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Terms And Conditions

Acceptance of Services of iWayTrack.com

The use of iWayTrack website and access to its services is subject to the following terms and condition. This applies to all the users including but not limited to the partner companies, associated companies, affiliates and third party individuals / entities, associates and companies. All rights are reserved by iWayTrack. You are allowed to use website or any other entities of iWayTrack for the purposes it is meant for and subject to the Terms and Conditions defined here. Unauthorised use of the website or any other entities is unlawful and prohibited. When you are using iWayTrack website, you are agreeing to the terms and conditions decided by the company.

Changes in the Terms and Conditions

iWayTrack has explicit rights to change any terms and conditions :

    1. iWayTrack reserves complete right to change or remove Website or Any other web pages prior to notice. The company is not liable to any third party for any communication about such changes or removal in website.
      1. iWayTrack reserves complete right to change Terms and Conditions defined by the company itself. Upon the change in terms, your access to the website will be considered as your agreement with the changed terms and conditions.

Use of location and opted services

iWayTrack Application allows you, your employer or the entity that has requested iWayTrack to provide you access to iWayTrack Application to obtain location data via GPS based Location Service and provide information or data for other opted services through user’s mobile phone. This is Subject to your compliance with the Terms and conditions stated herein. You will be allowed to access and use the iWayTrack Application along with any upgrades, modifications, or additions thereto. By agreeing to the Terms, you have expressly given consent to users’ location being tracked through the iWayTrack Application after notifying respective users about usage of application for requested services.

You remain solely responsible to obtain any hardware, firmware, third-party software and any broadband, telephone, wireless, or internet services required to access the iWayTrack Application.

iWayTrack Application utilizes and makes available to you, data licensed from a number of third-party content providers (collectively the “Content”). This Agreement may include end-user terms required by these companies (set forth at the end of this Agreement, if any), and thus your use of the iWayTrack Application is limited by and subject to such terms.

Moreover, iWayTrack reserves right to make any changes to the iWayTrack Application including without limitation by adding or removing any features. iWayTrack may modify this Agreement at any time by posting an updated version to the above web page. We insist you must visit this page from time to time to review the latest updated terms for iWayTrack Application as they are binding on you.

Software Licence

Subject to your compliance with the terms and conditions present in this Agreement, iWayTrack hereby grants to you a limited, non-exclusive, non-transferable and non-sub licensable licence to access to iWayTrack Application as expressly allowed under this Agreement.

  • iWayTrack Application and Contents are not sold but licensed to you under the terms and conditions hereunder. Except for the limited licence expressly granted herein, you acknowledge and agree that iWayTrack owns all rights, title and Contents, including without limitation of all intellectual property rights therein.
  • iWayTrack Application and Contents are for your personal use and / or internal business operations after notifying respective users about the usage of application. You agree that you will never take or involve in any actions relating to resale or otherwise transfer or disposition of the application to any other person or entity.
  • You agree that you will never involve and take part in any activities directly or indirectly listed as reverse engineering, decompile, disassemble, translate, modify, alter or otherwise change iWayTrack Application or Contents or any part thereof.
  • You agree that you will never attempt to derive the source code, design or structure of the iWayTrack application directly or indirectly.
  • Govern by Terms specified here, you cannot sell, rent, lease, distribute, assign, sublicense, convey, transfer, pledge as security or otherwise encumber or transfer (including by loan or gift) the rights and licences granted hereunder;
  • You agree that directly or indirectly you will never attempt to remove or alter any of iWayTrack’s or its licensors’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings used on or in relation to the iWayTrack. You also agree that doing that will be considered illegal and enforceable under laws.
  • You agree not to copy or reproduce any part of the iWayTrack Application and/or Content other than as allowed under this Agreement.
  • You agree not to use iWayTrack application in any manner that violates any statute, law, rule, regulation, directive, guideline, bylaws whether presently in force or may be implemented by federal, state or local authorities.

Third Party References and Links

On professional terms, iWayTrack may include or mention third party links and references. Those mentions are no way endorsement from the company’s end and we are not responsible for the contents and authenticity of such websites and other references.

Copyrights and Trademarks

  1. Images, Content, Web Pages, Graphics, Text, Videos, Software, Source Code; anything and everything associated with the website is owned or licensed to iWayTrack.com. Using the copyright and trademark protected things of iWayTrack requires prior permission from the authority of iWayTrack. Any access to the intellectual property of iWayTrack will be considered unlawful followed by legal actions.
  2. iWayTrack owns complete rights of all entities present on the website. While accessing content solely for personal and no-commercial use, you are agreeing that none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written permission of the copyright holder (iWayTrack.com).

Disclaimers Policy

The Products, Content and Services included here on iWayTrack website may include accuracies and errors. We may change and correct things on the website from time to time. However we do not claim that the information provided by iWayTrack.com is 100% accurate always.

iWayTrack and its sister and parent company owns complete right to change and/or update Website or Part of the Website anytime for the improvement purposes. Advice Received via iWayTrack web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional experts for specific advice tailored to your circumstances.

iWayTrack makes no commitment for the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics present on iWayTrack Website. iWayTrack does not take any responsibility or guarantee of any damage or losses made by using iWayTrack entities. While accessing the website in any manner, you are agreeing to use it at your own risk and responsibility while being faithful to all terms and conditions defined hereby.

Confidentiality

You will maintain the confidentiality of and not disclose to any third party (a) all non-public information disclosed or made available by iWayTrack to you in connection with iWayTrack Application and (b) all performance data and other information that you obtain through use of iWayTrack.

Indemnity Clause

Hereby you are agreeing to indemnify and hold www.iwayTrack.com and its team and executives harmless from and against all legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against www.iWayTrack.com. Violating these terms in any case will disallow you to use the website : www.iwayTrack.com for any purposes. You are bound to follow all terms and conditions decided and shared herein.

Severance

In any case if any of the above decided Terms and Conditions determined to be invalid, illegal or unenforceable, by any domestic court or competent jurisdiction, then those Terms and conditions may survive by the team of iWayTrack after adherence to the required procedures. In such case, all the remaining terms and conditions will continue in full force & effect and binding & enforceable in all respects. No Terms and Conditions can be changed, edited or deleted without written prior notification by iWayTrack Management team.

Payment & Fees

We offer and accept all valid Payment Tools and Process in India. All payments must be made with authentic identity proof with all required details attached. We accept Payment through Cheque, Draft and NEFT. We follow 30 day full payment completion policy. All goods and services remain the property of the company until paid for in full.

The fees for your Account for iWayTrack will be billed from the date your Account is activated followed by yearly renewal thereafter unless and until you stop using your account. If you have opted for Auto-Renewal, iWayTrack will automatically bill your credit card each year on the calendar day corresponding to the commencement of your Account. In the event your Account began on a day not contained in a given year, iWayTrack will bill your credit card on the last day of completing year. For example, if your Premium Account began on January 31st, January 30th in the next year is the time your credit card would be billed. You acknowledge that the amount billed each year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or taxes as required by particular jurisdictions, and you authorize us to charge your credit card for such varying amounts. All fees and charges are non refundable and there are no refunds or credits for partially used periods.

Should you elect to change your Account, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on a pro-rata basis. For example, if you begin your monthly Basic Account on February 15th, your next payment would be due on March 15th. On March 22, you upgrade to a Professional Account with more monthly service locates, and pay the new amount associated with the upgraded Account you have selected, less the amount equal to 7 days at your previous Account rate. Your next payment would then be due on April 22.

iWayTrack may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your “Account” page. If your credit card reaches its expiration date, your continued use of the iWayTrack constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.

You (or your employer/account owner) are responsible for paying any fees charged by your phone data service carrier company or other service providers for allowing you to access iWayTrack Application, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges.

Shipping and Delivery

Offering Digital Product in the Market, We are committed to deliver you product as soon as we received the required payment after the purchase of the iWayTrack plan. It may take minimum 3 working days to provide you service demo of the usage and application access. It may also vary on the number of users to use iWayTrack on their smart phones.

For now, we are only offering iWayTrack shipping in India only. Upon any further change to this, we will notify our existing customers, clients, agents, associates, affiliates and executives and staff.

Due to market changes or circumstances beyond our control, all prices are subject to change without notice. We are not responsible for any typographical errors or omissions.

Termination of Agreement of Terms and Conditions

At any time with a Valid reason, both the customer and company have right to terminate service agreement, including ending of services which are already running, giving or taking. No refunds shall be offered, where a Service is deemed to have begun and is underway. Any money that has been paid to us which constitutes payment in respect of the provision of unused services shall be refunded.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Termination of iWayTrack Account/License

iWayTrack Accounts are prepaid and are non-refundable. iWayTrack DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS.

The iWayTrack license granted hereunder shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to iWayTrack. All provisions relating to proprietary rights, warranty disclaimer, limitation of liability, indemnity, and confidentiality shall survive the termination of this Agreement.

Limitation of Liability

The Website is provided on an “AS IS and AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, iWayTrack and its owner company iWayWorld Infocom (P) Ltd. will not be liable for any indirect or consequential loss or damage whatever (including without limiting loss of business, opportunity, data, profits) arising out of or in connection with use of the Website and / or Application.

iWayTrack and its company iWayWorld makes no warranty that iWayTrack website is 100% bug free, and the functionality of the website and application will be uninterrupted or error free. We are also not liable for the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of iWayTrack and its company iWayWorld for death or personal injury as a result of the negligence of iWayTrack or that of its employees , agents, associates and afffiliates.

iWayTrack is distributed and licensed on an “as is” basis. We do not offer any kind of warranties or guarantees for the performance, reliability or suitability to any given task. In no event shall iWayTrack be liable for any loss of data or any damages of any kind whether financial, physical, emotional, social or any other, which might arise from its use.

Export Policy

You agree not to export from anywhere any part of the iWayTrack device and/or application provided to you or any direct product thereof except in compliance with all licenses and approvals required under applicable export laws, rules and regulations and with the explicit approval from iWayTrack.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Gujarat, India. You agree that any dispute arising out of or concerning the Terms and Conditions shall be subject to the exclusive jurisdiction of the city – Ahmedabad, Gujarat, India only.

By this, you agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach thereof shall be settled by independent arbitration involving a neutral arbitrator and administered as per the laws of State of Gujarat, India. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Gujarat, India.

Miscellaneous

This Agreement constitutes the entire understanding and agreement of the parties (except for any separate end-user license agreements required by iWayTrack’s third-party data providers, which shall be read in conjunction with this Agreement), and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to its subject matter. iWayTrack’s failure to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to iWayTrack notwithstanding the foregoing, iWayTarck may assign this Agreement at any time without notice. By using iWayTrack, you consent to receive from all communications, including notices, agreements, legally required disclosures or other information in connection with iWayTrack Application electronically. iWayTrack may provide such Notices by posting them on iWayTrack’s website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the iWayTrack Application.

For any further information please email to : sales@iWayTrack.com