Last Updated : 15th August,2020
This Terms and Conditions Agreement (the “Agreement”) sets forth the legally binding terms and conditions for your use of ChildTrack Mobile Application or website, software applications, any other products and services (collectively, the “Services”). The terms, “we” and “our” as used in this Agreement refer to ChildTrack . By using the Services, you (the “User”) agree to and accept the terms of this Agreement, if you do not agree to or accept the terms of this Agreement, you should immediately cease using the Services.
Ensource Digital World FZ LLC (“we,” “us,” “our,” “ChildTrack ” etc.) owns and operates ChildTrack.app web site and related mobile applications (collectively, our “Site”), on which we provide a Services through mobile application or software that enable parents or guardians (“you,” “your,” “parent,” “guardian” etc.) to track the movements and activities of their child or children (collectively Users shall include “parent,” guardian,” “child,” “children”). The Service is further described herein as well as on other pages of the Site. Your use of the Service is subject to the terms and conditions set forth in this Agreement – Terms of Service (this “Agreement” or these “Terms”). These Terms govern your use of the Service whether or not you are a registered user.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME, WITHOUT ANY NOTICE ON THE SITE. YOUR CONTINUED USE OF OUR SERVICE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.
These Terms shall be interpreted in accordance with the laws of the United Arab Emirates without reference to conflict of law principles. With respect to specific transactions between or among certain users, the laws of other jurisdictions may apply. These Terms contain the entire understanding between you and us regarding the subject matter hereof, and supersede all prior and agreements and understandings. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. This Agreement may be assigned by us to any third party, but you may not assign this Agreement or any of your rights or obligations hereunder without our express, written consent. If any provision hereof is found to be invalid or unenforceable, such provision shall be recast to the extent required making it valid and enforceable and the other provisions hereof shall be unaffected thereby.
We hereby grant you a personal, non-exclusive, revocable license to download and install our Service on your device, subject to the Terms of this Agreement. You may not:
We offer two versions of the application – one for children, ChildTrack Lite, and one for the parents, ChildTrack.
ChildTrack is parent’s application from which they can monitor their children or the one who they are legal guardians of. It is an application that lets parents view and manage their child’s food usage, location, digital wallet, pre-order meal & do much more. ChildTrack can be only accessed via mobile that can be installed on any mobile device.
ChildTrack does not collect any information or log data from the mobile device from which it is being used except for the user’s personal information including the name, email address, phone number & location data which the user has consented being logged. ChildTrack does not collect information like call history, contacts, browser history, and installed apps using this version of the app. If you think we have unwittingly collected information like call history, contacts, browser history, and installed apps from ChildTrack users, please notify immediately on support@childtrack.app
To use ChildTrack; You warrant that you are 18 years of age or older or any other person for whom you are not the legal guardian; You will not use the Site or Service in violation of any Federal, State or local law, rule, ordinance or governmental regulation; You will only use the Site and Service to monitor the child’s activities and location of children for whom you are the legal guardian; You will properly follow all instructions and documentation provided by ChildTrack to you; You will not allow any other person to access the information that the Site and Service collect from the mobile devices on which the Software is installed; and, You will only install the application in mobile devices for which you are the authorized owner.
Each parent needs to have a separate installation & register separately. Same child can be added on multiple parent profiles for monitoring & each application behaves in similar manner.
ChildTrack Lite, on the other hand, resides on the child’s mobile device or tracking device and pulls data (only location details) from the device and makes it accessible to the ChildTrack application. ChildTrack Lite also lets the child to send current location at any time to parent(s) as SOS Signal in case of emergency. ChildTrack Lite needs to be installed on child’s mobile device in order to log information and device data and make it accessible to ChildTrack. ChildTrack Lite also helps child to know details about parent for online ordering of food in their school canteen using parent’s wallet. ChildTrack Lite can only be used by logging into the app and children cannot use it from the Web.
You may not create or use an account on the Service for anyone other than yourself and your family. You may not let others use your account and you may not share your login information with others. You must keep your contact and personal profile information accurate and current. We will only disclose your identity to third parties in accordance with our Privacy Policy. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, special characters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the Settings in the Site. By providing us with your email address & mobile number you consent to our using the email address or mobile number to send you Service-related notices, or other information like new features, promotions etc. including any notices required by law, in lieu of communication by postal mail. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from us by sending email at support@childtrack.app. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
We do not communicate with or sell products or services to children. Children under the age of 15 may not submit personal information to ChildTrack without the consent of their parents. As mentioned, we do not share your or your child’s personal information with any third party. You hereby warrant that:
You are solely responsible for all media and content you upload to the Site, including without limitation ensuring the veracity thereof and obtaining the legal permission to so disclose such content. Your uploading of all such content must be in compliance with applicable law and all applicable provisions hereof. Such content shall not be hateful, threatening, obscene, unprofessional, or posted for purposes other than in furtherance of the Service. We may refuse Service to you for any lawful reason or for no reason.
You agree to use our Service responsibly, with good judgment, and in a manner conforming at minimum to prevailing standards for Internet and business etiquette. For example and without limitation, while using the Service you shall not:
Furthermore, you may not use the Site or Service to develop, generate, transmit or store information that:
We respect your privacy during your use of our Service. Use of the Service is governed by our Privacy Policy.
We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. For details please read our Privacy Policy.
"Cookies" are small bits of electronic information that a website sends to a visitor's browser and are stored on the visitor's hard drive. Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient.
Our Service is intended for persons having the legal capacity to be bound by these Terms, or acting with the express or implied consent of their parent or legal guardian. By using our Service, you represent and warrant that (i) you are over 18 years of age; and, (ii) that you have the right, authority, and capacity to accept these Terms and abide by all of the terms and conditions set forth herein. Children younger than 18 years of age may not register as a parent profile or account and use the Service under any circumstances. In addition, you may not use the Service to track the whereabouts or activities of any child younger than 15 years of age without first giving your written consent. You agree and warrant that you will not use ChildTrack to monitor your children of 18 years and above.
In order to use the Service, you must register an account. In order to register, you must be at least 18 years of age. During registration, you will be asked to provide certain personal information, including your email address & mobile number. In addition, you will be asked to provide certain personal information about your child, including his or her name, date of birth and gender, etc. You must provide full and accurate information. You may only supply personal information of children in your legal custody. By registering an account you consent to our use and storage of your personal information and automatically collected information, as governed by our Privacy Policy.
In accordance with the Child Online Protection Act, by registering an account for a child under the age of 15, you agree, consent, and authorize our collection, use, and disclosure of the child’s personal information in accordance with these Terms and the Privacy Policy.
By registering an account, you warrant that: you are the parent or legal guardian of the child that is the subject of your account; you have the authority of the parent or legal guardian of the child to register the account for that child; or you have the authority of the person that is the subject of the account if that person is not a minor. By registering an account with ChildTrack, you agree that you will not use our Service to collect information and track location data of your child over 18 years.
We offer a trial account for 30 days for every new user which will be converted to paid account & both accounts will cover complete features, full functionality and premium customer support. By signing up for ChildTrack and providing ChildTrack with your payment account information, you hereby agree to these payment terms and conditions. If any fee is not paid in a timely manner, we reserve the right to revoke access to your ChildTrack account and use of the Services. At the end of Free Trial, the account will be locked or cancelled & WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS caused to you due to cancellation of the account. If you have questions or problems, you can contact us at sales@childtrack.app
You may cancel your ChildTrack account at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon cancelling your ChildTrack account, your subscription will be valid until your paid period is completed. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
ChildTrack offers various promotions from time to time and these promotions can be availed by entering the relevant
coupon code at the time of check out.
THERE SHALL BE NO FREE TRIAL WHEN THE CHILDTRACK SUBSCRIPTION IS PURCHASED USING THESE PROMOTIONS AND DISCOUNT COUPONS.
By submitting any content to our Site, you represent and warrant to us that such content is true and correct in all respects, that you have the right to so submit such content, and that our use of your content as described on the Site will not infringe or violate the rights of any third party, including without limitation any intellectual property rights and rights of privacy. You will indemnify us for any breach of this warranty. Unless otherwise specified in any other document pertaining to specific content, you will continue to own all content you submit to our Site. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you hereby do and will grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights in and to your content, in any media now known or not currently known, in any manner incident to our operation of the Service as it pertains to your content. However, you acknowledge that any questions, comments, ideas, suggestions, or other feedback you provide us are not confidential and shall become our sole property. We do not claim ownership of any materials you make available through the Site. At our sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant the license specified in this Section. While the User Content you create remains yours by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. We have the right (but not the obligation) in our sole discretion to remove any User Content that is shared via the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You agree that we shall not be liable for any damages you allege to incur as a result of User Content.
You are solely responsible for your interactions with other users of our Site or with the children you are monitoring. We reserve the right, but have no obligation, to monitor interactions between you and other users. You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and ChildTrack will attempt in good faith to negotiate a written resolution of the matter directly between the parties. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them. The Personal Information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to Personal Information to ChildTrack employees who need to know this information in order to develop, operate and maintain the ChildTrack Service. All ChildTrack personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the ChildTrack Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.
You will select a password when completing the registration process. You are solely responsible for maintaining the confidentiality of your password, and are solely responsible for all activities that occur under your password. You agree to notify us immediately of any unauthorized use of your password or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect the security of your password. We make no warranties as to the accuracy of the identity of any user. You acknowledge and agree that we are authorized to act on instructions received through use of your password, and that we may, but are not obligated to, deny access or block any transaction made through use of your credentials without prior notice if we believe your password is being used by someone other than you, or for any other reason.
You agree that we, in our sole discretion, may terminate your access to our Service for any reason or no reason, including without limitation your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts, and bar any further access to such files or our Service. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to our Service. Your account will continue to be in effect and you will continue to be billed in the manner previously specified, if you have selected a paid subscription service, with each renewal period until and unless you cancel your account. To voluntarily terminate your access to the Service at any time, you may cancel your account on your account page, or by emailing us at sales@childtrack.app
Please allow 30 days for termination to take effect. Your account with us, and this Agreement, shall automatically renew on a periodic basis unless earlier terminated in accordance herewith. If you choose to terminate your account with us, you will not receive a refund for the most recently charged fees.
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service. We have the right to:
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
We may provide assistance and guidance through our representatives. When communicating with our representatives, you may not be abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Service.
In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users on certain IP addresses from accessing our Site.
By registering for and using the Service, you accept that ChildTrack reserves the right to send you advertisements and offers for other ChildTrack products and services via in-app messaging, text message and the email address you provide. To opt-out of all further contact initiated by us email at any time at support@childtrack.app
The Site may contain links to third party websites and resources. Such sites and resources are not under our control and we shall not be responsible for the contents or functions thereof. We provide such links as a convenience, and the inclusion of any link does not imply endorsement by us or any association with its operators.
You agree that all content and materials available on our Site are protected by our and the applicable third parties’ rights of publicity, copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; and (b) your use of our Service will not violate any of these Terms. You further represent and warrant that: you are the parent or legal guardian of the child that is the subject of your account; you have the authority of the parent or legal guardian of the child to register the account for that child; or you have the authority of the person that is the subject of the account if that person is not a minor.
YOU AGREE THAT: A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE IS NOT A SUBSTITUTE FOR OVERSIGHT AND SUPERVISION BY THE MINOR’S PARENTS OR LEGAL GUARDIANS AND SHOULD NOT BE CONSTRUED AS A PREVENTATIVE MEASURE IN ANY MANNER. B. WE EXPRESSLY DO NOT WARRANT THAT, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES THAT: (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. C. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S PROPERTY RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR THE SERVICE. D. NO DATA, INFORMATION, OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING OUR SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY PROFFESSIONALS, CONSUMERS, SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, (E) THE ACCURACY OF ANY INFORMATION PRESENTED ON THE SITE REGARDING THE LOCATION OR ACTIVITIES OF OTHERS; (F) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE, THE SITE, OR THESE TERMS; OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, THE INABILITY TO PROCURE SUPPLIES OR MATERIALS, JUDICIAL DELAYS, PERFORMANCE DEFECTS, OR THE CURE THEREOF. C. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE HAVE NO CONTROL OVER THE BEHAVIOR OF ANY OTHER USER OF THE SITE, AND WE HEREBY DISCLAIM ALL WARRANTIES AND LIABILITIES RESPECTING THE CONDUCT OTHER USERS. D. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU. E. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICE, OR ANY VENUES, PERSONS, OR ENTITIES, YOU MAY INTERACT WITH ARISING FROM YOUR USE OF THE SERVICE, OR ANY BUSINESS TRANSACTIONS INTO WHICH YOU MAY ENTER OR CONSUMMATE WITH THEM.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If you have any questions about these Terms, please contact us at sales@childtrack.app or call us on the contact numbers given on the website.
