Terms of Service

Terms of Service

Introduction

These Terms of Service are an agreement between you (the visitors, customers and/or users) and us (tracky24.com) that defines the Terms of Service (Terms) under which you may use any or all of the websites, applications, APIs, products or services (Services) owned and operated by us.

Agreement and Revision

The use of any of our Services will signify your agreement to be bound by these Terms of Service. If you do not agree to these Terms, you must not use any of our Services. We reserve the right to revise these Terms of Service at any time. You will be informed of any such revised Terms by electronic mail or by the publication of the revised Terms on our website. Your continued use of our Services following the posting of any revised Terms will signify acceptance of these revised Terms. We reserve the right, at our sole discretion, to determine if you have violated the Terms of Service, and to take any reasonable action we deem appropriate. You agree that we have the right to terminate your access to our Services for any violations of any of these Terms.

Eligibility and Requirements

You may only use our Service if you are over the age of 18. You cannot access or use our Services if you are barred from using such services under applicable law or have previously been suspended or removed from access to our Services. Full use of our Services is dependent upon your use of a hand-held device and/or a computer with adequate hardware, appropriate software and Internet access. The specification, maintenance and security of this equipment may influence the performance of our Services and it is your responsibility to ensure your equipment's suitability.

Use and Conduct

Our Services are made available for your personal and commercial use, as defined by your entitlement (or otherwise) to access the various Service offerings available. Your use of these Services is defined by these Terms of Service. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content, software, products or services. You agree that you will not:

  1. use our Services to engage in any unlawful purpose;
  2. upload, post, email, transmit, or otherwise make available any content that Is unlawful, harmful, threatening, abusive, harassing, tortuous, libellous, invasive of another's privacy, vulgar, obscene, defamatory or hateful;
  3. upload, post, email, transmit, or otherwise make available any content that contains viruses, Trojans, worms or other malicious code or links designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  4. infringe any patent, trademark, trade secret, copyright, or other intellectual property right of another party;
  5. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of content for the purpose of solicitation;
  6. transmit any forged or manipulated information that disguises the true origin of any content you provide;
  7. impersonate any another person or entity, or falsely state or otherwise misrepresent your affiliation with any other person or entity;
  8. collect or store personal data about other users in connection with any prohibited conduct and activities;
  9. use our Services in any manner that could damage, disable, overburden, or impair any of our servers, or network connections or interfere with any other party's use and enjoyment of our Services;
  10. attempt to gain unauthorized access to any of our or our users' content, accounts, computer systems, or networks through hacking, password mining, scraping, or by any other means to obtain any materials or information not intentionally made available to you;
  11. violate any applicable local, state, national or international law;
  12. provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any terrorist or criminal organization.
You may, while using our Services, have the opportunity to submit user-generated content that may be available to other users; you understand and agree that we:
  1. are not responsible for the content of user submissions;
  2. have no obligation to display or remove any user-submitted content;
  3. have sole discretion to determine whether any user-submitted content violates our Terms;
  4. have sole discretion to determine whether any action is taken, based on that determination.
If you submit content or information to a Service that makes your content available to other users, you represent that:
  1. your content in not prohibited by these Terms;
  2. you are solely responsible for the form, content, and accuracy of any material you submit;
  3. you have the necessary rights and/or permissions to provide the content;
  4. you are granting us a royalty-free, perpetual, irrevocable, non-exclusive license (including a waiver of any moral rights) to use, reproduce, modify, adapt, translate, publish, display, and redistribute your content (in whole or in part) worldwide, and to incorporate your content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.

Registration and Privacy

Full use of our Services requires that you create an account by providing us with information such as your name and email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. To allow use of our Services, you agree to:

  1. provide true, accurate, current and complete information about yourself as prompted by the Registration Process;
  2. maintain and promptly update your Registration data to keep it true, accurate, current, and complete.
Our policies regarding the privacy and security of your personal information are set out in our Privacy Notice currently in force, and you agree that you have read, understood and agreed this statement. Our Services may include communications from us, such as service announcements, administrative messages, newsletters and other messages. You agree that these communications shall be considered part of using our Services, subject to our privacy policies currently in force.

Intellectual Property Rights

All of our content within our Services, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other materials are our intellectual property. None of these materials may be copied, reproduced, or distributed in any form without our prior written permission.

Third-Party Content and Links

We may display content provided by third parties and/or links to third-party web pages, including advertisements and solicitations to purchase their products or services. You agree that we are not responsible for the third-party content. You also agree that we are not responsible or liable for any losses or damages you may experience with any third-party content that you chose to rely upon or any advertisements to which you respond.

Use of Services

Our Services are designed to be used only in a lawful and appropriate manner, and we will not be held responsible for illegal or inappropriate use of our Services. Location tracking of individuals without their knowledge may be prohibited in some jurisdictions under certain conditions, and our Services may not to be used in violation any applicable local, state, national or international laws. You agree to use discretion and caution when using our Services and not to make any use of our Services that might put you or other persons at risk.

Sites Disclaimers

You assumes the entire risk as to the quality of any information that forms part of our Services. We will use reasonable efforts to ensure our Services are secure, and all information is up-to-date and accurate. Despite these efforts, information associated with our Services may contain inaccuracies or errors. All information is provided "as-is" without warranty of any kind, either express or implied. Information may be changed or updated without notice. We reserve the right to make changes, deletions, corrections and/or improvements, at any time without any notice. We shall not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use our Services or any errors or omissions in the information associated with our Services.

No Warranty

Our Services are provided for your convenience; any information provided is subject to change without notice. We do not represent or warrant the accuracy, content, completeness, legality, reliability, operability, or availability of any information or material provided by us. All our Services are provided "as is," with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. We disclaim any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of our Services, including any information or advice obtained through our Services. We do not warrant that our Services will operate error-free, or that our Services are free of computer viruses or other harmful mechanisms. You agree that you download or otherwise obtain material or data through the use of our Services at your own discretion and risk, and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. If your use of our Services results in the need for servicing or replacement of equipment or data, we are not responsible for those costs. Additionally, we make no claim that any of our Services can be lawfully used in your jurisdiction. Access to or use of portions of our Services may not be legal in all locales, for all persons or in all circumstances. You agree that you access our Services at your own risk and are responsible for compliance with the laws of your jurisdiction.

Limitation of Liability

Under no circumstances are we liable to you for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages whether or not foreseen, lost profits, or damages resulting from lost data or business interruption) on account of your use, misuse, or reliance on our Services. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this agreement or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if we have been advised of the possibility of such damages). This limitation applies to your use, misuse, or reliance upon our Services, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to our Services.

General Provisions

These Terms and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of England. If for any reason, a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning. These Terms of Service constitute the entire agreement between you and us with respect to our Services, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.