Description of the Service
Trax provides the Services for internet browser applications via which users can define one or more ‘Venues’ to which information can be submitted, and by which that information can duly be sumitted. All use of the Service is subject to these Terms. The Services are made freely available to those ‘submitting’ details, and the charges applicable to those defining ‘Venues’ shall be as agreed upon subscription.
Acceptance of Terms
Access to the Service
Privacy of Information Submitted
When making a submission to a “Venue” (by “Checking In”), you are agreeing that your information will be held and used as per the disclaimer on the page at that time. All specific limitations as to privacy will be made clearly visible prior to your agreement. Information is held securely on this basis and only made available to the “Venue” owner for the specified period agreed and on the basis agreed. Trax accepts no responsibility for the conduct of individual “Venue” administrators once they have retrieved the information in accordance with our policies.
We do not use any tracking “Cookies” or monitoring systems, however a series of “Cookies” will be set when you log in to the service (for instance as “Venue” provider). Only “Cookies” which are essential to the operation of the system will ever be used.
Third Party Sites and Services
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Trax’s control, and you acknowledge that Trax is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Trax or any association with its operators. You further acknowledge and agree that Trax shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
The service is provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. except as expressly provided herein and to the fullest extent permitted by applicable law, Trax expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party intellectual property right. Trax makes no warranty that the service will be uninterrupted, timely, secure or error free. Trax, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. your use of the site, service, content and add-to link is solely at your own risk. some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
You shall defend, indemnify, and hold harmless Trax, its affiliates and each of its, and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Trax). Trax reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Trax in asserting any available defenses.
Limitation of Liability
To the fullest extent permitted under law, Trax will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to the services, even if Trax has been advised of the possibility of such damages. Nothing in these terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, Trax’s liability will be limited to the fullest extent permitted by applicable law.
Rules and Conduct
Responsibility for Contents
The sole responsibility for the content published and transmitted in the App or on the Site lies with the person or persons publishing the same. All such content shall comply with legal and statutory requirements and in accordance with the requirements of decorum and objectivity. If any publications breach the above-mentioned regulations, Trax shall be authorised to delete the same immediately.
Integration and Severability
Copyrighted Material, Application and Trademark Information
Trax’s product names, service names, slogans or logos referenced on Trax’s websites (including the Site) and/or in the App are trademarks or registered trademarks of Trax. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners. All of the information, content, and materials offered by Trax are protected by copyright and other applicable laws of Jersey and/or of the United Kingdom and other countries. Drivers may not copy, publicly display, modify or distribute such material without Trax’s or the copyright owner’s prior written consent. The Application is protected by copyright, trademark and other laws of Jersey and of the United Kingdom and other countries.
Relationship of the Parties
Trax and you are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.
If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
Trax reserves the right to change these Terms from time to time. Please refer to the Site periodically for any changes. By continuing to access or use the Service after Trax makes any such changes, the User agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at https://trax.je.
This agreement shall constitute the complete and exclusive agreement between Trax and the User. The use of the App is expressly made conditional on the User’s consent to these Terms.
The failure of Trax to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Neither party shall be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.
You may contact Trax by email at firstname.lastname@example.org and by post at Codentia Limited (Office 7, Forum 4, St Helier Jersey JE2 4UF).