Please ensure to read these terms and conditions of usage carefully. 

Installation

The user/subscriber agrees and consents to and shall be deemed to have agreed and consented to all the terms and conditions (present or modified from time to time), by subscribing/installing the software from the official web-portal/web-site (popularly known as “Whereaboutstracker.com”) of Whereaboutstracker(hereinafter referred to as “Whereaboutstracker”) and the same constitutes a legal binding contract.

You consent to Whereaboutstracker to check the requirements of your concerned phone according to the compatibility requirements mentioned on the Compatibility page, before placing the order.

These Terms and conditions of Usage (hereinafter referred to as “Terms of Usage”) describe the terms and conditions applicable to your access and use of the web-portal and the software known as Whereaboutstracker(hereinafter referred to as “Software”) made available through or in connection with the web-portal (hereinafter – the “Service”). These Terms of Usage set forth the terms and conditions under which Whereaboutstracker provides you access to the web-portal and the Service.

By installing Whereaboutstracker/software on a phone, you unconditionally and unequivocally confirm, acknowledge and assure that you have proper consent/authority under applicable laws to install Whereaboutstracker & monitor the phone in question. If you have unwillingly or unknowingly installed/subscribed Whereaboutstrackeron a phone for which you do not have rights to monitor, you undertake to contact us or write to us on support@whereaboutstracker.com, immediately on the most urgent basis to get assistance on removing the software.

 

All rights and authority over the software remains with Whereaboutstracker. Whereaboutstrackershall have rights to withdraw its services/software, if it is given to know/understand/learn about misuse of the said software.

You represent, undertake and assure neither to use nor permit anyone to use the web-portal, software, or the Services in violation of any applicable laws. Notwithstanding the foregoing, Whereaboutstracker is not responsible in any manner whatsoever, for your access or use of the Software.

You are aware and understand that you require a physical access to a phone to install the Software.


Acceptance

By using Whereaboutstrackerwebsite and/or the Service(s) you represent and assure that you have read, understood and consent to all the Terms and conditions mentioned in the Whereaboutstracker.com.

WhereaboutsMobileApp in its sole discretion may revise these Terms of Usage, Privacy Policy and Refund Policy at any time (on multiple occasions), without notice, and the new versions will be available on the web-portal and shall be binding in letter and spirit. In case if you have any objection to the same, you are under a legal obligation to stop using all the services of Whereaboutstracker.


Monitoring

The web-portal and the Software of Whereaboutstracker shall be used only for the purpose of (i) parental control of child/children of whom you are direct parent of i.e Mother or Father, (ii) by employers to monitor the phones, which belong to them and on which the employees work, after duly informing the employee about the software and its use, (iii) on a phone, which is of a user’s ownership, (iv) by a user with consent of the phone owner. It is clarified that the software shall not be used for any purpose which is illegal, immoral or not permissible under any applicable laws.

You are not supposed to install Whereaboutstracker on someone’s phone without his/her knowledge/consent and use his/her collected private data for any private/commercial purposes. If you are found indulged in any such activity, your license will be rendered void automatically and Whereaboutstracker shall have all the rights to stop its services forthwith. No refunds shall be entertained. Whereaboutstracker may also assist the government agencies in order to curb misuse of the software, by helping them to retrieve/receive data and records.


Billing & Payment of License Fees

It is clarified that the software always remains the property and under exclusive ownership of Whereaboutstracker and only temporary, limited and revocable license is granted to you.

To subscribe the Software after trial period, you should create your account by completing the Billing Information and the Payment Method by providing your personal information.

You are aware and understand that Whereaboutstracker is not responsible for any third-party memory leak/ hacker attacks in databases and/or servers.

You represent, agree and admit that Whereaboutstracker is not responsible or liable in any manner (either directly or remotely) for the installation by you of the Software to a concerned phone.

You undertake to properly follow all instructions and documentation provided by Whereaboutstracker to you at Whereaboutstracker.com;

You will not allow any other third party to access your account or to utilize the Software. In case the access your account was granted to a third party deliberately or by mistake or in any other way without your consent you acknowledge that Whereaboutstracker does not bear the responsibility therefore.

You will only install the Software on phones for which you are the owner or you received a valid and legal consent from such owner/user of the phone(s).

We reserve the right to modify, terminate or refuse the Whereaboutstracker service to anyone for any reason, without notice at any time.

We reserve the right to alter, modify, amend these Terms of Usage at any time. The altered, modified and/or amended terms of usage shall be binding on you. In case if the altered, modified and/or amended. Terms of usage is not acceptable to you, you shall forthwith inform in writing about the same to Whereaboutstracker. You shall be responsible and undertake to be vigilant and keep yourself informed about any alteration, modification or amendment of terms of usage. Whereaboutstracker shall not inform about the said alteration, modification or amendment of terms of usage. Alteration, modification or amendment of terms of usage on Whereaboutstracker.com shall without any further act or deed shall be deemed to be sufficient information/notice to you about all such alteration, modification or amendment of terms of usage.


Subscription

To subscribe you shall without fail first read all the Terms and conditions mentioned in the Whereaboutstracker.com including but not limited to Terms of Use , Privacy Policy and Refund Policy etc.

Payment of requisite license fees after placing of order for installation of software is necessary and mandatory for subscription. All requests for installation in absence of payment of applicable license fees is liable to be rejected out rightly.

While placing the order you should complete the Billing Information and the Payment Method by providing your personal information. In case if you have any reservation(s) towards providing your personal information, you are requested not to subscribe for Whereaboutstracker software as though Whereaboutstracker endeavors to maintain highest order of security, however, it gives no guarantee/warranty.

You shall follow the instructions given on Whereaboutstracker web portal for payment, installation of software etc. In case of any assistance required, please feel free to contact Whereaboutstracker@gmail.com.

Once the software is installed, the said software shall work only for such period for which you have taken subscription. In case if you wish to continue the services, you shall ensure to renew the same before the expiry of current subscription period Please note that the software would automatically stop functioning immediately on efflux of the period of subscription. In order to avoid discontinuation of services, you shall renew the same from time to time by making requisite payments.

You undertake not to use another user’s account without permission. When creating your account, you must provide accurate and complete information. In case if the information provided by you is found to be wrong or incorrect, Whereaboutstracker in its sole discretion may choose to stop your services. No refund shall be entertained is such case.

You are solely responsible for the activity that occurs from your account, and you must keep your account password secure. You undertake not to share your account and not to disclose your password to anyone else.

You must notify Whereaboutstracker immediately of any breach of security or unauthorized use of your account and if you believe that account password may have been compromised.

Whereaboutstracker will not be liable for any losses/damages (directly or remotely) caused by any unauthorized use of your account.

You have the right to cancel any account of yours at any time. You may cancel any account registered to you by following the instructions on the web-portal. It is clarified that in case of cancellation of account no amount shall be refunded.


Refund

Refund will be issued only in accordance with the refund policy. You are requested to also read in details the refund policy before downloading and/or installing the software. Please note that Refund policy also forms part and parcel of the present agreement and all its terms and conditions shall be binding on you, in letter and spirit.

Whereaboutstracker shall not entertain any request for refund, which is against the stipulations laid down in Refund policy.


Compatibility

You shall be solely responsible to check the requirements of compatibility of your phone before downloading and/or installing the WhereaboutsMobileApp software. WhereaboutsMobileApp does not recommend any specific brand of phone for the installation, as such, it shall be the sole responsibility of the user (you) to check the requirements of compatibility. Detail list of compatibility requirements are given on Compatibility page.

You are advised that you shall neither endeavor nor download/install any of the WhereaboutsMobileApp software, in case if your phone is not compatible.

Failure on any account related to confirming of the compatibility of phone before downloading/installing, shall make void ab-initio any claim for refund and the same shall not be entertained.

If you have already subscribed and installed the software on an incompatible brand/model of the phone, you may opt for free phone change and install on a compatible phone within 07 days from the date of subscription. In the period while you may switch phone, you license expiry shall not be affected will be continued from the date of final installation. Refunds will not be provided.


Uninstall

Un-installation of Whereaboutstracker software from phone by you/user for any reason disentitles you/user for any refund. .

It is clarified that Whereaboutstracker does not assure you that it shall be able to reinstall the said software, which may not be possible because of technical reasons. In which case no request for refund shall be entertained.


Security

You represent and acknowledge that you are aware of the fact that while placing order for the product, you are providing your personal information to the Payment Provider, who has no relation with WhereaboutsMobileApp either directly or remotely. You are also aware that both WhereaboutsMobileApp and Payment provider are two different and separate legal entities. WhereaboutsMobileApp takes no responsible for any third party memory leak of data.

You agree and undertake that you are obliged to safely and securely retain the password provided to you by WhereaboutsMobileApp. Loss of password and any loss/damage (directly or remotely) resulting as a consequence thereof shall be solely your responsibility and you undertake to indemnify WhereaboutsMobileApp for the same, without any limitation.

WhereaboutsMobileApp stores user’s login in database. User’s password is not stored. We store only hash of the password generated. Thus, WhereaboutsMobileApp at no point of time is aware of your password, which is only know to you. In case of disclosure of such encrypted data WhereaboutsMobileApp shall not be held responsible. The subscriber/user indemnifies and undertakes to keep WhereaboutsMobileApp and its directors, officials, staff indemnified from all claims, disputes, losses, damages, litigation etc.

WhereaboutsMobileApp does not control, monitor and/or is not aware of the purpose a user uses/puts to use the Software and WhereaboutsMobileApp may not be held responsible for any such use thereof. It is at a user’s risk and responsibility. You undertake once again to use the software strictly in compliance with applicable laws, in letter and spirit. You shall be solely liable at your risk, costs and peril in case of failure to observe the same.

You are aware, acknowledge and admit that WhereaboutsMobileApp does not encourage or asks its users to exploit the WhereaboutsMobileApp service illegally or for any purpose/use other than those permitted under applicable laws.


Mandatory Requirements To Be A User

Before placing an order, you represent, acknowledge and agree that you are entitled under applicable law(s) to avail WhereaboutsMobileApp services and are 18 year of age or above and of sound mind.

When installing the Software to a phone you acknowledge and agree that you are a parent to your minor child, or an employer and the employees’ phone is owned by you and the employee is aware of the said software in all details, notified and received free consent from an owner of this phone, without any force or coercion.

The downloading/installation of the WhereaboutsMobileApp software in any phone shall be done strictly under valid legal consent from the user/owner of the phone, given under free will, without any force or coercion. In case of any deviation from the above said, all liabilities shall solely rest on the defaulter (you/user). WhereaboutsMobileApp takes no responsibility, whatsoever.


Software Updates/Improve

WhereaboutsMobileApp team is continuously and zealously working towards providing of better and advanced software. In its endeavor to achieve better results and improve its services, WhereaboutsMobileApp may update/make improvements in its software, from time to time, without any notice, for which you acknowledge, agree and accept the same, without any protest/objection.


Disclaimer

The web-portal and the service provided by Whereaboutstracker is on an “as is where is basis”, without warranties/guarantees of any nature, either express or implied. Whereaboutstracker neither represents nor warrants any claim of accuracy, completeness or reliability of the software (either in part or full). You shall thoroughly examine and verify any information before relying on it and shall be solely responsible for the same at your risk and peril, for which Whereaboutstracker takes no responsibility. Whereaboutstracker does not warrant availability of its services during all times, at all locations. Whereaboutstracker also makes no claim that its services shall be free from all errors, uninterrupted, better than others, would be improved within a given time span, free from viruses, etc.

Whereaboutstracker understands that some states/territories do not accept/allow the disclaimer of implied warranties, in which case you are asked not to use/download/install the software in the said states/territories or use the same within the said states/territories. 

​You acknowledge that you are solely responsible for how you use the software, & for complying with all relevant laws in your area. You also acknowledge that neither Whereaboutstracker , nor any of its agents, affiliates, directors, employees & associates may be held liable, responsible or accountable for any type of damage, litigation or other legal action, which may arise either from your legal or illegal use of Whereaboutstracker software, websites, or any other software & under no circumstances will you be eligible for any form of compensation from the aforementioned

.


Indemnification

You agree to indemnify, defend and hold Whereaboutstracker, its directors, officials and staff and all other related parties harmless from any and all claims, demands, damages or other losses, including attorneys’ fees, resulting from or arising out of your use of the web-portal, the Software and/or the Service or any breach by you of these Terms of Usage or any other policies that Whereaboutstracker may issue for the web-portal, the Software and/or Service from time to time.


Assignment

Whereaboutstracker may assign these Terms of Usage, in whole or in part, to any person or entity at any time with or without any notice and your consent. Decision of Whereaboutstracker in this regard shall be final and binding. You agree to accept the said decision without any protest or objection.


Governing Law

Please follow the governing law of your country and abide by it before using the software.


Usage

This application is primarily meant for kids and employee monitoring purpose only. If you wish to monitor a phone, you must have consent to do so or the device user must be aware about it. If it is found out that the application was installed without the knowledge or consent on a person's phone, we will immediately stop the services and the user of the application shall not be eligible for a refund in such a case.

WHEREABOUTSTRACKER

support@whereaboutstracker.com