Website terms and conditions
PLEASE READ THESE TERMS AND CONDITIONSCAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU CONFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER, ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TOCOMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OURSITE.
1. What's in these terms?
These terms tell you the rules for using our website: www.tracr.com (our site, Tracr Platform).
2. Who we are and how to contact us?
Our site is operated by TRACR LIMITED, a company incorporated under the laws ofEngland and Wales under company number 07816513 with principal place of business at 1 Giltspur Street London EC1A 9DD (Tracr, we, us, our). Our VAT number isGB243565264. To contact us, please email contact@tracr.com.
3. There are other terms that may apply to you.
These terms of use refer to the Privacy Policy (tracr.com). See further under “How we may use your personal information”.
4. Changes to these terms and our site.
We may amend these terms from time to time. We may also update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
5. We may suspend or withdraw our site.
Our site is made available to you free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6. Use of the Tracr Platform, Global Search and Diamond Experience.
6.1. The functionality on the Tracr Platform allows access to specific details of an individual diamond’s registration, allowing you to “look-up” a diamond (Global Search) and to see the record of that diamond (Diamond Experience). Tracr reserves the right to change, edit, suspend access to, or delete, Diamond Experience and/or Global Search or any part of it.
6.2. You, as a user of the Tracr Platform, Diamond Experience and Global Search acknowledge and agree that the Tracr Platform, Diamond Experience and Global Search are provided on an “as-is” and “as-available” basis and no warranties are given in relation to accuracy, errors and availability.
6.3. The data and other content contained within the Tracr Platform,Diamond Experience and Global Search functionality are provided for general information only and do not constitute an offer for purchase of any kind. TheTracr Platform, Global Search and Diamond Experience and the data and content contained therein are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Tracr Platform, Diamond Experience, and/or Global Search or any part of them. Although we make reasonable efforts to update the information on the Tracr Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Tracr Platform is accurate, complete or up to date.
6.4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Please note that the Tracr Platform, Diamond Experience and Global Search is made available to you for personal use only and you must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.5. The Tracr Platform and Diamond Experience contain content, information, images, text and data provided by users of the Tracr Platform (ParticipantContent). Tracr has no control over the Participant Content and the inclusion of Participant Content on the Tracr Platform and Diamond Experience should not be interpreted as approval or endorsement by Tracr of theParticipant Content or information you may obtain from it.
6.6. The Tracr Platform and all associated functionality (including but not limited to Diamond Experience and GlobalSearch), features, content, materials, data and information made available to you by us, (for the avoidance of doubt, excluding any Participant Content) (Tracr Content) through our site belongs to Tracr and/or its licensors on the Tracr Platform) and is protected by intellectual property laws (including copyright and trade mark rights) around the world. Tracr™ and its associated logos are trade marks of the De Beers Group of companies. You are not permitted to use them without our approval, unless otherwise permitted under these terms. You are not permitted to modify or create derivative works from the Tracr Platform, Diamond Experience and/or Global Search or any part of them without our prior approval.
6.7. We reserve the right to withdraw your access to the Tracr Platform, Global Search and Diamond Experience without notice.
6.8. You may print off or download copies of diamond information obtained through Global Search and/or DiamondExperience for your personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.9. You may not reverse engineer, decompile, disassemble or otherwise attempt to obtain any source code related to the Tracr Platform and shall not copy, display or otherwise use the TracrContent or Diamond Experience, except as permitted under clause 6.8 above (including but not limited to screenshotting the Diamond Experience, or any other Tracr Content directly from the Tracr Platform and/or commercialising theTracr Content in any way). You may not embed the Tracr Content, Diamond Experience and/or reference Tracr in any non-fungible token (NFT) or other digital asset.
7. We are not responsible for websites we link to.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
8. Our responsibility for loss or damage suffered by you.
8.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
8.2. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contractor our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
8.3. Please note that we only provide our site to you for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. How we may use your personal information.
We will only use your personal information as set out at Privacy Policy (tracr.com).
10. We are not responsible for viruses and you must not introduce them.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
11. We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12. Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13. If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14. Which country's laws apply to any disputes?
These terms of use, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction but if you live in another country, you can bring a claim in the courts which are local to you.
Terms last updated on 26 June 2023
