1. You accept that any assumptions made by you in entering into this Agreement and any reliance on the information obtained from the Tracerlock website are entirely at your own risk
2. You acknowledge that none of Tracerlock, its officers, employees, agents and/or representatives have made any representations or warranties as to the accuracy or completeness of the information obtained by you from the TracerLock website.
3. TracerLock will use reasonable efforts to ensure the quality of the service but makes no guarantee whatsoever in respect of the quality of the service. In particular, and without limiting the foregoing, TracerLock does not warrant that the service will collect all information on the website matching the search terms set out by you.
4. You may not join multiple unrelated TracerLock search terms into a single search term in order to avoid paying for more search terms. Search terms may only be joined with “OR” if they comprise multiple forms of the same term, or multiple terms with the same meaning. By way of example:-
bidder’s edge OR bidders edge OR biddersedge
would be permitted because it comprises multiple forms of the same term.
home refinancing OR home mortgaging
would be permitted because they have similar meanings.
bidder’s edge OR auctionwatch
would not be permitted because Bidder’s Edge and AuctionWatch are different entities.
(i)TracerLock is not responsible for the content of articles linked from TracerLock alerts;
(ii)TracerLock does not warrant that it has located every instance of a matching article to a search term; and
(iii)you will not republish in any public forum the alerts sent to you by TracerLock.
6. TracerLock warrants that:-
(i)it won’t divulge, disclose or otherwise give to a third party your email address, your TracerLock profile or your transaction records unless legally required to do so by a court of competent jurisdiction; and.
(ii)your email address will only be used by Tracerlock to forward you alerts in accordance with your TracerLock profile and any announcements from TracerLock.
7. To the maximum extent permitted by law TracerLock’s liability to you shall be limited to the amount that you have paid to use the service in the calendar month in which any liability arises.
8. If in any calendar month the Tracerlock system is inoperable for a period of 14 consecutive days for any reason whatsoever then TracerLock agrees that on receipt of your demand it will refund your subscription monies for that month. For the sake of clarity if the first day of the aforementioned 14 day period commences in one month and the last day of the 14 day period ends in the following month then no refund is payable by TracerLock.
9. It is acknowledged that in accessing the TracerLock website you may download and/or access computer code for display and/or installation and/or execution on your computer. In this regard it is acknowledged and agreed by you that Tracerlock will not be under any liability to you whatsoever in respect of any costs, expenses, damages or liability, including legal costs and expenses, whatsoever sustained, suffered or incurred by you, arising out, by reason of, as a consequence of or in connection with the access, download or use by you of any computer code as set out in this Item 9. Further to this, you hereby unconditionally and irrevocable release and discharge Tracerlock from all such costs, expenses, damages and liabilities.
10. These Terms of Service may be modified by TracerLock and such modifications will be posted to the TracerLock website. Continued usage of the TracerLock service by you after the modifications have been posted to the TracerLock website shall constitute acceptance by you of the revised terms.
11. This Agreement shall be governed by and construed according to the laws in force in Western Australia and you agree to submit to the jurisdiction of the Courts of Western Australia