effective as of 13th of July 2021
Trackerly´s Terms and Conditions Agreement explains the terms and conditions under which you are able to use the Trackerly Platform and other services provided by Trackerly. Please read carefully this Terms and Conditions document, and keep a copy of it for your reference.
By using Trackerly platform you express your agreement to be legally bound by our terms and conditions stated in this document, so please read these terms carefully before using our platform as you are entering into a binding contract with Rocknet Limited, an irish limited company, registered with the irish trade and companies registry under company number no.669077, having its registered office at Regus House, Harcourt Centre, Harcourt Road, Dublin, D02 HW77, Ireland. If you do not agree with (or cannot comply with) the terms and conditions set forth below, do not use or access our services.
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Trackerly. Provisions of any individual Agreement between you and the Trackerly supersede provisions from these Terms.
“We/Us/Trackerly” refers to Rocknet Limited, the Platform, and their developers and affiliates.
“Site” refers to the website of Trackerly available at https://trackerly.net/, or any other url which may host Trackerly websites or Services.
“Services” refers to the provision of information on parcel location, the availability of the Content through the Site and other services provided by Trackerly.
“Platform” refers to the Site and Services collectively.
“User/You” refers to any person or legal entity registering for or using our Services.
“Party/Parties” refers to either User or Trackerly when used in singular form and to both User and Trackerly when used in plural form.
“Third-Party” refers to any application, website, natural or legal entity other than Trackerly, the Platform or their affiliates.
“Content” refers to all images, text, audio and video data or any other information located on the Platform or obtained through the Platform.
“Subscription Period” refers to the period of time for which your subscription with us is active.
“Subscription Fee” refers to the cost of the Subscription for the selected Subscription Period.
“Effective Date” refers to the date of processing the payment for the selected subscription.
“Confidential Information” refers to any and all information disclosed between the Parties in relation to the Services. Confidential Information does not cover information that was known either party prior to disclosure or information that was made available to the public.
2.1 By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you will not use Services contrary to these Terms or applicable laws. If you are accessing our Services on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept the terms of this Agreement, (ii) you have the appropriate authorization to bind such legal entity by accepting this Agreement, (iii) legal entity on behalf of whom you accept this Agreement has full power to enter into this agreement and to perform obligations as defined herein.
2.2 We may not control who uses the Platform, so it is upon you to assess whether using the Platform is in compliance with any local laws and regulations. Whenever you are using our Platform you will need to comply with the terms of this Agreement and any applicable laws, regulations and policies. If any part of the Platform is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region’.
2.3 Trackerly operates a Platform through which registered Users may request location information of a parcel by providing parcel number associated with that parcel. Location information is provided by the carriers, so we are only able to relay this information.
2.4 Trackerly cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Trackerly cannot and does not guarantee that its Services will be operational 100% of the time. Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for specific Users because of the account suspension or termination, (iv) internet problems outside of the Trackerly area of influence, (v) bugs in code, hardware or Services without a commercially known fix.
2.5 Trackerly is not responsible for accurateness, integrity, quality or appropriateness of any location information sent through the Services. Trackerly acts as a passive conduit for the transmission and distribution of the available information. Information location is dependent on many factors, first of all the acceptance of the device holder to share their location information. Depending on the available technology the location can be inaccurate to a larger degree. Trackerly is not responsible for any inaccuracies and any information provided through the Platform is solely for entertainment purposes and should be in no event relied upon.
2.6 When registering on our Platform or otherwise interacting with the Platform, Users are required to provide true, accurate, current and complete information about themselves as prompted by the forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.
2.7 You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.
2.8 Users are able to choose the duration of their Subscription Period from the option available on the Site. Subscription Period starts on the Effective Date, and ends on the same day in the month in which the selected duration of Subscription Period expires. In case the month in which the Subscription Period expires does not have the date which matches Effective Date, Subscription Period will end on the last day in that month. If the Subscription Period is calculated in hours, Subscription Period expires after all the hours in selected Subscription Period expire.
2.9 Subscription Period will automatically renew at the end of the current Subscription Period. Renewed Subscription Period will be by default for the same duration as the current Subscription Period except for special promotional Subscription Period. After expiry of the promotional Subscription Period your subscription will automatically switch to regular subscription with the shortest available regular Subscription Period. Subscription Fee for the Renewed Subscription Period will be calculated in accordance the prices that were in effect ten (10) days prior to the expiry of the current Subscription Period. If you wish to stop using our Services, you may cancel your account or discontinue automatic renewal option in your User account before the expiry of the current Subscription Period.
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Site;
(ii) collect Site users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or is otherwise objectionable to third parties;
(v) take any action creating a disproportionately large usage load on our Site unless expressly permitted by us;
(vi) create more than one account or share your account with anyone;
(vii) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
(viii) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the website
2.11 If you provide us with your e-mail address, we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. You may opt-in to receive e-mails about news, promotions, special offers and or other topics of interest related to the Trackerly and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in Promotional e-mails.
2.12 If you have any question or suggestion you can contact us at [email protected].
3.1 All intellectual property rights connected to the Site, Services, and Content are the sole property of Trackerly, or are used under appropriate licenses or permissions. Nothing in this Agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.
3.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform provided by Trackerly, within the scope of your subscription package. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Services; distribute, transfer, sublicense, lease, lend or rent the Services to any third party; reverse engineer, decompile or disassemble the Services; or make the functionality of the Services available to multiple users through any means.
3.3 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to Trackerly and Trackerly may disclose certain Confidential Information to the users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
3.4 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
3.5 Our copyright agent can be reached as follows:
Email: [email protected]
4.1 All prices for listed Services are available on the Site and are calculated when you choose to subscribe on the Site. All prices are shown inclusive of VAT and other applicable taxes. If the Service is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any order placed for Services listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation.
4.2 When subscribing on the Site, you can choose the method of payment. If you are paying by credit card, you must provide valid and current information necessary to process the payment. You agree and authorize us to charge your credit card for all fees payable during your Subscription Period.
4.3 Subscription Fee is calculated in the moment of submitting the registration on the Site. Subscription Fee for the current Subscription Period will not be affected by the Service price changes as described in article 4.5 of this Agreement.
4.4 If for any reason we are unable to process the payment your subscription will terminate immediately.
4.5 We reserve the right to change prices at any time and with notification to current active Users. Such changes will not affect user’s current Subscription Period. Prices that were effective ten (10) days prior to the Subscription renewal will be applied for the payment of the renewed Subscription Period.
5.1 The Services may be made available or accessed in connection with third party services and content (including advertising) that Trackerly does not control. You acknowledge that different Terms of Service and privacy policies may apply to your use of such Third - Party services and content. Trackerly does not endorse such Third - Party services and content and in no event shall Trackerly be responsible or liable for any products or services of such Third - Party providers.
5.2 Use of Services may entail additional costs that are not charged by us. These costs may include your carrier’s charges for sending or receiving SMS. We are not responsible for such costs and you understand and agree to bear such costs.
6.1 You may cancel your subscription at any time, without notice and without penalty, simply by deactivating your account in your account settings. Upon deactivation, your subscription will terminate immediately. When you choose to cancel your subscription, we will stop billing you for future monthly fees until you subscribe for the Services again. You will be informed through email upon successful cancellation of your subscription.
6.2 You understand and agree that the fee for Subscription Period is due and payable at the start of each individual Subscription Period and that no refund or credit will be provided for the unused portion of the Subscription Period.
6.3 If you require any assistance with subscription cancellation please feel free to contact our support team at [email protected].
7.1 If you are not satisfied with the Services please contact us at [email protected]. You may be eligible for refund if you cancel your subscription within fourteen (14) days after your first registration for the monthly subscription plan.
7.2 No refund will be provided for the Subscription Period calculated in hours. If your first subscription was calculated in hours and you switched to monthly subscription, 14 days period is calculated from the moment of switching to monthly subscription.
7.3 Refund may only cover your last payment made to us. Refunds beyond the 14-day purchase window will be considered, in our sole discretion, only if User can demonstrate that the Service was not available or usable during the Subscription Period and that reasonable attempts were made to contact us to resolve the issue. In this case, Trackerly may provide the User with a pro-rata refund of Service fees paid during the period the Service was not available or usable.
8.1 You will indemnify and hold harmless Trackerly, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.
9.1 you agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Trackerly service is to stop using the Trackerly services.
9.2 to the maximum extent permitted by applicable law Trackerly, its employees, officers, shareholders, directors, agents, subsidiaries, affiliates, successors, suppliers, assigns or licensors shall not be liable for any indirect, special, incidental, punitive, exemplary or consequential 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, arising out of your access or use or inability to access or use the Trackerly services, third party applications or third party application content, regardless of legal theory, even if Trackerly has been advised of the possibility of those damages and even if a remedy fails of its essential purpose. In no event shall Trackerly’s aggregtated liabilty exceed the amount you paid Trackerly, if any, the past one month for the services giving rise to the claim, to the extent permitted by applicable law.
9.3 Trackerly, its employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Services, or any errors, in or omissions from such information. Trackerly is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Services, nor caused by the delay, malfunction of the operation or the availability of the Services. Although we strive for accuracy in the Content we provide through the Platform, we do not make any guarantee or representation as to the exactness and the accuracy of such Content.
10.1 Trackerly may make changes or replace our terms and conditions agreement at any time. We will post such changes, replacements and updates on the site and inform you via email where possibble, and such change, replacement and update to our terms and conditions agreement will take effect immediately upon posting. Changes to the terms of service will not affect already paid subscription periods. You are consenting to keep yourself up to date with the latest posted terms and conditions agreement and you accept and are bound by such change, replacement and update if you access or use our service after we have posted it in our site. The terms and conditions agreement applies regardless from which device or operating system you access our services.
11.1 This Agreement shall be governed by and construed under the laws of Ireland, without regard to its conflict of law provisions, and excluding the UN Convention on Contracts for the International Sale of Goods. You agree that if you have any dispute with Trackerly you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the non-exclusive jurisdiction of the courts in the city of Dublin, Ireland.
12.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
12.2 The section titles in the Terms are for convenience only and have no legal or contractual effect.
12.3 Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
12.4 Neither Party may assign or transfer any right or obligation under this Agreement to a third-party without obtaining prior written consent, except to the successors in the event of merger, sale, or liquidation of the Party.
13.1 As part of our legal duty to inform, we point out that the European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
13.2 This Platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
13.3 Our e-mail address is [email protected].