Table of Contents

INTRODUCTION

(“Trace”, “us”, or “we”) We own and operate the website available at https://traceclub.in (“Website”) and associated mobile device application/software (“App”) (Website and App shall collectively be referred to as the “Platform”). The Platform is wholly owned, managed and operated by us.

Please read these Terms of Use carefully before using the Platform or any proprietary products and services offered by us (“Products and Services”). The Platform and any Products and Services offered by us are made available to you in accordance with these terms and conditions, and any other rules posted on Website (collectively, the "Terms of Use"). By using the Platform, Products and Services or any part of it, and any related service in any way, including (without limitation) downloading the App, visiting or browsing the Website, placing an order for the Products and Services, providing information and other materials or services on the App or the Website, you (the “user”, “you”, “yours”, “yourself”) agree to be bound by the Terms of Use, which constitute an agreement between you and us, and you warrant that you have the capacity and ability to agree to the Terms of Use and to carry out your obligations as set out in the Terms of Use. If you do not accept and agree to be bound by the Terms of Use, you must not register yourself on the Platform, must not place an order for Products and/or Services and must not use any of our Products and/or Services.

You agree that the electronic format of the Terms of Use does not in any way affect their validity or enforceability and you agree that we may communicate with you electronically for all aspects of your use of the Platform, Products and Services.

In particular, we wish to draw your attention to our privacy policy found on our Platform (“Privacy Policy”). We reserve the right to only accept registration of or provide our Products and Services to those over the age of 18 years. If you are under 18 years of age, you must let your parent or guardian know about these Terms of Use, our Privacy Policy and other terms and conditions available on the Platform before you access the Platform, Products and Services.

We may modify the Terms of Use from time to time (effective immediately), so please check back often. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Platform. Your continued use of any of the Platform and/or any of our Products and Services signifies your agreement to and is deemed your acceptance of our modified Terms of Use.

ACCESS TO SITE AND SERVICES

  1. License. Subject to these Terms, Trace grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, non-commercial use. Some of our Services may be provided to you under a separate license, including an open source license. In the event of a conflict between these Terms and any separate license, the separate license will prevail with respect to the Service that is the subject of such separate license.
  2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sublicense, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in whole or in part, or any content displayed on the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive website, product, or service. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. All copyright and other proprietary notices on the Site or Services (or on any content displayed on the Site) must be retained on all copies thereof.
  3. Modification. Trace reserves the right, at any time, to modify, suspend, or discontinue the Site and Services (in whole or in part) with or without notice to you. You agree that Trace will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site and Services or any part thereof.
  4. Ownership. Excluding any user content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

PROHIBITED USERS

You may use the Site and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site and the Services:

  1. for any illegal purpose or in violation of any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the INDIA or other countries);
  2. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  3. to collect, upload, transmit, display, or distribute any content:
    1. that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or
    2. that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
  4. to upload, transmit, or distribute to or through the Site or Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  5. to send through the Site or Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;