Last updated: November 7, 2017
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.trackener.com website (the “Website”), wireless device and App (the "Service") operated by Trackener Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We intend that these Terms apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you (e.g. by giving you rights as a business).
In order to use the Service, you will need to download and install the App. We hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the App and our software related to the Service solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices of ours on any part of the Service. You may not use the Service for any purpose that is illegal or potentially harmful to another party, including us. You may not sell, sublicense, assign or otherwise transfer the Service to any third party for any reason.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. Billing Cycles will start from the date on which you receive the device (“Delivery Date”).
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Trackener Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Trackener Ltd customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Trackener Ltd with accurate and complete billing information including full name, address, state, zip or post code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Trackener Ltd to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Trackener Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
You can cancel your subscription to the Service at any time unless stated in your agreement with us, by sending an email to firstname.lastname@example.org. Upon cancellation of your subscription to the Service, the Service will be deactivated at the end of the current subscription period or at the end of the period stated in your agreement with us, depending on your payment plan.
Trackener Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Trackener Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
Links to other websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Trackener Ltd.
Trackener Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Trackener Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Trackener Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation of Liability
To the fullest extent permitted by law neither Trackener Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, shall be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses or damage in property (including horses), resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Trackener Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
The Device is intended for use as a recreational monitoring device. The Service is not a veterinarian alerting system. Therefore, proper attention and healthcare should always be used with horses, despite the use of the Service.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Trackener Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Trackener Ltd or any person for whom Trackener Ltd is responsible, and even if Trackener Ltd has been advised of the possibility of such loss or damage being incurred.
Defective or Damaged Devices
The Device is designed to endure the rigors of typical horse activities but it is not possible to anticipate all the circumstances the Device may encounter, including outright abuse of the Device. If you observe any defects with the Device, such as major cuts, tears, deformed housings, damaged or loose parts, etc. or notice unusual heating or swelling of the Device, then the Device should not be used and should be returned for warranty consideration.
Trackener Ltd and its licensors own all intellectual property rights in the brand name and in the goods. You shall acquire no interest or rights in Trackener’s intellectual property by virtue of this Agreement.
In connection with providing the Service, we may elect to update the software of the App or Device at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of software. You agree that we may automatically deliver such updates to you as part of the Service and you shall receive and install them as required, and you acknowledge and agree that the Service, or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Service and will be subject to these Terms.
You acknowledge that the terms of any agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Service with your smartphone or other mobile device. Consequently, you may be charged by your Mobile Provider, or any applicable third parties, for access to its/their network connection services while you are accessing the App. You accept responsibility for any such charges that arise.
Usage Outside of the European Union
As of the date of these Terms of Service, the Service is provided in the European Union. Service will be provided in the 28 countries within it. This list is subject to change at any time by Company. If you travel to a country or area not on this list then the Service will not work.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
We are Trackener Ltd a company registered in England and Wales under number 09783413 whose registered office is at 41 Teal Court, London E1W1AB with email address email@example.com .