General Terms of Use

 

LAST UPDATED: 23rd March 2018

 

1 We are Trailblazer Tracking Limited and we own and operate this mobile application and website (Site). The word Site and App shall have the same meaning.

2 Your use of the Site is subject to these Terms of Use . By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these  on the Site. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these  Terms of Use will constitute your acceptance of those changes.

3 You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

4 We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use ).

5 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available  and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

6 The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make  copies of any such content without our express prior permission.

7 We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

7.1 All conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use;

and

7.2 Any and all liability to you, whether arising under these  Terms of Use or otherwise in connection with your use of the Site.

7.3 Any and all liability to you arising under these Terms of Use or otherwise in connection with the use of the Site for the purposes of the collation and storage of information relating to your obligations in respect of Continuing Professional Development or similar obligations. It is hereby expressly agreed that those parts of the Site dealing with Continuing Professional Development information and data are only to be used for the provisions of storing and collating that data and that it is your sole responsibility to successfully and properly to carry out and complete your Continuing Professional Development obligations and to report all required information to the relevant Professional body or bodies.

7.4 Any and all liability to you whether arising under these Terms of Use or otherwise in connection with your use of the Site in respect of the provision of financial advice and professional advice. It is hereby expressly agreed that it remains your sole responsibility to advise your clients and customers as you see fit in accordance with your professional and legal obligations.

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

8 Your permission to use the Site is personal to you and non-transferable. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

8.1 Use the Site for any fraudulent or unlawful purpose;

8.2 Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

8.3 Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;

8.4 Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;

8.5 Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

8.6 Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

8.7 Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;

8.8 Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;

8.9 Frame or mirror any part of the Site without our express prior written consent;

8.10 Create a database by systematically downloading and storing Site content;

8.11 Share with any other person or allow any other person your pin and other login details for the site. You must tell us immediately if you think someone else might know your security details by calling

8.12 Fail to delete the App from any device if you change your device or if you dispose of it;

8.13 Use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

We reserve the right to revoke these exceptions either generally or in specific instances.

9 The Site may provide links to other applications, websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites

and resources is at your own risk.

10 We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy at www.trailblazertracking.co.uk.

11 These  Terms of Use are effective until terminated. We may terminate your access to or use of the Site in accordance with these Terms of Use. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

12 Without prejudice to the other remedies or rights we have we may terminate this agreement, at any time, on written notice to you if:-

12.1 You are in material breach of your obligations under these Terms of Use and where the breach is capable of remedy within 28 days you have not remedied the breach within 28 days of receiving written notice which specified the breach and requires the breach to be remedied; or

12.2 If you become insolvent or if an order is made or a resolution is passed for your winding up (other than voluntarily) for the purpose of solvent amalgamation or reconstruction, or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of your assets or business or if you make any composition with your creditors or take or suffer any similar or analogous action in consequence of debt.

12.3 Without prejudice to the remedies or rights we have we may terminate this agreement, at any time, on 1 months prior written notice.

12.4 You may terminate this agreement at any time after the first 12 months of the agreement on 1 months prior written notice to us.

12.5 If this Agreement is terminated for any reason we will as soon as reasonably practicable delete all information we hold about you.

13 We shall not have any liability to you or be deemed to be in breach of these Terms of Use for any delays or failures in performance of our obligations that result from circumstances beyond our reasonable control. If you are affected by such circumstances you must promptly notify us in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances exist for a continuous period of more than 3 months either of us may terminate this agreement by written notice to the other party.

14 These Terms of Use contain the whole agreement between us and supersede and replace any prior written or oral agreements, representations or understandings between us. You confirm that you have not entered into these on the basis of any representation that is not expressly incorporated into the Terms of Use.

15 Your use of the Site shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or any other relationship between us other than the contractual relationship expressly provided for in the Terms of Use . Neither you nor us has nor will represent that it has any authority to make any commitment on the other party’s behalf.

16 Each Party (Receiving Party) shall keep the confidential information of the other Party (Supplying Party) confidential and secret, whether disclosed to or received by the Receiving Party. The Receiving Party shall only use the confidential information of the Supplying Party for performing the Receiving Party’s obligations under the Agreement. The Receiving Party shall inform its officers, employees and agents of the Receiving Party’s obligations under the provisions of this clause, and ensure that the Receiving Party’s officers, employees and agents meet the obligations.

  1. The obligations set out in clause 16 shall not apply to any information that:
  2. was known by or in the possession of the Receiving Party before the Providing Party provided it to the Receiving Party;
  1. is, or becomes, publicly available through no fault on the part of the Receiving Party;

iii. Is provided to the Receiving Party without restriction or disclosure by a third party, who did not breach any confidentiality obligations by making such a disclosure;

  1. Was developed by the Receiving Party (or by someone acting on its behalf) who had no direct access to, or use or knowledge of the confidential information supplied by the Supplying Party; or
  2. Is required to be disclosed by order of a court of competent jurisdiction.
  3. This clause 16 shall survive termination of this Agreement for a period of 6 years.

17 Pricing

Any payment made by you to us is inclusive of any VAT payable.

18 The registered office of Trailblazer Tracking Limited is 35 Carlton Road Worksop Nottinghamshire S80 1PD. Trailblazer Tracking Limited is registered in England and Wales under company number 10404576.

19 These  Terms of Use will be governed by and construed in accordance with the laws of England, and the courts of England will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.

20 You can contact us at 35 Carlton Road Worksop Nottinghamshire S80 1PD, by email customerservices@trailblazertracking.co.uk.

21 [The site uses cookies. For information on which cookies we use and how we use them please see our cookies policy.]

22 Complaints Procedure

In the unlikely event that our service falls below your expectations please send an e-mail to complaints@trailblazertracking.co.uk outlining the details of your concerns. You will then receive a full response to the issues which you have raised within 14 days of the date of our receipt of your email.