“us”, “we”, “Tracerr” means IDIFY SOLUTIONS LLP (………………………..), the owner and operator of the www.tracerr.com website to be found at http://www.tracerr.com, and the holder of IP rights therein.
For the purpose of this document, “Services” include, but is not limited to, the following, either collectively or individually:
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:
If you do not meet any or all of these criteria, you are not permitted to use the Services.
For the purpose of this document, the users of the Services are defined as follows:
“free user” means a user of the Services who has not completed the registration process (“Registration”) as outlined below and therefore is considered to be an “unregistered user”
“subscriber” means a user of the Services who has completed the registration process (“Registration”) as outlined below, has received written confirmation from us that said registration request has been accepted, and a user account number has been issued to the registrant. “subscriber” also means “registered user”.
“current subscriber” means a subscriber who currently has full and open access to the features of the Services not made available to free users by virtue of a subscription payment having been successfully made on a past date by the subscriber and authorization for such access having been granted by us, in writing.
“expired subscriber” means a subscriber whose access to the features of the Services not made available to free users has been suspended subsequent to registration for no reason other than a payment has not been received from that subscriber to extend (renew) the access rights to those Services features beyond the previously advised date of expiry of their last subscription period, or the date of their initial Registration, whichever is the more recent of the two.
While some features of the Services are available to unregistered users, for broader access to the Services you must register with us by creating a user account. During registration, you are required to provide a valid email address and accurate, complete, and current information in all required fields. Should any of your own information change after submitting it to us, you are required to update that information as soon as possible. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account without notice and refuse any and all current or future use of the Services or any portion thereof.
You are solely responsible for the activity that occurs on your subscriber account, and for keeping your account secure. To this end you agree to:
You must notify us immediately of any breach of security or other unauthorized use of your Account. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
Some features of the Services require the payment of a fee. If you elect to avail yourself of these features, you shall pay all fees applicable to the subscription period that you choose. We reserve the right to change the payment terms and fees at our sole discretion, provided that any such change shall become effective at the end of the then‐current term of your subscription.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us.
By agreeing to these terms, you authorize us to make any reasonable and necessary inquiries to validate your account and financial information.
You may cancel your subscriber account, for any or no reason, at any time, with written notice to us, such notice taking effect upon us processing your written notice. The act of cancellation will result in you no longer having access to your subscriber account and may also, at our sole discretion, result in the forfeiture and deletion of all information and data that we hold associated with you and/or your subscriber account, including the items created during your prior use of the Services. We accept no liability for the deletion of such information, data or items.
You may request a refund of the unexpired portion of your current subscription payment at any time, with written notice to us, provided:
If all of these criteria are met, a refund will be issued within 3 working days of receiving the refund request from you. Refunds will be only be made back to the payment method used for the original subscription payment against which the refund is being made.
You agree that we may, at our sole discretion, temporarily or permanently terminate, suspend or limit your access to all or part of the Services with or without notice in response to any violation or breach of the above provisions.
Depending on the seriousness, scope, severity, or duration of the violation or breach, the degree of detriment to other users, and our past interactions with the user identified as being responsible for of the violation or breach, such remedies may include, individually or severally, and at our sole discretion:
You agree that we shall not be held liable to you or to any third party, in whole or in part, with respect to loss of use, loss of profit, loss of revenue, loss of goodwill, loss of data, cost of procurement of substitute goods or services, or any other intangible losses or costs to you or any third person arising from the actions we take in responding to a violation or breach of our Rules Of Conduct.
We maintain a policy of fair and acceptable usage at all times that is intended to ensure that our services aren’t used in a manner that:
Our Fair Use Policy applies to all users of the Services and breaches of this Policy may result in limitations being placed on service features otherwise described as “unlimited”.
You should carefully read our full Fair Use Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference. If you do not agree to any or all of the terms of the Fair Use Policy, you are not permitted to use the Services.
The full text of our Fair Use Policy is available at http://www.tracerr.com/fairusepolicy
For as long as Tracerr continues to offer the Services, we shall provide and seek to update, improve and expand the Services. As a result, we allow you to access the Services as they may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, for you or for all users at our sole discretion. All of these changes shall be effective upon their posting on our website or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content made available to us as part of your use of the Services, with or without notice, if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
We reserve the right, at our sole discretion, to impose, revise, change or modify, temporarily or permanently, limits on certain features of the Services, at any time without notice other than posting such imposition, revision, change or modification to a particular Service feature limit on the website. Subject to our “Rules Of Conduct” and “Fair Use” provisions, such limits shall become effective immediately for Free Users and Expired Subscribers, or at the end of the then‐current term of subscription for Current Subscribers.
The following specific Service limitations and limitation provisions only apply to QR codes containing one of our bit.ly short URL’s:
Please Note: QR codes that do not contain one of our bit.ly are not subject to any scan limits.
You agree that we shall not be held liable to you or to any third party, in whole or in part, with respect to loss of use, loss of profit, loss of revenue, loss of goodwill, loss of data, cost of procurement of substitute goods or services, or any other intangible losses or costs to you or any third person arising from the Service limitations and limitation provisions outlined above and as set from time to time.
By using the Service, you hereby acknowledge and agree that TracerR reserves the right to purge Inactive Items including inactive QR codes, inactive short URL’s and inactive subscriber accounts as part of its general housekeeping procedures in order to improve the efficiency and performance of the Services.
This will result in the permanent removal of the Inactive Item and all related content and data related to it as the result of the use of the Services, or co‐incidental to the use of the Services. Inactive Items are defined as follows:
You agree that we shall not be held liable to you or to any third party, in whole or in part, with respect to loss of use, loss of profit, loss of revenue, loss of goodwill, loss of data, cost of procurement of substitute goods or services, or any other intangible losses or costs to you or any third person arising from the removal of said Inactive Items during the ordinary course of business.
Tracerr gives you a personal, worldwide, non‐assignable and non‐exclusive license to the use of the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Tracerr website, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be held liable to you or to any third party, in whole or in part, with respect to loss of use, loss of profit, loss of revenue, loss of goodwill, loss of data, cost of procurement of substitute goods or services, or any other intangible losses or costs to you or any third person as the result of any such dealings or as the result of the presence of such advertisers on the www.tracerr.com website.
The Services 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 Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control and you acknowledge that we are 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 us or any association with its operators. You further agree that we shall not be held liable to you or to any third party, in whole or in part, with respect to loss of use, loss of profit, loss of revenue, loss of goodwill, loss of data, cost of procurement of substitute goods or services, or any other intangible losses or costs to you or any third person caused by or in connection with the use of or reliance on any such statement, goods or Services available on or through any such third party website or resource.
Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you.
Do not rely on Tracerr, any information therein, or its continuation. We provide the platform for Tracerr and all information and Services on an “as is” and “as available” basis and we do not provide any express warranties or representations.
To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non‐infringement. If you are dissatisfied or harmed by Tracerr or anything related to Tracerr, you may close your subscriber account and terminate this agreement in accordance with section titled “Termination” shown below and such termination shall be your sole and exclusive remedy.
We neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
We do not have any obligation to verify the identity of the persons subscribing to its Services, nor does it have any obligation to monitor the use of its Services by other users of the community; therefore, we disclaims all liability for identity theft or any other misuse of your identity or information.
We do not guarantee that the Services will function without interruption or errors in functioning. In particular, the operation of the Services may be interrupted due to maintenance, updates, or system or network failures. We disclaim all liability for damages caused by any such interruption or errors in functioning. Furthermore, we disclaim all liability for any malfunctioning, impossibility of access, or poor use conditions of the Services due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
You agree to protect, indemnify, save and hold harmless Tracerr, its subsidiaries, affiliates, officers, directors, agents, co‐branders, partners and employees, from any and all claim or demand, including from any service provided or performed or agreed to be performed reasonable attorneys' fees, made by any third party due to, resulting from or arising out of:
Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you.
In no event shall Tracerr, its affiliates nor any of their respective directors, employees, contractors, agents, partners, suppliers, representatives or content providers be cumulatively liable for (a) any damages in excess of five times the most recent fee that you paid for the Services, if any, or US$100, whichever amount is greater, or (b) any special, incidental, indirect, punitive, exemplary or consequential damages with respect to loss of use, loss of profit, loss of revenue, loss of goodwill, loss of data, cost of procurement of substitute goods or services, or any other intangible losses or costs to you or any third person arising from:
This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
You represent and warrant that:
You may terminate this Agreement, for any or no reason, at any time, with written notice to us, such notice taking effect upon us processing your written notice.
Upon termination of this Agreement, regardless of the reasons therefore, your right to use the Services available on this website immediately ceases, and you acknowledge and agree that we may immediately remove your account and all related information and data associated with it and deny you any further access to the Services.
In the event of termination of this Agreement by either party:
All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Notwithstanding of any conflicts of law principles, this Agreement or any claim, cause of action or dispute (“claims”) arising out of or related to this Agreement shall be governed by and construed in accordance with the laws of the Indian Government regardless of your country of origin. You agree that all claims arising out of or related to this Agreement must be resolved exclusively by a court located in the Delhi, India and you agree to submit to the personal jurisdiction of the courts located within the Delhi, India for the purpose of litigating all such claims. Notwithstanding the above, you agree that Tracerr shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and their use, and supersede all prior or contemporaneous agreements, understandings, communications and proposals (whether oral, written or electronic) whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Tracerr for any third party that assumes our rights and obligations under this Agreement.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside Isle Of Man, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Please send an email to firstname.lastname@example.org to report any violations of this Agreement.