Terms and Conditions
The small letters to a smooth cooperation.
TABLE OF CONTENTS
1. Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Client refers to the customer utilizing the services of the Company.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Tex Tracer B.V., Koivistokade 76 Unit B, 1013 BB, Amsterdam (which includes successors, representative-in-interest and permitted assigns)
- Data refers to all Your data provided such as text, images, or other information that is posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Service refers to the service provided by the Company through the Website.
- User (also referred to as You, Your) means any natural or legal person who has agreed to become a user of the Website, accessing, or using the Service, including but not limited to brands, suppliers and third parties.
- Website refers to tex-tracer.com, accessible from https://www.tex-tracer.com/ which includes the Company’s applications and platform (including my.tex-tracer.com, dashboard.tex-tracer.com and product.tex-tracer.com)
2. General Terms
These are the Terms and Conditions governing the use of the Service, constituting the legal agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. These Terms are an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures and can be enforced as a written contract.
The use of this Website is further subject to the following terms and conditions:
- You confirm that You are over the age of 18. The Company does not permit those under 18 to use the Services
- The Company will use commercially reasonable efforts to make the Services available, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond its reasonable control, including without limitation, acts of God such as flood, fire, and earthquakes, acts of government, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays. The Company will provide the Services only in accordance with applicable laws and government regulations.
3. Services and Use of Website
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. By entering Your phone number/email address You agree that We may send You notifications, marketing offers, and other reminders. By signing up You provide Your consent to receive communication from the Company.
generally accepted practices or guidelines in the relevant jurisdictions. It is prohibited to access or utilize the Website for any unlawful or unauthorized purposes, or in any manner that violates local, national, or international laws or regulations. Furthermore, You are not permitted to employ the Website in a fraudulent manner or with fraudulent intent. You are solely responsible for Your actions on the Website. It is prohibited to use the content of the website without the prior written approval of the Company.
You are prohibited from:
- Violating or attempting to violate the integrity or security of the Website;
- Intentionally submitting on the Website any incomplete, false, or inaccurate information;
- Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
- Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website;
- Copying or duplicating in any manner any of the Company’s content or other information available on the Website;
- Conducting any systematic or automated data collection activities, including but not limited to scraping, data mining, data extraction and data harvesting on or in relation to our Website Services, without Company’s express written consent;
- Violating any local, state, national or international law;
- Using the website in a way which interferes, disrupts, or hampers with the proper functioning of the website;
- To gain or attempt to gain unauthorized access (other than through the interface that is provided by the Website) to our Website and/or Services;
- To interfere with or disrupt the integrity, security, or performance of our Services;
- To create accounts for our Services through unauthorized or automated means;
- Framing, hotlinking or deep linking any of the Company’s content; and
- Posting materials to any of the Website’s social media pages or otherwise on social media, that are unlawful, fraudulent, libelous, slanderous, defamatory, abusive, harassing, threatening, obscene or infringing on the rights of any third- party, including but not limited to intellectual property, privacy/confidentiality, or publicity rights.
The Company reserves the right to make modifications to the Services without prior notice, as long as these changes do not significantly reduce the usefulness of the Services to You.
Our Service allows You as a Client to provide Data, subject to prior intimation. You are responsible for the Data that You post, including its legality, reliability, and appropriateness. The Company is not liable in this regard. You own all the rights, title, and interest relating to the Data.
You may not transmit any Data that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable content include, but are not limited to the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine-generated, randomly generated, unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
Although regular backups of uploaded data are performed, the Company does not guarantee that there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, among other factors, data that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of data. However, You acknowledge that the Company has no liability related to the integrity of data or the failure to successfully restore data to a usable state. You agree to maintain a complete and accurate copy of any content in a location independent of the Service. In the event that You remove any of Your Data from the Services, the Company may retain Your Data for a commercially reasonable period of time for purposes such as backup, archival, or audits.
5. Reliance on information
The Company’s website provides insightful supply chain information to You as a Client. The journey of Your clothing item is mapped through the Data submitted by You and Your supply chain partners. We urge You to provide required, pertinent, and current data and information. The information presented on our Website is provided to You as is, without any guarantees, and its availability may vary. We do not have control over or influence the transmission of information from You or Your supply chain partners. Although We strive to ensure the accuracy of the data and information We provide, We cannot be held responsible if it is discovered that the source data and information provided to us are incorrect. In addition, We cannot be held accountable for any incomplete or inaccurate data and information received from You. It is explicitly agreed that You will be solely responsible for providing the required data from Your supply chain partners, where applicable.
We do not provide any express or implied representations, warranties, or guarantees regarding the accuracy, completeness, or timeliness of the content/information provided/available on Our Website. It is highly advisable that You independently verify any information before relying on it. By using and relying on the content on Our Website, You acknowledge that We are not liable for any direct or indirect damages that may arise or be related to such use and reliance, or any temporary unavailability of our Website.
Each party warrants that:
- It has full power and authority to execute, deliver, and perform;
- It will adhere to all relevant laws and regulations while using the Services or performing its obligations; and
You represent and warrant that You possess the right to provide the Data Use Rights to the Company without violating the rights of the third parties. You further warrant that Your Data and Your use of the Services do not infringe, defame, or engage in any unlawful or tortious activities. The Company reserves the right to remove data and refuse to provide Services related to any of Your Data that the Company determines to be in violation of the stated warranties.
7. Intellectual property
The Company and its affiliates shall remain the owner of all intellectual property that they own, control, or publish on the Website or that they develop or acquire thereafter, tex.tracer T&C’s version November 2023 respectively. The Service and its original content (excluding Data provided by You), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the country and foreign countries. Our intellectual property rights (trademarks) may not be used in connection with any product or service without the prior written consent of the Company.
Any modification or any other utilization of the content published on the Website on any other website or online platform, without including a link to the specific webpage of the Company’s Website where the content was initially uploaded, will be considered a violation of intellectual property rights. In such cases, the Company may take appropriate legal action to seek redress.
Submitting data to the Website affirms the possession of the legal entitlement, ownership, and authorization to do so. In the event of becoming aware of any infringement, the same shall be reported to the Company via email at hello@tex- tracer.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content.
In case it is established that You are misrepresenting, You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any data is infringing Your copyright.
The platforms of the Clients should not create the impression that the Company is affiliated with them or that the Company supports, endorses, or possesses ownership of the data or information found on those platforms. This includes the products and content displayed on the platforms of the Clients. The brands, suppliers, and other third parties understand that they are solely responsible, and not the Company, for any reliance placed by their respective users on the data and information provided on this website. In addition, the Client’s platform shall not publish incorrect information about this Site or any of Company’s products or services, in any manner.
8. Links to other websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
9. Payment terms
If Your subscribe to the Company’s Services as a client, fees may be paid monthly or yearly as per the individual commitments on receipt of the Company’s invoice.
To facilitate payment for Your use of the service, You may be asked to provide the Company with billing and account details, such as credit/debit card information, online banking credentials, or other authorized payment methods. It is important that You provide the Company with accurate, up-to-date, and complete billing information. Additionally, You are responsible for promptly updating your billing Information to ensure its accuracy and completeness.
If Your payment source is found to be invalid, charges billed to it are declined or unpaid, or if You fail to pay the charges for the Service on time, the Company reserves the right to downgrade, suspend, or cancel Your account at its sole discretion. In the event of an account suspension, the Company may choose, but is not obligated, to retain Your account and/or associated content and information to allow You to settle any outstanding charges and restore Your Account.
In addition to any other available remedies, You are obligated to pay a late fee as specified in Your agreement with the Company for any overdue payments.
Unless expressly stated otherwise, all charges for any paid versions of the Company Service are non-refundable, even if You cancel Your use of the paid version before the end of Your current billing period.
You bear sole responsibility for any taxes, levies, charges, and fees incurred or that may be payable to any relevant taxing authority in relation to the transactions associated with this agreement, except for any Tax Deducted at Source (TDS) liability incurred by the Company. All fees mentioned for using the Company Service are exclusive of any applicable taxes.
10. Your feedback to Us
You assign all rights, title, and interest in any feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non- exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such feedback without restriction.
11. Term and termination
- Your breach of any Terms and Conditions of this agreement; and
- The Company believes, in its sole discretion, that Your actions may cause legal liability for You, other Users, or for the Company, or are contrary to the letter, spirit, and interests of the Company.
Without prejudice, the termination of this agreement for any cause shall not release You from any liability or claim, which at the time of termination has already accrued to You or which may accrue thereafter in respect of any act or omission prior to such termination or which has accrued in consequence of this clause. Upon termination of an Account due to the reasons mentioned herein, You shall no longer have access to the Company’s Services and the content on the Website. You shall ensure to have continuous backup of the Services rendered to You in order to comply with Your record-keeping process and practices. The Company shall have no liability towards You or any third party for such deleted content due to the cancellation or termination of Your access to the Website for any reason whatsoever.
13. Limitation of liability
The Company assumes no responsibility and shall not be liable for any damages to, or viruses that may infect Your equipment on account of Your access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website.
To the maximum extent permitted by applicable law, in no event shall the Company or its affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The Service is provided to You"AS IS" and "AS AVAILABLE", and with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. It also covers warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind regarding the Service. This includes warranties that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.
Furthermore, the Company does not make any representation or warranty, whether express or implied, regarding the following:
- The operation or availability of the Service, or the information, content, and materials or products included therein;
- That the Service will be uninterrupted or error-free;
- The accuracy, reliability, or currency of any information or content provided through the Service; or
- That the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
16. Severability and waiver
17. Translation interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. Disputes resolution and jurisdiction
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. In the event thatno resolution is reached between the parties, the court of Amsterdam shall have the jurisdiction to settle the dispute.
21. Contact Us
If You have any questions about these Terms and Conditions, please feel free to contact us at firstname.lastname@example.org.