Terms & Conditions
TrackETA is a technology platform that brings together school bus operators with mobile customers provided by Tranxit Mobility Logistics Private Limited, registered at D113 East of Kailash, New Delhi 110 065, email info@tracketa.in.
For information on how we will use your personal data, please see our privacy policy.
Your use of TrackETA
You can only use TrackETA where you have registered to do so.
You agree:
and promise that all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the TrackETA app;
your use of TrackETA grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to TrackETA software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the TrackETA services in accordance with these Terms;
that you will not use TrackETA: for any unlawful purpose; in any way that interrupts, damages, impairs or renders TrackETA less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services;
to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
and acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of TrackETA from the designated school bus operations staff administered and controlled by the School. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the app or website;
that you will comply with all relevant applicable laws;
to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
Please note that we are not responsible for the behaviour, actions or inactions of drivers & attendants of school buses which you may use in conjunction with TrackETA or otherwise. Any contract for the provision of bus services is between you and the school and not Tranxit
Mobility Logistics Pvt Ltd. and we simply provide a platform to track and monitor school buses in operation.
Charges and Payment
It is free to use the TrackETA app within the trial period. After the expiry of the trial period, you shall be required to confirm and accept using the services. This will enable us to invoice you for the upcoming Quarter in advance and a onetime application download fees.
Onetime application download fees enables you to use TrackETA services forever on any Android or IOS device using the username and password provided to you.
Thereafter you shall be asked to confirm your intent to use the app for each upcoming quarter in advance, 10 days before the end of the quarter. Once you confirm you shall be allowed to use the app till the end of the quarter and be given the grace period of 10 extra days of the next quarter till you have made the payment for the next quarter in advance. If you do not confirm, you would be not be able to use the services beyond the current quarter.
If you are returning to use the services after a gap, you will be asked to confirm using the services again. Once you confirm, you shall be allowed to use the services only once the balance is cleared.
Payments can be made to us through the school or the designated payment gateway , which may vary from case to case.
Termination We may terminate these Terms and close any account you have with us by giving you 7 days' notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.
We reserve the right to suspend, restrict or terminate your access to TrackETA at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
You are under no obligation to use the service and may simply choose to stop using it at any time.
If the account is terminated, a refund may be requested and shall be paid for only 1 month, if the number of days left to the end of the quarter is more than 30 days and less than 60 days and 2 months if the number of days left to the end of the quarter is more than 60 days.
Our Legal Obligations and Limits on our Liability
We stand liability for fraudulent misrepresentation by us or our employees or agents.
We will provide TrackETA services to a reasonable standard and within a reasonable accuracy.
We are not responsible for: (i) losses not caused by our breach; (ii) the actions or inactions of any drivers; (iii) the actions or inactions of other TrackETA users; (iv) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and us could not have reasonably anticipated that type of loss arising at the time of entering into these Terms; or (v) failure to provide TrackETA or to meet any of our obligations under these Terms
where such failure is due to events beyond our control (for example a network failure, GPS failure, Government of India restrictions).
GENERAL
We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 3.3, you may terminate your agreement with us at any time.
These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These Terms are not intended to give rights to anyone except you and us.
We are constantly looking for ways to improve and expand TrackETA services. We may amend these Terms from time to time in order to reflect changes to TrackETA services, in which case we will give you reasonable notice [by email] of any changes to these Terms. You can terminate at any time as set out above.
We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the Republic of India.
These terms and conditions were last updated on 20 June 2015.