Terms & Conditions
untrek.com makes available on this untrek.com and all site-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). By using the Site, you agree to be bound by these terms and conditions.
By using the service, you affirm that you are of legal age to enter into this Agreement (which is 18 in most countries), or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement, and that your parent or guardian has agreed to be liable for your acts and omissions. Please carefully read all of the following terms and conditions before using our service. Using our service is equivalent of your signature and indicates your acceptance of these Terms and Conditions and that you intend to be legally bound by them. If you do not agree with these Terms and Conditions, in whole or in part, please do not use the Service.
This Agreement is made between Untrek.com, on the one hand, and each Site visitor and/or Member, on the other hand (including all Site visitors or Members that are entities, individuals, employers, job candidates, employees and general visitors of the Site) (individually and collectively referred to herein as “you”). We reserve the right at any time to:
- Change the terms of this Agreement,
- Change the Site, including eliminating or discontinuing any content on, feature of or service made available through the Site; or
- Change any fees or charges for use of the Site.
Any changes we make will be effective upon notice, which we may provide through various means including, without limitation, posting the updated version on the Site or notice via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version.
PAYMENT METHODS for listings
In order to use certain Site Services, Client must provide account information for at least one valid Payment Method in case of purchasing Listing Packages or ads.
By providing Payment Method information through the Site and authorizing payments with the Payment Method, Client represents, warrants, and covenants that:
- Client is legally authorized to provide such information;
- Client is legally authorized to make payments using the Payment Method(s)
- if Client is an employee or an agent of a company or person that owns the Payment Method, that Client is authorized by the company or person to use the Payment Method to make payments on Untrek.com and
- Such actions do not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Site, Client represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, Untrek.com is not liable to any User if Untrek.com does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Untrek.com will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement.
FOREIGN CURRENCY CONVERSION
The Site and the Site Services operate in U.S. Dollars. If Client’s Payment Method is denominated in a currency other than U.S. Dollars and requires currency conversion to make payments in U.S. Dollars, the Site may display foreign currency conversion rates that Untrek.com . These foreign currency conversion rates adjust regularly based on market conditions. Please note that the wholesale currency conversion rates at which we or our Affiliates obtain foreign currency will usually be different than the foreign currency conversion rates offered on the Site. Client, at its sole discretion and risk, may authorize the charge or debit of its Payment Method in a supported foreign currency and the conversion of the payment to U.S. Dollars at the foreign currency conversion rate displayed on the Site.
We will update the list of authorized currency affiliates time to time for your convenience.
CODE OF CONDUCT
You hereby agree to follow all the policies of Untrek.com which may revised from time to time and also you will not involve in any kind of fraudulent or unethical activities.
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. Untrek.com MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, untrek.com DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or any Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.
REMOVAL OF CONTENT FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED.
In Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, Untrek.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a User of the Website, please tell us immediately or fill out a Notice of Infringement form and email us. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Freelancer to locate the material.
(d) Information reasonably sufficient to permit the Freelancer to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(g) Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent
Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided above.
However, we do comply with the regional and International laws of copyrights and follow the regional process as well.
You may not use, or permit the use of, any trademarks, trade names or service marks in connection with the UNTREK.COM except those set forth in the terms or as fair usage policy or except as we otherwise direct in writing. You may use the Trademarks only in connection with such products and services as we specify and only in the form and manner we prescribe in writing. You must comply with all trademark, trade name and service mark notice marking requirements. You may use the Trademarks only in association with products and services approved by us and that meet our standards or requirements with respect to quality, mode and condition of storage, production, preparation and sale, and portion and packaging.
In order to access and use certain sections and features of the untrek.com, you must first register and create an account with untrek.com (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the untrek.com Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
All services which assume to be paid i.e. SEO, web designing, web development, web maintenance, hosting, sponsorship, paid listings, paid advertisements will be the sole property of untrue.com . You claim no ownership right over any services taken under the terms of listing packages. All these services shall be considered as prepaid services.
Untrek.com is the sole owner of all the copyright works and work provided under the services mentioned in the listing packages. It shall not be considered as “Work for Hire”.
In case you choose to discontinue the services, all services provided by untrek.com shall be withdrawn forthwith without any prior notice.
In case you failed to pay the renewal fee, your service will be withdrawn and if you wish to restore again, there will be charge of $300 + service fee to restore the untrek.com services.
The use of certain Untrek.com Services may be subject to payment of particular fees, as determined by Untrek.com in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Untrek.com will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Untrek.com reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Untrek.com shall have the right to automatically and without notice renew your subscription to such Untrek.com Service(s) at the full applicable Fee.
Your Account shall be suspended immediately (i.e. SEO, web designing, web development, web maintenance, hosting, sponsorship, Paid listings, Paid advertisements) if you stop using our services or stop the renewal payments or in case violate our Terms of Service Agreement.
DISCLAIMER AND NON-WAIVER OF RIGHTS
Untrek.com makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms, and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of USA.
The materials on Untrek.com Website are provided “as is”. Untrek.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Untrek.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Untrek.com nor the Website has control over the quality or fitness for a particular function of a product. untrek.com likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
The website and all details, content, materials, products (including application) and services consisted of on or otherwise made available to you through this website are provided by Untrek.com on an “as is” and “as available” basis, unless otherwise specified in writing. Untrek.com makes no representations or warranties of any kind, express or implied, about the operation of this website or the info, material, materials, products (including software) or services consisted of on or otherwise made available to you through this site, unless otherwise pointed out in writing. You expressly agree that your use of this website is at your own risk. To the complete extent permissible by applicable law, Untrek.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and physical fitness for a particular purpose. Untrek.com does not warrant that this website; details, content, materials, products (including software application) or services consisted of on or otherwise made available to you through the site; its servers; or email sent from Untrek.com are without viruses or other harmful elements. Untrek.com will not be liable for any damages of any kind arising from the use of the website or from any details, content, materials, products (including software application) or services consisted of on or otherwise made available to you with this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise pointed out in writing. Under no scenario shall Untrek.com liability developing from or in connection with the website or your use of the website, despite the reason for action (whether in agreement, tort, breach of service warranty or otherwise), go beyond $100.
You are connecting with us electronically when you go to the website or send out emails to us. Your consent to get interactions from us online. We will connect you by email or by uploading notifications on the Site. You concur that all contract notifications, disclosure, and various other matters communicates to you digitally, provided that, in case of any legal requirements that such communications be in writing.
Our Legal Terms shall be treated as though it were executed and performed in the United States and shall be governed by and construed in accordance with the laws of the United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Untrek.com under our Legal Terms shall survive the termination of our Legal Terms.
These Terms shall be governed by and interpreted and enforced in accordance with, the laws of the United States, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will make reasonable efforts to provide at least 60 days’ notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
If you have any questions about these Terms, Please Contact Us.
All personal data is stored and process in accordance with the United States Federal Trade Commission and Data Protection Act.
Children under 18 are strictly prohibited
Untrek.com does not direct its services to persons under the age of 18. If you are under 18, you may use Untrek.com only with the involvement of a parent or guardian. We do not solicit or knowingly collect any online information from children under the age of 18 without prior verified parental consent.
If you become aware that a child has provided Untrek.com with personal information without parental or guardian consent, please contact us at email@example.com immediately so that we may take steps to remove such information.
SAFE AND SECURE SHOPPING
Our Services involves providing information about yourself that shall be collected, used and disclosed. We shall obtain information that may include your age, name, home address, marital status, phone number, income, credit history, medical information, employment information, education and social insurance numbers or such governmental registration numbers as may be applicable to provide the Service to you and to comply with all laws regarding the collection, use & disclosure of personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of personal information & allowing you to request access to, and correction of, your personal information.
We only collect personal information that is necessary to fulfill the following purposes:
- Identify you
- Understand your needs and eligibility for products and services
- Other legal reasons as it may apply to the Service requested
- Provide ongoing service
- As required by ‘Terms of Service or Terms and Conditions’
- Open and manage an account if may required
- Comply with legal requirements
You can expect us to protect your privacy. Your information and the business you do with us is kept in strict confidence. Only authorized personnel have access to your information. You may request correction to your personal Information to ensure its accuracy and completeness. A request must be in writing and provide sufficient detail to identify your Personal Information through e-mail and the correction being sought.
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics. In addition, we may use third party services, such as Google Analytics, that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information, which for that reason, you express acknowledge that we are not responsible and/or liable for the way how said third parties will render/use your personal information. When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics.
HOW DOES Untrek.com USE YOUR CONTACT INFORMATION?
We use your contact information for the following purposes:
- Register you as a user on our website;
- Manage and/or maintain your user account and wish list on our website;
- Process and deliver purchases, returns, backorders etc;
- Communicate with you and provide customer support;
Let you know about products, promotions and events that might be of special interest to you;
If for some reason you would prefer not to receive emails from Untrek.com simply email a request to firstname.lastname@example.org with the word “UNSUBSCRIBE” in the subject line. Please note that any requests to remove or update your contact information may take seven to ten working days to take effect.
HOW SECURE IS MY CUSTOMER INFORMATION?
All transactions submitted using our website to us are encrypted with 128 SSL software which encrypts information you input to protect it from interception by outside parties. Untrek.com is committed to maintaining the highest levels of security and protection against fraud. We stay up-to-date with the latest in security technologies to ensure that your credit card information, contact information and shipping/billing information are confidential and safe. Unfortunately, however, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our websites, you do so at your own risk.
Subject to the provisions regarding the use of your personal information in this Agreement, we may use and store information about your location. We use this information for the purposes set out above, and specifically, to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time, through your device settings.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform different services or to assist us in analyzing how our Service is used. These third parties shall have access to your personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Therefore, you expressly acknowledge that we are not responsible and/or liable for any misuse of your personal information by said third parties.
Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
CHOICES ABOUT COOKIES
You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences) If you reject all cookies, you will not be able to use our Service or products and you may not be able to take full advantage of all offerings.
The Service uses its own cookies for a number of purposes, including to:
- Access your information when you “sign in,” so that we can provide you with customized content;
- Keep track of preferences you specify while you are using the Service;
- Display the most appropriate advertising banners, based on your interests & activity on the Service;
- Assist merchants in to process the items in your account;
- Estimate and report our total audience size and traffic;
- Conduct research to improve Service’s content;
- Require you to re-enter your password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.
We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of your interest. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
As set out above, and for clarity, we will disclose your personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
ELECTRONIC STORAGE SECURITY
While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
You express acknowledge and consent that your information, including personal Information, may be transferred to and maintained on computers located outside of your province, country or other governmental jurisdiction.
As data protection laws may differ than those from your jurisdiction you consent and agree to have the data protection law from the jurisdiction where your data is located to be the one that shall be applied.
You, also, express acknowledge, that if you are located outside United States and choose to provide information to us, please note that we may transfer the information, including your personal information, to United States and process it there.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of this Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may deactivate the Service.
You agree to indemnify, defend and hold harmless Untrek.com its affiliates, principals, shareholders, officers, directors, representatives, employees, contractors, licensors, Licensee, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands, proceedings, costs, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company, directly or indirectly, related to this Agreement.
These indemnifications include but are not limited to:
(a) Legal and accounting fees resulting from your use of the Service
(b) Your breach of any of these Terms;
(c) Anything you post on or upload to the Service
(d) Any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent and/or illegal means.
LIMITATION OF LIABILITY, DISCLAIMERS, NON-WAIVER OF RIGHTS, TRANSFERS AND AMENDMENTS
Untrek.com its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from:
- Your access to or use of the Service;
- Your inability to access or use the Service;
- Any conduct or content of any third-party on or related to the Service;
- Any content obtained from or through the Service;
- The unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Except as expressly provided in this Agreement, this Service and all content, products, services or made available through this Service are provided “as is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to uninterrupted or error free, availability, accuracy, completeness, correctness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
In no event will the Company, its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if the Company or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
The Company assumes no obligation to update any Service on this site. The content on this site may be changed without prior notice to you. The Company is not responsible for any content or information that you may find undesirable or objectionable. The Company disclaims any liability for unauthorized use or reproduction of any portion of the Service. Accessing the Service from territories where it may be illegal is prohibited.
If you breach any of these Terms and policy chooses not to immediately act, or chooses not to act at all, Untrek.com shall still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Untrek.com does not waive any of its rights. Untrek.com shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-License or otherwise transfer any of your rights under these Terms.
The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on the Service. You are responsible for periodically reviewing the amendments on this Service and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this Service. Access to this Service or use of this Service after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions.
No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
These Terms shall be governed by, and interpreted and enforced in accordance with the laws of United States.
You agree and accept that this Agreement is expressly excluded from the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act as amended, replaced or re-enacted from time to time. You, also, agree to waive any right you may have to:
- A trial by jury
- Commence or participate in any class action against Company related to the Service or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against Company or its licensors or shareholder. We have required that this Agreement and all documents relating thereto be drawn-up in English.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
This Agreement shall inure to the benefit of and be binding upon each part of this Agreement and respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
Choice and opt-out
If you no longer wish to receive the company’s promotional communications, you may “opt-out” of receiving them by following the instructions included in each communication or by e-mailing the company at legal@Untrek.com
This Agreement may be amended from time to time, and any and all other legal notices and policies on this Service, constitute the entire agreement between you and the Company with respect to the use of this Service.
The following message may be sent or displayed to the Internet user after acceptance of the website terms:
“The Agreement between You and the Company for accessing the website has been successfully completed. Please print a copy of the terms of the Agreement for Your reference. A copy of the Agreement will be kept on-line at a secure website address and to view it.”
TERMS AND CONDITIONS FOR BUSINESS DIRECTORY
The BUSINESS DIRECTORY provides its service to you, subject to the following conditions. These terms and conditions apply to all persons and/or entities that have created a user account on the website. By continuing and purchasing a listing and using Our Directory, You are agreeing to these terms and conditions and that these prevail over any other terms and conditions. The terms which may be updated from time to time with notice provided, where possible. You are advised to check back regularly, as our terms and conditions of service may change. By using the website either as a registered user, guest and viewer, you automatically confirm that you accept these terms and conditions. If you do not agree to these conditions, please do not use or log on to the website at any time.
PROVIDING MATERIAL TO THE BUSINESS DIRECTORY
- If you provide any material to the website, you agree to grant us permission, free of charge, to use your material in any way we want (including altering and adapting it for operational or editorial reasons) in any media worldwide. By providing any material to the Business directory, and for us to be able to use it, you confirm that:
- Your material is your own original work, or you are authorised to provide it to the website;
- Your material is not defamatory (that is, it does not damage someone’s good reputation);
- Does not take away or affect any other person’s privacy rights, copyright, contract rights or any other rights, and
- Your material does not otherwise break any laws of the country ;
- You have the right to give us permission to use it for the purposes specified above
- You shall ensure that the details provided in the listing are accurate and kept up to date.
- You must ensure that the details provided to us for inclusion in our directory accurately reflect their products and services and the areas in which their services are available. We reserve the right to remove any listing at our discretion that we deem to be inaccurate or unacceptable.
- You acknowledge that we do not have a duty to publish any material you have provided. We have the right to;
- Reject or refuse to post any material you have provided;
- Remove any material from the website, whether or not the material goes against any of these conditions or
- Restrict, suspend or stop your access to all or any part of the website at any time.
- The business shall not sell or provide services for any of the following prohibited items via our directory
- Items that infringe another party’s copyright, patent, trademark, design right or any other intellectual property right.
- Products whose sale or distribution is prohibited by any applicable law
Content on the Services
- All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the UNTREK Services or obtained by you through the Services is at your own risk.
- We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorses any opinions expressed via the UNTREK Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
- Under no circumstances will UNTREK be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
ACCESS TO OUR WEBSITE
- We reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if, for any reason, our site is unavailable at any time or for any period. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We will endeavour to make Our Directory available but cannot guarantee that it will operate continuously or without interruptions or is error free and can accept no liability for its unavailability. The Business must not attempt to interfere with the proper working of any part of Our Directory and, in particular, the Business must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any part of Our Directory.
VIDEOS AND LISTING ON THE BUSINESS DIRECTORY
- Any videos on business listings pages are the sole ownership of that business and any people in the video should give permission to be used in the video. UNTREK Business Directory is not liable for any omissions of this kind and any complaints need to be taken up with the business owner. The Business shall not upload, post, email or transmit any unauthorised promotional or advertising materials or any other form of solicitation to users who make enquiries about listings in Our Directory.
- All free listings will remain free for an indefinite period with no terms to upgrade, unless it is agreed by youto upgrade the listing. However, you can purchase the special packages for different services or you can put your business listing on ads and choose different packages in accordance with our business AD’s TERMS.
- Our Directory provides the opportunity for readers and visitors to contact the Business using the details supplied to us. YOU agree to accept these contacts. We take no responsibility for the information transmitted to you via Our Directory.
RESERVATION OF RIGHTS
- YOU agree that THE BUSINESS DIRECTORY retains all right, title and interest in and to its technology, services and other intellectual property rights. YOU agree that it will not reproduce, distribute, alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided THE BUISNESS DIRECTORY, except as explicitly provided herein or approved in advance in writing by us.
FEES AND PAYMENT FOR OUR SERVICES
- We do not take any fee for publishing the standard business directory listing (Limited Listing). However, the paid and business listings are subject to our ads policy and listing packages. You can find Professional, Premium & Entrepreneur packages Here.
LIMITATION OF LIABILITY
- Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by us, we exclude all liability for any loss or damage suffered by you resulting from your use of our site (including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of us or not). You expressly understand and agree that we shall not be liable for any damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from;
- The use of the inability to use the service;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, messages received, or transactions entered into through or from the service;
- Statements or conduct of any third party on the service; or
- Any other matter relating to the service.
We shall have no liability for any advice, views, recommendations, advertisements and any other form of content provided by other users of our site or third parties.
- We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.
- You agree to, at all times during and after the term of this agreement, indemnify us against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from your breach of any of these terms and conditions. You hold the Business Directory, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Sites you submit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another.
- You are under no obligation to use or continue to use the Site and may at any time temporarily or permanently cease using the Site.
We may, at any time in our sole discretion, (i) suspend or terminate your access to and use of the Site or any of their features in response to a breach of the Terms and Conditions, or for any other reason; (ii) move, edit, delete or destroy any materials that you provide or deliver to the Site; (iii) access, preserve, or disclose any materials that you provide or deliver to the Site; or (iv) take any other remedial action available at law in response to a breach of this Agreement.
- From time to time and without prior notice to you, we may change, expand and improve the Site. We may also, at any time, cease to continue operating part or all of the Site or selectively disable certain aspects or portions of the Site. Any modification or elimination of the Site will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site does not entitle you to the continued provision or availability of the Site.
TERMS AND CONDITIONS FOR TRAVEL LISTINGS
UNTREK provides an online platform through which you can browse third party websites different travel deals/packages for travelling throughout the world. The Services are offered to you conditioned upon your acceptance of the terms, conditions. By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms.
If you do not accept all of these terms and conditions, you are not authorized to use the Services. If you have a UNTREK account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services.
The term “you” refers to the individual, company, business organization, or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”.
The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any travel offer/deal listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any travel promotion listed on the Site
- USE OF OUR WEBSITE
As a condition of your use of our Website, and other products and services provided by UNTREK, including any content (together “Services”), you warrant that:
1.1 You are at least the age of majority in the jurisdiction where you reside;
1.2 You possess the legal authority to engage in a legally binding contractual relationship;
1.3 You will use our Website in accordance with this Agreement;
1.4 You will only use the Services to make legitimate Bookings for you or for another person for whom you are legally authorized to act;
1.5 You will inform such other persons about the Terms that apply to the Bookings you have made on their behalf, including all rules and restrictions applicable thereto;
1.6 All information provided by you to the Services is true, accurate, current and complete;
1.7 If you have a UNTREK account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
1.8 UNTREK retains the right, at our sole discretion, to deny access to anyone to the Services we offer, at any time and for any reason, including for violations of this Agreement
- RESOLUTION OF DISPUTES
- GOVERNING LAW
These Terms & Conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the USA. Unless otherwise mutually agreed by the parties in writing or as described, you consent to the exclusive jurisdiction of the courts located in the USA in any action arising out of or in connection with this Terms and Conditions. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be [one or three]. The place of arbitration shall be USA and in accordance with the federal arbitration law. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- TRAVEL INFORMATION – GENERAL
Our Website provides extensive information related to travel to our customers, which may include information about vacation destinations, tour packages, travel providers, airfares, flight schedules, cruise details, travel insurance, or and foreign currencies.
We receive this information from third-party sources such as airlines, hotels, tour operators and transportation providers. We always take reasonable care to make sure this information is accurate and up-to-date. However, we cannot guarantee the accuracy of this information or that it is the most current information available and cannot be held liable for any inaccuracies. Moreover, please understand that all the information on our Website is subject to change. Also, travel products, packages and services described on our website are subject to availability and entirely depends on third party services.
Please note, our website just provide third party website different travel packages and their websites, we normally do not take any information in relation to your travel plans and you can directly visit the operator or third party website through our website.
Additional terms and conditions, including additional terms and conditions set out by Travel Service Providers, may apply to Bookings (“Additional Terms”). Please read such Additional Terms carefully, including any airline conditions of carriage which may be set out on an airline’s website. You agree to abide by any applicable Additional Terms, including Additional Terms relating to payment, availability, check-in times, baggage fees, baggage restrictions, change fees, cancellation fess, and the use of fares, products, or services. For greater certainty, airline fare rules are Additional Terms.
If your itinerary includes flights operated by more than one airline, please read carefully each such airline’s terms and conditions or third party website terms and conditions, which can be found on each airline’s website. Each airline will have its own restrictions, rules and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a customer to make changes to the other flight, the customer may be responsible for any fees or ticket cost incurred for making changes to the unaffected flight. Such airlines may charge their own fees for changes, refunds, or if exchanges are requested. You are responsible for complying with each airline’s terms and conditions, which may differ (for example, check-in times and limits on baggage size/weight). It is advisable you print your outbound and return portions of your e-ticket confirmation for all flights prior to traveling. You may be asked for proof of your return ticket at check-in directly to the operator or travel service provider.
Please note, US Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
- INTERNATIONAL TRAVEL
If you are traveling internationally, please be advised that the provisions of the Montreal Convention and the Warsaw Convention may be applicable to your journey including portions entirely within the countries of departure or destination. The Conventions govern and in most cases limits the liability of carriers to passengers for death or personal injury.
Passengers are responsible for ensuring that they meet foreign entry requirements and that their travel documents, such as but not limited to passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
6.1 Visa and Passport – You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
6.2 Health – Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
6.3 Disinfection – Although not common, most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinfection procedures: (1) spray the aircraft cabin with an aerosolised insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board.
BY OFFERING BOOKINGS FOR PARTICULAR INTERNATIONAL DESTINATIONS, UNTREK DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
- CANCEL AND REFUNDS
UNTREK do not take any bookings on the website, therefore cannot entertain any claim of cancellations or refunds. In case you have any issues you may contact directly to the service provider and settle your issue directly.
BY OFFERING BOOKINGS THROUGH OUR WEBSITE, UNTREK DOES NOT REPRESENT OR WARRANT ANY CLAIM OF ANY DISPUTE RISE OUT OF OUR WEBSITE, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM ANY DISPUTE OF ANY THIRD PARTY.
UNTREK provide Services solely to:
8.1 Assist customers in gathering travel information, posting Content, and searching for and booking travel services and reservations; and
8.2 Assist travel, tourism and hospitality businesses in engaging with customers and potential customers, by way of free and/or paid-for services offered by or through UNTREK platform
We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement.
8.3 UNTREK may from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that the Platform have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.
9 FOR THIRD PARTY COMPANIES CONTENT
9.1 You expressly agree only to submit Content of yours that complies with UNTREK published guidelines, as are in force at the time of submission and made available to you by UNTREK. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
9.2 Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
9.3 Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
9.4 May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
9.5 The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to UNTREK or its suppliers and providers, including the travel packages and ancillary Services
9.6 All third party business listings are subject to UNTREK general terms and conditions, privacy policies, ads terms and conditions and listing packages. UNTREK do not take any information on UNTREK.com and provides only business listing to third party businesses.
- TRAVEL PROTECTION INSURANCE
We strongly recommend all the passengers to purchase comprehensive travel insurance from the service provider prior to departure to meet any contingencies that would cover against cancellation charges, unexpected curtailment of your vacation, medical expenses arising overseas including emergency repatriation, loss or damage to luggage and personal liability claims against you cover their domestic and international holidays with travel insurance at an additional cost before departing for your tour.
If you fail to secure such Travel Insurance coverage prior to your travel, then you accept full responsibility for yourself and all of the members of your party.
- TRAVEL WITH CHILDREN AND DISABLED PEOPLE
If the Client is travelling with young children (from 2 years old to 11 years old), it is important to note that child seats are not provided for transfers and the legislation varies from one country to another. Free accommodation stays for children are generally based on sharing existing beds in the room.
We are not in any circumstances liable if any carrier refuses you or any member of your party as a passenger as a result of any medical condition or disability. Women 28 weeks or more into pregnancy at the time of return travel must have a doctor’s certificate confirming that they are fit to travel (note airlines normally require certification at 32 weeks).
We will not accept any liability or responsibility for any damages, loss, baggage loss, injury, accident, death, breakdown, or irregularity, which may occur in carrying out the tour arrangement, weather conditions, strikes, war, quarantine and any other cause whatsoever and all such loss or expense must be borne by the passengers.
As a service provider, UNTREK is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although the UNTREK has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, UNTREK reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason.
UNTREK does not represent or warrant that travel to such points is advisable or risk-free and can never be held liable for damages or losses that may result from travel to such destinations
- PRIVACY /PROTECTION
The Company has made all reasonable efforts to check the accuracy of the information contained in our website. The Company cannot however accept any responsibility for any errors or omissions that may appear in this site.
TERMS AND CONDITIONS FOR PROPERTY LISTINGS
This Agreement governs the provisions and guidelines under which Untrek.com (UNTREK) and YOU (which mean the property owned by you such as Serviced Apartments, Guest Houses, Home Stays, Hotels, Resorts, etc) conduct business. Untrek.com will list and allow reservation of properties / accommodation inventories listed in the Property Information Sheet which forms part of the Property Listing Agreement or Company can provide you to list your business and customer can directly land on your website upon click on the listing.
This Agreement comprises the following parts:
- These terms and conditions (as amended by Untrek.com from time to time);
- Any other document provided by untrek.com expressed to form part of this Agreement.
If there is an inconsistency in a provision in the parts of this Agreement, then the provision in the part that is listed higher in above clause prevails to the extent of the inconsistency, unless otherwise indicated in this Agreement.
The Agreement begins on the date set out in it and continues until terminated by either party in writing. Where either Party, with or without cause terminates this Agreement, Property must still honour any reservations Untrek.com had made / will make before the expiry of notice period, even if the check-in/check-out dates fall beyond the termination date.
- As an online portal, untrek.com cannot authenticate any content advertised at untrek.com.
- Users shall at all times conduct independent checks and verify the authenticity of any property, or project.
- We recommend our users to conduct proper due diligence, including physical inspection of the properties before engaging in any negotiations with any agent or person displaying property at our portal.
- We do not take responsibility for any third-party advertiser displaying property at untrek.com.
- We do not accept any responsibility for any external website for which links are displayed at untrek.com.
- The security / confidentiality and accuracy of the user’s account is the user’s responsibility. Please keep your personal information confidential and only provide untrek.com with the necessary and correct information in relation to your account.
- Views expressed by users are their own.
- com is not intended to provide financial, investment or real-estate advice.
- Service may include advertisements.
- Unless you subscribe to our agent service, we do not act as property agents.
- We do not represent you or the other users looking for property or advertising their property or properties at Untrek.com and will not assist any party in the lease or sale / purchase of any property.
- com is not responsible in any way for the outcome of any negotiations you may have with any actual or potential buyer / seller, lessor/lessee, landlord/tenant in relation to any property advertised at Untrek.com.
- You are required to comply with the laws of the United States of America.
- You will not copy and republish / advertise any content advertised at or produced by Untrek.com.
- You will not upload any harmful material on Untrek.com, including any viruses, worms, malware, spam, pyramid schemes or other fraudulent schemes.
- com may assign or subcontract any or all of its rights and obligations hereunder or under any agreement with any user.
- Users may not assign, novate, subcontract or transfer their rights or obligations hereunder or under any agreement(s) with Untrek.com, without Untrek.com prior written consent.
LISTING AND ITS GUIDELINES
- Listing of any Property by Untrek.com is at the option and discretion of Untrek.com. Signing this agreement give no right to Property in regard to listing in Untrek.com or services offered by Untrek.com. Property should ensure only correct and accurate information is provided to Untrek.com about their amenities and features, including listing information.
- com reserves the right to update these guidelines from time to time by either updating this Agreement or making available the updated guidelines on the Website.
- Listings may only be advertised once on the Site. For the avoidance of doubt;
- A listing at a particular street address belonging to the same owner may not be listed multiple times by the one advertiser. Should multiple lots be available at the one address, they should be itemised under the “Master Listing”. This listing is however permitted to be advertised by additional agencies holding an agreement for the same property;
- a listing at a particular street address belonging to a different owner is permitted to be advertised as a separate listing; and
- You will not edit a listing promoting one opportunity to promote a different opportunity;
- You will select the correct categories for your listings and will not use misleading or incorrect selections. For example you will not select the “office” category when your listing is a “serviced office”;
- You will archive or remove listings from the site within 24 hours of an unconditional exchange of contracts or lease agreement being signed for the relevant property or business. Failure to remove such listings within 24 hours may incur an administration fee for each listing which is displayed, but is not available for sale or lease;
- Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority. At the com option, YOU will pay such taxes or fees directly or pay to us any such taxes or fees immediately upon invoicing by us.
- You do not have to pay any fee to submit your listing on com . However, you may advertise with untrek.com in accordance with the Ads T&C and Listing Packages.
- You may cancel one or more of your core product(s) by providing Untrek.com with no less than 90 days written notice, provided that such cancellation must not take effect before the expiry of the minimum contract term specified in your subscription agreement. For the avoidance of doubt, your core products and non-core products will automatically terminate if your underlying subscription or package is terminated for any reason. Any discounts to subscription products applied due to the bundling of other products will no longer apply if any of the bundled products are cancelled.
- com may limit, suspend or cancel the provision of a Service at any time:
- Without notice to you:
- in the event of an emergency;
- if the supply or use of a Service is, or is likely to become, unlawful; or
- if, in Untrek.com reasonable opinion, the provision of a Service is likely to cause death, personal injury or damage to property; and
- By notice to you:
- If you do not pay any amounts due for that Service on time;
- If your use of a Service interferes (or may interfere) with the Website, and you fail to rectify the situation; or
- If an administrator, receiver, liquidator or provisional liquidator is appointed to you, or you resolve to enter into any settlement, moratorium or similar arrangement for the benefit of your creditors, or you are otherwise unable to pay your debts when they are due.
- Without notice to you:
- Where provision of a Service has been suspended or cancelled under the above clause. Untrek.com may require you to pay additional charges to resume the provision of the Services.
- com decides, or is required, to modify or exit a Service (or part thereof), and then Untrek.com may, on reasonable notice to you:
- Transfer you to the modified service or an alternative service; or
- Cancel the service: If the service to which Untrek.com proposes to transfer you to be materially detrimental to you, then you may cancel the service, but you will not be entitled to any refunds or reimbursements of any fees and charges paid for or in connection with that service.
INTELLECTUAL PROPERTY RIGHTS
- Nothing in this Agreement transfers ownership in, or otherwise grants any rights in, any intellectual property rights of Untrek.com except any rights expressly granted to you under this Agreement.
- All intellectual property rights in a Service and all information generated, compiled, arranged, stored or otherwise developed by Untrek.com, including any listing, belong to Untrek.com.
- Except in relation to any of your material uploaded to the Untrek.com site, which you grant us a license to deal with in accordance with our Conditions of Use, YOU do not have any right, title or interest in or relating to our Site. You may not use any material on our Site to establish, maintain or provide your own publications (including marketing or promotional material) or Internet Site. Except in relation to the licence referred to above, nothing in this agreement should be construed as granting any right of use in relation to any material or trademark displayed on the Site without the express written consent of the relevant owner.
- The Property Owner/Manager warrants that no information displayed will be either misleading or offensive.
- YOU warrant that you hold, or, that you are licensed and will continue to be licensed to hold the copyright of all images, graphics, text and data you display on Untrek.com web site. Untrek.com takes no responsibility for any copyright infringements by the Property Owner/Manager. YOU agrees to keep their login password secure and the Property Owner/Manager will make no claim for any loss or damage direct or indirect arising out of or connected with any unauthorised use of the Property Owner’s/Manager’s user name or password.
- Neither party will be liable for any delay or failure to perform its obligations pursuant to this Agreement (except your obligation to pay Fees and other amounts under this Agreement) if such delay is due to Force Majeure.
- If the delay or failure by a party to perform its obligations due to Force Majeure exceeds 60 days, either party may immediately terminate the Agreement on providing a notice in writing to the other party.
- COM, its officers, employees or consultants provide no warranty as to its services or any information displayed at Untrek.com. Untrek.com excludes all warranties, whether express or implied, statutory or otherwise.
TERMS & CONDITIONS FOR JOB PORTAL
- The term and conditions shall govern your use of our website. By using our website, you accept all the terms and conditions accordingly. If you do not accept these Terms and Conditions in whole or any part of it or you do not meet or comply with the provisions, and any additional terms and conditions which expressly apply to services and information provided by third parties, you may not use the UNTREK Web Sites or Services.
- UNTREK may be amended the Terms at any time or from time to time by posting an updated version to the Website so visit the page periodically to review the most current Terms because they are binding on you. Apart from that, you must be at least 18 years old to visit or use the Website in any manner, and, if under the age of 18, you may only use the Website under the supervision of a parent, legal guardian, or other responsible adult.
- Apart from that, we want to clarify that all the jobs posted on the site are real and from reputed organizations. But we do not take any liability for the advertised job data. UTREK is only a recruitment engine; it just acts as a bridge between the actual employers and the job seekers. We do not take part in the short listing of candidates or in any other matters regarding the hiring process.
USE OF THE SITE/PLATFORM
- The Site/Platform – an online platform- is made available to use only for the sole purpose of Job Seekers looking for employment opportunities and career information as well as employers for job searching and hiring or recruit staff, respectively.
- You may use, print and download Content from the Website for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the Website and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Customer, shall entitle us to terminate the Services immediately on notice in writing.
- Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information. In respect of any personal data accessed or otherwise processed by a Customer as a result of access to the site or the Services, the Customer agrees that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 2018 and, as such, shall be solely responsible for its processing.
- We will take reasonable steps to provide a reliable service to you. You can avail different services as per your required package. You may prove your job in accordance to our AD’s Terms and Conditions. The packages include listing your job advertisements/offer ranging from limited, starter, and professionals to premium and so on.
- However, we cannot guarantee the accuracy or authenticity of any of the job advertisements. You acknowledge and accept that this is beyond our control. UNTREK shall, in no manner or form, be responsible for the Platform services and/or User Content
- Meeting any party’s expectations or requirements’
- Being secure or free from any errors, bugs, viruses and other harmful components’ and/or
- Functioning free of any and all interruption, theft or destruction.
- No claims shall be entertained by UNTREK with regards to usage of the Platform in combination with any third-party materials, applications, platforms or software.
- Any reports made to PORTAL will be investigated and may lead to the termination of your account without refund.
- The User of these services does not claim any copyright, database rights and other intellectual property rights and the material available on the site belongs to us or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.
RESERVATION OF RIGHTS
- UNTREK reserves the right at any time, in its sole discretion; ask you to remove User content including all or any particular link from our Website. You are bound to immediately remove the requested material/information/links upon highlighting it.
- We hold the right to move, modify, or remove entirely a non-traditional job posting if we deems such job posting to conflict with the best interests of its Users or detract from the User experience. However, no obligation exists on us to definitively undertake any such action.
TERMS FOR JOB SEEKERS AND RECRUITERS
- Individuals searching for employment openings, or services or information related to their personal employment or job search (“Job Seekers”), by individuals and/or organizations seeking information related to hiring or human resources or seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties and employment agencies (“Employers” / “Recruiters “)
JOB SEEKERS RESPONSIBILTY
- You may be asked to create an account and provide certain information including, without limitation, a valid email address (you’re “Information”). You acknowledge and agree that you are solely responsible for the form, content and accuracy of any CV or material contained therein placed by you on the UNTREK platform.
- Any profile you submit must be accurate and describe you, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting you, other than your last name and URLs.
- You should be aware (subject to the contact details you provide) that you may be contacted directly by Recruiters by email, post or telephone. It is the responsibility of Job Seekers to verify the correctness and authenticity of the claims made by recruiters. We merely act as facilitators and do not as agents for any recruiter.
- The Candidate is liable if they are contacted by the Recruiter without intervention from PORTAL
- Enhanced Candidate Profile:
- We do not guarantee that by subscribing to an enhanced profile you will secure a job. This is simply a tool that will enhance your visibility to Recruiters and employers and enable you to apply to jobs by email sooner.
- We do not store your credit/debit card details. Payments are one-off payments and are not recurring and are subject to our package, ads policies. We do not take any direct money from employee or employer.
- For the avoidance of doubt, purchase of the enhanced Candidate profile is optional, and you may search and apply for jobs on our website upon completion of your online CV at no charge.
- UNTREK does not discriminate against anyone registered to or using it. We try to ensure that all possible measures are taken to prevent any vacancies advertised or searches do not discriminate against age, disabilities, gender or race. The search tools in place on the site do not have the functionality to exclude any Candidates with disabilities. It is down to the users themselves to ensure they comply with discrimination laws.
TERMINATION/CANCELLATION AND SUSPENSION OF SERVICES /ACCOUNTS
- You fail to pay any amount due to us;
- You are a limited company and your company become insolvent
- You are an individual and are declared bankrupt or enter into any arrangement or compromise with your creditors, or you cease to trade;
- The Recruiter is in material breach of these terms and conditions and has not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied.
- The Recruiter may cancel the account with our portal. The Recruiter may terminate the provision of Services with thirty (30) days prior written notice:
- To expire at the end of the Fixed Term.
- In the event that we are in material breach of these terms and conditions and have not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied, or:
- We become insolvent, cease to trade or go into liquidation
- Termination by the Customer before the end of the Fixed Term may, at our discretion, result in loss of discounts agreed for the entire Fixed Term.
CONTENT BY THE RECRUITERS
- We have rules regarding the content and format of jobs posted on the JOB PORTAL. The purpose is to ensure that users who search the site database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from PORTAL any advertisement which is posted is defamatory, illegal or objectionable or will bring the Website into disrepute or in breach of these rules. We expect Job Seekers to carry out such verification procedures as are customary and prudent in the circumstances. The rules may change from time to time and you are advised to refer to them regularly. Recruiters are solely responsible for their Job Postings on the Website. Job adverts go live after payment confirmation. Recruiters using the JOB PORTAL for the purpose of posting employment opportunities shall abide by all local, state, and federal laws with regard to hiring and employment
- Recruiters undertake to ensure that all jobs advertisements that they submit to the website for publication are true, accurate, current complete and non –misleading advertisements for bona fide jobs. The job posted must exist in the town advertised, unless it is a franchise opportunity (which must be stated in the description). However, they must bind to treat the information in our database of jobseekers as confidential and strictly use that information for the purpose of seeking candidates to fill bona fide jobs.
- The job title should be specific and be the best description for the role. It must not include locations, salaries or company names, and should not be a slogan (e.g. Great Opportunity or Money to Be Made!).
- Emails and URLs within job descriptions are not allowed. We will automatically remove these.
- Phone numbers must not be used on job adverts.
- The description of the role should mention the required skills as well as details describing the role. Contact names should not be mentioned in the job description. Recruitment agencies are only permitted to include the client name that they are recruiting on behalf of once within the description, unless client branded adverts have been purchased.
- Post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- Discrimination against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in JOB PORTAL reasonable discretion.
- Your password is the key to your account. You are responsible for maintaining the confidentiality of your Recruiter/jobseeker Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of Your Profile and passwords, whether or not authorised by you. If you share your password or your personal information with others, you shall be solely responsible for all actions taken under your username and you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.
- The security of your personal information is important to us. When you enter your personal information we treat the data as an asset that must be protected and use tools (encryption, passwords, physical security etc.) to protect the information provided by you against unauthorized access and disclosure. Though we work hard to protect your information but we do not promise, and you should not expect, that your personal information or private communications will always remain private.
VIRUSES, HACKING AND OTHER OFFENCES
- You must not misuse UNTREK platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to PORTAL , the server on which it is stored or any server, computer or database connected to us
- By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use PORTAL will cease immediately.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of PORTAL or to your downloading of any material posted on it, or on any website linked to it.
- No liability shall be incurred by UNTREK for any loss, damage, delays or failures arising out of use of the platform and attributable to acts beyond UNTREK control, including but not limited to acts of god, changes to laws, embargoes, wars, terrorist acts, acts or omissions of third-party’s, epidemics, explosions, socio-economic instability, natural calamities, power outages, weather conditions, acts of hackers, internet issues service providers, any outside forces that disrupt the functionality of the platform and acts or omissions of the user or any third party.
- Neither UNTREK nor any other party involved in creating, producing or delivering the platform content shall be liable for any incidental, special, exemplary or consequential damages, including but not limited to lost profits, loss of opportunity, loss of data, goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with this policy or from the use of or inability to use the platform, services or content, whether such damages are based on warranty, contract, tort (including negligence), product liability, or any other legal theory and whether or not UNTREK has been informed of the possibility of such damages.
- All the contents of this site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this site. The parties acknowledge that the sites and the services are provided to you strictly on an “as is” and “as available” basis with no warranties whatsoever. You recognize that the current state of technology does not allow for error-free access to the sites and use of the services, and interruptions, crashes and downtime may occur from time to time. We do not represent or warrant that:
- The use of the sites or the services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- The quality of any products, services, information, or other material purchased or obtained by you through the services will meet your requirements or expectations; or
- Any results generated by using the services will be accurate, up-to-date, complete, or reliable. We disclaim all representations and warranties, whether express, implied, statutory or otherwise, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement of third party rights to the maximum extent permitted by applicable law. No oral or written information given by us will increase the scope of the above warranties or create any new warranties. You agree that you’re access to and use of the sites, the services and the information thereon is at your own risk and that you are solely responsible for any liability or damage you incur through access to or use of the sites or the services.
- Certain jurisdictions limit the ability of companies to make disclaimers. The above disclaimers are intended to be only as broad and inclusive as is permitted under such laws. If any portion of this section is held to be invalid under such laws, the invalidity of such portion shall not affect the validity of the remaining portions of this section.
TERMS AND CONDITIONS FOR PARTNER AND INFLUENCER
THE COMPANY (untrek.com) has developed and provides via an online platform certain information and services (together, the “Platform”) which it makes available to brands and advertising agencies (“PARTNERS”) OR influencers.
The relationship of the Influencer to THE COMPANY will be that of independent contractor and nothing in these Terms and Conditions shall render it an employee, worker, agent, representative or partner of THE COMPANY and the Influencer shall not hold himself out as such.
This Agreement shall have an initial term of 60 days and shall automatically renew for additional 90 days terms thereafter unless either party provides thirty days prior written notice of its intention of non renewal.
- Influencer acknowledges and agrees that THE COMPANY or the purpose of performing the Services under this Agreement shall own, exclusively and in perpetuity, all rights of whatever kind and character, throughout the universe and in any and all languages, in and to the videos, photographs, text and/or all works of similar nature produced, developed, or created by Influencer for this Agreement.
- Influencer has the proper skills, training and background to enable Influencer to perform such Services in a competent and professional manner and to exercise the diligence ordinarily exercised by members of Influencer’s industry.
- YOU agree to promptly provide us with all such assistance and information in relation to the Services as we may reasonably request from time to time.
- YOU shall ensure that you have and will maintain all necessary licences, consents and permissions necessary for you to make use of the Platform, conduct Campaigns, and engage Content Creators.
- YOU shall ensure that your use of the Platform and the Services does not infringe the rights of any other person or body.
- Influencer shall comply with all applicable laws and regulations in connection with the performance of the Services and each applicable Campaign, including, without limitation, laws and regulations concerning advertising and promotional campaigns.
- We do not warrant that the use of the Services or the Platform will be uninterrupted or error-free and you acknowledge that we may make changes to the Platform, or suspend or terminate the Platform or Services or your access to them for any reason without notice to you.
- WE will not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and the Influencer acknowledges that the Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
TERMS FOR SERVICES
- com do not pay any fee to any influencer. The terms of service will be considered as barter.
- Company will promote influencer on com and influencer will promote untrek.com on their social media pages.
- Either WE OR YOU may terminate the contract immediately for any reason by giving written notice to the other party save that your right to terminate is subject to the completion of any live campaigns or
- Either party may terminate this agreement upon fourteen (14) days prior written notice if the other party breaches this agreement and does not cure such breach within such time period.
- Either party may terminate this agreement at any time without cause upon thirty days prior written notice to the other party.
- In addition to any termination rights otherwise set forth herein, the company shall have the right to terminate this agreement at any stage.
- Immediately upon written notice to influencer if the applicable advertiser agreement is terminated for any reason, at any time upon five (5) business days prior notice to influencer, and
- upon notice to influencer if influencer materially breaches any of its obligations hereunder and fails to cure any such breach within twenty-four (24) hours.
- Following termination of the contract by the company, we have the right to cancel any existing campaigns and, to the extent we do not, any live campaigns will continue to operate subject to these terms until the campaigns are completed
- All licences granted under these terms and conditions shall immediately terminate and the influencer shall immediately cease all use of THE COMPANY’S platform.
- Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
- On termination of the contract (for any reason), you shall immediately pay to us any and all sums outstanding as at the date of termination including the payment of all campaign commission and content creator fees (including in relation to any campaign agreements agreed following termination);
- Upon termination of this Agreement or upon the request of Company, Influencer will return to Company all of the confidential information, and all copies or reproductions thereof, which are in Influencer’s possession or control. Influencer agrees that during the tenure of this contract, and for a three-month term afterward, Influencer will not undertake influencer marketing for a competitor in the same vertical as Company.
- During the course of Influencer’s performance of services for Company, Influencer will receive, have access to and create documents, records and information of a confidential and proprietary nature to Company and customers of Company. Influencer acknowledges and agrees that such information is an asset of Company or its clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of Company and its clients must be kept strictly confidential and used only in the performance of Influencer’s duties under this Agreement.
- Influencer agrees that he/she will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of Company or as otherwise directed by Company in the course of Influencer’s performance of services under this Agreement, and thereafter only with the written permission of Company.
- YOU may disclose Confidential Information as required by law or to your employees, officers, sub-contractors, representatives or advisers who need to know such information for the purposes of carrying out your obligations under the Contract, provided that you shall ensure that such employees, officers, sub-contractors, representatives and advisers comply with this clause.
- In the event of any breach or attempted or threatened breach of any of the terms of this Section, the Company shall be entitled to receive injunctive and other equitable relief without need of posting a bond, and without limiting the applicability of any other remedies.
- Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
INTELLECTUAL PROPERTY RIGHTS
- No license or other right of any kind is granted by THE COMPANY’S to Influencer, except as expressly provided in these Terms. Influencer shall not use THE COMPANY’s copyrights, trademarks, trade names, or other intellectual property in any way except to the limited extent as may be expressly agreed in the Term.
- If either party is unable to perform any of its obligations by reason of fire or other casualty, strike, act or order of public authority, act of God, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.
REPRESENTATIONS AND WARRANTIES
- Parties represent and warrant to each other that each is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between any third party.
JURISDICTION AND GOVERNING LAW
- These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the USA.
- Each party irrevocably agrees that the country’s court shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).
TERMS & CONDITIONS FOR BUY & SELL PRODUCTS
The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller and
These Terms and Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted by the Seller, or any such order is made or purported to be made, by the Buyer.
2. DESCRIPTION AND POLICY
Untrek.com is the next generation of free online classified website. Untrek.com act as an online marketplace platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Untrek.com is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.
You understand that Untrek.com does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Untrek.com domain or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service (“Content”), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Untrek.com be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Untrek.com permits such goods and services to be displayed and offered on the Website that conform with the terms stated herein, however Untrek.com does not pre-screen or approve any Content, but that Untrek.com has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Untrek.com knowledge or for any other reason or no reason at all.
Furthermore, the Website and Content available through the Website may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to Untrek.com. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Untrek.com makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and you’r linking to any other websites is completely at your own risk and Untrek.com disclaims all liability thereto.
You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:
- you have developed the contents such as description and/or photographs in accordance with the instructions and guidance for placing an ad provided by Untrek.com on the website and that any copyrights therein belongs to Untrek.com and, to any extent, should you be deemed to own any copyright you hereby assign any such copyright to Untrek.com.
- you acknowledge that the information and/or photographs that you post on the Website is stored and compiled by Untrek.com in a proprietary database and that the uploaded information and/or photographs are modified by Untrek.com by applying a watermark of Untrek.com logo and in such derivate works also the copyright belongs to Untrek.com.
- you shall continue to, for such time the Content is available on the Website, have the necessary licenses, authorizations, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and wherever required, in such cases where you have the right, hereby authorize and license Untrek.com to exclusively use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and
- you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, by submitting any Content on the Website, as aforesaid, wherever you retain any ownership rights in the Content, you hereby grant to Untrek.com an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Untrek.com (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. Furthermore, by you posting Content to any public area of the Service, to the extent you retain any ownership of any rights, you agree to and do hereby grant to Untrek.com all exclusive rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose including the right to initiate legal action in accordance with the copyright and other laws of United States. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you or Untrek.com remove or delete such Content from the Website.
Untrek.com does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Untrek.com expressly disclaims any and all liability in connection with user Content. Untrek.com does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Untrek.com may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another’s intellectual property rights. Untrek.com reserves the right to remove any Content without prior notice. Untrek.com may also terminate a user’s access to the Website, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, Untrek.com reserves the right to decide whether any Content is appropriate and complies with these Terms.
- The Contract Price of the Goods shall be the price listed in the Seller’s price list current at the date of acceptance of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer.
- untrek.com does not take any money from either party else than the Listing Packages if purchase neither a party to the contract.
- untrek.com does not involve in any kind of financial transactions by either parties and does not take any responsibility.
- Buyers and Sellers are responsible for their own acts, untrue.com is not liable for any illegal activity done by either party.
4. Featured Ads or Paid Listings
You agree to defend, indemnify and hold harmless Untrek.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
- your use of and access to the Website and/or the Service;
- your violation of any term of these Terms;
- your violation of any third party right, including without limitation any copyright, trademark, and other intellectual property rights, trade secret or other property, or privacy right; or
- any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
6. LIMITATION AND TERMINATION
You acknowledge and agree that Untrek.com may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that Untrek.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that Untrek.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Untrek.com shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Untrek.com, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Untrek.com believes that you have violated these Terms. Further, you agree that Untrek.com shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW UNTREK.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. UNTREK.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. UNTREK.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UNTREK.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. FORCE MAJEURE
Neither Party shall be liable for any failure nor is delay in performing their obligations where such failure or delay results from any causing that beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
9. LAW AND JURISDICTION
These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with the USA law. Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract shall fall within the jurisdiction of the USA.
AD’S TERMS OF SERVICE
- Every advertiser and advertising agency (“you”) who submits an order for advertising on a website or in an email operated by us, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising by you.
- We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours to publish your advertisement in the format submitted by you and in accordance with your other instructions. The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.
- Each Advertisement depends on each pricing plan you take as shown under the https://www.untrek.com/pricing-plan and subject to the below terms. You can create custom plan as per your requirement. Your ads will run as per the plan policy you take through packages/pricing plan.
- We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between you and us until we accept your advertisement for publication and issue you with a valid invoice. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement. We may, at our absolute discretion and at no extra cost to you, re-publish your advertisement in any other place. You acknowledge that we are entitled to publish your advertisement anywhere in the world via any medium. We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third partyís rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement. We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavour to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request. We may head any advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.
- You must promptly check any proofs of advertising, if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement that we publish for you. We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.
- If you fail to pay for the advertising services in accordance with your package and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us.
- We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us. Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.
- We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.
- We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.
Intellectual Property Infringement (DMCA Takedown)
Clause respects the intellectual property rights of others and expects our users to do the same. To that end, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, Clause has implemented procedures for reporting instances of copyright infringement.
If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through the Clause Site infringes your copyrighted work, you may submit a notice of copyright infringement, either by hardcopy or by electronic mail, to our designated agent, whose contact information is listed below:
- Name (You may use your registered Agent here or your corporate address).
- Mailing address
- E-mail address
- Telephone number
The notice of copyright infringement should provide the following information:
- A clear description of the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by a single notification, you may provide a representative list of such works.
- A description of the material on our site that you claim is infringing.
- Information reasonably sufficient to permit us to locate the allegedly infringing material. Please be as detailed as possible and provide web addresses (URLs) leading directly to the material.
- Your contact information, including your address, telephone number, and an e-mail address.
- A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your physical or electronic signature. Typing your full legal name is sufficient.
No rights are granted to use trademarks other than as required by the typical use of the Site. The untrek.com Site and its contents are protected under US and international copyright law. These Terms apply, but are not limited to, the trademarks on the Intellectual Property.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION
Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLAUSE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“CLAUSE PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CLAUSE PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE CLAUSE PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLAUSE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY CLAUSE, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
LIMITATION OF LIABILITY
You agree to indemnify, defend, and hold harmless the Clause Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.