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