Terms of service

Introduction and Definitions

("Tracka"), ("Us"), ("We"), ("Company"), ("Website"), ("App") agrees to furnish services to the ("User"), ("Customer"), ("You") subject to the following ("Terms of Service"), ("Terms"), ("Conditions"), ("Agreement").

1. Your Account

  1. Account details MUST be correct, accurate and up-to-date, as required by law. We are legally required to cease provision of any services where account details are missing or false.

  2. Only one Tracka account is permitted per person. In order to register on our app, you are required to have a valid and unique email address. You may not use, or allow any individual to use, an account that is not in their name. Any person that would like to have access to our app should have their own account.

2. Service Availability

  1. We make reasonable efforts to ensure services are available 24 hours a day, 7 days a week. Sometimes, however, for a number of reasons, services may be unavailable to you. You recognize and acknowledge that on occasion, an event will occur causing services will be unavailable. We make no representation or warranty that our services will be uninterrupted.

3. Legal Obligations

  1. Tracka under no circumstances, shall be held liable for any data loss, disruption of information, or distribution of information including but not limited to that of unauthorized access to our server systems or any other loss of data.

  2. We will not be liable for delays or failure in performance caused by acts of God, war, terrorism, strike, labor dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond our control.

  3. We reserve the right to restrict, alter, or modify fees, benefits, rules, regulations, special offers, membership terms and conditions or terminate services at any time and without notice.

4. Threats

  1. Using of Tracka services to transmit any material (by uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property (online or not) is strictly prohibited.

  2. Harassment using Tracka services to transmit any material (by uploading, posting or otherwise) that harasses another is not allowed and will be punished by law.

  3. Harassment of staff is taken seriously, and legal action may be taken following termination of account(s).

5. Our App

  1. We cannot assure that our app is completely free from exploits. If a user is caught exploiting any area of Tracka, their account will be permanently terminated.

  2. We reserve the right to modify any of the information on the site at any given time.

  3. We are not affiliated with any third party company unless specified.

  4. Any trademarks and copyrights remain properties of their respective owners.

6. Confidentiality

  1. Without prejudice to the powers granted to the Client in the Agreement and Terms & Conditions, both parties will keep any confidential information confidential, whether in writing or orally communicated. Except for prior written consent of the other party, both parties will not make the information and data carriers outside the framework of the Agreement and/or Terms insofar as this is permitted and required to perform the agreed services.

  2. The parties will guarantee that their staff and any third parties will commit in writing to comply with these confidentiality provisions.

  3. User will not make public and/or hand over communication with Tracka to third parties and/or allow them to view these. This will include made calls, e-mail exchanges, support tickets, quotations, instant messaging conversations with similar articles.

  4. None of both parties will report details of the Agreement and/or Terms & Conditions party in publications or commercial expressions without written permission of the other party.

7. Contact

If you have any questions, concerns or require help in regards to any of our agreements, please contact us using the below contact details.

Legal email: legal@tracka.sport

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of our services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.