Please read these Terms carefully before using the Tracr Community Portal
1. Introduction 1.1 The portal available on www.tracr.com/community is operated by The Diamond Trading Company Limited, a company incorporated under the laws of England and Wales under company number 07816513 with its registered office at 20 Carlton House Terrace, London, United Kingdom, SW1Y 5AN (we, us, our). Our VAT number is GB243565264.
1.3 By accessing and/or using the Portal you are confirming to us that you have read these Terms and that you: (a) will only access and/or use the Portal in your capacity as a representative of the business or company you notified to us as part of the sign-up process for the Portal (Business), and not as a consumer; (b) have authority to bind the Business to these Terms and the Acceptable Use Policy; and (c) agree to be bound, on your own behalf and on behalf of the Business, by these Terms and the Acceptable Use Policy.
1.4 We may revise these Terms or the Acceptable Use Policy at any time. Any changes made to these Terms or the Acceptable Use Policy will be applicable from the date they are published. We will endeavour to notify you of any changes that are going to be made to these Terms reasonably in advance of the date on which such changes take effect and invite you to accept the new Terms. If you do not to accept any new Terms we publish then you may no longer be able to access the Portal.
2. Contacting Us 2.1 If you would like to contact us for any reason in connection with the Portal, including to make a complaint about the Portal or anything contained in the Portal, please do so at the address above or using the Slack Channel referred to below.
3. Age Limits 3.1 The Portal is intended to be accessed and/or used by persons who are at least 18 years old. If you are under 18 years old, please do not access and/or use the Portal. By accessing and/or using the Portal, you are confirming to us that you are at least 18 years old. Your ability to access and/or use the Portal may be terminated without warning if we have any reason to believe that you are younger than 18 years old.
4. Access to and use of the portal 4.1 There is currently no charge to access and/or use the Portal. We may stop offering the Portal (free of charge or otherwise) at any time.
4.2 In order to access and/or use the Portal, you will need to register for an account on the Portal’s sign-up page. To register as a user, you will need to complete a registration form which will require you to submit an original username and password. We reserve the right to refuse to accept any user for any reason.
4.3 Your account is personal to you and you are not entitled to transfer your account to any other person. You agree to take all steps necessary to protect your account log in details and keep them secret. You shall not give your log in details to anyone else or allow anyone else to use your log in details or account (whether within or outside of your Business).
4.4 We will be entitled to assume that anyone logging into your account using your log in details is you. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using the Portal and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
4.5 If you breach (or we reasonably suspect that you have breached) any provision of these Terms, your account may be terminated by us at any time. If your account is terminated, your authorisation to access and/or use the Portal will also terminate. You must promptly report any breach of these Terms to us.
4.6 You agree that you will not: (a) reverse engineer, decompile, disassemble or otherwise attempt to obtain the Portal’s source code, other than as permitted by applicable law; (b) copy, display or otherwise use the Content outside of the Portal; (c) use software (including any spider, scraper or bot) to monitor, harvest or copy any information from the Portal; or (d) create multiple accounts for the Portal.
4.7 You acknowledge that all Content made available via the Portal is confidential and proprietary to us and, as such, you will keep all such Content confidential and will not use or display any Content outside of the Portal.
4.8 You agree to comply with all reasonable instructions that we may give you regarding your use of the Portal.
4.9 You are responsible for obtaining and configuring (at your own cost) all necessary devices, computer programs, IT, platforms and telecommunications services required to access the Portal. You are also responsible for ensuring that no person uses your device to access the Portal without your permission. We will be entitled to assume that anyone who accesses the Portal using your device has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
5. Slack channel 5.1 This Portal may provide you with a link to tracrassociation.slack.com (Slack channel). The Slack Channel is a place for you to engage and keep updated with the Tracr Community. We reserve the right to suspend, restrict or terminate your access to the Slack Channel at any time in our sole discretion for any reason. To join our Slack Channel you will need to create an account with Slack. By signing-up for an account with Slack and accessing our Slack Channel, you agree to be bound by the terms and conditions presented by Slack and those terms and conditions and these Terms shall together govern your use of our Slack Channel. You acknowledge that we shall have no liability or responsibilities for the service provided by Slack.
5.2 You (including, for the avoidance of doubt, the Business) shall indemnify and defend us against any claims, actions, proceedings, losses, damages, expenses, costs and other liabilities(including without limitation court costs and reasonable legal fees) arising out of or in connection with any third party claim or demand relating to your use of the Slack Channel or any of your posts (or posts via your account) on the Slack Channel (including any claims brought by Slack against us arising out of or in connection with an act or omission by you (or your account) on theSlack Channel).
6. Maintenance and Support 6.1 We do not guarantee that the Portal will always beavailable or that it will be updated. You understand that we may suspend,restrict access to or discontinue the Portal or make changes to the Portal atany time for any reason or no reason without notice or liability to you. If weplan to discontinue the Portal, we will endeavour to notify you of thediscontinuance of the Portal reasonably in advance of the date on which suchdiscontinuance takes effect.
7. Intellectual Property Rights 7.1 The Portal and any and all Content belong to us and/or our licensors and are protected by intellectual property laws around the world. The Portal and any and all Content are licensed to you in accordance with these Terms.
7.2 Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the Content for solely viewing within the Portal.
7.3 You are only allowed to access and/or use the Portal in accordance with these Terms. You are not allowed to distribute or transfer or communicate to the public the Portal or any Content or interfere with the normal operation of the Portal (e.g. you are not permitted to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from the Portal or any updates or any part thereof (including Content), other than as permitted by applicable law). Notwithstanding these restrictions, any open source software components included in the Portal will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.
8. You will not introduce viruses 8.1 You must not misuse the Portal 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 the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Portal will cease immediately.
9. Liability 9.1 The content on the Portal is provided for general information only. It is 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.
9.2 We make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.
9.3 The Portal and any Content are provided on an"as is" basis and we do not make, and expressly exclude, any representation or warranty of any kind, either express or implied in relation to the Portal or any Content including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy or reliability.
9.4 Where the Portal 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.
9.5 We do not guarantee that the Portal will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Portal or any Content will be free from errors or omissions.
9.6 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:(i) use of, or inability to use, the Portal or any Content; or (ii) use of or reliance on any Content.
9.7 In particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.
9.8 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.
10. General 10.1 You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is nota party to them.
10.2 You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.
10.3 If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
10.4 If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from these Terms and the remaining parts of these Terms will continue to be enforceable.
10.5 These Terms and any dispute arising out of or in connection with them (including any non-contractual claims) shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts.