Terms and Conditions
1. THE TRACKMATRIX® SITE
TrackMatriX®Technologies Limited of Hong Kong (“TrackMatriX®“) owns the web site trackmatrix.com (the “Site”).
The Site offers users various resources, including blogs, searchable databases, software, specialized audio, video, information, materials and other content (collectively, the “Content”). The Content is provided free of charge to you (unless otherwise indicated).
Please read these terms and conditions of service for the Site, the TrackMatriX® Privacy Policy, and any updated information that may be made available to you from time to time (collectively, “Terms of Service”) carefully before you use the Site.
Your use of the Site indicates that you accept these Terms of Service for the Site. If you do not accept these Terms of Service, do not launch or otherwise use the Site.
The Site is developed for private and professional use.
2. INTRODUCTION
The Terms of Service represent the agreement between you and TrackMatriX® with respect to the Site. All references to “you” and “your” means you as a natural person or employee or representative acting on behalf of your employer or an entity as party to this agreement.
If any provision in these terms is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of these Terms of Service will remain in full force and effect.
3. INTENDED USE
While TrackMatriX® aims for the Site to be highly reliable and available at all times, it is not intended to be available 100% of the time. The Site will be subject to sporadic interruptions and failures for a variety of reasons, also beyond TrackMatriX® control, including service provider uptime and mobile network disruptions. You acknowledge these and other limitations and agree that TrackMatriX® is not responsible for any damage or loss caused by the failure of the Site to operate at all times or operate without fault.
The Site is intended to be accessed and used for non-critical information.
4. LICENSE GRANT AND CONTENT
Subject to these Terms of Service, TrackMatriX® hereby grants you a non-exclusive, nontransferable right to: (a) access the Site; (b) access the Content and the software which includes, but is not limited to files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software“), made available through the Site; and (c) download, print and use one copy of the Content for your personal or internal use only.
Except for the limited license expressly granted herein, TrackMatriX® shall, between the parties, own all rights, title and interest in and to the Content, the Software and the Site, including without limitation all intellectual property rights therein. You agree not to do any of the following:
- Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the software, the Content, or any part there of.
- Attempt to derive the source code, library or structure of the Site without the prior and express written consent of TrackMatriX®.
- Remove from the Site or the Content, or alter, any of TrackMatriX® or its suppliers’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
- Distribute, sublicense or otherwise transfer the Site or the Content to others.
TrackMatriX® owns all copies of the Software, however made. Nothing in these Terms of Service will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of TrackMatriX®, except to the extent necessary for you to use the Site as expressly permitted under these Terms of Service.
You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of our agreement, without liability to TrackMatriX®. Notwithstanding the foregoing, TrackMatriX® may assign the agreement to any affiliate or third party at any time without notice.
5. UPDATES AND AMENDMENTS
TrackMatriX® may from time to time provide patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Site (“Updates”). These Updates may be automatically installed without providing any additional notice. You consent to this automatic update. If you do not want such Updates, you shall terminate the account and stop using the Site.
TrackMatriX® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that TrackMatriX® shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site.
6. TERMINATION
If TrackMatriX®determines, in its sole discretion, that you have breached any portion of these Terms of Service, TrackMatriX® reserves the right to discontinue your account registration with the Site and/or any other action which TrackMatriX® deems to be appropriate.
7. LIMITATION OF LIABILITY
1. Liability
TrackMatriX® works hard to ensure the highest possible accuracy of the Site. However, the Site is not 100% accurate, and errors and faults may arise. You understand and agree that the Site is used at your own discretion and risk.
To the fullest extent permissible pursuant to applicable law, in no event will TrackMatriX®, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the Site. You are responsible for the entire risk arising out of your use of the Site. Hereunder, you are responsible for the entire risk arising from any decision to reject goods or decision to otherwise terminate agreements with third parties based on information from the Site.
2. Indirect loss
In no event shall TrackMatriX® be liable for any incidental, special, consequential, or indirect damages of any kind (including damages for interruption of business, lost data, lost profits, lost savings or the like) regardless of the form of action, whether in contract, tort (including without limitation negligence), strict product liability, or other legal doctrine, even if advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing exclusion and limitation may not apply to you.
3. Security
TrackMatriX® has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction. However, TrackMatriX® makes no representations or warranties regarding the security of the Site or the transmission of data or information to and from TrackMatriX® and your computer or mobile device.
TrackMatriX® will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.
4. General
This limitation of liability will apply notwithstanding the failure of essential purpose of any limited remedy set forth herein. In no event will any supplier to TrackMatriX® have any liability to you under these Terms of Service. This limitation of liability is a fundamental element of the basis of the Terms of Service between you and TrackMatriX®. TrackMatriX® would not provide the services to you absent such limitation.
8. FORCE MAJEURE
The parties shall not be liable for any loss or damage due to reasons of force majeure. Force majeure shall be deemed to include circumstances beyond the control of the party, such as statutory restraints, decisions by a court of law or a governmental agency, perils of the sea or air; fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, shortage of supplies, equipment, materials, breakdown of equipment and labor disputes.
9. CONFIDENTIALITY
10. DATA PROTECTION
1. General
2. Privacy Policy
3. Third party services
11. REGISTRATION INFORMATION; NOTICES AND MARKETING
1. Registration Information
2. Notices and Marketing
12. DISPUTES, GOVERNING LAW AND LEGAL VENUE
1. Amicable negotiations
The parties will attempt to resolve any disputes, controversies or claims (collectively “Dispute”) arising out of or relating to these Terms of Service through amicable negotiations. Such negotiations shall be overseen at vice president level or higher at both sides (if you are a professional user) and start no later than 15 days after either party requested such negotiations.
2. Alternative dispute resolution
If a Dispute cannot be resolved amicably between the parties alone, the parties will discuss the use of a mediator or other alternative dispute resolution mechanism in order to limit the legal cost and damage to the relationship that litigation may result in.
3. Courts or mediation
If the parties are unable to reach a negotiated solution, the dispute will be referred to High Court of Hong Kong as mandatory and exclusive legal venue. However, if you are located in a country that does not have a bilateral or multilateral ruling enforcement treaty with Hong Kong SAR the dispute will be referred to and finally determined by arbitration administered exclusively by the Hong Kong General Chamber of Commerce.
The parties agree that the arbitrator will have the power to decide all matters, including arbitrability, and to award any remedies, including attorneys’ fees, costs and equitable relief, available under applicable law. Either party may enforce any judgment rendered by the arbitrator in any court of competent jurisdiction. The parties further agree and acknowledge that arbitration will be the sole and final remedy for any dispute between the parties. All proceedings and documents will remain strictly confidential.
13. CONTACT
Effective as of 6th February 2020
