TERMS & CONDITIONS

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE

These terms of use (“Terms”) are a legal agreement between you (“you”) and The Diamond Trading Company Limited, trading as Tracr (“us”, “we” or “our”) in respect of your use of our website at www.tracr.com through which you can learn and request information about the blockchain traceability initiative.
By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, we do not grant you permission to use the website.

INTELLECTUAL PROPERTY

All content on the website is our property or licensed to us. The content on the website shall not be modified, distributed, framed, republished, scraped or sold in any form or by any means, in whole or in part, without our prior written permission. You acknowledge that all intellectual property rights in the website anywhere in the world belong to us, that rights in the website are licensed (not sold) to you, and that you have no rights in, or to, the website other than the right to use it in accordance with these Terms.

PERMITTED USE AND RESTRICTIONS

Subject to you agreeing to abide by these Terms, we grant you the right and access to use our website. We reserve all other rights which are not granted in these Terms. We may revoke the permission and/or rights granted in these Terms at any time without notice and with or without cause.

You must not use the website: (a) in any unlawful manner, for any unlawful purpose or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data, into the website or any operating system used by the website; (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (c) to collect or harvest any information or data from the website or our systems or attempt to decipher any transmissions to or from the servers running the website; (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). You may not carry out any data mining or similar data gathering or extraction methods on the website.

PRIVACY

For details regarding how we use personal information, see our Privacy Policy.

THIRD PARTY SITES AND SERVICES

The website may contain links to third party websites and services (“Third Party Sites and Services”). The links to these Third Party Sites and Services are provided for your convenience only. You acknowledge that we have no control over the Third Party Sites and Services (including the failure of any links to them) and are not responsible for their contents and/or availability.

We do not endorse the content or other material contained in the Third Party Sites and Services and have no association with their operators. Your use of any Third Party Sites and Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read the Third Party Terms. If you do not understand or agree to be bound by any Third Party Terms, you should not use any Third Party Sites and Services.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to be advice or information on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or current.

LINKING TO OUR SITE

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not frame or deep link this website. The website from which you are linking must comply in all respects with applicable laws. You must not establish a link in such a manner that suggests endorsement, association or approval on our part where none exists.

TERMINATION

We reserve the right to change, edit, suspend, delete and/or cancel any part of the website (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 website.

When your use of the website 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.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no third party is intended to have any right or ability to enforce any of the provisions of these Terms.

These Terms constitute the entire agreement and understanding between you and us relating to the subject matter of these Terms and supersede any prior agreement or understanding between you and us relating to the subject matter of these Terms.

You acknowledge that you have not entered into these Terms in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms (other than in respect of any fraudulent misrepresentation).

These Terms are governed by English law and the courts of England will have exclusive jurisdiction.

DISCLAIMER AND LIMITATION OF LIABILITY

We will not be liable 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:

· use of, or inability to use, our site; or
· use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.

Nothing in these Terms will limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.

We provide the website on an “as is” and “as available” basis. We make no guarantee that the website will be uninterrupted, error free, or free from viruses or other harmful components. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the website, whether express or implied.

INDEMNITY

You agree to compensate and hold us, our affiliates and each of our directors, officers, agents, contractors, partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the website and/or arising from a breach of these Terms.

COMMUNICATION BETWEEN US

If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we will do so by e-mail using the contact details you provide to us.

CHANGES TO TERMS AND/OR SERVICE

We reserve the right to revise these Terms at any time by amending this page and your continued use of the website after any such amendments are published on the website will be considered acceptance by you of such amended Terms. Updated terms will supersede all previous versions of the Terms. Please check this page regularly to take notice of any changes we have made, as they are binding on you. The date these Terms were last updated appears at the bottom.

CONTACT US

Questions and comments regarding these Terms should be sent to: contact@tracr.com

The Diamond Trading Company Limited, a limited liability company incorporated in England and Wales, with registered number 07816513 and with its registered office at 20 Carlton House Terrace, London, SW1Y 5AN.

These Terms were last updated on April 30, 2018