Terms & Conditions.

You are advised to read and understand these Terms carefully.

By downloading or accessing the Website or mobile app to use the Services, you irrevocably accept all the terms & conditions stipulated in this Agreement, and Privacy Policy, as available on the Website or mobile app and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website, mobile app or avail any Services.

Terms of Use for Law Practitioners and Law firms for the use of ‘trackki’ provided by Lawpoc Systems Private Limited (“trackki”).

Lawpoc Systems Private Limited (“us”, “we”, or “trackki”, which also includes its affiliates) is the author and publisher of the internet resource www.trackki.com(“Website”) on the world wide web as well as the software and applications provided by trackki, including but not limited to the mobile application ‘trackki’ (together with the Website, referred to as the “Services”).

These Terms of Use constitute the agreement (the “​Agreement​” or “​Terms of Use​”) between trackki and the user of trackki’s Subscription Services (“User”, as defined in this agreement). Your use of trackki’s Subscription Services, which include ‘trackki’ service accessible at www.trackki.com, ​for which a subscription amount is payable for usage ​(hereinafter individually referred to as the “​Subscription ​Service​” and collectively referred to as the “​Subscription​ Services​”) is subject to the following terms and conditions.

This Agreement, among other things, provides the terms and conditions for use of Subscription Services, primarily a web based practice management hosted and managed remotely through the website and through native mobile applicationsof this Agreement. The site www.trackki.com is owned and operated by trackki.

This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Subscription Services.

YOUR AGREEMENT WITH trackki

• We reserve the right to modify the Terms of Use at any time without giving you any prior notice. Your use of the Subscription Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of these Subscription Services or to particular Subscription Services are also considered as Terms of Use.
• You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services offered by us.
• Your access to use the Subscription Services will be solely at the discretion of trackki

WHO IS trackki?

trackki is the author and publisher of the software trackki (including all files and images contained in or generated by the software, and accompanying data, together the “​Software​”). The Subscription Services have been designed for use at businesses, institutions, establishments and organisations engaged in the Legal practices (“​Practices​”) by Lawyers (“​Practitioners​”, which term shall also include designated associates of the Law firm who would use Software), and clients of the Law practitioners (“​End-Users​”, which term shall also include members of public who search for Practitioners on the website anonymously or as a registered user of the Service) to find, manage and organise information including but not limited to personal or non­personal information, practice and business information, appointments, case status, acts, notes and billing details. All users of the Subscription Services are together termed as (“​Users​”or “you” or “your”).

trackki makes no express or implied representations or warranties about its Subscription Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non­infringement. trackki does not authorize anyone to make a warranty on trackki’s behalf and you may not rely on any statement of warranty as a warranty by trackki.

TERMS OF USE

• By using the Subscription Services, you agree that you have read and understood these Terms of Use and you agree to be bound by these Terms of Use and use these Subscription Services in compliance with these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE “SUBMIT” or “SIGNUP” or “REGISTER” BUTTON, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE SERVICE. You expressly represent and warrant that you will not use these Subscription Services if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person. YOUR USE OF THE trackki MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
• You must be 18 years of age or older to register; use these Subscription Services in any manner. By registering, or accepting this Agreement, you represent and warrant to trackki that you are 18 years of age or older, and that you have the right, authority and capacity to use the Subscription Services available through the trackki and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Subscription Services under the laws of India or other countries including the country in which you are resident or from which you use the Subscription Services.
• The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
  • the Indian Contract Act, 1872,
  • the (Indian) Information Technology Act, 2000, and
  • the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “​SPI Rules​”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “​IG Rules​”).
• A condition of the User’s use of and access to the Subscription Services available provided by trackki to Users is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource/the Subscription Services immediately and immediately discontinue use of all Subscription Services available at the trackki.
• trackki authorizes the User to view and access the content available on the Subscription Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Subscription Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Subscription Services (collectively, “​trackki Content​”), are the property of trackki and are protected under copyright, trademark and other laws. User shall not modify the trackki Content or reproduce, display, publicly perform, distribute, or otherwise use the trackki Content in any way for any public or commercial purpose or for personal gain.
• Multiple Users are not permitted to share the same/single log­in.
• If you are an employee, associate, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Subscription Services and the subscribing Practitioner has authorized you, explicitly or implicitly, to use the Subscription Services, this Agreement is a three­way agreement between you, the Practitioner and trackki. Both the Practitioner and trackki may seek recourse against you for any violation of the terms of this Agreement.
• Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log­in or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.
• These Terms of Use will also be applicable to Users who access Software features using native mobile applications published by trackki including but not limited to its applications for devices running on platforms such as iOS, Android and any derivatives or any other platforms. Additional terms of use may be applicable to Users while accessing Software using such mobile applications.
• You agree that any registration information you give to trackki will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.
• You agree that you will not use the Subscription Services provided by trackki for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Practitioner, a Practice or User.
• You agree to use the Subscription Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
• You agree not to access (or attempt to access) any of the Subscription Services by any means other than through the interface that is provided by trackki, unless you have been specifically allowed to do so in a separate agreement with trackki.
• You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).
• You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever.
• You agree that you are solely responsible for (and that trackki has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which trackki may suffer) of any such breach.
• You shall indemnify trackki for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by trackki as a result of your breach under any applicable law.
• You expressly acknowledge and agree that your use of the Subscription Services is at your sole risk and that the Subscription Services are provided “as is” and “as available”.
• You agree that this Agreement and the Subscription Services of trackki are subject to any modification, or may be removed by trackki, as a result of change in government regulations, policies and local laws as applicable.
• You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log­in you use to access the Software.
• Your use of each Subscription Service confers upon you only the rights and obligations relating to such Subscription Service, and not to any other Subscription Service or service that may be provided by trackki.

Use of Subscription Services

• trackki provides Software through its website (www.trackki.com), as a Software as a Service (SaaS) model. trackki is not responsible for and does not deal with any of client managed by User through the website or native mobile applications and only provides Software to User through the website and native mobile applications. To the extent User uses such software or downloads such software from the website, the software, will be deemed to be licensed to User by trackki, for providing Subscription Services to User and enabling User to use those Software only. trackki does not transfer either the title or the intellectual property rights to the Software and other its Subscription Services, and trackki (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Subscription Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to trackki may be used, stored or re­published by trackki or its affiliates even after the termination of these terms of Service.
• trackki may offer at its discretion, a free trial of its Subscription Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. Any data User enters into the Software, and any customizations made to the Software by or for User, during User’s free trial will be permanently lost at the expiry of the specified time period unless the User upgrades his/her/its subscription to one of the User Plans. trackki does not provide any warranty during the trial period.
• trackki offers its Subscription Services on basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The subscription fee hence charged is exclusive of any customisation costs.
• User shall not access the Subscription Services of trackki if the User or the organisation that he/she/it represents is trackki’s direct competitor, except with trackki’s prior written consent. In addition, the User shall not access the Subscription Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
• trackki provides, at its discretion provides basic support for the Subscription Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Subscription Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which trackki shall give at least 8 hours’ notice to Users via the Subscription Services or (ii) any unavailability caused by circumstances beyond trackki’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. trackki will provide the Subscription Services only in accordance with applicable laws and government regulations.
• Notwithstanding anything to the contrary contained herein, trackki does not warrant that its Subscription Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Subscription Services (depending on the Subscription Services used) and native mobile applications and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. trackki takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
• In the event the Software are not available due to apparent default at trackki’s end or are rendered unusable, trackki may at its discretion extend the subscription period of the Practitioner only by such number of calendar days when the Subscription Services were not available. However, you shall agree that trackki is not responsible and will not be held liable for the any failure of the intermediary services such as, data or internet connectivity failure or telephonic disconnections.
• The Subscription Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against trackki’s application programming interface, and, other limitations dependent on the ‘User Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription, storage limitation and any other limitations. Any such limitations are specified in the User Plans.
• The Subscription Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency procedures or any other emergency situations.
• trackki may, at its sole discretion, suspend User’s ability to use or access the Subscription Services at any time while trackki investigates complaints or alleged violations of this Agreement, or for any other reason.
• trackki reserves the right to use all information captured in its Subscription Services in anonymised form for the purpose of its Subscription Services improvements, and providing analytics and businesses intelligence to the third parties. On the basis of such information, trackki tries to make its Subscription Services more useful in following way:
  • Promotion of new Subscription Services,
  • Analysing software usage patterns for improving Subscription Services design and utility;
  • Analysing anonymised cleint’ information for research and development of new technologies and any other Subscription Services offerings;
• Users can use the rectification tools provided by trackki or contact trackki immediately for rectifications. trackki shall bear no liability or responsibility in this regard.
• trackki reserves the right to use the following types of information stored in our software:
  • Practice information;
  • Practitioner information;
  • End-Users’ demographic information as anonymised form;
  • End-Users’ information in relation to his history (anonymised form)
• While trackki makes every feasible effort to ensure a confirmed appointment for a End­User who requested an appointment on the Service, trackki does not guarantee that the appointments will be confirmed in all cases. Further, trackki has no liability if such appointment is confirmed but later cancelled by any of the End-Users, or the Practitioners are not available as per the given appointment time.
• Certain Subscription Services (including ancillary Subscription Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software (“​Specific Terms​”). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Subscription Services will be contingent upon your acceptance of and compliance with such Specific Terms.
• trackki reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Subscription Services as and when it deems fit, and make any such changes available in newer versions of its Subscription Services or native mobile application or all of these at its discretion. All Users of its Subscription Services will be duly notified upon release of such newer versions and trackki reserves the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit.
• trackki Terms of Use:
  • trackki is available ‘on the cloud’ wherein Practitioners are able to access to solution for a specific period of time, as chosen by them.
  • The Practitioner agrees that if the Software is being used by its employees or agents, including assistants, such employees or agents will use the Software in accordance with this Agreement.
  • User can use trackki to book appointments with End-Users, send End-Users reminders for appointments, record their meeting notes and to generate bills and invoices.
  • trackki reserves the right to make any further operational changes to the Software, at its discretion and the Practitioners will be notified of such changes or updates with a prior notice.
  • User shall agree that they will be subscribing the Software for the purpose of End­User management and will not use the Subscription Services provided by trackki for any unauthorized and unlawful purpose. You will not impersonate another person.
  • User shall agree that you will indemnify and keep indemnified trackki for all the costs, damages and losses any in case of any breach of security procedures by the User(s), User’s employees or its vendors.
  • Any communication sent by or through trackki to the clients or customers (whether or not End-Users) of a particular Practitioner is based solely on information uploaded by such Practitioner on the trackki software. The accuracy and completeness of such information (including but not limited to contact details of the client or customer) is the sole responsibility of the Practitioner. trackki will not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
  • trackki trackki sends alerts pertaining to the meetings & tasks to the End Users of the Customers and enables the End Users to also access their appointment details through User account created through website or trackki mobile app.

Payment, Fees and Taxes

• trackki may add new Subscription Services for additional fees and charges or may proactively amend fees and charges for existing Subscription Services, at any time in its sole discretion. Fees stated prior to the Subscription Services being provided, as amended at trackki’s sole discretion from time to time, shall apply.
• If you purchase any subscription based paid Service, you authorize trackki to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorise trackki make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.
• You agree that the billing credentials provided by you for any purchases from trackki will be accurate and you shall not use billing credentials that are not lawfully owned by you.
• The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscription Services. The subscription fee is non refundable.
• Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. trackki is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.
• trackki may make available an offline fee payment facility, supported by a third party vendor. trackki is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
• The fees could also be paid by cheque payable at Bengaluru, either collected personally from the User or required to be mailed to trackki at the following address: Lawpoc Systems Private Limited, #841,11th B Main, 5th Cross,4th Block, Koramangala, Bengaluru, Karnataka, INDIA – 560034.
• All fees are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied on every purchase.
• The payment process would be considered to be complete only on receipt of the fees into trackki’s designated bank account.
• Fees not received within the specified due dates may attract late charges of from the due­date of payment, and any such charges may be levied at trackki’s sole discretion.
• trackki reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice, either by notice on the Subscription Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to trackki to such notice, trackki shall apply the modified fee structure effective from the expiry of the said notice period.
• In order to process the fee payments, trackki might require details of User’s bank account, credit card number and other such financial information. Users are directed to check our privacy policy on how trackki uses the confidential information provided by Users.
• Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with trackki intimating such User about expiration of the current subscription period and that the credit card of such User registered with trackki will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal.
• If a User is not willing to continue or renew the subscription of Subscription Services, the same shall be communicated to trackki by the User within 3 (five) days of receipt of such intimation from trackki. In the absence of such intimation to discontinue the subscription, trackki shall be entitled to charge the credit card of the User registered with trackki on the day the current subscription period expires.
• trackki shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into trackki’s designated bank account.
• In case of non­payment of any fee beyond the date a payment becomes overdue (overdue date), trackki reserves the right to take any or all of the following actions as it deems appropriate (i)reduce all Subscription Service credits in Users’ Subscription Services account to 0 (zero) anytime after 3 (three) days from the overdue date, including but not limited to SMS and Call credits. (ii)discontinue the Subscription Services to the User anytime after 7 seven) days from the overdue date. (iii)delete all information in User’s account anytime after 30 (thirty) days from the overdue date.
• Fees and charges shall be calculated solely based on records maintained by trackki or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of trackki shall be final and binding in relation to any fees payable by Users.
• You can cancel your access to the Subscription Services using any of the cancellation methods listed in the Terms of Use or by contacting our customer support by email at support@trackki.com.
• trackki will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription Services, or parts. The subscription fees are non­transferable and the payment made by the User for a particular Subscription Service cannot be transferred or carried over to another Service.

Collection, Use, Storage and Transfer of Personal Information

• The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the privacy policy (“​Privacy Policy​”) available at www.trackki.com/privacy.
• The Privacy Policy sets out:
  • The type of information collected from Users, including sensitive personal data or information;
  • The purpose, means and modes of usage of such information; and
  • How and to whom trackki will disclose such information.
• The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
  • the fact that the information is being collected;
  • the purpose for which the information is being collected;
  • the intended recipients of the information;
  • the name and address of the agency that is collecting the information and the agency that will retain the information; and
  • the various rights available to such Users in respect of such information.
• Each Practice and its users of Software will be responsible for obtaining explicit consent from their End-Users before storing any End­User information in Software.
• trackki shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to trackki or any other person acting on behalf of trackki.
• The use of the Subscription Services involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy. The other information collected by trackki from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
• The User is responsible for maintaining the confidentiality of the User’s log­in account access information and password. The User shall be responsible for all usage of the User’s log­in or password, whether or not authorized by the User. The User shall immediately notify trackki of any actual or suspected unauthorized use of the User’s log­in or password. Although trackki will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to trackki or any others parties due to such unauthorized use.
• If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or trackki has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, trackki has the right to discontinue the Subscription Services to the User at its sole discretion.
• trackki may, at its discretion, use information stored in its Subscription Services from time to time for the purposes of debugging customer support related issues.
• trackki collects and uses Users personal and demographics information in ways as stated in Privacy Policy that can be found at www.trackki.com/privacy-policy.. trackki intends to seek User’s permission if it wishes to use any User’s personal data for any purpose not specified herein or in the Privacy Policy. Any information provided by the User may be retained by trackki and used at its discretion after termination of this Agreement or expiry of a subscription by the User, and thereupon the Agreement and Privacy Policy of the Website shall be applicable to such information

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Covenants

• As mandated by Regulation 3(2) of the IG Rules, trackki hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
  • belongs to another person and to which the User does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee (or End­User or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
• The User is also prohibited from:
  • violating or attempting to violate the integrity or security of the Subscription Services or any trackki Software;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the Subscription Services that is disruptive or competitive to the provision of Subscription Services by trackki;
  • intentionally submitting on the Subscription Services any incomplete, false or inaccurate information;
  • making any unsolicited communications to other Users;
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;
  • attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscription Services unless explicitly permitted by trackki;
  • copying or duplicating in any manner any of the trackki content or other information available from the Service;
  • framing or hotlinking or deeplinking any trackki content.
  • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
• trackki, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned, shall be entitled to disable such information that is in contravention. trackki shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.
• In case of non­compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, trackki has the right to immediately terminate the access or usage rights of the User to the Subscription Services and to remove non compliant information.
• trackki may disclose or transfer User Information (as defined in the privacy policy) to its affiliates, and you hereby consent to such transfer. The SPI Rules only permit trackki to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by trackki as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between trackki or any person on its behalf and the user or where the User has consented to data transfer.
• trackki respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

Liability

• trackki shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by trackki, where the User has consented to the making of disclosures by trackki. If the User had revoked such consent under the terms of the privacy policy, then trackki shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by trackki prior to its actual receipt of such revocation.
• The User shall not hold trackki responsible or liable in any way for any disclosures by trackki under Regulation 6 of the SPI Rules.
• The Software provided by trackki or any of its licensors or providers are provided “as is”,” as available”, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non­infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). trackki does not provide or make any representation, warranty or guaranty, express or implied about the Subscription Services. trackki does not verify any content or information provided by Users on its Subscription Services and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Subscription Services, , the trackki Content, representations and warranties made by the Users or the content or information provided by the Users on the Subscription Services or any opinion or suggestion given or expressed by trackki or any User in relation to any User or Subscription Services provided by such User.
• trackki assumes no responsibility, and shall not be liable for ways in which End­User data is used by Practitioners and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the End­User data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by trackki, is used in compliance to local privacy laws applicable to the Practice’s business transactions with End-Users.
• The Subscription Services of trackki may be linked to the services of third parties, affiliates and business partners. trackki has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Subscription Services or made available by/through our Subscription Services. Inclusion of any link on the Subscription Services does not imply that trackki endorses the linked site. User may use the links and these Subscription Services at User’s own risk.
• trackki assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Subscription Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the Subscription Services of trackki.
• The Subscription Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized trackki representatives or agents, and their opinions or statements do not necessarily reflect those of trackki, and they are not authorized to bind trackki to any contract. trackki hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
• In no event, including but not limited to negligence, shall trackki, or any of its directors, officers, employees, agents or content or service providers (collectively, the “​protected entities​”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Subscription Services or the content, materials and functions related thereto, User’s provision of information via the Subscription Services of the trackki, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any Subscription Services by Practitioners to End-Users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Subscription Services. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Subscription Services exceed, in the aggregate Rs. 500.
• In no event shall the protected entities be liable for failure on the part of the Users to provide agreed Subscription Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the Subscription Services provided by a User.
• The protected entities and the trackki shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in trackki Subscription Services made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service.

Indemnity

User agrees to indemnify and hold harmless trackki, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Software, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. trackki will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Spamming

trackki has a zero­tolerance spam policy. trackki employs controls on user permission to receive Content from trackki’s Subscription Services and has easily accessible ways for users to block or not receive content if they chose to. However, trackki’s policy on spam is clearly stated below:

• Spamming is defined as the practice of (i) sending unsolicited messages, likely with commercial content, (ii) in large quantities (iii) to an indiscriminate set of recipients. The result of this practice is termed “Spam”.
• The sender of any message deemed to be “spam” is liable for Rs. 5,000/­ for each End­User that receives each unauthorized message. The sender of ‘Spam’ will pay all fees owed to trackki within thirty (30) days of such transmission.

Term, Termination and Disputes

• This Agreement will remain in full force and effect while the User is a user of any of the Subscription Services in any form or capacity.
• The User can request for termination of his/her/its membership with trackki at any time by providing 30 (thirty) days’ prior written notice to support@trackki.com. During this 30­day period, trackki will investigate and ascertain the fulfilment of any ongoing Subscription Services or pending dues related to subscription fees or any other fees by the User. trackki may require the User to continue his/her/its subscription until the completion or termination of an on­going Subscription Services or subscription period, should the situation warrant and at trackki’s discretion. The User shall be obligated to clear any dues with trackki for any of its Subscription Services for which the User has procured. trackki shall not be liable to you or any third party for any termination of your access to the Site and/or the Subscription Services.
• trackki reserves the right to terminate any account in cases:
  • A User breaches any terms and conditions of this terms of use or privacy policy;
  • trackki is unable to verify or authenticate any information provide to trackki by a User; or
  • trackki believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for trackki or are contrary to the interests of the Service.
• Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Subscription Services under the same account, a different account or re­register under a new account, unless explicitly permitted by trackki. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other content kept on the Subscription Services by such User. The User shall ensure that he/she/it maintains has continuous backup of any User­provided content, data or information on the Service, in order to comply with his/her/its record keeping process and practices. Nothing contained in these Terms of Use shall restrict trackki’s use of the data or right to publish information made available by a User in the public domain through the Subscription Services or any other platform managed by trackki after the termination or expiry of a subscription or cessation of operation of these Terms in relation to a specific User.
• Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to non­payment, trackki will make available to the User for download a copy of such User’s data in comma separated value (.csv) format or any other format as determined by trackki. After such 30 (thirty) days period, trackki shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription ­ Users data will not be available after termination of subscription in such cases.
• trackki reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Subscription Services and immediate termination of the User’s account with or without ability to access the Softwares, upon any breach by the User of this Agreement or if trackki is unable to verify or authenticate any information the User submits to trackki, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for trackki to provide the Subscription Services to the User.
• This Agreement and any contractual obligation between trackki and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bengaluru, India.
• Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

Theft of Subscription services

You agree to notify trackki immediately, in writing or by mail to ​support@trackki.com or by calling trackki customer care on +91 9489483883, if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, trackki shall not be liable to extend the subscription period or waive­off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. trackki will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Subscription Services.

Misuse of Subscription services

trackki may restrict, suspend or terminate the account of any User who abuses or misuses the Subscription Services. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behavior that trackki, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, trackki has adopted a policy of terminating accounts of users who, in trackki’s sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by trackki.

Severability and Waiver

If any provision of this terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Contact Information

• If any User has any question, issue, complaint regarding any of our Subscription Services, please contact our customer service at ​support@trackki.com​.
• If a User has any questions concerning trackki, the Service, this Agreement, or anything related to any of the foregoing, trackki can be reached at the following email address ­ ​support@trackki.com or via the contact information available from the following hyperlink: www.trackki.com/#contact

COLLECTION OF PERSONAL INFORMATION

• Generally some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, or through any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by trackki. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:
  • contact data (such as your email address and phone number);
  • demographic data (such as your gender, your date of birth and your pin code);
  • data regarding your usage of the services and history of the appointments made by or with you through the use of Services;
  • insurance data (such as your insurance carrier and insurance plan);
  • other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters.
• The information collected from you by trackki may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules.
• “Personal Information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
• The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information about that person relating to:
  • passwords;
  • financial information such as bank accounts, credit and debit card details or other payment instrument details;
  • physical, physiological and mental health condition;
  • biometric information;
  • information received by body corporate under lawful contract or otherwise;
  • visitor details as provided at the time of registration or thereafter; and
  • call data records.
• trackki will be free to use, collect and disclose information that is freely available in the public domain without your consent.

PRIVACY STATEMENTS

• Accordingly, a condition of each User’s use of and access to the Services is their acceptance of the Terms of Use, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same has the option to discontinue the Services provided by trackki immediately.
• An indicative list of information that trackki may require you to provide to enable your use of the Services is provided in the Schedule annexed to this Privacy Policy.
• All the information provided to trackki by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that trackki may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, (c) for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates (d) for communication purpose so as to provide You a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice, (e) debugging customer support related issues.. trackki also reserves the right to use information provided by or about the End-User for the following purposes:
  • Publishing such information on the Website.
  • Contacting End-Users for offering new products or services.
  • Contacting End-Users for taking product and Service feedback.
  • Analyzing software usage patterns for improving product design and utility.
  • Analyzing anonymized practice information for commercial use.
• If you have voluntarily provided your Personal Information to trackki for any of the purposes stated above, you hereby consent to such collection and use of such information by trackki. However, trackki shall not contact You on Your telephone number(s) for any purpose including those mentioned in this sub-section 4.1(iii), if such telephone number is registered with the Do Not Call registry (“DNC Registry”) under the PDPA without your express, clear and un-ambiguous written consent.
• Collection, use and disclosure of information which has been designated as Personal Information or Sensitive Personal Data or Information’ under the SPI Rules requires your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such use, collection and disclosure as required under applicable law.
• trackki does not control or endorse the content, messages or information found in any Services and, therefore, trackki specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against trackki relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against trackki relating to the same.
• You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through privacy@trackki.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or trackki has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, trackki may, at its sole discretion, discontinue the provision of the Services to you. There may be circumstances where trackki will not correct, delete or update your Personal Data, including (a) where the Personal Data is opinion data that is kept solely for evaluative purpose; and (b) the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.
• If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through support@trackki.com . We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes. Please note that your withdrawal of consent, or cancellation of account may result in trackki being unable to provide you with its Services or to terminate any existing relationship trackki may have with you.
• If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please send us an email at support@trackki.com .
• trackki may require the User to pay with a credit card, wire transfer, debit card or cheque for Services for which subscription amount(s) is/are payable. trackki will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, trackki provides you an option not to save your payment details. User is advised, however, that internet technology is not full proof safe and User should exercise discretion on using the same.
• Due to the communications standards on the Internet, when a User or the End-User or anyone who visits the Website, trackki automatically receives the URL of the site from which anyone visits. trackki also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help trackki improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with or disclosed to third parties. Notwithstanding the above, trackki may share and/or disclose some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
• The Website uses temporary cookies to store certain (that is not sensitive personal data or information) that is used by trackki and its service providers for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, trackki may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies however, do not store any Personal Information of the User. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the Website, but the Website may be limited in the use of some of the features.
• A User may have limited access to the Website without creating an account on the Website. Unregistered Users can make appointments with the doctors by providing their name and phone number. In order to have access to all the features and benefits on our Website, a User must first create an account on our Website. To create an account, a User is required to provide the following information, which such User recognizes and expressly acknowledges is Personal Information allowing others, including trackki, to identify the User: name, User ID, email address, country, ZIP/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested on the registration page, including the ability to receive promotional offers from trackki, is optional. trackki may, in future, include other optional requests for information from the User to help trackki to customize the Website to deliver personalized information to the User.
• This Privacy Policy applies to Services that are owned and operated by trackki. trackki does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which trackki is not responsible or liable. Accordingly, trackki does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does trackki guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by trackki of the website, the website’s provider, or the information on the website. If you decide to visit a third party website linked to the Website, you do this entirely at your own risk. trackki encourages the User to read the privacy policies of that website.
• The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized trackki representatives or agents, and their opinions or statements do not necessarily reflect those of trackki, and they are not authorized to bind trackki to any contract. trackki hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
• trackki does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, use, storage and disclosure of which each End User must agree to under the Terms of Use in order for trackki to effectively render the Services).
• trackki maintains a strict “No-Spam” policy, which means that trackki does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
• trackki has implemented best international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, trackki shall not be held liable for any loss whatsoever incurred by the User.
• trackki implements reasonable security practices and procedures and has a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of trackki’s business.
• trackki takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose your Personal Information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when trackki, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.
• As part of the registration as well as the application creation and submission process that is available to Practitioners on trackki, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Practitioners.
• All the statements in this Privacy Policy apply to all Practitioners, and all Practitioners are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to trackki, failing which they are required to leave the Services, including the Website or uninstall the mobile app immediately.
• Practitioners’ personally identifiable information, which they choose to provide to trackki, is used to help the Practitioners describe and identify themselves. This information is exclusively owned by trackki You will be the owner of your information and you consent to trackki collecting, using, processing and/or disclosing this information for the purposes hereinafter stated . trackki may use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. trackki also reserves the right to use information provided by or about the Practitioner for the following purposes:
  • Publishing such information on the Website.
  • Contacting Practitioners for offering new products or services subject to the telephone number registered with the DNC Registry.
  • Contacting Practitioners for taking product feedback.
  • Analyzing software usage patterns for improving product design and utility.
  • Analyzing anonymized practice information including financial, and inventory information for commercial use.
• trackki will communicate with the End-Users through email, phone and notices posted on the Website or through other means available through the service, including text and other forms of messaging.
• At times, trackki conducts a User survey to collect information about End-Users’ preferences. These surveys are optional and if End-Users choose to respond, their responses will be kept anonymous. Similarly, trackki may offer contests to qualifying End-Users in which we ask for contact and demographic information such as name, email address and mailing address. The demographic information that trackki collects in the registration process and through surveys is used to help trackki improve its Services to meet the needs and preferences of End-Users.
• trackki may keep records of electronic communications and telephone calls received andmade for making appointments or other purposes for the purpose of administration of Services, customer support, research and development and for better listing of Practitioners.
• All trackki employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every End-Users’ Personal Information or Sensitive Personal Data and Information. trackki has put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data from the point of collection to the point of destruction. Any third-party data processor to which trackki transfers Personal Data shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own.
• trackki may also disclose or transfer End-Users’ personal and other information provided by a User, to a third party as part of reorganization or a sale of the assets of a trackki corporation division or company. Any third party to which trackki transfers or sells its assets to will have the right to continue to use the personal and other information that End-Users provide to us, in accordance with the Terms of Use
• To the extent necessary to provide End-Users with the Services, trackki may provide their Personal Information to third party contractors who work on behalf of or with trackki to provide End-Users with such Services, to help trackki communicate with End-Users or to maintain the Website. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these Services in accordance with their own privacy policies. In such circumstances, you consent to us disclosing your Personal Information to contractors, solely for the intended purposes only.

CASUAL VISITORS NOTE:

• No sensitive personal data or information is automatically collected by trackki from any casual visitors of this website, who are merely perusing the Website.
• Nevertheless, certain provisions of this Privacy Policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this Website immediately.
• If you, as a casual visitor, have inadvertently browsed any other page of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by trackki. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as trackki cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.
• You are not a casual visitor if you have willingly submitted any personal data or information to trackki through any means, including email, post or through the registration process on the Website. All such visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.

CONFIDENTIALITY AND SECURITY

• Your Personal Information is maintained by trackki in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. trackki takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of trackki’s business.
• No administrator at trackki will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Website when finished. trackki does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify trackki by sending an email to support@trackki.com You shall be liable to indemnify trackki due to any loss suffered by it due to such unauthorized use of your account and password.
• trackki makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.
• Part of the functionality of trackki is assisting the lawyers to maintain and organise such information. trackki may, therefore, retain and submit all such records to the appropriate authorities, or to lawyers who request access to such information.
• Part of the functionality of the trackki is assisting the clients to access information relating to them. trackki may, therefore, retain and submit all such records to the relevant clients, or to their lawyers.
• Notwithstanding the above, trackki is not responsible for the confidentiality, security or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, trackki shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of trackki including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.

CHANGE TO PRIVACY POLICY

• trackki may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way trackki treats User’s personally identifiable information, or in the Privacy Policy itself, trackki will display a notice on the Website or mobile app or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. As always, if you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact support@trackki.com to deactivate your account. Unless stated otherwise, trackki’s current Privacy Policy applies to all information that trackki has about you and your account.
• If a User uses the Services or accesses the Website after a notice of changes has been sent to such User or published on the Website or mobile app, such User hereby provides his/her/its consent to the changed terms.

CHILDREN’S AND MINOR’S PRIVACY

trackki strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the trackki Website and Services are not intended for use by minors, trackki respects the privacy of minors who may inadvertently use the internet or the mobile application.

CONSENT TO THIS POLICY

You acknowledge that this Privacy Policy is a part of the Terms of Use of the Website and the other Services, and you unconditionally agree that becoming a User of the Website and its Services signifies your (i) assent to this Privacy Policy, and (ii) consent to trackki using, collecting, processing and/or disclosing your Personal Information in the manner and for the purposes set out in this Privacy Policy. Your visit to the Website or mobile app and use of the Services is subject to this Privacy Policy and the Terms of Use.

ADDRESS FOR PRIVACY QUESTIONS

If any User has any question, issue, complaint regarding any of this Privacy Policy or any Subscription services, please contact our customer service at care@trackki.com​ or via the contact information available from the following hyperlink: ​www.trackki.com#contact

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