TERMS AND CONDITIONS
The TrackingDays App Terms and Conditions of use.
THIS TERMS AND CONDITIONS DOCUMENT WAS REVIEWED ON 26TH JUNE 2024.
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH LAUCO TRADING LIMITED (COMPANY REGISTRATION NO.109268) HAVING ITS REGISTERED OFFICE IN JERSEY AT PO BOX 1075, 28 ESPLANADE, ST HELIER, JERSEY JE4 2QP (“WE”, “US” OR “OUR”) PROVIDES YOU (“YOU” OR “YOUR”) WITH ACCESS TO THE APP (AS DEFINED BELOW).
PLEASE READ THESE TERMS VERY CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON “I ACCEPT”, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE APP. YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
1. Definitions
“App” means the object code form of the “TrackingDays” mobile application(s) available for download;
“Charges” means the charges payable by you to Us for an Upgrade and certain Content and Services offered through the App from time to time, as well as any Subscription Fee;
“Content” means additional features and functionality to the App made available by Us from time to time;
“Device Requirements” means the minimum specifications required for Your mobile device to install and Use all features of the App;
“Login Details” means usernames and passwords provided by Us to You to enable You to access the App;
“Services” means any additional services offered through the App from time to time;
“Subscription” means any annual subscription package to the App, which may be subject to payment of a Subscription Fee, permitting use of an upgraded version of the App granting access to additional functionality, Content and/or Services;
“Subscription Fee” means the annual fee payable by you to us for a Subscription; and
“Upgrade” means an upgrade of any free version of the App, permitting access to the additional Content, as detailed in the App from time to time.
2. Registration
2.1 The App is owned and managed by Lauco Trading Limited. All information supplied through the App is managed by Lauco Trading Limited.
2.2 Lauco Trading Limited can be contacted by writing to Lauco Trading Limited, PO Box 1075, 28 Esplanade, St Helier, Jersey JE4 2QP or by submitting a request at trackingdays.zendesk.com.
2.3 By using the App, You warrant that:
2.3.1 You are legally capable of entering into binding contracts; and
2.3.2 You are 18 years old or above.
2.4 You may use the App for free for 30 days, but you acknowledge that after 30 days, you will only be able to access limited features and functions of the App.
2.5 In order to have access to additional Content, You shall be required to purchase an Upgrade or a Subscription (if available) and register with Us. You can Upgrade at any time. Subscriptions may be offered by us from time to time, at our sole discretion.
2.6 By registering with Us, You consent to Us conducting verification and security procedures in respect of the information provided by You during the registration process. You hereby warrant that the information provided by You to Us is true, accurate and correct. You further warrant that You shall promptly notify Us in the event of any changes to such information provided.
2.7 You shall keep Your Login Details confidential and secure. Without prejudice to Our rights and remedies, We reserve the right to promptly disable Your Login Details and suspend access to the App in the event We have any reason to believe that You have breached any of the provisions set out herein.
3. Use of the App
3.1 Subject to these Terms, We hereby grant to You a non-exclusive, non-transferable, non sub-licensable and terminable licence to download, install and use the App on Your mobile device. This licence is in respect of Your use of the App for Your own personal, non commercial purposes only.
3.2 Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or Your right to Use the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or our licensors contained within the App; or (v) use the App in any manner not expressly authorised by these Terms.
3.3 If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
3.4 We will use our reasonable endeavours to make the App available to You at all times, but We cannot guarantee that the App will be uninterrupted or fault free, or that defects in the App will be corrected.
3.5 We reserve the right to make changes to the App or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, Content or Services available through the App. We also reserve the right to impose additional Charges in respect of certain Content and Services offered through the App, over and above any Charges paid for an Upgrade or any Subscription. The amount of such Charges and the payment terms shall be as detailed on the App or in these Terms from time to time.
3.6 Without prejudice to our other rights and remedies, We reserve the right to temporarily or permanently suspend or disable Your access to the App at any time without notice to You in the event You breach any of the provisions herein.
3.7 In the event that We, in Our sole discretion, consider that you are making any illegal and/or unauthorised use of the App, and/or Your Use of the App is in breach of these Terms, We reserve the right to take any action that We deem necessary, including terminating without notice Your Use of the App and, in the case of illegal use, instigating legal proceedings.
4. Use of Apps
4.1 The ways in which You can use the App may also be controlled by the rules and policies of the app store from which you obtained the App. Where there are differences between the two, the app store’s rules and policies will apply instead of these terms.
4.2 Where You access the App, You acknowledge and agree that:
4.2.1 We are in no way linked, connected or affiliated with Apple, Google, Microsoft or such other mobile “apps” provider;
4.2.2 access to and use of the App may be limited by Your network carrier;
4.2.3 You acknowledge You may not be able to access and use certain functionalities of the App unless You have internet access through a GPRS, 3G, 4G, 5G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to Your agreed terms with Your mobile network provider.
4.2.4 the App will make use of location data sent from your mobile device. You can turn off this functionality at any time by turning off the location services settings for the App on the mobile device, but you acknowledge that turning this off will limit the App’s functionality. If you use the App with location data functionality, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data in order to provide you with the benefit of the App. You may withdraw this consent at any time by turning off the location services settings on your mobile device.
4.2.5 neither Your airtime provider nor any App kiosk or kiosk operator shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
4.2.6 Your airtime provider and any App kiosk or kiosk operator (including but not limited to “Google Play App Store”, “Apple AppStore”, “Amazon Appstore” and “Windows Phone Marketplace”) are third party beneficiaries in respect of this clause 4.2 and accordingly have the right to enforce the provisions of this clause 4.2;
4.2.7 We are solely responsible for providing any support and maintenance in respect of the App; and
4.2.8 You will comply with any applicable third party terms and conditions in Your use of the App.
4.3 Further, where You obtain the App from the Apple ‘AppStore’, You acknowledge and agree that:
4.3.1 You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
4.3.2 You are not listed on any US Government list of prohibited or restricted parties;
4.3.3 these Terms are concluded between You and Us and accordingly Apple is not a party to these Terms;
4.3.4 Apple has no obligation to provide any maintenance and support services in respect of the App;
4.3.5 if the App fails to conform to any warranty herein, You may notify Apple following which Apple will refund You the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
4.3.6 Apple has no responsibility to address any claims by You or any third party whatsoever with respect to the App;
4.3.7 Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
4.3.8 ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc,
5. Your Obligations
5.1 You shall, at all times:
5.1.1 comply with all applicable laws, regulations, directives and legislations in Your Use of the App;
5.1.2 comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of Your Use of the App;
5.1.3 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App;
5.1.4 not use the App and/or any knowledge, information, know-how and/or expertise derived from using the App to commit any criminal or fraudulent act;
5.1.5 not use the App and/or not do anything that shall or be reasonably deemed to infringe any Intellectual Property Rights or other rights of any third parties;
5.1.6 ensure Your mobile device:
5.1.6.1 complies with any Device Requirements to install and use all features of the App; and
5.1.6.2 contains adequate anti-virus protection;
5.1.7 and You acknowledge that We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect Your mobile device due to Your Use of the App.
6. Fees
6.1 The Charges will be as quoted in the App from time to time, except in case of obvious error. All Fees payable hereunder are non-refundable.
6.2 You may pay the Charges using any of the methods of payment as specified in the App from time to time. We reserve the right to refuse any request for an Upgrade, additional Content, Services or any Subscription and suspend your access to the App if it has not received payment of the relevant Charges.
7. Term and Termination
7.1 These Terms will remain in full force and effect while You use the App.
7.2 We may, at any time and for any reason, terminate these Terms with You and deny You access to the App. In the event of termination of these Terms for any reason, You must not attempt to use the App.
7.3 Sections 6 (in the event of any unpaid Charges) 8.1, 8.3, 9, 10, 11 and 12.4 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against You.
8. Intellectual Property
8.1 Other than in relation to any links to third party websites, We own or have a licence to use all right, title and interest in and to the App, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the App or the content contained therein to You. All rights in and to the App or content not expressly granted to You are reserved by Us.
8.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content contained in the App for Your personal use only.
8.3 You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by Us, and doing anything which may be seen to take unfair advantage of Our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Us, without first obtaining Our written permission.
9. Warranties
9.1 Any content, information or material provided to You as part of the App is provided on an ‘as is’ basis for Your convenience only. Such content, information and material does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. To the maximum extent permitted by law, We expressly exclude all representations, warranties, obligations and liabilities in connection with the App, and any content, information or materials provided therein.
9.2 You acknowledge and agree that the primary function of the App is to assist You in being able to keep track of Your time spent in a specific country. You acknowledge that it does not determine Your “resident” or “domiciled” status in any particular country, nor does the App provide any advice in respect of Your tax position. We are not responsible and shall not be liable to You in any way or for any losses incurred by You through any tax calculations You may make based on Your use of the App or any investigations or decisions of any relevant tax authorities in relation to Your status in any particular country.
9.3 Where the App includes views, opinions, advice and recommendations from third parties, these views, opinions, advice and recommendations are not endorsed by Us and, to the maximum extent permitted by law, We shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
9.4 Links to third party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not necessarily endorse the views expressed within them.
10. Liability
10.1 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to the limit specified in clause 10.2, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you these Terms.
10.2 Subject to clauses 10.3 and 10.4, Our maximum aggregate liability under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise shall not exceed the higher of one hundred pounds sterling (£100.00) or the Charges paid by you to Us.
10.3 We shall not be responsible for any:
10.3.1 losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by You and could not have been reasonably foreseeable by You or Us on entering these Terms; or
10.3.2 any loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings, or
10.3.3 any loss of data, including the geo location data recorded by the App and you agree to maintain an adequate back up of such data.
10.4 We accept and do not limit Our liability to You for the following categories:
10.4.1 death or personal injury;
10.4.2 negligent misrepresentation, fraud or fraudulent misrepresentation;
10.4.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
11. Data Protection and Privacy Policy
11.1 We are committed to protecting (i) Your privacy; and (ii) the confidentiality of the information provided by You using the App.
11.2 Under data protection legislation, We are required to provide You with certain information about who We are, how We process Your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy trackingdays.com/privacy. It is important that you read this information.
12. General
12.1 We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
12.2 You may print and keep a copy of these Terms, which form the entire agreement between You and Us and supersede any other communications or advertising with respect to the App.
12.3 These Terms may only be modified with Our prior written consent. We may need to alter or amend these Terms to reflect changes in the law or to deal with changes in the App’s features. We will give you at least 5 days’ notice of any change by notifying you of a change when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App and you may apply to the app store for a refund, which will reflect the period the App has been available to You prior to cancellation.
12.4 These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England.
12.5 You shall comply with all foreign and local laws and regulations which apply to Your use of the App in whatever country You are physically located, including without limitation, consumer law, export control laws and regulations.
12.6 You agree that because of the unique nature of the App, and Our proprietary rights therein, a demonstrated breach of these Terms by You would irreparably harm Us and monetary damages would be inadequate compensation. Therefore, You agree that We shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
12.7 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
12.8 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
12.9 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
12.10 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Us and such third parties shall not be entitled to enforce any term of these Terms against Us.
12.11 If You feel that any materials appearing on the App are offensive, objectionable or potentially defamatory please contact Us by submitting a request at trackingdays.zendesk.com providing full details of the nature of Your complaint and the materials to which the complaint relates.