Date Last Revised: 24 May 2015
1. Accepting the Terms
By using the information, tools, features and functionality in U Safe Tracker application (together the "Service"), you agree to be bound by this Agreement. The term "you" or "User" refers to Member. If you register as a member and make use of the Service, you are automatically agree to be bound by this agreement. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with HomeSoft. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
2. Description of the Service
The Service is an Electronic Tracking Service for tracking members’ location and ensure members’ safety. Our service will assist in enhancing members’ safety and security by allowing others to track their location or reporting location in repeated interval. Besides, members can send emergency message when in danger. We had developed the service so that tracking service is possible at any time and any places.
3. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information". By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify HomeSoft immediately at the email address – firstname.lastname@example.org.
4. Your Use of the Service
Your right to access and use U Safe Tracker application and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use U Safe Tracker for lawful purposes. Accurate records enable HomeSoft to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of U Safe Tracker may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Service or other actions that HomeSoft, in its sole discretion, may elect to take.
Under this license you may not:
5. Rights You Grant to Us
As the owner of any information, data, passwords, usernames, other log-in information, materials or other content (collectively, "Accounts Content") you provide to us through the Service, you are licensing the Accounts Content to HomeSoft solely for the purpose of providing the Service. HomeSoft may use such Accounts Content, but only to provide the Service to you. By submitting Accounts Content, you represent that you are entitled to submit it to HomeSoft for use for this purpose, without any obligation by HomeSoft to pay any fees or other limitations.
6. HomeSoft's Intellectual Property Rights
The contents of U Safe Tracker application and web site, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both Malaysia and other applicable copyright, trademark and other laws. The contents of U Safe Tracker and web site belong or are licensed to HomeSoft or its software or content suppliers. Contents which are open source remain and bound by the open source license. HomeSoft grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided on U Safe Tracker application and web site for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from U Safe Tracker application and web site in whole or in part for any other purpose is expressly prohibited without our prior written consent.
7. Access and Interference
You agree that you will not:
8. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH U SAFET RACKER APPLICATION OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. HOMESOFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. HOMESOFT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. HOMESOFT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
9. Limitations on HomeSoft's Liability
HOMESOFT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF HOMESOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, HOMESOFT LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE $0.00, THAT IS NO CHARGE APPLIED.
10. Your Indemnification of HomeSoft
You shall defend, indemnify and hold harmless HomeSoft and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
11. Ending your relationship with HomeSoft
This Agreement will continue to apply until terminated by HomeSoft as set out below.
HomeSoft may at any time, terminate its legal agreement with you:
HomeSoft may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on the U Safe Tracker web site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
13. Governing Law
Any claim relating to the Service shall be governed by the laws of Malaysia without regard to its conflict of law provisions.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if HomeSoft does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which HomeSoft has the benefit of under any applicable law), this will not be taken to be a formal waiver of HomeSoft's rights and that those rights or remedies will still be available to HomeSoft. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and HomeSoft regarding the subject matter of the same, and supersedes all other previous agreements.