TERMS
& CONDITIONS
This website is owned and managed
by Vinoxo Agritech Private
Limited. By accessing and using the www.trackerist.com web site, (the "Web
Site"), you are agreeing to be legally bound by these Terms &
Conditions. The terms "you" and "User" refer to anyone who
accesses the Web Site.
As you browse through the website
you may access other web sites that are subject to different terms of use. When
you use those sites, you will be legally bound by the specific terms of use
posted on such sites. If there is a conflict between these Terms &
Conditions and the other terms and conditions, the other terms & conditions
will govern with respect to use of such pages.
Vinoxo
Agritech Private Limited may change these Terms &
Conditions at any time without notice. Changes will be posted on the website
under "Terms & Conditions".
Your use of the Web Site after any
changes have been posted will constitute your agreement to the modified Terms
& Conditions and all of the changes. Therefore, you should read these Terms
& Conditions from time to time for changes.
1) USE OF THE WEB SITE
Vinoxo
Agritech Private Limited hereby grants you a
non-exclusive, non-transferable, limited license to access and use the Web Site
for the fees, if applicable, and under the terms set forth below.
The Web Site and the content,
including, but not limited to, text, data, reports, opinions, images, photos,
graphics, graphs, charts, animations and video (the "Content"),
displayed on the Web Site, may be used only for your personal and
non-commercial use. Except as otherwise permitted under these Terms &
Conditions, you agree not to copy, reproduce, modify, create derivative works
from, or store any Content, in whole or in part, from the Web Site or to
display, perform, publish, distribute, transmit, broadcast or circulate any
Content to anyone, or for any commercial purpose, without the express prior
written consent of Vinoxo Agritech
Private Limited.
The Content is the exclusive
property of Vinoxo Agritech
Private Limited or its licensors, and is protected by copyright and other
intellectual property laws. All trade names, trademarks, service marks and
other product and service names and logos on the Web Site and within the
Content are proprietary to their respective owners and are protected by
applicable trademark and copyright laws. Any of the trademarks, service marks
or logos (collectively, the "Marks") displayed on the Web Site may be
registered or unregistered marks of Vinoxo Agritech Private Limited or others. Nothing contained on
this Web Site should be construed as granting any license or right to use any
of the Marks displayed on the Web Site without the express written permission
of Vinoxo Agritech Private
Limited or a third-party owner of such Marks. Any unauthorized uses of the
Marks or any other Content are strictly prohibited. To request permission to
use any Content or other Vinoxo Agritech
Private Limited material, please contact Vinoxo Agritech Private Limited at info@trackerist.com
You may not use the Web Site for
any unlawful purpose. You shall honor all reasonable requests by the website to
protect Vinoxo Agritech
Private Limited’s proprietary interests in the website.
2) REGISTRATION
As part of the registration process,
you must select a username and password and provide the website with accurate,
complete, and updated information. Failure to do so constitutes a breach of
this Agreement, which may result in immediate termination of your access.
3) LIMITATION OF LIABILITY
You are entirely liable for
activities conducted by you in connection with your browsing and use of the Web
Site. If you are dissatisfied with the Content or the Web Site or with these
Terms of Use, your sole and exclusive remedy is to stop using the Content and
the Web Site. The website will not pay you any damages in connection with your
browsing or use of the Web Application.
Due to the number of sources from
which the Content is obtained and the potential hazards of electronic
distribution, there may be delays, omissions or inaccuracies in such Content
and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS",
WITHOUT ANY WARRANTIES. NEITHER THE WEBSITE NOR Vinoxo
Agritech Private Limited MAKES ANY GUARANTEES OR
WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR
RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE WEB APPLICATION, THE WEB
SITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED
(VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEB SITE. THE
WEBSITE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF
NON- INFRINGEMENT. NEITHER THE WEBSITE NOR Vinoxo Agritech Private Limited SHALL BE LIABLE TO THE USER OR
ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR
OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO
EVENT WILL THE WEBSITE, Vinoxo Agritech
Private Limited NOR ANY OF THEIR THIRD PARTY LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING
BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER
IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH
DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEB SITE.
NEITHER THE WEBSITE NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE
WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND
ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE
WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL THE
WEBSITE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE
WEB SITE.
The website assumes no
responsibility for the use of third-party software on the website and shall
have no liability whatsoever to any person or entity for the accuracy or
completeness of any outcome generated by such software.
4) LINKS TO OTHER WEB SITES
You may, through hypertext or other
computer links, gain access to web sites operated by persons other than the
website Such hyperlinks are provided for your reference and convenience only,
and are the exclusive responsibility of such web sites' owners. You agree that
the website is not responsible for the content or operation of such web sites,
and that the website shall have no liability to you or any other person or
entity for the use of third-party web sites. Except as described below, a
hyperlink from this Web Site to another web site does not imply or mean that
the website endorses the content on that web site or the operator or operations
of that site. You are solely responsible for determining the extent to which
you may use any content at any other web sites to which you link from the Web
Site.
5) THE USER'S CONTENT
The User grants to Vinoxo Agritech Private Limited the
non-exclusive right to use all material entered into the Web site by the User
(other than third-party material transmitted through private electronic mail)
in any of Vinoxo Agritech
Private Limited’s print or electronic publications ("Other Content").
Users entering material into the
Web site are responsible for the Other Content. Neither the website nor Vinoxo Agritech Private Limited has
any responsibility for Other Content, including the content of any messages or
information posted by Users or others, or for the content of information
accessible via direct or indirect hyperlinks from the Web Site. However, the
website retains the right, which it may or may not exercise in its sole discretion,
to review, edit, or delete Other Content that the website deems to be illegal,
offensive, or otherwise inappropriate.
You may not input or distribute any
material through the Web Site that is promotional in nature, including
solicitations for funds or business, without the prior written authorization of
the website.
The User agrees to indemnify the
website and Vinoxo Agritech
Private Limited from all damages, liabilities, costs, charges and expenses,
including reasonable attorneys' fees, that the website, Vinoxo
Agritech Private Limited, their affiliates,
employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material
entered into the Web site with the use of the User's screen name or password.
6) PAYMENTS, CANCELLATION & REFUNDS
All information, reports, content
and access rights purchased on the website are non-refundable.
We as a merchant shall be under no
liability whatsoever in respect of any loss or damage arising directly or
indirectly out of the decline of authorization for any Transaction, on Account
of the Cardholder having exceeded the preset limit mutually agreed by us with
our acquiring bank from time to time.
7) ADDITIONAL LEGAL TERMS
This Agreement will continue until
terminated by either the or you. Either party can terminate the Agreement by
notifying the other party by telephone or electronic mail of the decision to
terminate.
Vinoxo
Agritech Private Limited may discontinue or change
the Web Site or its availability to you, at any time.
This Agreement constitutes the
entire agreement between the parties relating to Web site and supersedes any
and all other agreements, oral or in writing, with respect to the Web Site. The
failure of the website, to insist upon strict compliance with any term of this
Agreement shall not be construed as a waiver with regard to any subsequent
failure to comply with such term or provision. This Agreement is personal to
you, and you may not assign your rights or obligations to anyone. If any
provision in this Agreement is invalid or unenforceable under applicable law,
the remaining provisions will continue in full force and effect. This
Agreement, your rights and obligations, and all actions contemplated by this
Agreement shall be governed by the laws of Republic of India and subject to
jurisdiction of courts of India, as if the Agreement was a contract wholly
entered into and wholly performed within India, and any litigation related to
this Agreement shall be brought exclusively in the courts of India. All rights
not expressly granted herein are reserved.
8) ANTI-HACKING PROVISION
You expressly agree not to use this
Web Site in any manner or for any purpose that is prohibited by these terms and
conditions. In addition, you expressly agree not to:
(1) use the Web Site for any
purpose that is prohibited by any law or regulation, or to facilitate the
violation of any law or regulation;
(2) use or attempt to use any
"deep-link," "scraper," "robot," "bot,"
"spider," "data mining," "computer code" or any
other automated device, program, tool, algorithm, process or methodology or
manual process having similar processes or functionality, to access, acquire,
copy, or monitor any portion of the Web Site or any data or content found on or
accessed through the Web Site without prior express written consent;
(3) obtain or attempt to obtain
through any means any materials or information on the Web Site that have not
been intentionally made publicly available either by their public display on
the Web Site or through their accessibility by a visible link on the Web Site;
(4) in any way bypass or circumvent
any other measure employed to limit or pre-vent access to the Web Site or its
content;
(5) violate the security of the Web
Site or attempt to gain unauthorized access to the Web Site, data, materials,
information, computer systems or networks connected to any server associated
with this Web Site, through hacking, password mining or any other means;
(6) interfere or attempt to
interfere with the proper working of the Web Site or any activities conducted
on or through the Web Site, including accessing any data, content or other
information prior to the time that it is intended to be available to the public
on the Web Site;
(7) take or attempt any action
that, in the sole discretion of this Web Site's operators, imposes or may
impose an unreasonable or disproportionately large load or burden on the Web
Site or such operation's infrastructure.