End User License Agreement
- INTENDED PURPOSE OF PRODUCT
The Product is intended for the use and purpose of parents and/or guardians of a minor child (below the age of 16 years) to help to keep track of their children (hereinafter referred to as the “Intended Purpose”). The Product may also be used to track your personal property or the location of pets owned by you or where the owner has given their prior consent. The Product should not be used for any other purpose including the tracking of any other person unless their prior written consent has first been obtained.
- UPDATES TO THE PRODUCT
You understand that the Product is an evolving one. TrackieX may require that you accept updates to the Product, and may automatically update the Product at any time with or without notifying you. By using the Product, you consent to these automatic updates. You may need to update third party software from time to time in order to receive the Product and use TrackieX’s software and hardware.
You agree to indemnify and hold TrackieX, its contractors, employees, agents and its third-party suppliers, and licensors harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Product, any violation by you of this EULA, or any breach of the representations, warranties, and covenants made by you herein. You agree that the provisions in this paragraph will survive any termination of your use of the Product.
9.1. We warrant that on delivery and for a period of Twelve (12) months from the date of delivery (warranty period), the TrackieX GPS shall conform in all material respects with its description and any applicable specification and be free from material defects in design, material and workmanship and be of satisfactory quality (within the meaning of the Sale of Goods Ordinance No.11 of 1896) and be fit for the required purpose.
9.2. If the TrackieX GPS does not comply with the warranty in 5.1. above, within the said warranty period, you must give written notice in accordance with the steps set out in https://trackiex.com/trackiex-warranty/
9.3. While we may, at our option, repair or replace a defective tracker or refund the price of the defective tracker, we can in our sole discretion reject warranty claims in any of the following situations:
- you use the tracker after giving notice in accordance with 5.2 above;
- the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the tracker;
- you alter or repair the tracker without our written consent;
- where the SIM provided with the Product is removed, replaced or used with any other device whatsoever;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal use.
- DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- Except to the extent specifically provided in this EULA or in the Product’s Warranty, use of the Product is at your sole risk and is provided on an “as is” basis (except only to the extent prohibited under applicable law with any legally required warranty period);
- You use the Products at your own risk, and TrackieX is not responsible for any damage to your TrackieX GPS tracker or any data lost as a result; and
- No advice or information obtained from TrackieX other than the documentation provided with the Products shall create any warranty not stated in this EULA.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE PRODUCT, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT TRACKIEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT.
- UPDATES TO THE EULA
TrackieX reserves the right, at its discretion, to change, modify, add or remove portions of this EULA at any time by posting the amended EULA on the TrackieX website (www.trackiex.com). It is your responsibility to periodically check the EULA for updates or changes. Unless otherwise stated, all amended terms shall be effective immediately after they are initially posted. You will be deemed to have accepted any changes to the EULA by continuing to use the Product.
- APPLICABLE LAW
This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka without any reference to conflict of laws principles. The courts of the Democratic Socialist Republic of Sri Lanka will have exclusive jurisdiction over any claim arising from, or related to this EULA although we retain the right to bring proceedings against you for a breach of these conditions in your country of residence or any other relevant country.
Questions, comments and requests regarding this EULA should be sent by e-mail to firstname.lastname@example.org or by mail using the details provided below:
TrackieX (Pvt) Ltd,
42, 3/4, Rudra Mawatha,
Know Your Children are Safe
Wherever They Go