These Terms of Services govern your use of the Trackcol Services and is a legally binding agreement between the User (“you” or “customer” or “buyer”) and Trackcol B.V. (“we” or “us” or “seller”). The Trackcol Services cover the Trackcol website, Trackcol Platform, the Trackcol Trackers, (mobile) service application(s), or any other Services from Trackcol.
Trackcol has the right to adjust its Services at any time without prior notice.
1.1 Trackcol B.V. is a company under Dutch law. You can reach Trackcol by email via [email protected].
2.1 The Services of Trackcol can only be used if a Sales Contract with Trackcol (hereafter Contract) has been concluded. In the Contract the contractual terms (Trackcol services, price, duration etc) are detailed. The Customer acknowledges that the use of the Trackcol Services is governed by a Contract and agrees to use Trackcol’s Services only in accordance with the instructions of Trackcol.
2.2 All orders must be in writing and are accepted subject to these Terms of Services. No terms or conditions put forward by Buyer and no representations, warranties, guarantees or other statements not contained in Seller's Contract otherwise expressly agreed in writing by Seller shall be binding on Seller.
2.3 The Contract shall become effective only upon the date of acceptance of Buyer.
3.1 Unless previously withdrawn, Seller's quotation (the quotation will become a Contract if both Seller and Buyer signed the quotation) is open for acceptance within the period stated therein or, when no period is so stated, within thirty days (30 days) after its date.
3.2 The trackers, the license, the variable shipments fees, and other amounts required to be paid in the Contract do not include any amount for taxes.
3.3 The prices in the Contract are for Goods delivered EXW (Ex works) Seller’s shipping point, exclusive of freight, insurance and handling. Unless otherwise mentioned in the Sales Contract, the Goods in the Contract; freight, packing and handling will be charged at Seller’s standard rates. Risk of loss of or damage to the Goods shall pass to Buyer upon delivery and Buyer shall be responsible for insurance of the Goods after risk has so passed. Alternatively, if it is expressly stated in the Contract that Seller is responsible for the insurance of the Goods after their delivery to the carrier; such insurance will be charged at Seller’s standard rates.
4.1 If in the Sales Contract is mentioned a delivery period then this is an estimation only. No rights or other contractual obligations are involved since it’s a delivery estimation.
4.2 In order to access our Services, you may have to create an account. When you create your account, you must provide true, accurate, current and complete information. Furthermore you must update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password secure and you are responsible for the activity that occurs on your account. You may be liable for our losses or the losses of others due to unauthorized use. If you become aware of or suspect any breach of security or unauthorized use of your password or of your account, you should notify us immediately at [email protected].
4.3 The User shall not use the Trackcol Services (i) for illegal purposes, to perform acts that could be contrary to the applicable law (criminal or otherwise) or that could be prejudicial to Trackcol, other Users or third parties, or (ii) in a way that disrupts Trackcol’s Services (networks, accounts, platform,…), or (iii) to transmit any unlawful, prejudicial or harassing material, unauthorised advertising, spam or material that may infringe intellectual property rights or other rights of Trackcol or third parties, or material that contains viruses, Trojan horses, worms, time bombs or other harmful computer code or files, or (iv) gather personal or non-personal data relating to Trackcol or other Users, or (v) to reverse engineer the Trackcol Services or to directly or indirectly prepare competing or derivative services, or (vi) to resell Trackcol Services to third parties, (vii) by crawling, scraping, spidering the Trackcol Services without prior authorisation.
5.1. Fees. Customer shall pay Trackcol the fees indicated in the Contract. Unless otherwise provided in the Contract, all fees are to be paid to Trackcol within fourteen (14) days of the date of invoice. Any late payment will be subject to any costs of collection (including reasonable legal fees) and will bear interest at the rate of one and one-half percent (1.5%) per month (prorated for partial periods) or at the maximum rate permitted by law. If Customer is delinquent on a payment of fees for fifteen (15) days or more, Trackcol may suspend access to the Application. Complaints concerning invoices must be made in writing within fourteen (14) days from the date of the invoice. Invoices will be sent by electronic delivery unless requested otherwise by Customer, additional fees will apply.
5.2. Taxes. The license, variable shipments fees, and other amounts required to be paid in the Sales Contract do not include any amount for taxes. Customer shall reimburse Trackcol and hold Service Provider harmless for all sales, use, VAT, excise, property or other taxes which Trackcol is required to collect or remit to applicable tax authorities. This provision does not apply to Trackcol’s income taxes, or any taxes for which Customer is exempt, provided Customer has furnished Trackcol with a valid tax exemption certificate.
6.1 Termination and Automatic Renewal. You can chose to pay a monthly or a yearly fee to enter the Trackcol Cloud Based Platform, however the standard subscription term will always be one (1) year. At the end of the Initial term, this Contract shall automatically renew for one (1) year, unless either party notifies the other party of its intent tot to renew at least 30 days prior to the expiration of the Initial Term.
7.1 The Trackcol Services are provided on an “as-is” basis. Trackcol makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, or products included related to our services. To the fullest extent permissible by applicable law, Trackcol disclaims all warranties, express or implied, including, but not limited to, implied warranties of infringement, merchantability, and fitness for a particular purpose. Trackcol and its subsidiaries, affiliates and our officers, directors, shareholders, predecessors, employees and agents will not be liable for any damages of any kind arising from the use of our services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
7.2 Trackcol does not promise or guarantee uninterrupted or error-free services. There will be occasions Trackcol Services may be interrupted due to scheduled maintenance or upgrades, emergency repairs, failure of telecommunications links and/or equipment, or any other reason. Trackcol shall make a reasonable effort to make the Trackcol Services available to the User but does not guarantee that the Services will be uninterrupted or error-free.
8.1 The Services provided by the Seller are confidential and may not be disclosed to anyone other than the Buyer. The Buyer agrees as part of the Services that the Seller may collect, retrieve, store, manipulate, process, evaluate, modify, transmit, retransmit, display, or otherwise use data collected. The Buyer agrees, between Seller and Buyer, that Seller shall own all right, title and interest in and to all intellectual property conceived, authored or otherwise created by Seller or its agents.
8.2 The Seller shall remain ownership of all design, inventions, and process made or evolved by the Seller.
8.3 Trackcol and Customer trademarks, trade names, service marks, and logos, whether or not registered (“Marks”), are the sole and exclusive property of the respective owning party, which owns all right, title and interest therein. Trackcol may: (i) use the Customer’s name and/or logo within product literature, press release(s), social media, and other marketing materials; (ii) quote the Customer’s statements in one or more press releases; and/or (iii) make such other use of the Customer’s name and/or logo as may be agreed between the parties. Additionally, Trackcol may include Customer’s name and/or logo within its list of customers for general promotional purposes. Trackcol shall comply with Customer’s trademark use guidelines as such are communicated to the Trackcol in writing and Trackcol shall use the Customer’s Marks in a manner which is consistent with industry practice.
9.1 We reserve the right, in our sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of our Services, and will post updates to these Terms on this webpage with a new effective date. We may also make changes in the products, services, programs, or prices described in our Services at any time without notice. Your continued use of our Services after any change we make to our Services will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because your use of our Services will be governed by the then-current Terms and Privacy Notice.
9.2 These Terms will remain in full force and effect so long as you continue to access or use our Services, or until terminated in accordance with the provisions of these Terms. At any time, we may: (i) suspend, withdraw, discontinue, change, or terminate either our Services in general or (ii) suspend, withdraw, discontinue, change, or terminate these Terms and your rights to access or use our Services for any reason, particularly if we believe that you have restricted or inhibited any other user from using or enjoying our Services or in any other way have used our Services in violation of these Terms. Upon termination of these Terms, your authorization to use our Services automatically terminates and you must immediately destroy any downloaded or printed Materials.
9.3 If you access our Services from a location outside of the Netherlands, you are responsible for compliance with all applicable local laws. You may not use our Services or export information and materials in violation of the export laws of The Netherlands or any other country. Materials published on a website, or otherwise included in our Services, may refer to products, programs, or services that are not available in your country.