1. ACCEPTANCE OF TERMS
BY USING THE TRACKINGMORE SERVICE (THE "SERVICE"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. We reserve the right to update or alter these Terms of Service at any time with or without notice. We encourage you to review periodically the most current version of these Terms of Service. Choosing to continue to use the Service after the posting of changes to these Terms of Service (or the Privacy Policy) will mean that you accept those changes. You also acknowledge that when using the Service, you shall be subject to any posted guidelines or rules, including new guidelines or rules that may be posted periodically. You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility of any kind. All such guidelines or rules are hereby incorporated into these Terms of Service. If you do not agree to these Terms of Service, please do not use the Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2. PRIVACY POLICY
Our Privacy Policy (https://www.trackingmore.com/privacy.php) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.
3. ELECTRONIC COMMUNICATIONS
When you use any Service, or send e-mails, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. COPYRIGHT
All contents included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software are the property of Trackingmore; its affiliates or its content suppliers are protected by China and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of Trackingmore and protected by China and international copyright laws.
5. TRADEMARKS
Products, services and logos of Trackingmore are all protected by applicable laws, those trademarks, distinguished names, logos cannot be used on any other Third party's products, neither on similar products in a confusing way, nor in a malicious way.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you choose to register with us, you will choose a password and account ID. You and you alone are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your password and account. You further agree to notify us in the event your password or account has been used without the proper authorization or there are other breaches of security of which you become aware. You also agree to exit from your account at the end of each session with the Service. We may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion. We will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with this section.
7. USE OF SERVICE AND CODE OF CONDUCT
You agree NOT to use the Service (and it shall be a violation of these Terms of Service) to: (a) Upload or share any content in violation of any third party's rights to that content; (b) Upload any content that is harmful, hateful, harassing, threatening, or abusive; that would violate another's rights or constitute or encourage a criminal offense; or that would otherwise violate any local, state, national or international law; (c) Upload any content that exceeds the scope of your rights to use such content or which you do not have a right to upload from the content owner; (d) Post, upload or make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) Interfere with any other user's right to privacy; (g) Impersonate any person or entity; (h) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (i) Violate any applicable local, state, national, or international laws; (j) Harass or "stalk" another individual; or (k) Collect or store personal data about other users, (l) Authorize, aid, or encourage anyone to do anything in violation of this Terms of Service.
In using the Service, you may access content that is uploaded by other users, such as information in our directories, message boards, search results, and other parts of the Service. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable. Uploaded content is the sole responsibility of the person who uploaded it. We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such content and disclaims all liability for such content for any loss or damage incurred as a result of the use of such content. By using the Service, you agree to bear all risks associated with the use of any content on the Service and any reliance on the accuracy, completeness, or usefulness of such content.
You promise not to perform any malicious activities which have no connection with package-tracking API services to the computer of Trackingmore by opening API. You are responsible for compliance with the provisions of these Terms by Agents and End-Users and for any and all activities that occur under the Account, as well as for Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations.
We do not pre-screen, edit or review all content made publicly available to areas of the Service. We have the right (but not the obligation) in our sole discretion, to remove, move, change from public to private, or otherwise restrict any uploaded content at any time, with or without notice.
Trackingmore reserves the right, in Trackingmore’s discretion, to temporarily suspend your access to and use of the Service: (a) during planned downtime for upgrades and maintenance; (b) during any unavailability of the Service caused by Force Majeure events or circumstances; (c) during malicious software or virus attacks (d) or other time Trackingmore deems reasonable.
8. INVOICE AND PAYMENTS
Free account users who want to upgrade to the premium account users shall go to the recharge page under settings to recharge fees. After recharging, users can download the invoice from the page they recharged. Please note Trackingmore will no longer provide any other kind of invoices or customized invoices. Once you have recharged, your money shall not be withdrawn unless with prior notice. If your account has no money or tracking number left, the account you hold shall be downgraded to free account immediately and thus all the premium services shall be disabled. By recharging with a credit card, user agrees that Trackingmore will use a third-party intermediary to manage credit card processing.
9. TERMINATION
We may terminate your account in whole or part, or remove or discard any content you may have uploaded at any time, for any reason, with or without notice.
We reserve the right to terminate your access to the Service at any time or deactivate and/or delete your account and all information in your account at any time, with or without notice. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Service or any loss or deletion of your uploaded content.
10. WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF TRACKINGMORE, ITS SUBSIDIARIES OR AFFILIATES, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF TRACKINGMORE SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE. TO THE EXTENT ALLOWED BY APPLICABLE LAW, TRACKINGMORE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
11. LIMITATION OF LIABILITY
Trackingmore is a third-party package-tracking solution provider, users possess the ownership of logistics tracking information. When users ask Trackingmore to provide services, Trackingmore will be authorized to get the logistics information of tracking numbers that users possess. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRACKINGMORE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TRACKINGMORE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TRACKINGMORE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TRACKINGMORE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. INDEMNITY
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, representatives and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms Of Service, or your violation of any rights of another.
13. FORCE MAJEURE
Trackingmore shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) labor strikes; (d) error or disruption to major computer hardware or networks or software failures; or (e) other causes beyond the reasonable control of Trackingmore.
14. APPLICABLE LAW
This website is controlled and managed by Shenzhen East Boat Network Technology Limited and applicable for the laws and regulations of the People's Republic of China. Any disputes caused by the TOS or services provided by Trackingmore shall be appealed to the court where the company locates.
15. GENERAL
We may revise these Terms from time to time without prior notice. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Trackingmore’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Trackingmore which is owned by Shenzhen East Boat Network Technology Limited. If you have any questions about these Terms, please contact us at [email protected].
Effective: November 1st, 2016
