Last updated February 11, 2019
TransTracks (“We”) provides our website located at transtracks.app (the “Site”) and various mobile applications (“App”). Unless otherwise specified all our apps or services use the following Terms of Service govern its use.
Agreement to Terms
By using our Site, App, and/or Services you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site, App, or Services.
Changes to the Terms of Service
From time to time we may modify the Terms set in this document. When changes are made you will be notified either by the modified Terms being posted on the Site or through other communications. We recommend that when these Terms are update that you review them as soon as possible. If you continue to use our Site, App, and/or Services after the modified Terms come into effect then you agree to be bound to them. If you do not agree to be bound by the modified Terms then you may not use the Site, App, or Service. As the Site, App, or Services change we may change or discontinue any or all parts at any time and without notice, at our sole discretion.
Who May Use the Services
You may use our Site, App, and/or Services if you are 13 years or old and are not barred from using the Services under applicable law. For any purchases made via the Site, App, and/or Services, you must be 18 years or older and able of forming a binding contract.
Registration and Your Information
Certain features of our Site, App, and/or Services require you to create an account (“Account”). You will be prompted to create an account if it is required. Some of the options for creating an Account allow you to use an existing account with third-party services (“TPS”) such as Google. If you choose to create an Account using a TPS we will do so by extracting certain personal information such as your name and email address that your privacy settings on the TPS permit us to access.
It is important that the information you provide us with is accurate, complete, and up-to-date. You agree to keep such information stored in your Account accurate, complete, and up-to-date. You agree that you won’t disclose your Account password to anyone and notify us immediately of any unauthorised use of your account. You are responsible for any and all activities that occur under your Account, whether or not you know about them.
TransTracks offers subscriptions which you can purchase monthly or yearly. A description of the specific features associated with the Subscription is available prior to purchase. When you purchase a Subscription or Product (each a “Transaction”) we may require you to specific additional information that is relevant to the Transaction. This information may include, but is not limited to, a credit card number, expiration of your credit card, and a billing address (“Payment Information”). You confirm and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts that are due and payable for the relevant Transaction will be presented to you before you place the order. If you choose to initiate a Transaction via our Site, App, or Services, you authorise us to provide your Payment information to third party service providers so that we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that TransTracks may charge your credit card or third party payment processing account, including but not limited to, your account with the app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App provider”), for verification pre-authorisation and payment purposes; and (c) to bear any addition charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.
If you have any concerns or objections regarding charges, you agree to raise them with us first and agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with TransTracks.
We reserve the right not to process or cancel your order in certain circumstances, for example if your credit card is declined. We also reserve the right to, at our sole discretion, take steps to verify your identity in connection with your order. You may be required to provide more information to verify your identify prior to completing your Transaction. TransTracks will either not charge you or refund the charges for orders we decide to not process or cancel.
Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
All amounts are payable and charged: (a) for one-off purchases, at the time you place your order; and (b) For monthly or yearly subscriptions, at the beginning of the subscription (after any applicable free trial), and because each such subscription automatically renews for an addition period equal to the length of the expiring subscription term until you cancel it, using the Payment Information you have provided. You much cancel your monthly or yearly subscription before it renews to avoid the billing of fees for the next Subscription period. If you purchase your subscription via the Site, you can cancel the renewal of your subscription at any time by contact us by email at email@example.com. If you purchase your Subscription via an App Provider, you can cancel your subscription at any time with the App Provider. You will not receive a refund for the fees you have already paid for your current subscription period and will continue to receive the Services ordered until the end of your current Subscription period.
Changes to Price Terms for Subscription
TransTracks reserves the right to change its pricing terms for Subscriptions at any time. We will notify you in advance of such changes becoming effective. Changes to pricing terms will not retroactively apply and will only apply for Subscription renewals after such changed pricing terms have been communicated with you. If you do not agree with the changes to the pricing terms then you may choose to not renew your subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription”.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependant on any oral or writing public comments made by TransTracks regarding future functionality or features.
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferrable license under any and all intellectual property rights that you own or control to use, copy modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms, (a) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind and information or other materials that are posted generated, provided or otherwise made available through the Site, Apps, and/or Services; and (b) “User Content” means any Content that users (including you) provide to be made available through the Site, Apps, and/or Services. Content includes without limitation User Content.
TransTracks does not claim any ownership right to any User Content and nothing in these terms will be deemed to restrict any right that you may have use and exploit your User Content. Subject the foregoing, TransTracks and its licensors exclusively own all right, title and interest in and to the Site, Apps, Services and Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Apps, Services, or Content.
Rights in User Content Granted by You
By make any User Content available through Services you hereby grant to TransTracks a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works base upon, distribute, publicly display, publicly perform and distribute your User Content in connection in operating and providing the Services and Content to you and to other users. TransTracks will always endeavour to seek approval and provide attribution when using User Content in public for promotional purposes where possible.
Rights in Content Granted by TransTracks
Subject to your compliance to these Terms, TransTracks grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to download, view, copy and display the Content solely in connection with your permitted use of the Site, Apps, and Services, and solely for your personal and non-commercial purposes.
Rights and Terms for Apps
Rights in App Granted by TransTracks
Subject to your compliance with these terms, TransTracks grants you a limited non-exclusive, non-transferable, non-sub-licensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. TransTracks reserves all rights in and to the App not expressly grated to you under these terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or (d) make the functionality of the App available to multiple users through any means.
Links to Third Party Websites or Resources
The Site, Apps and/or Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Site, Apps, and/or Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to use at email@example.com. If you purchase a Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by there nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution.
The Site, Apps, Services, Products and Content are provided “as is”, without warranty of an¥ kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.We make no warranty that the Site, Apps, Services or Products will meet your requirements or be available on an uninterruptible, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless TransTracks and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Apps, Services, Products or Content or (b) your violation of these Terms.
Limitation of Liability
Neither TransTracks nor any other party involved in creating, producing, or delivering the Site, Apps, Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including but not limited, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Site, Apps, Services, Products or Content whether based on warranty, contract, tort (including negligence), or product liability or any other legal theory, and whether or not TransTracks has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will TransTracks’ total liability arising out of or in connection with these terms or from the use of or inability to use the Site, Apps, Services, Products or Content exceed the amount you have paid to TransTracks for the use of the Site, Apps, Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to TransTracks, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between TransTracks and you.
Governing LawThese Terms and any action related thereto will be governed by the laws of the State of Victoria, Australia without regard to its conflict of laws provisions.
If you have any questions about these Terms or the Services or Products please contact TransTracks at firstname.lastname@example.org