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Terms of Service

 
Notice

Please read this agreement carefully before using www.mtrackerservice.com or MTracker® mobile services (collectively, “MTracker”). By accessing, browsing and/or using MTracker, you acknowledge that you have read, understood, and agree to be bound, by the terms and conditions of use described herein, and all terms, policies, guidelines and conditions incorporated by reference, including any future modifications to this terms of service agreement. If you do not agree to all the terms and conditions of use in this terms of service agreement, please do not use MTracker.

 

Seamfix reserves the right to change or modify any of the terms and conditions contained in this Terms of Service Agreement or any policies or guidelines governing the use of MTracker at any time and in its sole discretion. You agree that such changes and modifications may be made solely by posting the revised Terms of Service Agreement or other policies or guidelines on www.mtrackerservice.com and indicating at the bottom thereof the date it was last updated. You expressly agree to such form of notification of changes and modifications and waive any right to receive individual notice of such changes or modifications. Any changes or modification will be effective immediately upon posting of the revisions on www.mtrackerservice.com. Your continued use of MTracker following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should review this Terms of Service Agreement and any applicable policies or guidelines whenever you access MTracker in order to determine if such terms, policies or guidelines have changed, and to understand the terms and conditions and the policies and guidelines that apply to your use of MTracker.

 

Access to MTracker

Subject to this Terms of Service Agreement, MTracker is offered by Seamfix solely for your own use, and not for the use or benefit of any third party. Seamfix may change, suspend or discontinue MTracker at any time, including the availability of any feature, database, or content. Seamfix may also impose limits on certain features and services or restrict your access to parts or all of MTracker without notice or liability.

You certify to Seamfix that if you are an individual (i.e., not a corporate entity) you are at least 14 years of age to sign up on your own.

If you are at least 14 years of age but under the age of 18, then you agree to review these terms and conditions with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Terms of Service.

Any registration by, use of or access to MTracker by anyone under 14 without parental guidance and consent is unauthorized, unlicensed and in violation of these terms.

The parent or guardian agreeing to this Terms of Service Agreement for the benefit of a child under the above conditions accepts full responsibility for that child’s use of MTracker including all financial charges and legal liability that the minor user may incur. Please remember that MTracker is designed to appeal to a broad audience. Accordingly, the parent or legal guardian is responsible for determining whether access and use of MTracker is appropriate for your child.

You certify that you are legally permitted to access and use MTracker. This Terms of Service Agreement is void where prohibited by law, and the right to use MTracker is revoked in such jurisdictions. Seamfix makes no claim that MTracker may be lawfully viewed or that content may be downloaded outside of Nigeria. Access to content on MTracker may not be legal by certain persons or in certain countries. If you access MTracker from outside Nigeria, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Seamfix will use reasonable efforts to ensure that MTracker is available twenty-four hours a day, seven days a week. However, there will be occasions when MTracker will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Seamfix to minimize such disruption where it is within Seamfix’s reasonable control. You agree that Seamfix will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of MTracker.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to use MTracker including, without limitation, modems, hardware, software, and long distance or local telephone service.

You further acknowledge and agree that the MTracker is designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual.  If you believe your device has been stolen you should seek assistance from your local law enforcement agency.

 

Use of Location-based Services

Seamfix and its partners may provide certain features or services through MTracker that rely upon device-based location information. To provide such features or services, Seamfix may collect, use, transmit, process and maintain your location data, including the real-time geographic location of your device, and you hereby agree and consent to Seamfix’s collection, use, transmission, processing and maintenance of such location data to provide such services. Such information may include, but is not limited to device ID, device type and real-time geographic location of your device at time of your request.

MTracker is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Seamfix nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by MTracker. 

For more information on our Privacy Policy, please visit http://www.mtrackerservice.com/privacy-policy/ .

 
Content

All content of this Internet site is owned or controlled by Seamfix and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes, but no further reproduction or modification of the content is permitted. The products, technology or processes described in this site may be the subject of other intellectual property rights reserved by Seamfix. or other third parties. No license is granted with respect to those intellectual property rights.

The information presented here has been compiled by Seamfix from internal and external sources. Seamfix reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Seamfix grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

The trademarks, service marks and trade names shown in this Internet site are protected in Nigeria and internationally. No use of these may be made without the prior, written authorization of Seamfix. or the third party concerned, except to identify the products or services of the company.

 
Your Use

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Seamfix reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Seamfix server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Seamfix, including any Seamfix account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way MTracker the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Seamfix’s systems or networks, or any systems or networks connected to the Site or to Seamfix.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Seamfix on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Seamfix or others.

 

Accounts, Passwords and Security.

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Seamfix immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Seamfix or any other user of or visitor to the Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. Seamfix cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Privacy
Seamfix’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Seamfix’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

Links to Other Sites and to the Seamfix Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Seamfix’s control, and Seamfix is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites as we will not be liable for any damages arising from such interaction.

 
Warranty Disclaimer

The services, content, website and any software are provided on an “as is” basis, with all faults, defects and errors, and without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Seamfix makes no representations or warranties of any kind with respect to the website, the services, and the software, including any representation or warranty that the use of the website, services, or the software will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, or (c) be free from bugs, viruses, errors or other harmful components, or that defects will be corrected.

To the fullest extent allowed by law, Seamfix disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on MTracker.

MTracker provides personal, location-based services for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or MTracker could lead directly to death, personal injury, or severe physical or property damage. MTracker is not suited or intended for family/friend-finding purposes, fleet tracking, or any other type of location tracking-related use.

Seamfix reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Indemnity
You agree to indemnify and hold Seamfix, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Seamfix by any third party due to or arising out of or in connection with your use of the Site.

 

Violation of These Terms of Use

Seamfix may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Seamfix’s rights or property, or the rights or property of visitors to or users of the Site, including Seamfix’s customers. Seamfix reserves the right at all times to disclose any information that Seamfix deems necessary to comply with any applicable law, regulation, legal process or governmental request. Seamfix also may disclose your information when Seamfix determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Seamfix may preserve any transmittal or communication by you with Seamfix through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Seamfix determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Seamfix, its employees, users of or visitors to the Site, and the public.

You agree that Seamfix may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Seamfix, for which monetary damages would be inadequate, and you consent to Seamfix obtaining any injunctive or equitable relief that Seamfix deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Seamfix may have at law or in equity.

You agree that Seamfix may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Seamfix does take any legal action against you as a result of your violation of these Terms of Use, Seamfix will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Seamfix. You agree that Seamfix will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 
Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Nigeria and by the laws of Lagos State without regard to its conflicts of laws provisions.

 
Void Where Prohibited

Seamfix administers and operates www.mtrackerservice.com. Although the Site and mobile application is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Nigeria. Seamfix reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void MTracker prohibited. If you choose to access the Site from outside Nigeria, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 
Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Seamfix shall be free to use such information on an unrestricted basis.

 
Last updated: July 2011