| Track your Trip Website (the "Website")
END USER LICENCE AGREEMENT last updated 2 February 2004
This Agreement is entered into between:
- Netro42 Limited (Company Registration Number: 3104226) of 39-51 Highgate Road, London, NW5 1RT hereinafter called ("N42"); and
- any user of the Website (the"User").
The User agrees by ticking the check box beneath this text area that he/she/it agrees to the terms and conditions contained in this Agreement for the purpose of gaining full access to the Website for a period of thirty (30) days to the www.trackyourtrip.co.uk proprietary and confidential databases and restricted areas of information accessible through the Website (hereinafter called "Free Trial") after the User submits his/her/its unique password as provided to User by N42 ("Restricted Areas"). By using the Website and entering the Restricted Areas, the User agrees to comply with all of the terms and conditions as stated in this Agreement.
Protection of Content
The Website is owned and operated by N42 or its licensors and is subject to protection under law. The User recognises the special value and importance of the protection of the material, substance, processes, capabilities, character and essence of the Website and its Restricted Areas. The User agrees to hold information related to the operation and character of the Website in confidence and not to make any disclosure to a third party without the prior written consent of N42. The User shall exercise all precautions commensurate with the highest reasonable standards of security for the protection of proprietary information and trade secrets to ensure proprietary information and trade secrets are not disclosed to any other party. The User shall have no right to use any N42 trademarks. Copyright to all data and information contained within the Website and Restricted Areas is and remains the property of N42 and its licensors and save where expressly permitted by N42 shall not be copied, distributed, sold, reproduced, licensed or otherwise dealt with, in whole or in part.
Limited Access
The User shall only permit access and use of the Restricted Areas to the User to effectively make use of the Website for the purpose intended by N42 and to no other persons, entities, subsidiaries or affiliates without prior written consent of N42
Amendments to Agreement
N42 reserves the right, at its absolute and sole discretion, to change, modify, add or remove any portion of this Agreement at any time without notice or liability and such modification shall become effective upon posting on the Website. User's access to the Restricted Areas of the Website following such modification shall be conclusively deemed to be User's acceptance of such modification. N42 reserves the right to charge a fee to the User for access to the Website. N42 will occasionally update this privacy statement. When it does, it will also revise the "last updated" date at the top of the Agreement.
Change in Service
N42 may change, suspend, or discontinue any aspect of the services provided in the Restricted Areas, including the availability of any feature, database or content of the Website, at any time without notice and without liability. For the avoidance of doubt where a User does not intend to use the Website after the Free Trial the User will be prompted before the end of the thirty (30) days to print off that User's records in the knowledge that they may then at N42's discretion be cleared from N42's databases.
Force Majeure
N42 shall not be liable to the User or any other party for delays, cancellations or interruptions of the availability of data as caused by acts of God, inevitable accident, fire, strike or other labour dispute, act of government, illness or incapacity of any important performer, failure in whole or in part of transmission facilities, failure in whole or in part of software or hardware components, or other cause of a similar or different nature beyond the control of N42.
Refund policy
N42 have allowed the User to access the system free of charge for 30 days. During this time it is the Users responsibility to ensure it meets their requirements and is compatible with the software / hardware used. Therefore once payment is made it is N42's policy that no refund will be provided.
Limitation of Liability
N42 does not warrant that the Website, nor any of its links and related sites, will be free from defect nor free of viruses or other harmful components. The information contained in the Website is believed by N42 to be accurate but N42 accepts no liability for any reliance that the User places on it. N42 assumes no liability for any other websites to which the Website links. N42 shall not be liable for any direct or indirect loss including any loss of profit, consequential, indirect, special or incidental losses or damages howsoever arising out of the use of Website or the Restricted Areas (whether in contract, tort or otherwise). Any warranties or representations, express or implied, which are inconsistent with this clause are hereby excluded.
Security
The User shall not circumvent the encrypted data or gain access to more data than permitted under this Agreement or any other agreement with N42. The User is solely responsible for all security, and all use (including unauthorised use) of the User's password. The User shall only disclose its password to such of its principals or employees as is reasonably necessary and shall in no circumstances disclose the password to any other party.
Indemnification
The User shall hold harmless and indemnify N42 and its officers, directors, shareholders, employees, and agents from any and all liability, howsoever arising, including legal fees and expenses, arising from (a) the User's authorised or unauthorised use of the Website or (b) breach of this Agreement or (c) use of the Website by any other party having obtained access to Website after disclosure of the Users password to such other party or with the permission of the User.
Termination if the event of default
The unauthorised use, dissemination of information or the failure to comply with this Agreement, or a material breach by the User of any obligation or representation made by the User in any agreement with N42 or any company within the same group of companies, may result in the immediate termination by N42 of the User's right to access the Restricted Areas, without notice or liability on the part of N42.
Other Agreements
This Agreement has no effect upon any other written agreement with N42 and upon termination of this Agreement or revocation by N42 of the Users right to access the Restricted Areas, all representations, obligations, disclaimers and warranties made by N42 and the User in any other written agreement will continue in full force and effect subject to the terms of those agreements.
Severability
In the event that any provision of this Agreement shall be held invalid, illegal, or unenforceable, such invalidity, illegality, or un-enforceability shall not affect any other provisions of this Agreement.
Data Protection
Any details which the User provides to N42 from which N42 can identify any individual shall be held and processed in accordance with current Data Protection legislation.
Assignment
The User may not assign, transfer or novate this Agreement or any part thereof.
Governing Law
This agreement shall be governed, and construed in accordance with, the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
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