Tracker App
Terms of Service

1. DESCRIPTION OF THE SERVICES

1.1 Order Tracking

1.1.1 Order tracking operates in different ways

(i) If the email account you use to sign up for Tracker is the same email account you used to make a purchase from an online store or e-commerce website, we will automatically populate that order information in Tracker. Please note that Tracker will only obtain your order information with you expressly consent and if the online store and the building tools that make it run, and the e-commerce website cooperate with Tracker.

(ii) If you have a supported email account (for example, Gmail), we will populate that order information in Tracker via tokenized read access to your supported email account;

(iii) Other accounts may also be voluntarily connected, where with your permission, we may access the applicable Order Information to provide you with tracking notifications; or

(iv) If you do not have a supported email account, or if you do not wish to grant Tracker tokenized read access to your email or other accounts, you can manually input tracking information or forward relevant order tracking emails to a Tracker-provided endpoint.

1.1.2 For 1.1.1 (i)-(iv)

above, you acknowledge and agree that Tracker will obtain relevant Third-Party information, including shipping information (tracking numbers etc.) and order information on your behalf and import this information into Tracker for you to track and manage your purchase. Tracker may also obtain a reference to the email that contains this information. In accordance with the Tracker Privacy Policy, we do not permanently store any email content. Emails filtered by Tracker will only be scrutinized manually if you specifically allow this type of access.

1.2 Our Role

1.2.1 Tracker is a logistics information tracking platform rather than a merchant or logistics service provider. Although we will make reasonable commercial efforts to assist you to track your order, we do not represent or warrant, either explicitly or implicitly, that your order’s track will always be accurate, complete and up-to-date. We are not responsible for disputes or any other risks associated with your order arising from your purchase, including but not limited to delivery, refund, fraud, advertising, etc. You are solely responsible for observing and holding the merchant or the actual logistics service provider accountable and we make no such warranties or representations, either express or implied, with regard to the information provided by merchants or logistics service providers through Tracker.

1.2.2 Occasionally there may be information available through Tracker that contains typographical errors, inaccuracies or omissions. Although we may make reasonable commercial efforts in maintaining the accuracy of the information available on Tracker, We have no such obligation in law, except as required by law or the information provider. No specified update or refresh date should be taken to indicate that all information in Tracker has been modified or updated.

1.3 Third-Party Links and Integration

1.3.1 You understand and consent that, while providing services for you, Tracker may from time to time direct you to third-party links (Collectively “Third-Party Links” ) or enable you to access materials that belonging to or originating from third parties; plus, if you are a merchant user (instead of End-user) of Tracker, you may from time to time elects to integrate your Tracker with other third parties’ open source software (Collectively “Third-Party Platforms”). These links or materials may occasionally lead you to websites outside of Tracker. Since we do not own or affiliate with these Third-Party Links or Third-Party Platforms, we do not represent or warrant, either explicitly or implicitly, the safety, accuracy, effectiveness, or any other risks associated with the services or materials provided through these links.

1.3.2 In particular, certain types of Third-Party Links or Platforms may direct you to buyer’s insurance or equivalent services (i.e. “Worry-Free Purchase” , “Buyer Protection Product” and so on, and Collectively as “Insurance Services”) if you elect to purchase such Insurance Services for your packages and(or) deliveries. You may at your own discretion add such information related to your Insurance Services, along with your order tracking information to Tracker. Such election of adding Insurance Services information is entirely optional and Tracker may under your instruction and consent obtain information such as insurance policy number. Since we do not own or operate any of these insurance services, you agree to be bound by the additional service-specific terms applicable to such Insurance Services. Any use by you of Third-Party Services & Platforms, Including the Insurance Services mentioned above, external-linked or traced through Tracker is entirely at your own risk and discretion, and it is your responsibility to carefully review the terms and conditions and privacy policies of any Third-Party Services& Platforms.

1.3.3 WE DO NOT PROVIDE ANY WARRANTIES OR MAKE ANY REPRESENTATIONS, EITHER EXPLICITLY OR IMPLICITLY, WITH RESPECT TO (I) THE SAFETY, ACCURACY, EFFECTIVENESS, OR ANY OTHER RISKS ASSOCIATED WITH THE SERVICES OR MATERIALS PROVIDED THROUGH THESE LINKS, AND (II) ANY RISKS, LOSSES, LIABILITIES WITH RESPECT TO THE ANY CLAIMS, BREACHES OF CONTRACTS RELATED TO OR ARISING OUT OF THE INSURANCE REIMBURSEMENT, CLAIMS PROCESSING, AND DISPUTE RESOLUTION OF ANY OF THE INSURANCE SERVICES MENTIONED ABOVE.

1.3.4 WE ARE NOT RESPONSIBLE FOR ANY COSTS, DAMAGES, LIABILITIES, HARMS, RISKS OF INJURIES THAT CAUSED, OR ARISE OUT OF YOUR CONDUCT AND ACTIVITIES WHEN YOU ACCESS THESE LINKS OR MATERIALS OR PLATFORMS, INCLUDING ANY OF THESE INSURANCE SERVICES.

2. TERMS AND TERMINATION

2.1 Termination by Tracker

We will unilaterally terminate this Agreement and you will not be able to continue using the Tracker Services if:

1. you use the Services in violation of any applicable law or regulation or this term;
2. you use the Services in an unauthorized, improper or fraudulent manner;
3. your use of the Services adversely affects Tracker 's provision of the Services to others;
4. an order by a competent court or other governmental agency prohibits Tracker from providing the Services;
5. there is a denial-of-service attack or any other event that, in Tracker 's sole discretion, may pose a risk to the Services or any other You if the Services are not suspended;
6. Tracker does not receive any payment under this Term before the expiration of the Services;
7. other circumstances that, in Tracker 's sole discretion, require termination of this Term. Tracker shall not be liable for any damages, liabilities, or losses resulting from the suspension, limitation, or termination of your right to use the Services under this section.
8. Notwithstanding the foregoing,and without prejudice to any of its rights and remedies Tracker may have herein,Tracker may suspend or terminate your Tracker account if we suspect that you have engaged in fraudulent or improper activities.

2.2 Termination by You

You may terminate your Tracker Account at any time by sending a cancellation request to tracker.user.service@gmail.com, Termination shall be without prejudice to any rights or obligations, which arose prior to the date of termination.

2.3 Effect of Termination

Upon termination of the Services by either party:

1. We will cease providing the Services to you and you will no longer be able to access or use the Tracker Services;
2. You will not be entitled to any refund of any fees, prorated or otherwise; and any outstanding balance owed to us for your use of the Services before the effective date of termination will become immediately due and payable in full.
3. These Terms of Service are effective unless and until they are terminated by either you or us. You may terminate these Terms of Service at any time by opting out of Tracker.

3. REPRESENTATIONS AND WARRANTIES

By using Tracker you represent and warrant that (1) you are at least 18 years of age, (2) the information you provide in using Tracker is true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties,(3) you will not use Tracker for any fraudulent, unlawful or abusive purpose, and (4) your use of Tracker is not in violation of any obligation imposed on you.

4. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using Tracker, its content, or any of the services available through the Tracker: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, or local laws, regulations, rules, or ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious or destructive code; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, scrape or other similar activities; (10) for any obscene or immoral purpose; (11) to interfere with or circumvent the security features of the service or any related website or application, other website or application, or the Internet; (12) use Tracker in such a way that could overburden, attack, damage, or otherwise negatively impact the performance of Tracker, or any other user's use of Tracker; (13) to modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of Tracker or any aspect or portion thereof, or (14) use any robot, spider, automatic device or process, or other automated or manual means to access Tracker for any purpose. We reserve the right to terminate your use of Tracker or any related website or application for violating any prohibited uses.

5. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION

• 5.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
• 5.2 YOUR USE OF TRACKER IS AT YOUR SOLE RISK. THE TRACKER SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
• 5.3 TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND THE DISCLAIMING ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR TRACKER, THE CONTENT, MATERIALS, INFORMATION AND/OR FUNCTIONS AVAILABLE THROUGH TRACKER, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION (INCLUDING SENSITIVE INFORMATION) THROUGH TRACKER.
• 5.4 ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH TRACKER IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE TRACKERSERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULT OBTAINED FROM THE USE OF THE TRACKER SERVICE WILL BE ACCURATE OR RELIABLE.
• 5.5 YOU HEREBY AGREE TO INDEMNIFY AND HOLD US AND ANY MEMBER OF OUR GROUP, AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND SUBCONTRACTORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE AGREEMENTS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR ANY RIGHTS OF A THIRD PARTY.

YOU FURTHER WARRANT AND REPRESENT THAT YOU WILL NOT HOLD US (AND ANY MEMBER OF OUR GROUP, AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND SUBCONTRACTORS) RESPONSIBLE FOR OTHER LOSSES, INJURY, CLAIM, LIABILITY, OR DAMAGE (THE "LOSS") RELATED TO YOUR USE OF ANY LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, IF THIS LOSS RELATED TO USERS' CONTENT, ACTIONS OR IN-ACTIONS OR THEIR STATEMENTS AND REPRESENTATIONS MADE THROUGH TRACKER'S INSTANT MESSAGING SERVICE OR POSTED ON TRACKER.

• THIS SECTION HEADED “DISCLAIMER, LMITATION OF LABILITY AND INDEMNIFICATION”SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT.

6. GOVERNING LAW

These Terms of Service will be governed by and interpreted in accordance with the laws of the Singapore, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the provincial and courts of Singapore with respect to any dispute or claim arising out of or in connection with these Terms of Service or your use of Tracker.

7. ASSIGNMENT

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment will be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

8. MODIFICATIONS

We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service, solely on condition that the changes may materially adversely affect your use of the Tracker services or your rights under the Terms of Service by sending an email, providing notice through Tracker, or by similar means. Notwithstanding the foregoing, we may make changes to the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of Tracker after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. In the event you do not agree with any such updates, your sole and exclusive remedy is to terminate your use of Tracker (refer to section 2).

9. SEVERABILIGY

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion will be deemed to be severed from these Terms of Service, and such determination will not affect the validity and enforceability of any other remaining provisions.

10. WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. These Terms of Service, the Privacy Policy, and any other policies or operating rules incorporated into these Terms of Service or posted by us in respect to Tracker constitutes the entire agreement and understanding between you and us, and govern your use of Tracker, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). These Terms of Service are not intended and will not be construed to create any rights or remedies in any parties other than you and us, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service.

11. RELATION BETWEEN THE PARTIES

Nothing in this Agreement shall be construed as creating a joint venture or partnership between the parties or as conferring upon either party the power to enter into any agreement as agent for or on behalf of the other party. Our performance of this Agreement is governed by existing laws and legal procedures. Nothing in this Agreement shall affect or prohibit our compliance with or response to requests from governmental, court, and law enforcement authorities.

12. NOTICE AND CONTACT INFORMATION

Tracker shall send notifications and maintain contact with you via the email address or phone number provided by you, or by any other means by which you can be contacted. You are obligated to provide us with true and valid contact information (including but not limited to a contact phone number, contact address, and email address), and Tracker has the right to send notices to you by any one or more of the foregoing contact methods. After Tracker sends you information by email or system message, it shall be deemed to have been successfully delivered upon successful delivery. Notices sent in paper form shall be deemed successfully delivered on the fifth (5th) day after Tracker mails them to the address provided by you.

If you have any questions about Tracker or these Terms of Service, please contact us at tracker.user.service@gmail.com