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terms and conditions of use


Please read this carefully. By accessing the i-TRAK.com website ("the website", www.i-TRAK.com) you are agreeing to the terms that appear below, whether or not you register as a user. If you do not agree to these Terms and Conditions please do not use the site.

All use of the i-TRAK service is subject to these Terms and Conditions. In registering to the service you agree to adhere to these Terms and Conditions.

As you read the agreement, remember that the words "you" and "your" mean the owner of the i-TRAK Tag or the user of the website. The words "we", "our", "us" and "the Company" refer to ilutra systems limited.

Introduction

These Terms and Conditions of Use are intended for all individuals ["Users"] who access and/or enter into any part of the Company's web site ["Site"], and/or subscribe to the service.

The Company reserves the right to amend and/or add, delete all provisions mentioned below and other information within these Terms and Conditions of Use, from time to time without notice.

The Site is owned and operated by ilutra systems limited, a company registered in the UK, number 03933888.

Intellectual Property

i-TRAK is a trademark of ilutra systems limited. You may not use it without our written permission.

The designs of all stickers, tags, related i-TRAK products are protected by copyright. You may not use or copy them without our written permission.

All content and materials available on this site are our intellectual property. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create, derivative works from such materials or content. You may receive and display the content from the website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use.

The i-TRAK business model is patented - Patent No. GB 2389836.

Registration

On registration, you should provide i-TRAK with accurate and complete registration information and it is your responsibility to inform i-TRAK of any changes to that information (in particular your email address). Changes to your details should be made directly to your personal control panel maintained on the i-TRAK secure server. On registration you will choose a username and password (collectively "your account ID"). You are responsible for all access to the site made using your account ID. You are also responsible for preventing unauthorized use of your account ID.

If you believe that there has been any breach of security such as the disclosure, theft or unauthorized use of your account ID you must notify us immediately by email to Admin@i-TRAK.com.

If you believe that there has been any breach of security such as the disclosure, theft or unauthorized use of your account ID you must notify us immediately by email to Admin@i-TRAK.com. to i-TRAK, Index House, St George's Lane, Ascot, Berkshire, SL5 7EU, UK. If you did not receive, or, require a postal registration form you may write to us at the same address to request a form.

Service

i-TRAK is an annual subscription service and your rights to this service are subject to your subscriptions being paid. Whilst we may receive reports on tracked items at any time, we will not pass the information on if subscriptions have not been paid.

If your i-TRAK service is suspended or terminated for any reason you will not be entitled to any refund of any payments already made to us.

Lost or damaged tags can be replaced for a reduced fee (to view current price click here) for registered users who have paid their annual subscription. Postage and packing at advertised rates for your delivery area will be charged. You can order replacements from the i-TRAK website www.i-TRAK.com and logging in to your account.

Product - IMPORTANT

i-TRAK tags are designed to permanently adhere to your luggage and other forms of property. The adhesive used on the i-TRAK tags is extremely aggressive and we accept no liability for any damage that may be caused to your property during the use or misuse of the i-TRAK tags.

The i-TRAK tag set and cleaning wipe must be kept away from children. The i-TRAK tag set and cleaning wipe must be used and handled with care. Do not stick i-TRAK tags to skin or ingest in any way. ilutra systems limited recommends you get immediate medical assistance should the i-TRAK tag set be used in this way. We accept no liability for any use of the i-TRAK tag that causes harm or damage to any possession.

Use of Information

Information received from a third party that relates directly to a registered i-TRAK unique ID code is automatically forwarded to the registered owners email addresses, specified additional contacts e-mail addreses, and published in the owners online account ID page. We cannot confirm or verify any information that is sent to you via the i-TRAK service from a third party.

You are solely responsible for the content of your messages. You must comply with any rules posted on the i-TRAK message services. In particular you may not:

  • Post or otherwise publish any messages containing any form of advertising for goods or services
  • Post or otherwise publish any messages that are unlawful, threatening, abusive, libellous, indecent, infringe the rights of third parties or which contain any other form of illegal or offensive content
  • Post or otherwise publish any messages that contain a virus or other harmful component
  • Restrict or inhibit any other user from using the databases.

By submitting messages to any i-TRAK database you agree to indemnify us and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any messages posted or published by you that are in breach of these terms.

By submitting messages to any us database you are granting us a perpetual royalty free non-exclusive licence to reproduce, make available, distribute and sub-license the message in whole or in part and in any form.

Limitation Of Liability And Disclaimer - IMPORTANT

The i-TRAK service is designed as a property marking system that will simplify the process by which a finder of lost property can contact the owner and arrange the return of that property. However, the user of the service is beyond our control and we cannot therefore offer any guarantee that i-TRAK tagged property will be returned to its owner.

Under no circumstances shall we or any other party involved in creating, producing, or distributing the i-TRAK goods or services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the i-TRAK property recovery system, this website, or related services, including but not limited to any omissions, interruptions, deletion of files, or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the i-TRAK records, programs, or content. Because some countries and states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and states liability is limited to the fullest extent permitted by law.

All materials, information, software, products, and services included in or available through this site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or no infringement. We, our subsidiaries, and our licensors, and advertisers, do not warrant that the content is accurate, reliable or correct; nor that this site will be available at any particular time or location; nor that any defects or errors will be corrected. Your use of this site is solely at your risk.

We will use reasonable endeavours to ensure that our server is available for the transmission of emails, the maintenance of the security of its databases and the operation of the website. However, any failure of the server to provide these services is beyond our control and we cannot therefore be held liable for any failure or disruption to the service.

We will send notification of a finders message via SMS (short message service) text message and email to the registered owner of the i-TRAK account at the number entered on our database. A finders message will also be published in the registered owners account page on the i-TRAK website (www.i-TRAK.com). Although the i-TRAK system is programmed to send notification messages instantly, ilutra systems limited give no warranty that the message will reach the owner within any guaranteed period.

SMS messaging is handled by third parties and we send an electronic message to an SMS service provider which is transmitted by them to the registered i-TRAK users registered mobile phone number. We assume no liability for failure of third parties to forward the SMS text message to the registered user.

We will also use reasonable endeavours to prevent breaches of security caused by 'hacking' but do not warrant that the system is impregnable to such attack and we will not be liable for any consequences of such an attack.

Other than in cases of damage for personal injury or death our total liability is restricted to refund of the cost of products or service purchased from us. No other direct or indirect liability is assumed or implied. Your statutory rights are not affected.

Privacy Policy

ilutra systems limited believes strongly in protecting user privacy and has adopted a privacy policy. Users of this Site should refer to our Privacy Policy for information about how we process information. This includes:

  • Using your information for the effective administration of the website and to communicate with you
  • The disclosure of your information to selected companies if you have given us permission to do so
Regardless of whether you have selected disclosure of your information to third party organisations or not we may at our sole discretion provide any information held about you to relevant law enforcement agencies having due cause to request such information.

By registering as a user of the i-TRAK service you are accepting the terms of our privacy policy. We reserve the right to amend its privacy policy from time to time. These changes will be notified to you by email and the new policy will be published on the 'Privacy Policy' web page.

Advertising And Sponsorship

Parts of the website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website complies with international and national law. We will not be responsible for any error or inaccuracy in any advertising or sponsored material.

Applicable Law

These terms shall be governed by and construed in accordance with English law.

The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute, which may arise out of, under or in connection with these terms, or the legal relationship established by them and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

General

You may not assign, sub-license or otherwise transfer any of your rights under these terms.

Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. We reserve the right, in our sole discretion, to terminate your access to all or part of this site and service, with or without notice.

Headings in these terms are for convenience only and will have no legal meaning or effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us in respect to this site and the site services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. If any of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in force and effect.