TERMS OF SERVICE

Hello! TrackDuck is now brought to you by InVision. As part of the transition process, we are updating our Terms of Service and want to give you plenty of notice.

Users signing up after June 12, 2017 should note that they are agreeing to the updated InVision Terms of Service and not terms listed below.

For users who signed up prior to that date, please note that the Terms of Service applicable to this website and service set forth below shall be updated effective as of July 12, 2017, to the InVision Terms of Service.

 

Here at the TrackDuck we believe in bringing the best services to the customer and we ask you to read the following Terms of Service carefully.

In using this website You are deemed to have read and agreed to the following terms and conditions, otherwise You should stop using our website and other Services immediately:

The following terminology applies to these Terms and Conditions, Privacy policy and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the TrackDuck terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to TrackDuck. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization are taken as interchangeable and therefore as referring to same.

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party unless legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request.

Communications

You consent to receive communications from TrackDuck electronically. TrackDuck will communicate with you by e-mail transmission or by posting to this website. You agree that all communications that TrackDuck provides to you electronically satisfy any legal requirement that such communications be in writing.

Account and use of the website

TrackDuck hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the services/products through a user identification reference. This license does not permit you to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the services/products or otherwise distribute in any way the services/products. Any use of the services/products for any purpose other than as specifically permitted herein or without our prior written consent is expressly prohibited.

We reserve all rights not expressly granted in this Agreement.

Passwords and Security

You must be a registered user to access the Service. The password will be provided to You after a successful registration. Password is Your responsibility and You are responsible for keeping Your password secure. You will be solely responsible and liable for any activity that occurs under Your user name. If Your password is lost You must immediately receive a new password from us otherwise we will deem that any activity that occurs under Your user name is Your direct will.

Fees

All prices for the Products are stated on the Website, are in dollars (unless otherwise specified on the Website) and are exclusive of VAT. By signing up for our services You agree to pay TrackDuck the specified monthly fees except for the free membership. Applicable fees will be invoiced starting from the day Your access is established and in advance of using such services. TrackDuck reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to You.

Charge-back / Refund Policy

TrackDuck will transfer the specific amount of funds if and only if such amount was transferred by an error. Such notification by Client must be made immediately. TruckDuck will not refund any amount of funds if it was made intentionally.

TrackDuck has a zero tolerance policy for charge-backs. We will always check if the payment was done correctly and in such case that it was so, we will not charge-back the funds to the Client’s account.

No Warranties or Representations

The Service on this website is provided on an”as is” basis. To the fullest extent permitted by law, TrackDuck:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the TrackDuck literature and/or other services/products;
  • excludes all liability for damages arising out of or in connection with Your use of this website. This includes, without limitation, direct loss, loss of business or profits, damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Limitation of Liability

In no event shall TrackDuck be liable for any direct, indirect, incidental, special, or consequential damages that result from or in connection with the use of, or the inability to use, the website or any content, services or any product sample obtained through the website, even if TrackDuck has been advised of the possibility of such damages.

Indemnity You agree to indemnify and hold harmless TrackDuck, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from Your (or anyone acting under Your password or user-name) use of this website, connection thereto, or any alleged violation by You of these Terms of Use.

Termination of Service

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any funds that have been paid to us which constitute payment in respect of the provision of unused Services, shall not be refunded. Conditions TrackDuck reserves the right to change these conditions from time to time as it sees fit and Your continued use of the site will signify Your acceptance of any adjustment to these terms. If there are any changes to our Privacy policy, we will announce that these changes have been made on our website. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail will be made to those affected by this change. Any changes to our Privacy Policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Intellectual Property

By using this website You acknowledge that this Agreement does not transfer from TrackDuck to You any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TrackDuck. All intellectual property rights are protected by European law and International intellectual property laws. By this agreement You are bound not copy, reproduce, alter, modify, or create derivative works from the Service.

Use of Re-marketing in Online Advertising

We use the re-marketing or similar audiences feature in our website and we would like to inform You of the following:

  1. We are using re-marketing or similar audiences to advertise online as a tool to follow up with website visitors who do not make a desired action on the website, usually to understand our own service and to improve it for future customers.
  2. Third party vendors, including Google, show TrackDuck ads on sites on the internet.
  3. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to this website.
  4. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. Alternatively users may opt out of a third party vendor’s use of cookies by visiting the Network Advertising Initiative opt out page.

Force majeure

A party shall be entitled to invoke Force majeure if the execution or the performance of the Agreement is, in whole or in part, temporarily or not, prevented or impeded by circumstances reasonably beyond its control, including but not limited to: (i) site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclemency, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage; (ii) delay in or cancellation of the delivery to Trackduck of products/services ordered from third parties; or (iii) governmental, legal or regulatory restrictions. Your inability to fulfill Your payment obligations will not be regarded as force majeure.

As soon as it has become evident that the situation of Force majeure will last for more than 3 (three) months, both You and TrackDuck may terminate the Agreement, without any obligation to compensate each other.

Privacy

TrackDuck respects Your right to privacy of Your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage Your personal information.

Trademarks

“TrackDuck” and “www.trackduck.com” are trademarks of TrackDuck. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of TrackDuck. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

Dispute settlement procedures

This Agreement and all of the rights and obligations arising from this Agreement are applicable to the laws of the Republic of Lithuania, European law, International law. Agreement is made and shall be construed in accordance with the European Law. Disputes between the Parties shall be solved by negotiation. Failure to resolve the dispute by negotiation, such dispute shall be settled in competent court in Vilnius, Lithuania, save as otherwise prescribed by mandatory law.

Other provisions

If at any time TrackDuck does not enforce compliance with one or more provisions of this Terms of use, this does not constitute a waiver of the right to do so at a later time.

If any provision of this Terms of use is null and void or is annulled, this will not affect the validity of the other provisions. This Terms of use is not in any way intended to depart from mandatory domestic European and International consumer law.

If there are any questions regarding Terms Of Use and/or Privacy Policy please do contact us at [email protected].