The following terms shall have the following meaning:
User means a person that has registered to obtain our Products or Services;
Products means those products supplied by TrackIt and purchased by the User;
Services means those services provided by TrackIt and selected by the User;
Website means www.trackit.co.nz.
2. PROVISION OF SERVICES
2.1 TrackIt shall make commercially reasonable efforts to make the Services always available to the User and shall restore the Services as soon as reasonably possible in the event of any interruption. TrackIt shall not be liable for any failure to provide the Services.
2.2 TrackIt does not warrant that the Services will be error free or uninterrupted.
3. NO WARRANTIES
TrackIt does not give any warranties (including, without limitation, as to merchantability or fitness for a particular purpose or use). Without limitation to this clause, TrackIt does not warrant that access to the Website will not expose the User to viruses or other harmful items and no assurance can be given that the Website or any linked website will not harm or cause loss to the User, or the User’s computer or network.
4. ACCESS TO THE SERVICES
4.1 The User shall have a username and password (specified by the User) that enables the User to access the Services.
4.2 The User is responsible for maintaining the confidentiality of the username and password and is not entitled to disclose the username or password to any other person.
5. USE OF PERSONAL INFORMATION
5.1 If the User is an individual, TrackIt and its agents are authorised to collect information about the User. This information may be used for enabling access to the Services, statistical analysis, research and marketing purposes.
5.2 The User can request access to and correction of any personal information held by TrackIt about the User. Any such request must be in writing and TrackIt, at its discretion, may charge for any costs reasonably incurred in responding to such a request.
Without prejudice to any other rights, TrackIt may without notice terminate its contract with the User immediately if the User fails to comply with any of these terms and conditions, or if TrackIt ceases to supply any Services. Customers wishing to cancel subscription based services must provide at least 30 days written notice of cancellation.
TrackIt does not allow refunds or exchanges on any of its products or subscriptions. All sales are final.
8. EXCLUSION OF LIABILITY
To the maximum extent permitted by law, TrackIt excludes all and any liability to the User arising out of the contract between TrackIt and the User. Notwithstanding and without limiting any provision of these terms and conditions, any claim brought by the User against TrackIt must be served within one year following the date on which the cause of action accrued.
The User indemnifies TrackIt against all and any losses, costs (including legal costs on a solicitor client basis), expenses and damages, whether direct or indirect, arising from or in connection with a claim by a third party against TrackIt relating to Services obtained by the User.
The User may not assign its rights under the contract between TrackIt and the User.
If any provision of these terms and conditions is found to be invalid or unenforceable to any extent, the remainder of the terms and conditions shall not be affected and shall remain enforceable to the greatest extent permitted by law.
TrackIt reserves the right to alter these terms and conditions at any time. TrackIt will endeavour to provide reasonable notice to the User of any variation by posting the new terms and conditions on the Website and by emailing to the User at the last postal address, facsimile number or email address which the User has notified to TrackIt.