Tracmaster Ltd Terms and Conditions of Site Use and Disclaimer

The information on this Site is intended to be helpful and informative. However, neither Tracmaster Ltd nor any of its employees or agents make any warranty, express or implied, or assume any legal liability or responsibility for the accuracy or completeness of any information contained on this Site or any website referred to.

Those who access this Site, or any site referred to, should take appropriate steps to verify all such information.

Tracmaster Ltd and its subsidiaries cannot be held responsible for the contents of any pages referred to by an external link.

Personal Information, which you provide to Tracmaster from within this Site, will be subject to a Privacy Policy, set out separately. The information we collect may include name, postal and email address, contact telephone number(s).

Terms and Conditions

1   Definitions

1.1  "this Site" refers to all internet pages in the www.tracmaster.co.uk domain;

1.2  "www.tracmaster.co.uk" refers to any person or organisation, whether or not commercial, involved in any part of the design, development, management, response-handling, marketing, promotion or other similar aspects of this Site;

1.3  "User" refers to any person viewing or interacting with this Site, including "you";

1.4  "Content" refers to any text, photograph or other image presented on this Site to Users by either www.tracmaster.co.uk or Users.

2  Terms

2.1  By using this Site, you agree to these terms of use. If you do not agree to these terms of use, disconnect from this Site and do not use this Site further. The account of users contravening these terms may be deleted without notice or question.

3  Summary

3.1  Tracmaster Ltd reserves the right, but has no obligation, to edit or remove any Content without question, reason or notice.

3.2  Tracmaster Ltd reserves the right, but has no obligation, to disqualify any person from the online register without question, reason or notice.

4  Site Contents

4.1  The mention or appearance of any person or organisation featured on these pages is not to be taken as any indication of sexual, social or political orientation of such persons or organisations. Tracmaster Ltd assumes no responsibility for unsolicited materials provided by Users and submission of the material by Users is construed as permission to publish without further correspondence.

4.2  Tracmaster Ltd does not warrant that the Content will be error free, nor free of viruses, nor free from defamatory, offensive, infringing or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The Content may include inaccuracies or typographical errors that will be corrected as they are discovered at Tracmaster Ltd’s sole discretion. You acknowledge that Tracmaster Ltd has not undertaken any verification of Content featured on this Site.

4.3  Any photographs or other images featured on this Site are the property and responsibility of the User who submitted them and may not be reproduced without the permission of the person concerned. By submitting a photograph or image to this Site, you grant Tracmaster Ltd permission to use it, either in its original format or altered or cropped, on this Site in any way deemed appropriate by Tracmaster Ltd.

5  Site Links

5.1  This Site links to websites operated by third parties. Tracmaster Ltd does not control these third party websites and is not responsible for their content. The presence on this Site of a link to a website operated by a third party does not imply any endorsement by Tracmaster Ltd. of that third party or of any products or services advertised, or other information or content featured on that website. Nor does it constitute any assurance by Tracmaster Ltd. that that website has in place security measures to protect information which you may submit online.

6  Conduct of Users

6.1  You acknowledge that you are solely responsible for interactions with other Users of this Site and that you are solely responsible for all materials that you publish or post to this Site or transmit to other Users of this Site.

6.2  You agree that by interacting with this Site or providing materials to Tracmaster Ltd. that you are granting Tracmaster Ltd permission to use that material on this Site.

6.3  You agree that you will not publish, post or transmit on this Site material that could reasonably be deemed offensive or abusive in tone, inaccurate, obscene, blasphemous, threatening, harassing, racially offensive, offensive to any religion, or illegal, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). This includes, but is not limited to: the posting of messages to other Users, whether in public areas or using the private messaging system; your choice of public name or Tracmaster ID; and your basic entry and your profile.

6.4  You agree not to post, distribute or reproduce in any way any copyright material, trade marks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

6.5  You agree not to make false claims about the authenticity of photographs or other images. Particularly, any photograph of a person that is posted for inclusion with your profile must be a photograph of you. In all cases you must not use images where you do not have permission to publish the image on a public Internet site.

6.6  You agree not to include in publicly accessible Content on this Site any telephone numbers, street addresses, email addresses. You will not include material on this Site, which contains offensive anatomical or sexual references, or offensive language, and you will not post any photograph or image containing nudity or personal information. Tracmaster Ltd reserves the right, but has no obligation, to reject any text, photograph or other image that does not comply with these prohibitions.

6.7  You agree to use this Site in a manner consistent with all applicable laws and regulations. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials in this Site, except as expressly permitted by the respective owners thereof. All trade marks, service marks, and trade names in this Site are the marks of the respective owners, and any unauthorised use thereof is strictly prohibited.

6.8  You agree not to transmit any chain letters, spam letters, or junk email to other Users, not to participate in mischievous or malicious behaviour which causes damage or may cause damage to Tracmaster Ltd or this Site or any of the computer systems on which this Site resides. You agree not to attempt to bypass any of the security measures implemented on this Site or on any of the computer systems on which this Site resides. 

7  Marketing and Publicity

7.1  Tracmaster Ltd may from time to time obtain publicity for this Site in the marketing press, internet trade press and general popular press, as well as newspapers, magazines and other publications both national and international. You agree that these publications may without Tracmaster Ltd knowledge obtain screenshots or quotations or other publicly accessible material from this Site to be used in such publications that may feature your Tracmaster Ltd or My Tracmaster Ltd folder, entry, profile and/or photograph.

7.2  You agree to release all rights concerning such material as referenced in to Tracmaster Ltd and agree that your entry, profile and/or photograph may be used for such purposes. Tracmaster Ltd agrees that it will contact you for your comments in all cases where it is aware that your information is contained in any such screenshot. Tracmaster Ltd will endeavour to do this prior to any deadline for which the screenshot may be required.

8  Disclaimer of Warranty and Limitation of Liability

8.1  Under no circumstances shall Tracmaster Ltd, nor affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the Content available in this Site or any linked site, even if Tracmaster Ltd is advised of the possibility thereof, nor for any claim by a third party.

8.2  Tracmaster Ltd hereby expressly disclaims any and all warranties, including without limitation, any warranties to the availability, accuracy, or information, products or services, and any warranties of satisfactory quality or fitness for a particular purpose.

8.3  Tracmaster Ltd shall in no event be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of records for any cause of action.

9  Indemnity

9.1  You agree to defend, fully indemnify and keep fully indemnified at all times, and hold harmless Tracmaster Ltd. its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, damages and expenses (including reasonable fees) relating to or arising out of your use of this Site including, without limitation, any infringement of any third party's rights (including without limitation intellectual property rights and rights of privacy and publicity) and any unlawful material you submit to this Site (including without limitation material which is or could be deemed defamatory, obscene, offensive, inaccurate, blasphemous, threatening or illegal), including any breach by you of the terms of this agreement.

10  Severability

10.1  In the event any term or condition of this agreement is prohibited by local or other law, this agreement shall be construed in such a manner as to give force and effect to every lawful provision.

11  Notice

11.1  The terms of use shall be governed in accordance with the laws of England. The terms and conditions of this agreement are subject to change by Tracmaster Ltd at any time on a prospective basis upon notice to Users. Any User's use of this Site following such notice shall indicate the User's acceptance of the new terms and conditions. Tracmaster Ltd may provide notice to Users by email or by a general posting (indicated by the word "Notice") on this Site.

12  Personal Data Protection

Tracmaster Ltd will store all data including your personal information submitted to this Site. If you do not want your personal information to be stored by Tracmaster Ltd. please disconnect from this Site now. By using this Site, you consent to the collection and use by Tracmaster Ltd of your personal information for the purpose of effectively meeting the objectives of Tracmaster Ltd You may withdraw this consent at any time by emailing marketing@tracmaster.co.uk.

Tracmaster Ltd may contact you via email from time to time to update you about functionality changes and new services on offer. You can opt out of these communications by emailing marketing@tracmaster.co.uk.

12.3  Tracmaster Ltd is not responsible for privacy practices of third party websites linked to this Site. Tracmaster Ltd undertakes not to disclose any of your personal information to third parties without your consent. Tracmaster Ltd follows strict security procedures in the storage of your personal information to prevent unauthorised access.

13  Copyrights and Trademarks

13.1  All Content and materials on this Site, save where otherwise expressed, are subject to copyright and are protected by worldwide copyright laws and treaty provisions. No logo, graphic, text, sound or image from this website may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Tracmaster Ltd’s prior written permission. Except as expressly provided herein, Tracmaster Ltd does not grant any express or implied right to you under any patents, copyrights or trademarks.