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mapTraxx Terms of Service and Conditions of Use

Last updated : 22 November 2017

The service

This page (together with the documents referred to in it) sets out the terms and conditions that apply to your use of the

  • mapTraxx website www.maptraxx.com and its related sub-domains (the website)
  • the Android app and/or iOS app

(together The Applications) whether as a guest or a registered user. Please read these terms of use carefully before you start to use the applications.

Information about us

The www.maptraxx.com website and mapTraxx branded apps are operated by KOMODO SOLUTIONS LIMITED ("We"). We are registered in England and Wales as a limited company under company number 6745136 and have our registered office at 146 Whyteladyes Lane, Cookham, Berkshire SL6 9LA. Our VAT number is 943 9438 87.

The Applications use

You agree that

  • As a registered user, you agree to keep your password confidential, and not to allow anyone else access the site using it.
  • As a registered user, you agree not to provide any false information on this website or create an account for anyone other than yourself.
  • As a registered user, you agree not to use any profane or offensive terms within your account information.
  • By using the applications you indicate your acceptance of these terms of use and your agreement to abide by them. If you do not agree to these terms of use you should not use the applications.

We reserve the right to amend these terms at any time. It is your responsibility to review these terms each time you agree to buy any goods or services via the applications.

Accessing The Applications

We reserve the right to withdraw or amend the applications without notice. We will have no liability or responsibility if for any reason the applications are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the applications, or our entire application suite, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using the applications, you must comply with the provisions of any acceptable use policy we publish on the website.

You agree to indemnify (i.e. compensate) us for any loss, damage, cost or expense we suffer as a result of a failure by you to observe and comply with the conditions of these terms of use or any document referred to in them.

We reserve the right to suspend your access to the applications or your registration as a user immediately if you fail to comply, or we have reasonable grounds to believe that you are failing to comply, with any of these terms of use or any document referred to in them.

Transactions concluded through the website

Nothing in this website is intended as a contractual offer capable of acceptance by you as principal or agent.

Cancelling your registration as a user

You can cancel your registration as user of the applications at any time but this will not affect your obligations in relation to any services or information you have already received.

Intellectual property rights

We are the owner or licensee of all intellectual property rights in the applications and the material published on them. Those works are protected by copyright, trade mark and other laws around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the applications for your personal reference and you may draw the attention of others within your organisation to material posted on the applications.

You must not use any part of the materials on the applications for commercial purposes or for any other purpose not permitted by these terms of use without obtaining a licence to do so from us or our licensors.

KOMODO SOLUTIONS and MAPTRAXX and our logos displayed on the websites are trade marks of Komodo Solutions Limited. We acknowledge trademarks of third parties.

Content of the applications

Commentary and other materials provided in the applications are not intended to amount to advice on which reliance should be placed. We will have no liability or responsibility for any reliance placed on such materials by any user of the applications or by anyone informed of any of its contents.

We may change the content of the website at any time. If the need arises, we may suspend access to the website, or close it indefinitely. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

If you have any concerns about material which appears on the applications, please contact us.

Our liability and status

The material and content displayed on the applications is provided without any guarantees, conditions or warranties from us as to its accuracy. To the extent permitted by law, we and other members of our group of companies expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

We will not be responsible to you for:

  • any losses which are not a foreseeable consequence of an act or omission by us relating to the applications. Losses are foreseeable where they could be contemplated by you and us at the relevant time you used the applications
  • loss of income, revenue, business, profits, or contracts
  • loss of anticipated savings
  • loss of or corruption to data
  • loss of goodwill
  • wasted management or office time

Regardless of the previous paragraphs in this section, if we are found to have any liability to you, that liability will be limited to £10.

None of the above affects our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and us as a result of your use of the applications or by you entering into any contract to buy Products.

Information about you and your use of the applications

We process information about you in accordance with our privacy policy. By using the applications, you consent to that processing and you warrant that all data provided by you is accurate.

Uploading material to the applications

Whenever you make use of a feature that allows you to upload material to the applications, or to make contact with other users of the applications, you must comply with the content standards set out in any acceptable use policy we publish on the website. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to the applications will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the applications breaches or infringes their legal rights, including their intellectual property rights and right to privacy.

We will not be liable or responsible to any third party for the content or accuracy of any materials posted by you or any other user of the applications.

We have the right to remove any material or posting you make on the applications if, in our opinion, such material does not comply with the standards set out in any acceptable use policy we publish on the website.

Viruses, hacking and other offences

You must not misuse the applications by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity and relevant personal details to them. In the event of such a breach, your right to use the applications will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the applications or to your downloading of any material posted in them, or on any website linked to them.

Links to and from the website

You may link to our home page (and specific pages using the persistent links we provide for this purpose) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in any acceptable use policy we publish on the website.

Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no liability or responsibility for them or for any loss or damage arising from your use of them.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, use of the applications although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the website.