Business Terms
By accepting these Business Terms, you agree and consent to Business Terms, Terms of Use and Privacy Policy which represents the entire agreement between You and BITTRACKERZ PRIVATE LIMITED regarding the use of the services provided by BITTRACKERZ.
These documents are designated to inform You about Your rights and obligations when using the services provided by BITTRACKERZ.
1. Definitions
1.1. Company - BITTRACKERZ PRIVATE LIMITED, address: Office 1538/E, 12th Cross Rd, 2nd Block, 4th Stage, BTM Layout, Bengaluru, Karnataka 560076, India. (Hereinafter - BITTRACKERZ).
1.2. Affiliate - 1538/E, 12th Cross Rd, 2nd Block, 4th Stage, BTM Layout, Bengaluru, Karnataka 560076, India.
1.3. You - a natural person or a legal entity who uses, subscribes, purchases relevant services or products from BITTRACKERZ.
1.4. Services - the services provided by BITTRACKERZ in accordance with these Business Terms, Software Licence terms.
2. Eligibility
2.1. To access or use the services provided by BITTRACKERZ, you must be authorized representative of legal entity or at the age of majority according to the relative legislation. By accepting these Business Terms, you assure that the information You provide is accurate, complete and always present. Inaccurate or incomplete information may result in the immediate termination of Your account via BITTRACKERZ.
3. Obligations
3.1. BITTRACKERZ will provide the services in a competent and eligible manner and in accordance with these Business Terms.
3.2. You shall ensure to make use of the services provided by BITTRACKERZ in accordance with these Business Terms and shall be responsible for any breach of it.
3.3. You must co-operate with BITTRACKERZ in all matters relating to the use of services.
4. Validity
4.1. These Business Terms take effect as of the date of registration on BITTRACKERZ platform and subscribing any services or products of BITTRACKERZ.
5. Payment
5.1. All payments are made to BITTRACKERZ Affiliate PayPal, Razorpay via our third-party secure payment handler. Which is very secure third-party payment gateway.
5.2. You shall transfer the payment of the full amount specified in the relevant software subscription plan or product information using one of the following payment methods: credit card (Visa, Master Card), PayPal if not designed in website other payment method. All amounts due under these Terms are payable in applicable and indicated currency.
5.3. Your request shall only be deemed to be accepted if BITTRACKERZ has received a full payment.
5.4. You agree that, for each period, the amount set out in software subscription plan may be withdrawn automatically from the Your account.
5.5. You agree to notify immediately BITTRACKERZ promptly in writing of any changes to Your billing information during the validity of these Business Terms.
6. Prices
6.1. BITTRACKERZ has a right to change the prices of its software products and/or relevant subscription plans at any time at its sole discretion without prior notice.
7. Delivery
7.1. We will notify you by way of email when your order is available. In most cases your order will be available for downloading or accessing once your payment is confirmed.
8. Refund & Return Policy
8.1. Software
8.1.1. (A) If a customer is not completely satisfied with our GPS software after 7 days of use, we suggest not to purchase our software after the full trail period. If you buy that minute you are satisfied with our GPS software, and in that scenario, we cannot provide a refund. (B) Refunds requested more than 7 days after Your initial purchase date will not be issued unless the transaction was the result of a fraudulent purchase. (Software price not refund if you buy after used trail period.)
8.2. Hardware
8.2.1. If the item is broken or not working properly, you have up to 7 working days to contact us (in other instances the money will be not refunded). If You would like to return an item, please send an email to: sales@bittrackerz.com. We will respond with the return address and an identifying number for You to enclose with the returned item. Please note: if You do not send email within 7 working days after You receive the order, we will not be able to process Your return.
8.2.2. We will process Your refund through PayPal / Razorpay after receiving the items providing, they are unused and in a saleable condition. Return shipping is paid by the buyer, unless the received item is defective or not working. Please note, buyer must send order back to BITTRACKERZ via a postal service, which have tracking function.
8.2.3. All returned items will be subject to inspection. A full refund is only processed for buyers that return items unused and returned in their original packaging. Otherwise, if a return is received in not a saleable condition and the packaging is broken, you will be charged 20% of the retail price of the item.
9. Confidentiality
9.1. You are responsible for maintaining the confidentiality of Your account and password, including but not limited to the restriction of access to Your computer/mobile device and/or account. You agree to accept full responsibility for any and all activities or actions that occur under Your account and/or password. We accept no liability for any losses or damages incurred as a result of your account details being shared by You.
9.2. You must notify BITTRACKERZ immediately upon becoming aware of any breach of security or unauthorized purchase or other irregular use of Your account.
10. Intellectual property
10.1. BITTRACKERZ is, and shall be, the sole and exclusive owner of all titles, logos, trademarks and copyrights displayed on the website and mobile application, or contained in the documents and other materials that are created, made or conceived in the course of performing the services, including all intellectual property rights therein (hereinafter – intellectual property). You shall not copy, reproduce, store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use, transfer (either in printed, electronic or other form) or exploit any intellectual property, in whole or in part, for commercial purposes or in any way that does not comply with these Business Terms or applicable laws without prior written permission of BITTRACKERZ. In addition, the look of the website and mobile application, including all page headers, custom graphics, button icons, and scripts, is the trademark of BITTRACKERZ and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BITTRACKERZ.
10.2. The use or misuse of BITTRACKERZ’s trademarks or other intellectual property, except as specifically permitted by these Business Terms, is prohibited. You shall promptly notify BITTRACKERZ if You recognise or suspect that any of BITTRACKERZ’s intellectual property rights has been violated or infringed.
11. Restrictions
11.1. BITTRACKERZ accounts are non-transferable and funds are not refundable for active accounts. BITTRACKERZ does not allow hidden tracking. You cannot use our services to track a person without their permission or the object without the owner`s permission. You cannot use BITTRACKERZ services where such actions are illegal. You cannot send automatic requests to BITTRACKERZ, try to mislead BITTRACKERZ authentication measures, try to reverse engineer our software or our protocols and be involved in activities which damage our systems. BITTRACKERZ accounts are non-transferable, and funds are not refundable for active accounts. It is Your responsibility to make sure that Your use of GPS tracking does not violate provisions of relevant legislations and You agree to accept full liability for any violation of aforementioned terms.
12. Disclaimer
12.1. Your use of the services is at your own risk.
12.2. You understand and agree that the services provided by BITTRACKERZ are provided as is and as available, without express or implied warranty or condition of any kind. BITTRACKERZ makes no representations about suitability of the services and does not warrant that: i) the services will be of satisfactory quality, uninterrupted, secure or available at any particular time or location ii) the services will not infringe the rights of third parties iii) the services will be compatible with all systems iv) the content on the website and mobile application is free of viruses or other harmful content v) the results of using the services will meet your requirements.
12.3. No part of the website or mobile application is intended to constitute advice and the content of the website or mobile application should not be relied upon when making any decisions or taking any action of any kind.
13. Indemnification
13.1. You agree to defend, indemnify and hold BITTRACKERZ, its affiliates, directors, officers and employees harmless, including costs and attorney’s fees, from any claim or demand made by any third party due to Your use of the services, Your violation of these Business Terms, and/or Your violation of any other right of any person or entity.
13.2. You agree that BITTRACKERZ, its affiliates, directors, officers or employees shall not in any circumstances be liable for any loss of profits, business, business opportunities, revenue, reputation, goodwill, anticipated savings or wasted expenditure, any loss or corruption of data or information, any loss or liability under or in relation to any other agreement, any indirect or consequential losses or any punitive, exemplary or special damages arising from or relating to any errors or failures of the products and/or performance of the services by BITTRACKERZ, regardless of any notice of the possibility of such damages.
13.3. BITTRACKERZ has no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
13.4. BITTRACKERZ shall not be liable for any failure or delay in performing any of its obligations under these Business Terms to the extent caused by any delay or failure by You in performing any of the Your obligations under these Business Terms.
13.5. BITTRACKERZ shall not be liable for any improper or incorrect understanding of the information described and/or contained herein and assumes no responsibility for anyone's misunderstanding of such information.
13.6. Nothing in these Business terms excludes or restricts BITTRACKERZ liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the website or mobile application.
14. Limitation of Liability
14.1. Any liability of BITTRACKERZ shall be limited to rescission of sale and refund of purchase price.
15. Termination
15.1. Your account via BITTRACKERZ may be terminated by You or BITTRACKERZ. You may terminate your account via BITTRACKERZ at any time at Your sole discretion.
15.2. BITTRACKERZ reserves the right to terminate Your account without stating any reason. If Your account is terminated, any current or pending purchases on Your account will be cancelled.
15.3. BITTRACKERZ, also, reserves the right to cancel purchases on Your account without explanation, for any reason prior to processing the payment.
15.4. If You violate any of these Business Terms, BITTRACKERZ has a right to:
15.4.1. terminate Your account via BITTRACKERZ and Your right to use any of BITTRACKERZ services; and/or
15.4.2. require to compensate all and any direct losses including third-parties’ expenses, resulting from such violation.
16. Changes to Business Terms
16.1. BITTRACKERZ PRIVATE LIMITED has the right to change these Business Terms at any time for any reason without prior notice. The changes will be posted on the BITTRACKERZ website and mobile application. If You use the BITTRACKERZ services after modification of these Business Terms, it poses as an acceptance of the updated Business Terms.
17.Notices
17.1. Any notice or other communication between You and BITTRACKERZ shall be sent by post to BITTRACKERZ Affiliate BITTRACKERZ PRIVATE LIMITED (please see the address above) or by e-mail to info@bittrackerz.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the e-mail is received in full on a business day and on the next business day if the e-mail is sent on a weekend or public holiday.
18. General
18.1. These Business Terms, Terms of Use and Privacy Policy constitute the entire agreement between You and BITTRACKERZ PRIVATE LIMITED with respect to access and use the services provided by BITTRACKERZ PRIVATE LIMITED.
18.2. You agree that these Business Terms, Terms of Use, Privacy Policy and other legal documents posted on the website and mobile application have been drawn up in English.
19. No Waiver
19.1. In the event that any party to these Terms of Use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20. Severance
20.1. If any provision of these Business Terms is invalid, illegal or unenforceable in any respect under any applicable legislation, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Business Terms shall be binding.
21. Governing law
21.1. These Business Terms shall be governed by and construed in accordance with Indian law.
22. Dispute resolution
You agree to make a diligent, good faith attempt to resolve any disputes or controversies relating to or arising out of these Business Terms by informal negotiations within 30 (thirty) calendar working days. At the time of informal conversation, you agree to avoid any actions or behaviours, including but not limited to, actions in the media or social networks that may damage the reputation of BitTrackerz Private Limited, its affiliates, employees or customers, or harm BitTrackerz, regardless of where and when such action will take place. If there is a failure to resolve any such dispute or dispute through negotiation, or if negotiations do not commence, the Indian Courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Commercial Terms.
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