Last update: 07 Dec 2018

Welcome to Trak.ink’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

By signing up for the Trak.ink Ltd. service (“Service”) or any of the services of Trak.ink Ltd., (“Trak.ink Ltd.”) you are agreeing to be bound by the following terms and conditions (“Terms”). Any new features or tools which are added to the Service shall be also subject to the Terms unless stated otherwise. Trak.ink Ltd. reserves the right to update and change the Terms by posting updates and changes on the Trak.ink Ltd. website. You are advised to check the Terms from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Term, including without limitations the Privacy Policy listed herein before you may register for a Trak.ink Ltd. Account (as defined below). By activating your Account (as defined below), you are agreeing to these Terms.

  1. Account Terms
    1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
    2. To access and use the Services, you must register for a Trak.ink Ltd. account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Trak.ink Ltd. may reject your application for an Account, or cancel an existing Account, for any reason, in its sole discretion.
    3. You acknowledge that Trak.ink Ltd. will use the email address you provide as the primary method for communication. In addition, you acknowledge that by connecting the Service with any third parties’ accounts owned by you or on your behalf, you hereby grant Trak.ink Ltd. to access any such third parties’ accounts via applicable APIs, for the sole purpose of enabling the interoperability of such third parties’ services with the Service.
    4. You are responsible for keeping your password secure. Trak.ink Ltd. cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
    5. You are responsible for all activity and content such as data, graphics, photos, videos and links that is posted using your Trak.ink Ltd. Account (“User Content”). You must not transmit any worms or viruses or any code of a destructive nature.
    6. A breach or violation of any term in the Terms as determined in the sole discretion of Trak.ink Ltd. will result in an immediate termination of your services.
  2. Trak.ink Ltd. Rights
    1. Trak.ink Ltd. reserves the right to modify or terminate the Service for any reason, without notice at any time.
    2. Trak.ink Ltd. reserves the right to refuse service to anyone for any reason at any time.
    3. Trak.ink Ltd. may, but have no obligation to, remove User Content and Accounts containing content that it determine in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    4. Trak.ink Ltd. reserves the right to provide the Service to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Trak.ink Ltd. employees and contractors may also be Trak.ink Ltd. customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
    5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  3. Limitation of Liability
    1. You expressly understand and agree that Trak.ink Ltd. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
    2. In no event shall Trak.ink Ltd. or any of its third parties suppliers or affiliates shall be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms (however arising including negligence).
    3. Notwithstanding the above, the entire and total liability of Trak.ink Ltd. with respect to losses you may incur pursuant to price discrepancies during a system failure which may cause items to be sold by you below their value at time of purchase shall be limited to the aggregate sum of fees paid by you in the one (1) month period immediately preceding the most recent event giving rise to liability under this section 3.3. The burden of proof with respect to such losses will be yours.
    4. You hereby agree to indemnify and hold Trak.ink Ltd. and any of its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including without limitation in connection with third parties accounts to which you have provided Trak.ink Ltd. with access to pursuant to Section 1.3 above, due to or arising out of your breach of these Terms or such third parties accounts terms of use, or your violation of any applicable law.
    5. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
    6. Trak.ink Ltd. does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
    7. Trak.ink Ltd. does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
    8. Trak.ink Ltd. does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
    9. It is hereby agreed, understood and clarified that any listings made by you through the Service are yours alone and that you are fully and solely responsible for such listings, whether with respect to your customers, suppliers, or any third parties services you purchase from or selling in, or otherwise grant Trak.ink Ltd. access to.
  4. Intellectual Property and Customer Content
    1. Trak.ink Ltd. does not claim any intellectual property rights over the material you provide to the Trak.ink Ltd. service. All material you upload remains yours. You can remove your Trak.ink Ltd. account and/or listings at any time by deleting your Account and/listings.
    2. Trak.ink Ltd. will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  5. Cancellation and Termination
    1. You may cancel your Account at any time by cancelling payments via Paypal, express checkout products and services are not refundable and you cannot cancel them.
    2. Upon termination of the Services by either party for any reason:
      1. Trak.ink Ltd. will cease providing you with the Services and you will no longer be able to access your Account;
      2. Unless termination occurs within 72 hours of your registration, which in this case you shall be entitled to a refund of the first months fee, you will not be entitled to any refunds of any Fees, pro rata or otherwise, unless otherwise provided in the Terms of Service.;
      3. Any outstanding balance owed to Trak.ink Ltd. for your use of the Services through the effective date of such termination will immediately become due and payable in full;
    3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
    4. We reserve the right to modify or terminate the Trak.ink Ltd. Service and/or your Account for any reason, without notice and at any time.
    5. Fraud: Without limiting any other remedies, Trak.ink Ltd. may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
    6. You have the right to cancel fourteen (14) days from the date of payment.
  6. Modifications to the Service and Prices
    1. Prices for using the Services are subject to change upon a written notice from Trak.ink Ltd.. Such notice may be provided at any time by posting the changes to the Trak.ink Ltd. Site (trak.ink). It is hereby clarified that no changes in prices shall apply retroactively and will only apply to future invoices, regardless of the date of such change of price notice.
    2. Trak.ink Ltd. reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
    3. Trak.ink Ltd. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  7. Third Party Services
    1. In addition to these Terms, you also agree to be bound by additional third parties terms of services applicable to your usage of the Service, including without limitation, any listings made by you via the Service.
    2. Trak.ink Ltd. does not provide any warranties with respect to interoperability with third parties services or accounts. You acknowledge that Trak.ink Ltd. has no control over third parties services or accounts, and shall not be responsible or liable to anyone for such third parties’ services or accounts. The availability of third parties’ services and accounts through the Service, including the or interoperability of such third parties’ services and accounts with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Trak.ink Ltd..
    3. If you provide Trak.ink Ltd. with access to a third party account for use with the Service, you grant Trak.ink Ltd. permission to access any applicable data and to take any other actions as required for the interoperation of the third party services with the Service, and any such exchange of data or other interaction between Trak.ink Ltd. and the third party provider is solely on your behalf and therefore remains between you and such third party provider. Trak.ink Ltd. is not responsible for any disclosure, modification or deletion of your data or User Content, or for any corresponding losses or damages you may suffer, as a result of Trak.ink Ltd. access to a third party service or account, including without limitation, any repercussions imposed by such third party services to your data or User Content.
    4. Under no circumstances shall Trak.ink Ltd. be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any third party services or your contractual relationship with any third party provider. These limitations shall apply even if Trak.ink Ltd. has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
    5. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Trak.ink Ltd. partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
  8. Privacy Policy
    1. Trak.ink Ltd. may share your User Content and non-identifiable information with its affiliates. Their use of information shall be limited to these Terms.
    2. Trak.ink Ltd. may also store non-identifying information which does not identify you and was provided to us through your use of the Service and the Registration of your Account, including without limitation, any of your third party’s accounts.
    3. Like many websites, Trak.ink Ltd. use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions or all functionality of the Service. We may disclose information if required by competent law enforcement authority according to a court order or other legal provision.
  9. Miscellaneous
    1. Technical support is only provided to paying Account holders and is only available via Trak.ink Ltd. website.
    2. The Terms shall be governed by and interpreted in accordance with the laws of the Republic of Bulgaria, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Republic of Bulgaria with respect to any dispute or claim arising out of or in connection with the Terms of Service.
    3. You may not use the Trak.ink Ltd. service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) or the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service.
    4. The failure of Trak.ink Ltd. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and Trak.ink Ltd. and govern your use of the Service, superseding any prior agreements between you and Trak.ink Ltd. (including, but not limited to, any prior versions of this Terms).
    5. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
    6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Trak.ink Ltd..
    7. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Trak.ink Ltd., is governed by its privacy policy at Bulgaria.