online at Trackier.com;
THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and
for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby
acknowledged, Trackier and the
Client, intending to be legally bound, hereby agree as follows:
- AD SERVING is
the process of delivering an ad to be shown in a web page or a mobile app.
- ADVERTISERS Companies
(apps, brands) that have an product or service they want to promote.
IDENTIFIERS are unique character strings associated with user devices that help
monitor and measure user interactions with advertisements and apps. Examples of Ad Identifiers
include IDFA (developed by Apple for the iPhone), Google Ad ID (developed by Google for Android),
and Windows advertising ID (developed by Microsoft for Windows Phone). Each of these Ad Identifiers
can be reset by the user.
- AFFILIATE/PUBLISHERS: An
Affiliate/Publisher is any website that displays advertisements on behalf of an Advertiser. The
terms Affiliate and Publisher can be used interchangeably.
SERRVICE and USER AGREEMENT
refers to the Terms of Service Agreement contained herein below and other policies referred/annexed
- CLICKS refers
to when a User “clicks” on the advertisement and goes to the offer’s page.
- CLIENT, USER, YOU and
YOUR are end users, specifically individuals on websites or mobile apps that see and
potentially interact with Trackier and
have accepted the Company’s Terms of Service. It may include individual employees of a Trackier
- COMMENTS means
user opinion that can be provided on certain parts of Trackier website, including but not limited to
user’s posting and exchanging of opinions, information, material and data.
happen when the User completes the “offer” (e.g. making a purchase on an e-commerce site, installing
a mobile app, filling out a survey, or doing some other action).
- COOKIES are
small text image files stored on your computer either temporarily or permanently to allow websites
to recognize users and keep track of their preferences. While PIXEL
TRACKING are website based and usually work in conjunction with cookies. They
register when the User visits a particular page.
- CONTENT means
all information, data, text, audio, graphics, video, messages, images, reports, advertisements,
software code, design, and the collection, arrangement and assembly of content, contains Third Party
Service Providers’ content.
- GEOGRAPHIC LOCATION
DATA can either be precise (identifying the end user’s precise location) or imprecise
(identifying the end user’s city or country). In Trackier we collect imprecise geographic data
through IP address and/or wifi networks in the end user’s vicinity. We collect this data to help our
clients provide more relevant advertisements and content, and to ensure we comply with country
occur when a User sees an ad for an Advertiser on a Publisher’s site or app.
- INVENTORY is
website or mobile app traffic from Users that can be used for advertising
- IP ADDRESS is a
numerical label attached to any device that connects to the Internet. Most IP addresses are dynamic
i.e. the device’s IP address changes and is not persistently tied to any one device. Trackier
clients may opt to masking IP addresses from certain jurisdiction.
- KYC means know
your User, whereby an organization can demand for identity proof to establish the identity of a
- NETWORK are
brokers between mobile advertisers and publishers.
- PARTY or
PARTIES refers to both the Client and ourselves, or either the Client or
- POSTBACKS are
server-to-server communications between parties (generally through an API).
- PROFILE or
“User Profile” refers to your personal information submitted at the time of registration at Trackier, that
appears on your profile page.
- PROPRIETARY or
CONFIDENTIAL INFORMATION shall include but is not limited to, written or oral
contracts, trade secrets, know-how, business methods, business policies, memoranda, reports,
records, computer retained information, notes, or financial information.
DATA refers to the information to be provided in the registration form that includes
name, email, location and contact and any other information provided later, which except the
sensitive information may also form part of your User Profile.
INFORMATION of a user means such personal information which consists of information
relating to password, financial information, etc as defined under the Information Technology Act and
- THE COMPANY, OURSELVES,
WE and OUR, refers to our Company Trackier, which
is an Intermediary under the Information Technology Act and Rules there under.
- “WEB ANALYTICS
is the measurement, collection, analysis, and reporting of web data for the purposes of
understanding and optimizing web usage; the study of web usage behaviours.
would have the meaning as defined under
Technology Act, 2000 and rules made thereunder or otherwise as per the dictionary
Last Revision: 06 SEPTEMBER
THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING OF SERVICES FROM THIS
WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of
Service Agreement governs your use of this website, Trackier.com. Before you opt to access the Website
or avail the services made available through this Website by Trackier, please
carefully go through these Terms of Service and the accompanying documents referred herein below. These
Terms, Billing, Privacy & other Policies together constitute a legal agreement between you and
connection with your visit to the Website and your subscription to the Services. Compliance with these
Terms of Service would entitle you to a personal, non-exclusive, non-transferable, limited privilege to
access and avail exclusive services at Trackier.
solutions for performance marketers. Trackier is the leading performance marketing platform, used by the
world’s top mobile and desktop networks to manage their online advertising relationships. Clients
use Trackier to
assess the effectiveness of their Affiliate and Publisher relationships – by measuring User clicks and
Though you can
browse through limited information upon the website in order to make proper use of the Trackier.com, you
must be a registered user of the Site. In any case, you agree that, by the access to the Trackier.com
website at any point or by completing the account registration process and clicking the SignUp/Submit
button, you will be bound by this Terms of Service Agreement. We intend this to be the legal equivalent
of your signature on a written contract, and equally binding.
services owned and operated by CloudStuff Technology Pvt Ltd, New Delhi, India, a company duly
incorporated under the provisions of the Companies Act, 2013 is provided to you under the
terms and conditions of this Terms of Service Agreement and any other operating rules or policies
that may be published by us on the website from time to time.
- All the terms set here are presented in the
English language and it is the sole responsibility of the user to understand these terms accurately
in the language he understands. You must read, understand and agree with and accept all of the terms
and conditions contained in these Terms, which include those terms and conditions expressly set out
below and those incorporated by reference before you use services or register at this website.
encourages you to review this Agreement whenever you visit the Website to make sure that you
understand the terms and conditions governing the use of the Website. This Agreement does not alter
in any way the terms or conditions of any other written agreement you may have with Trackier for
other products or services. If you do not agree to this Agreement (including any referenced policies
or guidelines), please immediately terminate your use of the Website.
authorizes you to view and access the content available on the Website solely for the purposes of
availing the Services, such as visiting, ordering, accessing, receiving, delivering and
communicating as per these Terms of Service.
- We reserve the right to change or revise the
terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on
this Website. You should always review them prior to using the Site. In case, any modification to
the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In
case you continue to access any of our services after that time you will be deemed to have accepted
- These Terms of Service constitute an electronic
record in terms of the Information Technology Act and Rules framed thereunder, as applicable and
amended from time to time. This electronic record is generated by a computer system and does not
require any physical or digital signatures. If you would like to preserve/print this Agreement,
please click the print button on your browser toolbar.
- You further understand that the Trackier is
just an Intermediary in terms of Information Technology Act 2000 and is exempt from any liability in
terms of Section 79 of the Information Technology Act, 2000 and rules thereunder.
3. Billing & Refund
- For availing any services at Trackier, you
need to have a registered account with us, at the website by following Sign Up link.
- Our plans have been indicated on the website
under the Pricing section, which has been categorized as Pro, Agency and
Enterprise, with different pricing depending upon the features offered under each of
them. The billing details have been provided under
- At Trackier.com,
we do our best to ensure that you are completely satisfied with our products/services but still,
situation may arise for you to cancel the plans/services. The refund is available only to
Individuals in case account/plan is cancelled within 14 days of first payment.
here for the detailed Billing / Refund Policy applicable to Trackier Clients,
4. User Eligibility
- To be able to use any services offered by
you need to be of competent to Contract in terms of Indian Contract Act, 1872. If you are a minor,
i.e. below 18 years of age in India or below the majority age as per the laws of your country, you
may use the services only during the trial period. Trackier
reserves the right to ask for proof in support of age or even terminate your membership if it is
brought to our notice that account was created by providing age falsely.
- Trackier also reserves the right to ask for a
copy of government ID for KYC purposes.
- You confirm that any court, tribunal or any
adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this
Agreement or online services of nature and function similar to ours.
- Lastly, you confirm that you are not violating
any applicable law by entering this Agreement. We reserve the right to terminate your services and
refuse to provide access to the Site in case of any such violation.
5. Registered Users
services are made available to you subject to registration upon the website in terms of these Terms of
- You are liable to provide true, accurate,
updated and complete profile at Trackier.com
and regularly maintain and promptly update the Profile to keep it true, accurate, updated and
complete, failing which your account can be de-activated/disabled;
- You are expected not only to comply with these
Terms of Service but also applicable law of the land as well, as may be applicable in your
In terms of
the Information Technology Act and rules thereunder, you would not host, display, upload, modify,
publish, transmit, update or share any information that —
- Belongs to another person and to which the user
does not have any right to unless you have written consent from the owner of the copyrighted
- Is grossly harmful, harassing, blasphemous
defamatory, obscene, paedophilic, libellous, invasive of another’s privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatever;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or
other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the
origin of such messages or communicates any information which is grossly offensive or menacing in
- Impersonate another person;
- Contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality of any computer
- Threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognisable offence or prevents investigation of any offence or
is insulting any other nation.
- Is false, defamatory or libelous, inaccurate,
abusive, vulgar, bigotry, hateful, harassing, offensive, obscene, profane, threatening, promoting
racism, promoting illegal activities, promoting physical harm of any kind against any group or
individual, invasive of a person’s privacy, adult material including pornography, or otherwise in
violation of any Indian or International Laws.
- You will use the Trackier
services only for the purpose that are permitted by the aforesaid Terms and any applicable law,
regulation or generally accepted practices or guidelines in the relevant jurisdiction;
- Your Trackier
account and the activity under it are subject to review from time to time by the Trackier. On
the basis of the Trackier’s
report, your account may be blocked or may become subject of deletion if found to be transmitting
objectionable, obscene or offensive material or links to the same or otherwise found to be indulging
in violation of the Code of Conduct, without any prior notice to you;
- You hereby agree to assume sole responsibility
for maintaining the confidentiality of the issued account and password at Trackier and
for restricting access to your Computer and the computers of your employees, officers, agents and
password. You further agree to accept responsibility for all activities that occur under your
account or via the use of your password.
reserve the right to reject any information/data posted over the website without assigning any
reason and make all such modifications/editing to the information submitted in order to fit into the
- Trackier at its
own sole discretion and at any time, may set limitations on the number of transmissions you may send
or receive through the Services or on the amount of storage space that can be used for the provision
of trial service and as a result some features may be blocked or information deleted;
- If your Trackier
account is blocked in any circumstances including as provided under the terms, you may be prevented
from accessing all the services available under this website. Further, you agree that you may not
try to register another account under an anonymous/fictitious name to get access to the site
otherwise for any purpose whatsoever;
- You are solely responsible for utilizing
industry recognized software to detect and disinfect viruses, spyware, malware, and other harmful or
otherwise undesirable components from any downloads that may jeopardize the security of your account
or otherwise cause harm
promptly notify Trackier of any
unauthorized use of your account at Trackier or
otherwise a breach of security related to the Services, including but not limited to unauthorized use of
your password or account. To help ensure the security of your password or account, please sign out from
your account at the end of each session.
8. Code of Conduct
- You agree not to indulge in any kind of Social
Engineering or any act of data mining in a bid to find any information of the registered users at
Trackier.com or build and distribute any data related to Trackier users
in any other manner.
- You will not rent, lease, trade or sell access
to the Services or related information or data. Otherwise, also sell, sponsor, or otherwise
monetize Trackier user
details or any other feature of the service, without our consent.
- You agree to not (and permit anyone else to)
copy, modify or extract the source code of the service or any part thereof. You further agree that
you may not indulge in any kind of process, which may be termed as work of Reverse Engineer unless
this is expressly permitted or required by law or unless you have been specifically told that you
may do so by us, in writing.
- You will not use the Service to distribute or
upload any virus, trojan horses or do anything else that might cause harm to the Service, our
systems or to other users’ systems in any way.
- You agree to not use the platform for any kind
of promotion or spam or chain letters, unsolicited messages or any other related activity through
the use of Trackier
- You will not solicit passwords or personal
identifying information for any purposes from other users or try to crack the password of other
users, which would be termed as a hacking attempt.
- You agree that you will not engage in any
activity that interferes with or disrupts the Trackier Services
(or the servers and networks, which are connected to the Services).
9. User Generated
platform to analyze/optimize the performance of AD campaigns and assess the effectiveness of their
Affiliate and Publisher relationships. Trackier does not
play any role in the process but only provide a platform as an Intermediary, i.e. the users/clients
input the data at their end, while the reports are auto generated at Trackier platform.
certain parts of the website may offer the opportunity for users to post and exchange opinions,
information, material and data. Trackier does not screen, edit, publish or review the user generated
content prior to their appearance on the website and such content do not reflect the views or opinions
its agents or affiliates, but of the person who posts such view or opinion.
To the extent
permitted by applicable laws, Trackier cannot be
held responsible or liable for the use of it’s platform by its clients/users or for any loss cost,
liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or
appearance of any content on this website by a user.
the right to monitor all the content and to remove any content, which it considers in its absolute
discretion to be inappropriate, offensive or otherwise in breach of these Terms of Service.
and represent that:
- You are entitled to input/post the data/content
on our website and have all necessary licenses and consents to do so;
- The content does not infringe any intellectual
property right, including without limitation copyright, patent or trademark, or another proprietary
right of any third party;
- The content do not contain any defamatory,
libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of
- The content will not be used to solicit or
promote business or custom or present commercial activities or unlawful activity.
grant to Trackier a non-exclusive royalty-free license to use, reproduce, edit and authorize others to
use, reproduce and edit any of your content in any and all forms, formats or media.
10. Retention & Backup
- The logs and user data would be retained as a
backup in Trackier server
for at least 3 (three) months from the date of its creation or for such a period as may be required
by any government agency. And otherwise also, we may retain such information in our systems but for
a limited period, which may help not only in complying with the laws of the land but also to make
sure that we maintain enough backup of user accounts, which may either be required to be restored to
the server in unforeseen circumstances or make available the information to the enforcement
agencies, in case of any specific requests received in accordance with the law of the land.
- In case of any technical difficulty in the
system, we will have a backup available with us to restore the Data to the main Server. But in case
of exceptional circumstances, it cannot be assured that we will always have at all times backup
available with us. Further, you as a Trackier user
agree that in no case, Trackier can be
held responsible for the loss of data in any circumstances.
11. Abuse Policy
- The Services provided to you as a registered
user by Trackier may
only be used for lawful purposes. That is, when you sign up for Trackier, you
agree not to use the account to post spam, distribute viruses, scam anyone or otherwise abuse the
service, which is provided above as above.
- The posting, transmission, storage,
distribution or presentation of any Content through the Trackier
platform in violation of any and all applicable laws is prohibited. In case any violation of either
this Agreement or Law otherwise is discovered, we may suspend the account and immediately initiate
an investigation either internally or through any government agency, depending upon the
circumstances of the case.
- We may, at any and all times, in our sole and
absolute discretion, during such an investigation, restrict your access in order to prevent any
further possible unauthorized activity. Depending on the severity of the violation, we may, at its
sole discretion, restrict, suspend, or terminate a User’s account and/or pursue other legal
- You agree to grant Trackier the
rights to reveal your identity (or any other related information collected on this service) if
required by law or in case of any legal action or complaint arising from any situation caused by
your use of this site. In exercising this right, we may ask you to provide any documentary or other
forms of evidence supporting the Content you have stored/transmitted through Trackier. If
you fail to produce such evidence, we may, in our sole discretion, block/terminate your access
- Trackier may
also randomly monitor the user accounts. Any such monitoring is done for evaluation purposes by
supervisors and all the information is kept confidential. This is solely done to guarantee the
highest level of service and to ensure accurate information is provided in a professional manner and
may also help to detect any violations as stated above.12. Termination
- You are hereby informed that in case of
non-compliance with the updated rules, Terms of Service Agreement including policies referred herein
as posted on Trackier.com,
management has the right to immediately terminate the access or usage rights of the users to the
services and also remove non-compliant information;
- You further agree that we, in our sole
discretion, may terminate your Trackier
account or password or use of any or all of the services, for any legal reason or complexities,
including, without limitation, for improper use of any service or if we believe that you are not
eligible to become a registered user. We may also in our sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice;
- Further, at the time of registration at Trackier, if
you provide any information that is untrue, inaccurate, not current or incomplete or we have a
reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete,
or not in accordance with the Terms of Service Agreement. We have the right to indefinitely suspend
or terminate your access and refuse to provide you with access to the Website.
- Lastly, you agree that Trackier shall
not be liable to you or any third-party for any termination of your access to the Service in any of
the above circumstances or due to any other unforeseen circumstance or legal complexities.
In any case,
you may terminate your service at any point with or without cause by writing to us
13. Monitoring and
- To ensure users receive the highest possible
level of service, Trackier may
randomly monitor the Trackier
services. Any such monitoring is done for evaluation purposes by supervisors and all the information
is kept confidential. This is solely done to guarantee the highest level of service and to ensure
accurate information is provided in a professional manner.
- In case of any Grievance with respect of any
services, user can contact the grievance officer, whose details have been published later herein
under these Terms.
- You can obtain assistance with any technical
difficulty that may arise in connection with the user’s utilization of the Trackier
services by requesting assistance via email to info@Trackier.com. We reserve the right to
establish limitations on the extent of such support, and the hours at which it is available.
- You are responsible for obtaining and
maintaining all telephone, computer hardware and other equipment needed for its access to and use of
Services and users shall be responsible for all charges related thereto.14. Governing
These Terms of
Service is published in compliance of, and is governed by the provisions of Indian laws, including but
limited to Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and
clarifications framed thereunder; Consumer Protection Act, 1986 and Indian Contract Act, 1872 (“Contract
to use the service in compliance with applicable law and this Agreement and the annexed documents.
- The Terms of Service and the relationship
between you and Trackier shall
be governed by the laws of India. The Courts of law at New Delhi,
India shall have exclusive jurisdiction over any disputes arising under this
Agreement or other related issue arising out of the use of this site or related services. Our
failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver
of such right or provision.
- If any provision of the Agreement is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavour to give effect to the parties’ intentions as reflected in the provision, and agree that
the other provisions of the Agreement remain in full force and effect.
- Client agrees that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to use of the Service or
the Agreement must be filed within one (1) year after such claim or cause of action arose, or be
- Clients/Visitors who choose to visit these
websites from other jurisdictions do so, on their own initiative. Those visitors are solely
responsible for compliance with all laws, rules, and regulations, union, state, and local or
foreign, applicable to the use of this website and information, content, material and services
- The section titles in this Agreement and
annexed documents are for convenience only and have no legal or contractual effect.
Third Party Legal
Actions: It is our policy to respond with reasonable promptness to subpoenas and other
legal process served on Trackier that seek
information, documents or other business records. Third parties wishing to serve such process may do so
in writing to the following address:
otherwise stated, all the intellectual property used on the Website except those which have been
identified as the intellectual properties of the other Parties shall remain the exclusive property of
the Company. You may view and/or print pages from Trackier.com for
your own personal use subject to restrictions set in these terms and conditions. You must not:
- Republish material from https://Trackier.com
- Sell, rent or sub-license material from
- Reproduce, duplicate or copy material from
on the Website or otherwise may not be modified, copied, reproduced, distributed, republished,
downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but
not limited to, electronic, mechanical, photocopying, recording or other means.
- Subject to the provisions of this Agreement,
each Party will continue to independently own his/her/its intellectual property, including all
patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets,
proprietary processes and all other forms of intellectual property. Any improvements to existing
intellectual property will continue to be owned by the Party already holding such intellectual
- Without limiting the generality of the
foregoing, no commercial use rights or any licenses under any patent, patent application, copyright,
trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by
the Client, or by any disclosure of any Confidential Information to the Client under this Agreement.
- Client shall further ensure that by availing of
any website services, he is not infringing upon any intellectual property rights or other rights of
any person or entity, or does not publish any content that is libellous or illegal while using
services under this Agreement. Client acknowledges that Trackier cannot
and does not check to see whether any services or the use of the services under this Agreement,
infringes legal rights of others.
- Any use the materials contained on the Services
and/or the Site without the prior written permission of Trackier, is
strictly prohibited and will terminate the membership. Such unauthorized use may also violate
applicable laws including without limitation copyright and trademark laws and applicable
communications regulations and statutes.
- Further, the Client agrees to indemnify Trackier
against any and all liability, loss, damage, costs, legal costs, professional and other expenses, of
any nature whatsoever incurred or suffered by the Client or by the Third Party whether direct,
indirect or consequential arising out of any dispute brought by the third party alleging
infringement of his intellectual property rights by the Website, the Content or the Software.
- Unless, you have been specifically permitted to
do so or have a separate Agreement with us, you agree that you will not use any trademark, service
mark, trade name, logo of any company or organization in a way that is likely or intended to cause
confusion about the owner or authorized user of such marks, names or logos.
- In case of any notice received under DMCA or
otherwise for Intellectual Property violation. Trackier
reserves the right to remove the content with or without issuing any notice to the Client, depending
upon the seriousness of the matter.
- Most of the modern day interactive web sites
our site to enable the functionality of this area and ease of use for those people visiting. Some of
17. Linking to the Web
- The following organizations may link to our Web
site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
directory distributors when they list us in the directory may link to our Web site in the same manner as
they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except
soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may
not hyperlink to our Web site.
- These organizations may link to our home page,
to publications or to other Web site information so long as the link: (a) is not in any way
misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and
its products or services; and (c) fits within the context of the linking party’s site.
- We may consider and approve in our sole
discretion other link requests from the following types of organizations:
- Commonly-known consumer and/or business
information sources such as Chambers of Commerce, American Automobile Association, AARP and
- dot.com community sites;
- Associations or other groups
representing charities, including charity giving sites,
- Online directory distributors;
- Internet portals;
- Accounting, law and consulting firms
whose primary clients are businesses; and
- Educational institutions and trade
- We will approve link requests from these
organizations if we determine that: (a) the link would not reflect unfavourably on us or our
accredited businesses (for example, trade associations or other organizations representing
inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to
link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us
from the visibility associated with the hyperlink outweighs the absence of Trackier; and (d) where
the link is in the context of general resource information or is otherwise consistent with editorial
content in a newsletter or similar product furthering the mission of the organization.
organizations may link to our home page, to publications or to other Web site information so long as the
link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
of the linking party and it products or services; and (c) fits within the context of the linking party’s
- If you are among the organizations listed above
and are interested in linking to our website, you must notify us by sending an e-mail
to udit.verma@Trackier.com. Please include your name, your organization name, contact
information (such as a phone number and/or e-mail address) as well as the URL of your site, a list
of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to
which you would like to link. Allow 2-3 weeks for a response.
- Approved organizations may hyperlink to our Web
site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web
address) being linked to; or
- By use of any other description of our Web site
or material being linked to that makes sense within the context and format of content on the linking
No use of
Trackier’s logo or other artwork will be allowed for linking absent a trademark license agreement.
- Further, without prior approval and express
written permission, you may not create frames around our Web pages or use other techniques that
alter in any way the visual presentation or appearance of our Web site.
We reserve the
right at any time and in its sole discretion to request that you remove all links or any particular link
to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
links from our website
- If you find any link on our Web site or any
linked web site objectionable for any reason, you may contact us about this. We will consider
requests to remove links but will have no obligation to do so or to respond directly to you.
- Whilst we endeavour to ensure that the
information on this website is correct, we do not warrant its completeness or accuracy; nor do we
commit to ensuring that the website remains available or that the material on the website is kept up
- Any notice or other communication required or
permitted to be delivered to Trackier under
this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered
when sent to our contact address specified on the Contact Page by registered mail or courier. Any
communication shall be deemed to have been validly and effectively given, on the date of receiving
such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours
local time, and otherwise on the next Business Day.
- When you visit the Site or send emails to us,
you are communicating with us electronically. You consent to receive communications from us
electronically. We will communicate with you by email or by posting notices on the Site. You agree
that all agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing. And, by special
permissions, you may opt for electronic communication in communicating with us by writing to
19. Entire Agreement
This Terms of
Service Agreement constitute the entire agreement between the parties with respect to the subject matter
hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.
- Trackier shall
address any grievances of users, whether registered or not, with respect to website content or any
other aspects connected therewith, in a time bound manner. For this purpose, Trackier has
designated the following person as Grievance Officer in terms of
Technology Act, 2000:
Mr Udit Verma
E-43/1, Okhla Phase II, New Delhi – 110020
Hours: 3 PM –
- The appointed officer shall acknowledge the
complainant within 36 hours electronically and resolve the matter within 30 days in terms of the
Information Technology Law if it is received through a government agency or based upon court order
(in accordance with order of Hon’ble
Supreme Court of India). In other cases, Trackier would
look into the matter and try to resolve as far as possible.21. Disclaimer
you to view and access the content available on the Website solely for the purposes of availing the
Services offered by Trackier.com, including but not limited to visiting, using, ordering, generating,
analyzing and communicating only as per these Terms of Service. By the use of the online services at
Trackier, you acknowledge and undertake that you are accessing the services and transacting at your own
risk and are using your best and prudent judgment before entering into any transactions through the
website. Trackier makes no
representations about the quality of the products/services offered or the accuracy of
statistics/analysis generated at Trackier. Users use
the Services at their own risk.
The service is
provided by Trackier on an “as
is” and “as available” basis. To the maximum extent permitted by applicable law, we exclude all
representations, warranties and conditions relating to our website and the use of this website
(including, without limitation, any warranties implied by law in respect of satisfactory quality,
fitness for purpose and/or the use of reasonable care and skill). Further,
- We make no warranty on any results obtained by
the use of the service.
- We make no warranty on the accuracy or
reliability of any information obtained by the use of service.
- We make no warranty that the service will meet
- We make no warranty on any technical defects in
the website will be corrected.
- We make no warranty that the service will be
persistent, timely, secure, error-free.
- We are neither responsible nor liable for any
result that arises due to the use of service by any user or content posted or transmitted through
the site by any user.
- We do not assume any responsibility or
liability for any illegal communication or Content posted or transmitted on the Site by any User or
any third party.
But nothing in
this disclaimer will:
- Limit or exclude our or your liability for
death or personal injury resulting from negligence;
- Limit or exclude our or your liability for
fraud or fraudulent misrepresentation;
- Limit any of our or your liabilities in any way
that is not permitted under applicable law; or
- Exclude any of our or your liabilities that may
not be excluded under applicable law.
whether civil or criminal arising out of any Content that is hosted or transmitted through the servers
(including but not limited to messages/communication of electronic or any other means) will be of that
User / third party who has Hosted such Content or communicated/transmitted such content or information.
We reserve the right to claim damages from such User / Third party that it may suffer as a result of
such Content Posted on the Site or transmission of information through the communication of any kind.
assumes no responsibility or liability from any loss incurred by any information presented online,
either upon the website or otherwise. Users using the services herein are solely responsible for their
actions. As we do not warrant the accuracy, completeness, or usefulness of any information presented
therein. User expressly agrees that use of the service is at the user’s sole risk.
as a Trackier
user… you acknowledge and accept the inherent risks, characteristics and limitations of the internet,
particularly in terms of technical performance of the website, response times to view, verify or
transfer information; and the risks inherent in all third party links, connections and transfers via the
- Trackier shall
be not responsible or liable for the authenticity, accuracy, completeness, errors, omission,
typographical errors, disruption, delay in operation or transmission, communications line failure,
interruption or malfunction (including but not limited to any kind of technical aspects), deletion,
defect of any information, reports, service stops functioning due to technical problems, certain
features not functioning at any point in the web site or any part thereof;
- Any material and/or data downloaded or
otherwise obtained through the use of the Trackier is
done at user’s own discretion and risk and that user will be solely responsible for any damage to
user’s computer system or loss of data that results from the download of such material and/or data.
In this respect, you agree that it is your responsibility to install an anti-virus program locally
on your computer and protect against any viruses, bugs or any other harmful computer routines;
- Trackier is not
liable for any result that may arise from your contact, communication in any form, coordination,
relation or transaction; either with advertisers, sponsors, other websites or any resources that may
be hyperlinked or any third party, and you are liable for any contract/term that may or shall be
established by you, with these third parties, advertisers, sponsors, other websites or resources
that may be hyperlinked in the web site or any part thereof;
- Trackier has no
control over other website or resources which are provided by companies or persons and is not liable
for any loss or damage which may be incurred by you or by your use of service to any third party as
a result of the availability of any information contained on-site or external sites or resources or
any advertisement or hyperlinks, etc. in the web site or any part thereof;
- Trackier cannot
guarantee that the information submitted to, maintained on, or transmitted from our systems will be
completely secure and transmission of information over the Internet is susceptible to possible loss,
misrouting, interception and misuse;
To the extent
that the website and the information and services on the website are provided free of charge, we will
not be liable for any loss or damage of any nature.
For and on
Technology Pvt Ltd