Terms of Service

Last Updated: January 16, 2023

Welcome to Tracker App ("Tracker") ! Evermighty Technology PTE.LTD. and its Affiliates ("we", "us", or "our") provide a mobile application and other products and services that, among other things, allow you to track orders and shipments ("Service"). The following terms of service ("Terms of Service" or "Terms") are a legally binding agreement between you as the user of Tracker (referred to as "you" or "your") and us, and it describes the terms and conditions applicable to your use of Tracker. By using Tracker, you agree to be bound by these Terms of Service, and any new features or tools that are added to the current Tracker offering will also be subject to these Terms of Service.

1. How it works

1.1 Order Tracking

Order tracking operates in different ways:

  1. A. If the email account you use to sign up for Tracker is the same email account you used to make a purchase from a 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 agree and if the online store and the building tools that make it run, and the e-commerce website cooperate with Tracker.
  2. B. 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;
  3. C. 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
  4. D. 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.

For 1.1 A-D above, you acknowledge and agree that Tracker will obtain relevant Shipping information (including tracking numbers) 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 looked at by humans if you specifically allow this type of access.

2. Our role

  1. 2.1 Tracker is a logistics information tracking platform rather than a merchant or logistics service provider. Disputes arising from goods include but are not limited to delivery, refund, fraud, advertising, etc. You should hold the merchant or the actual logistics service provider accountable.
  2. 2.2 We make no warranties and we are not responsible or liable for any inaccurate, incomplete or out-of-date information provided by merchants or logistics service providers through Tracker.
  3. 2.3 Occasionally there may be information available through Tracker that contains typographical errors, inaccuracies or omissions. We have no obligation to update, amend or clarify information in Tracker, 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.

3. Account

  1. 3.1 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.
  2. 3.2 If you want to delete your saved information or stop storing information using Tracker, Please let us know at the email address written in these Terms of Service and submit your email address to opt out. If you want to change any of your saved information, you can do so in the app.
  3. 3.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms of Service at any time without notice to you and accordingly we may terminate your access to Tracker or any part thereof.
  4. 3.4 We reserve the right to modify or terminate Tracker or any of the features or tools provided therein for any reason, without notice, and at any time.
  5. 3.5 We reserve the right to refuse service to anyone for any reason at any time.
  6. 3.6 If you or we terminate your access to Tracker, we will delete your saved information in accordance with our Privacy Policy.

4. Representations and warranties

By using Tracker you represent and warrant that (A) you are at least 18 years of age, (B) 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, (C) you will not use Tracker for any fraudulent, unlawful or abusive purpose, and (D) your use of Tracker is not in violation of any obligation imposed on you.

5. 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: (A) for any unlawful purpose; (B) to solicit others to perform or participate in any unlawful acts; (C) to violate any international, federal, or local laws, regulations, rules, or ordinances; (D) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (E) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (F) to submit false or misleading information; (G) to upload or transmit viruses or any other type of malicious or destructive code; (H) to collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider, crawl, scrape or other similar activities; (J) for any obscene or immoral purpose; (K) to interfere with or circumvent the security features of the service or any related website or application, other website or application, or the Internet; (L) 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; (M) to modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of Tracker or any aspect or portion thereof, or (N) 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.

6. Limitation of liability; Disclaimer of warranties

  1. 6.1 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.
  2. 6.2 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WE AND THE DISCLAIMING ENTITIES FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO A CLAIM (A) ALLEGING THAT YOUR USE OF TRACKER INFRINGES OR VIOLATES THE RIGHTS OF A THIRD PARTY (INCLUDING ANY MERCHANT) OR VIOLATES APPLICABLE LAW; OR (B) ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE.
  3. 6.3 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.
  4. 6.4 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. 6.5 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.

7. 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.

8. 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.

9. 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 that 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 3).

10. Severability

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.

11. 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.

12. Survival

Upon termination of your use of Tracker or termination of these Terms of Service for any reason, the following sections will survive termination: Preamble, Sections 1.6, 2, 3.6 and 4 through 12.

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