In this Agreement, “we,” “us,” “our,” or “TrackNerd GPS” refer to TrackNerd GPS, TrackNerd GPS Private limited and its affiliates, including without limitation its officers, directors, shareholders, representatives and related entities. “You,” “your,” “customer,” or “user” refers to an account holder or user of record with us.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT ALSO LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. NOTE THAT A DIFFERENT DISPUTE RESOLUTION PROCESS MAY APPLY FOR SERVICES PROVIDED BY ANOTHER COMPANY, SUCH AS NETWORK CARRIER, BUT THE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT STILL APPLY TO OUR SERVICES.
This Agreement becomes effective when you do any of the following:
We reserve the right to: Modify or withdraw, temporarily or permanently, this Agreement (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Agreement; and/or Change the Conditions from time to time, and your continued use of the device (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the device. Certain provisions of these Agreement may be superseded by expressly designated legal notices or terms located on particular pages of this Agreement.
Your Service will continue month-to-month unless you provide notice (“Discontinuation Notice”) to us
of your request to discontinue Service in accordance with this Section.
In order for a Discontinuation Notice to be effective, the account with respect to which a Discontinuation Notice is given must be current on all payments. Discontinuation Notice will not be effective, and the subject account will remain open, unless and until all amounts owing on the subject account are paid through and including the last day of the calendar month in which Discontinuation Notice is given. Discontinuation Notice must include the following information:
If you purchased your device on www.tracknerd.io, and if you return your device within the 14 calendar days from your date of receipt of the Device (the “Trial Return Period”), then, subject to your compliance with the terms and conditions of this Section, you will receive 100% of your original purchase price for the Device. During the Trial Return Period, your return may be for any reason. To be eligible for a refund, a Device must be in substantially new condition, and the return must be post-marked (or otherwise delivered to the relevant carrier or received by us) by the 14th day after the date of your receipt of the Device. Refunds will not be issued for Devices that have been damaged or altered in any way, including by affixing adhesive or other items to the Device. For all returns, including returns within the Trial Return Period, you will be responsible for the shipping costs back to our office. Refunds will be issued for the purchase price of the Device only; refunds will not be issued for activation fees, subscription payments, original shipping fees, or any other fees or costs whatsoever.
We may interrupt or terminate a Service without notice:
You can terminate a Service at any time in the manner described above in “Term Commitments.” You are responsible for all charges billed or incurred prior to the end of the calendar month in which a valid Discontinuation Notice occurs. If a Service is terminated before the end of a calendar month, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Service.
We may change any terms, conditions, rates, fees, expenses, charges or method of calculating charges regarding a Service at any time. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates or administrative charges) either in your monthly bill or separately. If we increase the price of any of the Services to which you subscribe, beyond the limits set forth in your Agreement, we will disclose the change at least one billing cycle in advance (either through a notice with your bill, through an e-mail to the e-mail address that you have identified to us at the time of purchase, as amended by you from time to time, or otherwise).
We agree to provide you Services on the condition that you have and maintain satisfactory credit according to our standards and policies. You agree to provide information we may request or to complete any applications we may provide you to facilitate our review. We rely on the credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with us) to determine whether to provide or continue to provide you Services. The Services we offer you can vary based on your credit history. We may at any time, based on your credit history, withdraw or change Services, or place limits or conditions on the use of our Services. You agree to provide us updated credit information upon request. We may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse.
Your Device is designed exclusively for use on our network and in other coverage areas that we make available to you. Except for any legal right you may have to port/transfer your Number to another carrier, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your Device Number.
Subject to the exclusions contained below, TrackNerd GPS warrants its Devices and accessories
(“Products”) to be free from defects in materials and workmanship under normal consumer usage for
the term of coverage outlined below. This limited warranty is a consumer’s exclusive remedy, and
applies as follows only to new devices and/or new accessories purchased. You acknowledge and agree
that no warranty of any nature is provided with respect to the Services.
Term. Subject to the terms, conditions and limitations set forth herein and throughout this Agreement, the Products shall be covered under this warranty for a period of three hundred sixty-five (365) days from the date of your purchase regardless of when the products are actually received by you.
Exclusions. The following are excluded from coverage under this warranty:
TrackNerd GPS, at its option, will at no charge repair, replace or refund the purchase price of any Product that does not conform to this warranty. We may use functionally equivalent reconditioned/ refurbished/pre-owned or new products, accessories or parts. No data, software or applications added to the device or accessories, including but not limited to personal contacts, games and ringer tones, will be reinstalled. To avoid losing such data, software and applications please create a back- up prior to requesting service.
How to obtain warranty service. To obtain warranty service, please contact TrackNerd GPS at the address or customer service telephone number found on our website (www.tracknerd.io).
Limited Products Warranty. THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE PURCHASER AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED. IN NO EVENT SHALL TrackNerd GPS BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE RELEVANT PRODUCTS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER.
FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. Note: Some countries, states, and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply. This warranty gives you specific legal rights, and you may also have other rights that vary from one legal jurisdiction to another.
TrackNerd GPS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. TrackNerd GPS DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES ASSOCIATED WITH THE PRODUCTS. TrackNerd GPS DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED. PURCHASER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF TrackNerd GPS TO ANY END-USER OR OTHER THIRD PARTY. (SEE ALSO GENERAL LIMITATION OF LIABILITY BELOW)
TrackNerd GPS does not guarantee wireless network availability. Services may be subject to certain Device and compatibility limitations, including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.
Actual network speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints. In addition, Services that rely on location information, such as GPS and Cell ID, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within our control including weather, topographical changes, the presence of obstructions such as tall buildings, the functionality of various satellites, cell towers, clouds, and other factors. The Device performs inconsistently in dense urban areas such as New York City. In addition, some areas, such as schools, are equipped with cell phone inhibitors that interfere with all phone communications. The Device will not work, and Services will not work, under such circumstances.
GPS location readings are inherently subject to “bounce” which can affect accuracy in varying increments, on occasion in excess of 500 ft.
The Company might at its discretion utilize Cell ID in certain circumstances. You understand that Cell ID is subject to technical limitations and is generally not as accurate as GPS. Moreover, Cell ID depends on the availability of cell tower communications which might be weak or non-existent in certain areas.
You understand and agree to such technical limitations and expressly agree to indemnify and hold us harmless from any and all injuries that result from the Device or Services not working, malfunctioning, or failing except as specifically provided herein.
You are responsible for all charges associated with your account and the Services on your account, no matter who uses the Services or whether the Services were used. Charges include, but are not limited to, the monthly recurring charges, usage charges (including without limitation text and voice), taxes, surcharges and fees associated with your Services. These charges are described or referred to during the sales transaction, in our marketing materials, in the Service Contract and in confirmation materials we may send to you.
Upon your initiation of service, you will be billed for the first month, or portion of a month, of Service. Thereafter, you will be billed for complete months until the last day of the month in which your Agreement is terminated. With the exception of the month in which you initiate service, we WILL NOT PRORATE your Service for any future month.
Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing us as directed on your invoice or elsewhere. You accept all charges not properly disputed within the above time period – undisputed charges must still be paid as stated on your bill
Your Device might be capable of voice monitoring or one-way voice. Voice monitoring and one-way voice minutes are measured and billed in increments of one minute, and are rounded up to the next full minute. For example, six separate calls of ten seconds each are measured and billed as six minutes. If you have selected a service plan that provides voice monitoring or two-way voice and you go over your allotted minutes of voice services, or if you utilize voice monitoring and your plan does not provide voice services, you agree to pay an additional voice charge at the then applicable rates as established by us from time to time in our discretion. The current overage rates are set forth on Schedule A to this Agreement. Your allocation of voice minutes covers domestic voice services only, and does not include international voice services. International voice minutes are billed separately, and in addition to, domestic voice minutes. Be aware that the charges for international voice usage are different for the charges for domestic voice usage, and are likely to be substantially higher.
International Usage - Your Device is set to operate domestically and will not operate internationally.
Call us immediately on the help number if your Device is lost or stolen because you may be responsible for usage charges incurred before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.).
The Devices and Services are intended to be used in a lawful manner. You are responsible for using your Device and the Services in a manner that complies with applicable local, state, regional, or international laws. Certain jurisdictions have laws regarding the use of monitoring devices. TrackNerd GPS will not render advice on the legality of a particular use. If you are unsure of the legality of a particular use, please consult your legal counsel. You agree to indemnify and hold TrackNerd GPS harmless from your unlawful use of a Device or Service.
TrackNerd GPS may assign the rights to this contract to third parties at our sole discretion without input or consent from you.
The materials contained on our site are provided for general information purposes only and do not
claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from the use of this site.
We are regulated by the Registrar Of Company, Government of India and authorized and regulated by the Registrar Of Company, Government of India.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
We are the owner or the licensee of all intellectual property rights in our site, and in the
material published on it. Those works are protected by copyright laws and treaties around the world.
All such rights are reserved. You are permitted to use this material only as expressly authorized by
us or our licensors.
You may print off one copy and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose.
Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without limited 1 year guarantees, conditions or
warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us
hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
IN NO EVENT SHALL WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other
material which is malicious or technologically harmful. You must not attempt to gain unauthorized
access to our site, the server on which our site is stored or any server, computer or database
connected to our site. You must not attack our site via a denial-of-service attack or a distributed
You must not transmit or enable another person to transmit via the site any virus or other information or material or otherwise use the site in a way which:
You agree to defend, indemnify and hold harmless the Company, its officers directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. In case the product has to be returned (In case the product is damaged or to be returned for a genuine fault) then the customer will need to have a written confirmation in email by the TrackNerd returns department. On the approval of the returns department a pick-up will be organized and the product will be replaced. The customer can contact the returns department by sending a mail to email@example.com
For any orders placed, please note that you are responsible for any customs and import duties and clearance fees (where applicable) in your own country and to check the duties and clearance fees with your local authorities.
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED, AS IS, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER TRACKNERD GPS NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER TRACKNERD GPS NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TrackNerd GPS Private Limited, TrackNerd GPS is an Indian registered trademark of TrackNerd GPS Private Limited.
If you have any concerns about material which appears on our site, please email to firstname.lastname@example.org.
Thank you for visiting our site.