In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signature.
(a) The iOS / Android application mmTrakr (hereinafter referred to as "Application" or "App"), owned by N2Tech Pvt. Ltd., a private limited company incorporated under the laws of India, having its registered office at 334, Pocket - C, Sarita Vihar, New Delhi - 110076, represented by its Directors, Nitish Garg and Navneet Behl, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
If you do not agree with any of these terms, please discontinue using the Application.
(d) We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
To fully avail the services of the Application and use it, registration is required. Membership of this website is available only to those above the age of 18, barring those "Incompetent to Contract" which inter alia include insolvents. If You are a minor and wish to use the Application, You may do so through Your legal guardian and "mTrakr" reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its services.
Further, at any time during Your use of this Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or mTrakr has reason to believe You have done so, We hold the right to permanently suspend Your account.
3 ABOUT US:
"mTrakr" is an automated personal assistant app that helps you manage all your paperwork and documents, expenses, banking accounts, bill reminders, all in one place. The app sets everything AUTOMATICALLY from SMS and photos of your documents. mTrakr helps you keep a track of all your financial accounts and thereby plan your budget more effectively.
For the purpose of providing these services, the App will scan SMS sent to your phone by providers of services and/or products (including but not limited to financial institutions, utility companies and telecom service providers) in connection with a transaction (including purchase, payments, billing information, bill reminders and service notifications related thereto).
Furthermore, the App :
1. Has no direct access to your personal bank, credit card or debit card account information, or any information other than that which is contained in the SMS messages you receive on your phone.
2. Does not scan personal messages or messages sent by a private number which does not belong to a provider of services or products as defined above.
3. Does not require any Bank Login ID or Password, any full account numbers, card numbers or CVV code from you.
Registration for mTrakr
You can sign up for mTrakr with a valid email account and set your own password. Your account will be identified with this Email ID only. All notifications from mTrakr including password and PIN reset emails will be sent on this Email ID only.
By registering for a mTrakr user account, you agree, represent and warrant that:
o All information provided to mTrakr by you is accurate, current and complete and that you will maintain and update such information as it is changed. If you provide any information that is untrue, inaccurate, not current or incomplete, mTrakr has the right to suspend or terminate your account or/and refuse any and all current or future use of the Service (or any portion thereof).
o You will maintain the security of your user account, take responsibility for all activities that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions.
o You do not and have never used or maintained any other mTrakr User Account under a different email address or phone number (the creation of additional User Account(s) shall be considered a violation of this agreement).
o Your registration and your user account, including your User Credit and rewards earned, associated with such User Account, and your rights under this agreement, are personal to you and are non-transferable.
mTrakr does not charge the User a fee to download and use the Application currently. However we reserve the right to amend this policy and charge Users for downloading and installing the Application. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us. All payments shall be made by credit card, debit card, or such other method as We may specify from time to time.
6 USER'S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
o You hereby certify that you are at least 18 years of age
o You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
o You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation to, any usage rules set forth in this Agreement.
o You undertake not to:
(a) Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
(b) access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface that is provided by the Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application is prohibited. You acknowledge and agree that by accessing or using the Application or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Application. Further, You may report such offensive content;
(c) use the Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) mTrakr's services; (ii) any other party's use and enjoyment of our services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
(d) use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
(e) abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
(f) engage in any activity that interferes with or disrupts access to the Application or the Services (or the servers and networks which are connected to the Application);
(g) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application or another's mobile phone;
(h) download any file posted in the Application that you know, or reasonably should know, cannot be legally distributed in such manner;
(i) probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Application, or exploit the Application or Service or information made available or offered by or through the Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Application;
(j) disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, servers or networks connected to or accessible through the Application or any affiliated or linked applications;
(l) violate any applicable laws or regulations for the time being in force within or outside India;
(m) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(n) threaten the unity, integrity, defence, security or sovereignty of India, its friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
(o) disseminate information through the Application that is false, inaccurate or misleading,or violate any applicable laws or regulations for the time being in force in or India .
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE APP, SERVICES AND OTHER MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TRAKR MAKES NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE APP, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
THE USER UNDERSTANDS AND AGREES THAT ANY SERVICE OBTAINED THROUGH THE APP IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE SERVICE. TRAKR ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. YOU UNDERSTAND THAT WE ARE ONLY AN INTERMEDIARY FOR THE TERMS OF SERVICE.
From time to time, the Application may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Application (hereinafter referred to as "Updates"). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
9 ACTIONS UNDERTAKEN BY THE APPLICATION ON YOUR DEVICE:
Upon download and installation of the Application, You grant the following permissions to mTrakr to perform the following actions on the device You have installed the Application in.
(a) To read from, write on, modify and delete data pertaining to the Application on the device's hard disk and/or external storage. We store the documents you click on your SD Card and display them inside the App;
(b) To access information about networks, access networks including wi-fi networks, receive and send data through the network;
(c) To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
(d) To determine Your exact location from sources such as, but not limited to GPS to list outlets near the user;
(e) To access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device;
(f) To retrieve information about other application running on the device the Application has been installed on and open them;
(g) To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
(h) To access and change the display and sound settings of the device the Application has been installed in;
(i) To auto detect sim-card change and flash all data in this event, requiring the user to verify himself again. This is for security against device theft;
(j) To access camera to enable users to add their photographs to the user profile;
(k) To access Device ID & call information on your device to read phone status and identity.
(a) All information, content, services and software displayed on, transmitted through, or used in connection with the Application, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Application, and solely for your personal, non-commercial use.
(b) You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application, not to insert any code or product or manipulate the content of the Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
11 COPYRIGHT COMPLAINTS
(a) We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Application, please contact Us at +91-9899067776 / email us at:hello[at]trakr.co.in
(b) Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Application, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
(1) You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
(2) all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
(3) the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Application that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Applications, to include the information in a searchable format accessible by users of the Application and other affiliated Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
12 GEOGRAPHICAL EXTENT
(a) The Application can currently be used in the country of India. We make no representation that materials or Content available through our Application is appropriate or available for use outside any of these countries.
(b) If You access or use the Application from a country or location apart from those specified above, You are solely responsible for compliance with necessary laws and regulations for use of the Application.
(a) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Application. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
(b) mTrakr has no obligation to provide You with a copy of the information You or any other User provides on the Application or that the Application has accessed.
(c) Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Application.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
(a) Your use or any Third Party's use via Your account of the Service provided by the Application and its Content;
(c) Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
15 DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
15.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
15.2 Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members - one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at New Delhi. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in New Delhi, and You hereby submit to the personal jurisdiction of such courts.
16 TERMINATION OF ACCOUNT BY TRAKR:
mTrakr has the right to terminate your account at its sole discretion assumed under, but not limited to the following circumstances:
- violation of any applicable law or regulation;
- unauthorized transaction through the App;
- impersonate any other user;
- breach of any provision of the Terms of Service;
18 MISCELLANEOUS PROVISIONS:
(a) Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
(b) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
(c) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.