Commencement OF Agreement :
This Agreement shall deem to have come in to force at once, upon your using any of the services provided by PC Tracker.
The terms and conditions contained in this PC Tracker are NON-NEGOTIABLE and are subject to acceptance “AS IT IS”. If you do not agree to this Terms and Conditions, you shall quit using PC Tracker at ONCE, however your use of PC Tracker, whether single use, multiple use or continuing use, shall deem to be considered as your express PC Tracker to the terms and conditions of this PC Tracker
Your use of the Services provided by PC Tracker, whether single use, multiple use or continuing use, shall deem to be considered as consideration, sufficiency of which is hereby acknowledged by you, to expressly agree to the terms and conditions contained in this Agreement.
Services provided herein are available only to those individuals/organizations that are competent to entire and form a legally binding and enforceable contract under applicable law.
Account means the Account registered by the USER on PC Tracker
Device means any Computer System, Smart Phones, Tablets, or any other Electronic device which supports and is compatible for the use of PC Tracker
Monitor means to monitor, track and collect the monitored information of the Target
Monitored Information means any information, data, graphics, locations, emails etc. received from the device by use of PC Tracker
PC Tracker shall mean www.pc-tracker.com and shall include PC Tracker’s any other Website, Sub-Domains, Web Links, Web Applications, Android & IOS Applications, Windows Applications, Clouds, Programs, Computer Software and any other services provided by PC Tracker
SERVICES means any services provided by PC Tracker from time to time
THIRD PARTY means any person other than the “USER” or “TARGET”
TARGET means a person who is monitored through PC Tracker Services
USE means to install and assess PC Tracker and monitor the TARGET
Objective of PC Tracker :
PC Tracker is an Desktop application which is build with the following objectives : -
- Enabling Parents to monitor their minor child’s online and offline activities
- E Provide parental control to their Desktop devices
- Monitoring Employees activities by the Employer during specified Employees working hour.
HOW PC Tracker functions :
USER shall register an Account with PC Tracker
USER shall install PC Tracker Software on the TARGETS device
Connect the Targets device with User by input USERS LOGIN credentials on TARGETS device
PC Tracker will collect MONITOR INFORMATION from TARGETS device
MONITORED INFORMATION will be send by PC Tracker Software from Targets device to USERS Account by data connectivity.
User can review and save all the MONITORED INFORMATION.
PC Tracker services & monitored INFORMATION :
PC Tracker provides following services to its users and monitors the following information of the Target:- Web History,Web History,Social Media Activity Tracker,Application Tracker, Anti-Theft Tracker,Emails Any other services as may be added or deleted from time to time.
The aforesaid services are provided on “AS IS” and on “Availability” basis, without any warranty, guarantee or representation by PC Tracker, that any of the services would be available for all the time, and that any such services when available would be accurate, error free, without any interruptions or would generate the desired results.
PC Tracker may at any time suspend any of the aforesaid services or make addition to any of the aforesaid services at any point of time, without any notice or intimation to the USER.
PC Tracker services & monitored INFORMATION :
Any user desirous to avail and/or use the services of PC Tracker shall be required to register with PC Tracker on website by submitting the registering form online available on the PC Tracker website.
PC Tracker reserves the right to accept or reject the registration of user in its sole discretion with or without assigning any reason whatsoever.
User acknowledges that it does not have any right to get registered on the website and that PC Tracker shall have final authority whether to accept or reject the user registration.
User shall enter only true, correct and accurate details for registration. If at any time it is so found that the information so entered at the time of registration is false, misleading and incorrect, PC Tracker shall have right to forthwith cancel / terminate user registration and discontinue any services made available to such user.
User must provide all mandatory details as required for registration of user.User must provide all mandatory details as required for registration of user.
User shall fill up the registration form by himself, and shall not make use any robotics system, or any automated system for filing the registration form.
User shall not create any spam or fake registration and / or shall not create multiple user account and/or shall not scrap the website database.
User shall be required to create a username and password for log-in in the website. User hereby agrees not to share or disclose its username and password to any third party whatsoever.
The username created by user shall not be abusive, racist, offensive or against statutory provisions relating to use of name.
User shall forthwith bring to the notice of PC Tracker any unauthorized access of his user account or breach of any security knows to him.
Any licenses, permits, consents, approvals etc. which may be required for using the services of PC Tracker on TARGET shall be obtained by the User at his own cost.
The User will ensure compliance with all notices or instructions posted on PC Tracker website from time to time to enable the use of the Service.
The User agrees at all times to comply with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made thereunder.
The User shall be responsible for the set-up or configuration of his system for accessing any PC Tracker
Conditions of PC Tracker use :
PC Tracker is not a SPY software and is not to be used as such by the USER. Purpose of services provided by PC Tracker is strictly to achieve the aforesaid objectives of (1) Parental Control over Minors; and (2) Employees Monitoring during the Employment Hours and it is to be used only for such designated purpose and none other.
PC Tracker shall not be used to breach the privacy or spy on any Individuals. Any such illegal usage of the Services of PC Tracker shall be construed as breach of this Agreement and upon knowledge of such Breach; PC Tracker shall forthwith terminate the services and block the account of the USER, without any notice to the USER.
To use PC Tracker, the user is required to register its Account with PC Tracker and install PC Tracker Application on the devices of the TARGET which is intended to be monitored as per this Agreement.
Before installing PC Tracker on the TARGETED device, USER acknowledges and understands that : -
- User shall install PC Tracker Application only in their own Child’s devices or the Child’s of whom User is a legal guardian or custodian under the law. User shall not install PC Tracker Application on other’s Child’s devices.
- User shall install PC Tracker Application only on the devices belonging to the User.
- In the event User provides, licenses, sell, rents etc. his device to any third party for use, in which PC Tracker is installed, then before delivering the device to such Third Party for use, the USER shall notify such Third Party regarding the presence of the PC Tracker on the device, so as to enable the Third Party to decide whether to accept and use such device or not. Acceptance of devices by the third party with the knowledge of PC Tracker on such devices shall be deemed presumed under the law as Express Consent of such Third Party to be monitored by the USER and the THIRD PARTIES express consent to the Terms and Conditions of this Agreement.
- User shall not install PC Tracker on any Third Parties device, without the consent of such Third Party. User acknowledges and understands that installing PC Tracker application on third parties devices without third parties knowledge and express consent is illegal and in breach of the terms of this agreement.
- Before monitoring an Employee, the USER shall take an express written consent from the Target Employee regarding his ready and willingness to be monitored by PC Tracker. At the time of obtaining written consent of the TARGET Employee, USER shall disclose to the Target Employee the list of all such information which shall be monitored by the user through PC Tracker.
- USER shall use PC Tracker himself to monitor the target and shall not sub-license or appoint any agent, employee etc. to monitor the target.
- User shall not share, leak, disclose, publish, part away or permit any third party to have access to any of the Monitored information of the TARGET.
USER acknowledges and agrees that the PC Tracker is meant only for legitimate use and its illegal use may result in to serious violation of the LAW and consequently may result in to serous civil and criminal consequences.
USER acknowledges consents and agrees that USER shall use PC Tracker only in accordance with the law of Country to which USER is subject to. Law shall mean and include any legislation, act of parliament, ordinances, rules, bylaws, regulations, control order any other instrument having the force of law.
In some countries, law may specifically restrict use of any monitoring applications without any exceptions, and in such countries, it may be illegal for the user to use PC Tracker, even with the consent of the TARGET. Since PC Tracker is available worldwide through World Wide Web, User may be able to avail and use PC Tracker in the country of his location, however, before using PC Tracker, user shall obtain independent opinion from his local attorney, regarding the legitimacy of the intended use of PC Tracker in the country of his location and only after obtaining such legal opinion the USER may use PC Tracker.
USER acknowledges, consents and agrees that any legal consequences arising out of the use of PC Tracker by the USER, not limiting damages, compensations, penalty, imprisonment, costs, etc. shall be sole liability and responsibility of the USER and PC Tracker shall not in any manner be held responsible for any such consequences or liability incurred by the USER.
PC Tracker is the sole owner and title holder of all PC Tracker services, including PC Tracker Applications, Programming Codes, Designs, Logos, Websites, Web Applications, Databases, Logics and any other tangible or intangible intellectual property right associated, comprised and consisted therein, including any modification, improvements, enhancements etc. made therein.
PC Tracker services may be available for FREE or for a subscription. In any such event, the user is only granted permissive right merely as LICENSEE to use the PC Tracker, subject to the terms and conditions and restrictions herein contained in this Agreement.
It is clarified that USE of SERVICES of PC Tracker by the USER is merely on license basis and it is not the transfer of property of any of the PC Tracker services, proprietary or intellectual property rights.
User shall not have any proprietary right, title or interest in any of the PC Tracker services or Properties.
License granted by PC Tracker to the user herein shall mean that PC Tracker hereby grants the USER with a limited, non-exclusive, non-transferable, revocable license to:-
- Install PC Tracker in one or more devices, as per USER license subscription policy, which are owned by the USER, or are under USER legal control,
- To view, review and use the services of PC Tracker
- To use the PC Tracker for monitoring of a specified TARGET devices,
- The license herein granted, only permits the USER to install PC Tracker on the devices that are owned and legally possessed by the User, or the devices on which USER have been granted express right by the third party to install PC Tracker.
- This License do not permit the User to use PC Tracker on any device which is not owned or control, or for which user do not have the legal right to use PC Tracker.
- License granted herein is revocable at any time at the sole discretion of PC Tracker, without any prior notice or intimation to the USER.
License granted herein DO NOT INCLUDE : -
- No License is granted to the USER in any of the intellectual property of PC Tracker
- Sell, lease, rent, license, sublicense, redistribute, assign, export, import, upoad PC Tracker to any THIRD PARTY, whether on commercial basis or otherwise
- Decompile, Disassemble, or reverse engineer any of the applications, software, code etc of PC Tracker, in whole or in part
- Develop any derivative PC Tracker, or make attempt to derive the source code of, modify, or create derivative works of the PC Tracker
- USER shall not make unauthorized reproduction, distributions, copy adapt, edit, change, transform, hack or illegally access to any of the contents, codes, materials or Applications of PC Tracker whether in part or in full.
NO Illegal use :
USER shall not make use of PC Tracker other than for the legitimate purpose for which the license is hereby granted to the USER.
USER hereby acknowledges and agrees not to use PC Tracker in any manner so as to spy, harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any third parties,
USER shall not use any MONITORED INFORMATION FOR harassing, threatening, defaming or offending the TARGET or any third party.
User shall not share, leak, disclose, publish, part away or permit any third party to have access to any of the Monitored information of the TARGET.
All services provided by PC Tracker are on “AS IS” and on “AVAILABLE” basis and PC Tracker do not guarantee or warranty that any services provided by PC Tracker would be available at all the time, and that such services when available would be accurate, error free, bug free, precise, uninterrupted or would be as per USERS expectation. User agrees to use PC Tracker at its own discretion, risk and consequences.
PC Tracker do not guarantee or warrant that the any of the PC Tracker services will be compatible with USERS devices. Before using PC Tracker, user shall verify the compatibility of TARGET device with PC Tracker.
PC Tracker uses internet / DATA CONNECTIVITY to synchronize MONITORED INFORMATION between the Target device and USER Account. Hence the performance of services by PC Tracker is dependent on the availability of strong internet connection, in absence of which USER may not be able to assess timely MONITORED INFORMATION. PC Tracker do not assume any liability in the event USER is not able to monitor the target due to lack of internet connectivity.
PC Tracker uses device memory and device disk space to save the monitored information, which is not immune from getting corrupted, data loss, tempering or attack from virus, spam or any other damage. PC Tracker shall not be liable in the event any of the MONITORED INFORMATION gets corrupt, destroyed, tempered or lost from the TARGET device and is not available to the USER for monitoring.
Quality of Monitored Information is subject to the precision and quality of TARGET device. In the event target device is not compatible or does not render optimum clear output like camera, microphone, GPS etc., then in such event quality of MONITORED INFORMATION may not be good and in many events it may not even be usable or collected at all, for which PC Tracker assumes no responsibility or liability whatsoever.
PC Tracker may at its sole discretion and without assigning any reason whatsoever at any time suspend PC Tracker Services without any notice with a view to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. During this Suspension period USER may not be able to monitor the target, in which event PC Tracker is not liable for any loss that may be sustained by the USER on account of unavailable of PC TrackerS services.
PC Tracker complies with all industrial standards pertaining to safety and security of the ELECTRONIC DATA, however, user and target understand and acknowledges that any security and safety measures are not absolutely and can be penetrated by diverse methods, and in which event, loss of data and MONITORED INFORMATION may suffer, in which PC Tracker shall not be liable to the user or the target, for loss or leak of any Information on account of hacking, data theft online security beach or for any other reasons, which is not in the control of PC Tracker.
Wrongful Use Policy :
PC Tracker SPECIFICALLY RESTRICT ANY UNAUTHORIZED AND ILLEGAL USAGE OF PC Tracker SERVICES ON THE TARGETS AND THIRD PARTIES AND In the event the TARGET or Any Third Party believes that his device has been wrongly installed with PC Tracker, then any such Target or Third Party shall forthwith notify PC Tracker about such wrongful installation of PC Tracker on their devices.
Upon receipt of such wrongful use information, PC Tracker shall assist the TARGET OR THIRD PARTY to uninstall the PC Tracker Application from its devices.
PC Tracker shall further notify the USER with whom the device is connected regarding such wrongful use report and shall seek clarification from the USER. In the event there is no satisfactory clarification received from the USER, THEN PC Tracker shall block the USER ACCOUNT and permanently suspend PC TrackerS Services to such user and delete all MONITORED INFORMATION qua such USER from its SERVER.
LIMITATION OF LIABILITY :
Subject to the maximum extend permissible under the law, PC Tracker shall not be liable to the USER or the TARGET or any THIRD PARTY in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from use of PC Tracker; or for any loss of profit, revenue, data, information, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of USERS use or inability to use PC Tracker ; or any defect in the PC Tracker SERVICES OR MONITORED INFORMATION ; or the breach of this Agreement, whether in an action in contract or tort or based on a warranty.
Subscription Fees :
PC Tracker may provide subscription based services to the USER.
User willing to avail such services shall be required to pay subscription fees as prescribed in such respective subscription Package.
User of such service shall be bound by the terms and conditions prescribed for each individual Services, in addition to the terms and conditions stated herein, to the extend not inconsistent with such Subscription terms and conditions.
Validity of the subscription and services made available to user under such Services subscriptions shall be as per the terms and conditions stated in respective Services terms and conditions.
Pending validity of any Service subscription, should user terminate his account, in that event the unused subscription fees / services shall deem to have been appropriated and user shall not have any right of refund or adjustment of unused subscription fees/services, nor such subscription fees/services shall revive or be reused by the user upon creation of a new account subsequently. User hereby authorizes PC Tracker to appropriate such unused subscription fees.
Any unused services or subscription fees upon the expiry of subscription period of the Services shall deem to have lapsed and user shall not have any right to carry forward any such unused services/fees.
User hereby agrees that the subscription fees payable by user to avail services of a specified Services for a specific duration, and it is upon user to avail or not to avail such services. PC Tracker assumes no responsibility or liability on account of any failure on the part of user in not being able to avail, whether in part or full, the services available under the specified subscribed Services.
User shall be liable to pay any applicable government taxes, cess, fees, bank transfer charges etc for subscribing to PC Tracker paid services.
PC Tracker reserves the right to at anytime discontinue/terminate the services available under any subscribed Services and user shall not have any right to avail or continue to avail any such services available under such Services whatsoever. Any balance services/subscription fees available on the discontinued/terminated Services shall be adjusted by PC Tracker against any one of the available Services, as per the choice of user, subject to terms and conditions of such Services.
General Terms and Conditions of Use :
User shall not allow any Third Party to assess or use USER’S ACCOUNT
The User shall not resell or assign rights or obligations to any third party whatsoever.
The User shall comply with all applicable laws in specific law relation to Information Technology Act, 2000 and as amended in 2008 and all and any regulations framed there under.
The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
The User shall not violate, or attempt to violate the security of Website and/or any links to website or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
Termination of Services :
PC Tracker may terminate user account forthwith and suspend access of any services to the user without any reason whatsoever, in the event of : -
- Maturity of the subscription period
- Where PC Tracker receives any order from statutory authority or court of law to terminate services to User
- Where it is so desired in the public interest to terminate services of user
Discontinuance of Service :
PC Tracker reserves the unilateral right to add to /and/or change and/or delete and/or end or prematurely withdraw its Service or any part thereof at anytime with or without notice to the User for any reason including on account of business exigencies and/or regulatory or statutory changes.
There shall be no liability on behalf of the PC Tracker to the User, TERGET or any third party in case PC Tracker exercises its unilateral right to modify or discontinue the Service.
All notices and communication to PC Tracker shall be made in English Language and must be addressed to PC Tracker at its contract address as provided on PC Tracker WEBSITE. User must mention his complete and correct Legal, Postal Address and Contact Details in order to enable PC Tracker to process the communication. Any communication not in accordance as aforesaid will not be considered and shall be treated as SPAM.
Cumulative Right :
Governing LAW :
The validity, construction and performance of this Agreement shall be governed by Laws of [ India ]
Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts at Judicature AT UNION OF INDIA to which the parties to this Agreement hereby exclusively and unequivocally submit.
Entire Agreement :
This Agreement shall constitute the complete and exclusive agreement between User, Target and PC Tracker with respect to the use of PC Tracker SERVICES, superseding any prior agreements, documents and or communications regarding the same.
All TARGETS AND THIRD PARTY who have consented to be monitored by PC Tracker or those TARGETS OR THIRD PARTIES WHO have not granted such consent, but after having gather knowledge of use of PC Tracker on their devices have failed to report such misuse within (24) hours from such knowledge to PC Tracker, shall be deem construed to have consented to the use of PC Tracker and SHALL be bound by the TERMS OF THIS AGREEMENT.