Please read these Terms carefully before using our API.
Introduction The Tracr API (API) 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.
By accessing and/or using the API you are confirming to us that you have read these Terms and that you: (a) will only access and/or use the API in your capacity as a representative of a business or company and not as a consumer; and (b) agree to be bound by these Terms.
We may revise these Terms at any time. Any changes made to these Terms will be applicable from the date stated at the end of the Terms. Please ensure you read these Terms each time you access the API. If you do not to accept any new Terms we make available then you should not use the API.
Access to and use of the API There is currently no charge to access and/or use the API. We may stop offering the API (free of charge or otherwise) at any time.
Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-assignable, non-transferable, revocable license to use the API to develop, test, and support your application, and allow users to use your integration of the API within your application. You may use the API only as expressly permitted in the Terms. Violation of the Terms may result in the suspension or termination of your use of the API.
When using the API you agree that you will:
(a) only use the API in accordance with the parameters and specifications that we have made available to you from time to time; (b) not use the API to upload any information which directly or indirectly may identify any individual (including without limitation any “personal data” and/or any “personally identifiable information” or “PII”); (c) not reverse engineer, decompile, disassemble or otherwise attempt to obtain the API’s source code, other than as permitted by applicable law; (d) not copy, display or otherwise use the Content outside of the API; (e) not use software (including any spider, scraper or bot) to monitor, harvest or copy any Content from the API; (f) not use, or encourage, promote, facilitate or instruct others to use, the API for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive; (g) not use the API to violate the security or integrity of any network, computer or communications system, software application, or network or computing device; (h) not make network connections to any users, hosts, or networks unless you have permission to communicate with them; (i) not use an unreasonable amount of bandwidth, or adversely impact the stability of the API or the behaviour of other applications using the API; (j) use the API in a way that could create, in our sole discretion and judgment, an unreasonable risk to users from a security or privacy perspective.
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms or misuse of the API and we may remove, disable access to, or modify any content or resource that violates the Terms or any other agreement we have with you for use of the API.
You acknowledge that the Content is confidential and proprietary to us and, as such, you will keep all such Content confidential and will not use or display any the Content outside of the API.
You agree to comply with all reasonable instructions that we may give you regarding your use of the API. You agree that we may delete any information, data and/or other materials that does not comply with these Terms.
You are responsible for obtaining and configuring (at your own cost) all necessary devices, computer programs, IT, platforms and telecommunications services required to access and use the API. You are also responsible for ensuring that no person uses your device to access the API without your permission. We will be entitled to assume that anyone who accesses the API using your device has your permission to do so and you will be responsible for any charges, costs, losses or liabilities that may be incurred by any such persons.
Maintenance and Support We do not guarantee that the API will always be available or that it will be updated. You understand that we may suspend, restrict access to or discontinue the API or make changes to the API at any time for any reason or no reason without notice or liability to you.
If we plan to discontinue the API, we will endeavour, but are not obliged, to notify you of the discontinuance of the API reasonably in advance of the date on which such discontinuance takes effect.
Intellectual Property The API and any and all Content belong to us and/or our licensors and are protected by intellectual property laws around the world. You are only permitted to access and use the API and any such Content in accordance with these Terms.
You are not allowed to distribute or transfer or communicate to the public the API or interfere with the normal operation of the API (e.g. you are not permitted to modify or create derivative works from the API or any updates or any part thereof, other than as permitted by applicable law).
Notwithstanding these restrictions, any open source software components included in the API 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.
You will not introduce viruses You must not misuse the API 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 API, the server on which the API is made available or any server, computer or database connected to the API. You must not attack the API 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 API will cease immediately.
Liability The API 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 API.
Although we make reasonable efforts to update the API we make no representations, warranties or guarantees, whether express or implied, that the API is accurate, complete or up to date.
The API is 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 API including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy or reliability.
We do not guarantee that the API will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the API or any Content will be free from errors or omissions.
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 API or any Content; or (ii) use of or reliance on any Content.
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.
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.
Indemnity You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any losses arising out of or relating to any third-party claim concerning your use of the API (including any activities under your account and use by your employees and personnel).
Termination We reserve the right to change, edit, suspend, delete and/or cancel any part of the API (and/or your access to it) at any time with or without notice to you.
On termination of these Terms for any reason: (a) all rights granted to you under these Terms will immediately cease; (b) you must immediately cease all activities authorised by these Terms; and (c) you acknowledge that we may restrict your access to the API.
When your use of the API ceases, any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
General You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them.
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.
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.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.
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.