1. Terms of Service
By downloading, browsing, accessing or using this mobile application (“Mobile Application”), You agree to be bound by these Terms of Service. TraceLink, Inc. (“TraceLink”) reserves the right to amend these terms and conditions at any time. If You disagree with any of these Terms of Service, You must immediately discontinue Your access to the Mobile Application, and Your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms of Service, as may be amended from time to time by TraceLink.
In these Terms of Service the following capitalized terms shall have the following meanings, except where the context otherwise requires:
"Account" means an account created by a User on the Mobile Application as part of Registration.
"Register" means to create an Account on the Mobile Application and "Registration" means the act of creating such an Account.
"Services" means all the services provided by TraceLink via the Mobile Application to Users, and "Service" means any one of them.
"Users" means users of the Mobile Application, including You and "User" means any one of them.
“Us” shall refer to TraceLink.
“We” shall refer to TraceLink.
“You” or “Your” shall refer to Users of the Mobile Application as applicable.
3. General Issues About the Mobile Application and the Services
3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application are subject to these Terms of Service.
3.2 Prevention on use: We reserve the right to prevent You using the Mobile Application and the Service (or any part of them).
3.3 Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services. To use the Mobile Application or Services, You will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with Your respective mobile network provider ("Mobile Provider") will continue to apply when using the Mobile Application. As a result, You may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3.4 Permission to use Mobile Application: If You are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, You will be assumed to have received permission from the bill payer for using the Mobile Application.
3.5 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, You represent that You are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant Us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
4. Location Alerts and Notifications
4.1 You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application if You have turned on locational services on Your mobile telephone or other handheld devices (as the case may be).
5. Your Obligations
5.1 Accurate information: You warrant that all information provided on Registration and contained as part of Your Account is true, complete and accurate and that You will promptly inform us of any changes to such information by updating the information in Your Account.
5.2 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, You undertake not to use or permit anyone else to use the Services or Mobile Application:
5.2.1 to send or receive any material which is not civil or tasteful;
5.2.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
5.2.3 to send or receive any material for which You have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
5.2.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
5.2.5 to cause annoyance, inconvenience or needless anxiety;
5.2.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
5.2.7 for a purpose other than which We have designed them or intended them to be used;
5.2.8 for any fraudulent purpose;
5.2.9 other than in conformance with accepted Internet practices and practices of any connected networks;
5.2.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
5.2.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
5.3 Prohibitions in relation to usage of Services, Mobile Application: Without limitation, You further undertake not to or permit anyone else to:
5.3.1 resell the Services or Mobile Application;
5.3.2 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
5.3.3 attempt to circumvent our security or network including to access data not intended for You, log into a server or account You are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
5.3.4 execute any form of network monitoring which will intercept data not intended for You;
5.3.5 enter into fraudulent interactions or transactions with (including interacting or transacting purportedly on behalf of a third party where You have no authority to bind that third party or You are pretending to be a third party);
5.3.6 extract data from or hack into the Mobile Application;
5.3.7 use the Services or Mobile Application in breach of these Terms of Service;
5.3.8 engage in any unlawful activity in connection with the use of the Mobile Application or the Services; or
5.3.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or Services.
6. Rules About Use of the Service and the Mobile Application
6.1 We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, We do not guarantee that the Services or the Mobile Application will be free of faults, and We do not accept liability for any such faults, errors or omissions.
6.2 We do not warrant that Your use of the Services or the Mobile Application will be uninterrupted and We do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that We will use commercially reasonable efforts to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.
6.3 We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.
6.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as We reasonably can. For the avoidance of doubt, We reserve the right to withdraw any information or Services from the Mobile Application at any time.
6.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms of Service.
7. Suspension and Termination
7.1 If You use (or anyone other than You, with Your permission uses) the Mobile Application, any Services in contravention of these Terms of Service, We may suspend Your use of the Services and/or Mobile Application.
7.2 If We suspend the Services or Mobile Application, We may refuse to restore the Services or Mobile Application for Your use until We receive an assurance from You, in a form We deem acceptable, that there will be no further breach of the provisions of these Terms of Service.
7.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing TraceLink to disclose the identity or locate anyone in breach of these Terms of Service.
7.4 Without limitation to anything else in this Clause 8, We shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend Your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons We believe to be connected (in whatever manner) to You, if:
7.4.1 You commit any breach of these Terms of Service;
7.4.2 We suspect, on reasonable grounds, that You have, might or will commit a breach of these Terms of Service; or
7.4.3 We suspect, on reasonable grounds, that You may have committed or be committing any fraud against us or any person.
7.5 Our rights under this Clause 8 shall not prejudice any other right or remedy We may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8. Disclaimer and Exclusion of Liability
8.1 The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
8.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE MOBILE APPLICATION AND ITS CONTENTS, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THE MOBILE APPLICATION, WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, NON-INFRINGEMENT OR IMPLIED WARRANTIES FROM COURSE OF DEALING OR USAGE OF TRADE.
8.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
8.4 While We may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, We make no warranties or representations as to its accuracy, timeliness or completeness.
8.5 WE SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTIES HOWSOEVER CAUSED, AND FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM OR IN CONNECTION WITH THE MOBILE APPLICATION AND THE SERVICES OFFERED IN THE MOBILE APPLICATION, YOUR ACCESS TO, USE OF OR INABILITY TO USE THE MOBILE APPLICATION OR THE SERVICES OFFERED IN THE MOBILE APPLICATION, RELIANCE ON OR DOWNLOADING FROM THE MOBILE APPLICATION AND/OR SERVICES, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.6 WE SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE HOWSOEVER AND WHATEVER THE CAUSE THEREOF, FOR ANY INDIRECT, CONSEQUENTIAL, COLLATERAL, SPECIAL OR INCIDENTAL LOSS OR DAMAGE SUFFERED OR INCURRED BY YOU IN CONNECTION WITH THE MOBILE APPLICATION AND THESE TERMS OF SERVICE. FOR THE PURPOSES OF THESE TERMS OF SERVICE, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDES, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, ANTICIPATED SAVINGS OR BUSINESS, LOSS OF DATA OR GOODWILL, LOSS OF USE OR VALUE OF ANY EQUIPMENT INCLUDING SOFTWARE, CLAIMS OF THIRD PARTIES, AND ALL ASSOCIATED AND INCIDENTAL COSTS AND EXPENSES.
8.7 The above exclusions and limitations apply only to the extent permitted by law. None of Your statutory rights as a consumer that cannot be excluded or limited are affected.
8.8 Notwithstanding our efforts to ensure that our system is secure, You acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) Your use of the Services, (b) any other party’s use of the Services using Your user ID, verification PIN and/or any identifier number allocated by TraceLink, and/or (c) Your breach of any of these Terms of Service, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
10. Intellectual Property Rights
10.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to Us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by Us and/or our suppliers, as the case may be.
10.2 Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
10.3 We will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect our rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
11.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
11.2 We reserve the right to amend these Terms of Service from time to time without notice. The revised Terms of Service will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon You.
12. Application Law and Jurisdictions
12.1 The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both You and We agree that the laws of the Commonwealth of Massachusetts, USA, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.
12.2 You accept and agree that both You and We shall submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts, USA in respect of any dispute arising out of and/or in connection with these Terms of Service.
13.1 We may accumulate and aggregate certain anonymous statistical and related data in order to improve the performance and functionality of its Services, to develop new products and/or Services or to analyze the usage of TraceLink’s Services. We may use aggregated anonymous data for such purposes as We, in our sole discretion, deem to be appropriate.