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These general terms of use and legal information (hereinafter, the “General Terms”) apply to the website of TracknTake S.L. (hereinafter, “TracknTake”), whose domain is https://trackntake.com, and to its related mobile application, as well as to all its related sites or sites linked from https://tracknntake.com by TracknTake, as well as its affiliated companies. By using the site, you accept and expressly agree to these terms of use. If you do not agree, please refrain from using it.
Introduction
Welcome to TracknTake CMS, where we collaborate with third-party stores to host their product details and inventory control systems. We value your privacy and are committed to protecting your personal information.
1.Information Collection
When you register as a store user on TracknTake, we collect your name, email address, and contact number to create your account and facilitate communication.We may also collect transactional information related to the products you sell through the platform, including order details, payment information, and shipping addresses.
2. Information Use and Sharing
The information we collect is used to provide you with CMS services, including managing product listings and order fulfillment.We may share your contact information with clients to facilitate communication regarding their orders and deliveries.
3. Data Security
We use industry-standard encryption and secure data storage to protect your information from unauthorized access.In the event of a data breach, we will promptly notify affected parties and take necessary steps to mitigate any potential harm.
4. User Rights and Choices
You have the right to access and update your personal information in your account settings.If you wish to delete your account and personal data from our system, you can contact our support team to make the request.
5. Data Retention
We retain your account information and transactional data for as long as you maintain an active account with TracknTake. Once you close your account, we will securely delete or anonymize your data within 30 days, except where legal or regulatory requirements dictate otherwise.
6. Cookies and Tracking Technologies
TracknTake uses cookies to enhance your browsing experience and remember your preferences. You can adjust your browser settings to control cookie usage.
7. Third-Party Services
We use Google Analytics to analyze website traffic and usage patterns. Google Analytics may collect anonymous data through cookies, and you can review Google's privacy policy for more information.
8. International Data Transfers
By using TracknTake, you consent to the transfer of your information to our servers located in the United States and processing in accordance with this Privacy Policy.
9. Children's Privacy
TracknTake is not intended for use by individuals under the age of 18 without parental consent. If we become aware of any personal information collected from children, we will promptly delete it.
10. Changes to the Privacy Policy
If we make any material changes to the Privacy Policy, we will notify you via email or through the platform. The revised Privacy Policy will be effective from the date mentioned in the notification.
11. Contact Information
For any privacy-related inquiries or requests, you can contact our support team at support@trackntake.com.
12. Consent and Acceptance
By clicking "I Agree" during the account registration process, you acknowledge that you have read, understood, and agreed to this Privacy Policy.
Terms of Use
1.Acceptance of Terms
By accessing or using TracknTake, you agree to abide by these terms of use.
2. User Responsibilities
Store users are responsible for updating and maintaining accurate product information that will be displayed in the mobile app version to clients.It is essential for store users to ensure that the product details, including availability, pricing, descriptions, and images, are kept up to date and accurately reflect the current inventory.Failure to maintain accurate product information may lead to negative user experiences and potential business impacts.
3. Importance of Accurate Information
Accurate product information is crucial for providing a positive user experience and enabling effective transactions between stores and clients.Inaccurate or outdated information may result in client dissatisfaction, order discrepancies, and potential loss of business opportunities.
4. Warning and Access Removal
TracknTake emphasizes the importance of timely updates to product information. If inaccurate or outdated information is detected, store users may receive warnings or notifications from our platform.Continued failure to update and maintain accurate product information after receiving multiple warnings may result in temporary or permanent removal of store access to the platform.The decision to suspend or terminate access will be made at the discretion of TracknTake, taking into consideration the impact on users and the overall functionality of the platform.
5. Data Privacy and Security
TracknTake is committed to protecting the privacy and security of all users' data, including store users and clients. Any personal or sensitive information collected through the platform will be handled in accordance with applicable data protection laws and regulations. The platform will have a separate Privacy Policy detailing the collection, use, storage, and disclosure of personal data.
6. Intellectual Property Rights
Users of TracknTake must respect the intellectual property rights of others. Store users should ensure that the product information they upload, including images and descriptions, does not infringe upon any third-party copyrights, trademarks, or other intellectual property rights. Any content found to be in violation will be subject to removal, and repeat offenders may face account suspension or termination.
7. Prohibited Content and Activities
The following content are strictly prohibited on the platform. This may include but is not limited to:
a. Posting offensive, defamatory, or misleading information.
b. Selling counterfeit or illegal products.
c. Engaging in fraudulent activities or misleading clients.
d. Circumventing platform fees or any attempts to deceive the platform or its users.
e. Uploading malicious software or engaging in hacking attempts.
8. Dispute Resolution and Mediation
In the event of a dispute between a store user and a client arising from their use of the TracknTake platform, both parties agree to first attempt to resolve the matter amicably through informal negotiation. If the dispute remains unresolved after a reasonable period of negotiation, the following formal dispute resolution and mediation process will be followed:Notification of Dispute: The aggrieved party shall submit a written notice to the other party outlining the nature of the dispute, the relevant details, and the desired resolution.Mediation Request: Upon receiving the notification of dispute, both parties shall agree to enter into mediation and promptly notify TracknTake of their intention to pursue mediation. Both parties must mutually agree on the selection of a qualified and neutral mediator. If the parties cannot agree on a mediator, TracknTake may appoint one on their behalf.Mediation Process: The mediation session(s) will be conducted at a mutually agreed-upon location or through virtual means, allowing both parties to present their perspectives and concerns. The mediator will facilitate discussions and work towards finding a mutually acceptable resolution.Good Faith Participation: Both parties shall participate in the mediation process in good faith and make reasonable efforts to reach a resolution.Confidentiality: All communications made during the mediation process, including discussions, documents, and any settlement offers, will be treated as confidential and not disclosed to any third party or used in any subsequent legal proceedings.Binding Nature of Agreement: If a resolution is reached through mediation, the terms of the agreement shall be reduced to writing and signed by both parties. This agreement will be binding upon the parties, and any breach will be enforceable in accordance with applicable laws.Failure to Reach a Resolution: If the mediation process does not result in a resolution, either party may pursue other legal remedies available to them, subject to the terms and conditions outlined in the TracknTake Terms of Use Policy.
9. Fees and Payment
Commission Fees: When using TracknTake as a store user, you agree to pay a commission fee of 3% on all payments received from users for products presented in the mobile app through the CMS common platform. This commission is deducted automatically from the total payment amount received for each successful transaction. Additionally, when you sell your products and services on our marketplace, an annual service fee of 59 EUR will be applied. Both the commission and service fees are deducted from your earnings, which means we will never bill you for our services. You can always cancel your account with us at any time without any commitment and extra cost.
Payment Processing: The payment process will be facilitated through the integrated payment gateway, Stripe. Upon registering on the TracknTake platform, each store user will have a Stripe account created for them, which will be linked to their store profile. Users must ensure that their Stripe account is properly set up and verified to receive payments seamlessly.
Fund Allocation: After deduction of the 3% commission fee and the annual service fee of 59 EUR, the remaining funds from each transaction will be directed to the store's linked Stripe account. It is the responsibility of the store user to regularly check their Stripe account for new payments and verify the receipt of funds.
Client Payment Confirmation: As a store user, you are required to confirm the receipt of payments made by clients through the platform's mobile app. This confirmation must be made promptly upon receiving the payment in your Stripe account to avoid any delays in order processing.
Refunds and Chargebacks: Store users have the ability to process refunds directly through their Stripe account if they wish to refund a client for a valid reason. It is essential to adhere to Stripe's refund policies and guidelines when processing refunds to ensure compliance with payment industry standards.Disputes and Chargebacks: In the event of a dispute or chargeback initiated by a client, store users are responsible for handling such issues through their Stripe account. TracknTake will not be involved in the resolution process for payment disputes between store users and clients.
Product Pickup Policy: Clients are required to pick up their purchased products within 3 days of the transaction date. Failure to do so will result in the store contacting the client to arrange a pickup or delivery. If the client does not respond or fails to pick up the product within an additional 4 days after being contacted by the store, the store reserves the right to cancel the transaction and issue a refund to the client, deducting any applicable cancellation or restocking fees.
Currency and Exchange Rates: All transactions conducted through the TracknTake platform will be processed in the currency specified by the store user during their registration process. Any currency conversion fees or exchange rate differences applied by Stripe or the user's financial institution will be the sole responsibility of the store user.
Fee Updates: TracknTake reserves the right to revise the commission fee percentage or implement new fees for specific services. In the event of any fee changes, store users will be notified in advance through their registered email addresses.
10. Liability Limitations
Product Quality and Safety: TracknTake provides a CMS platform that facilitates the connection between store users and clients, allowing for the display and sale of products. However, TracknTake does not manufacture, produce, or control the quality, safety, or legality of the products sold by store users. Therefore, TracknTake cannot be held liable for any defects, damages, injuries, or losses resulting from the use or consumption of products purchased through the platform.Content Accuracy: While TracknTake makes every effort to ensure the accuracy and reliability of the content displayed on the platform, including product information and descriptions, it does not guarantee the completeness, correctness, or reliability of such content. Store users are responsible for providing accurate and up-to-date product details and store process times. TracknTake shall not be liable for any inaccuracies, omissions, or misrepresentations in the content displayed on the platform.Third-Party Links and Content: The TracknTake platform may contain links to third-party websites or content provided by third parties. These links are provided for convenience and informational purposes only. TracknTake does not endorse, control, or assume responsibility for the content, services, or products offered by third-party websites. Users are encouraged to review the terms and privacy policies of any third-party sites they may visit through the platform. TracknTake shall not be liable for any damages or losses arising from the use of third-party websites or content.Platform Availability and Performance: TracknTake strives to maintain the availability, functionality, and performance of the platform at all times. However, the platform may experience occasional downtime, technical issues, or interruptions due to maintenance, upgrades, or unforeseen circumstances. While TracknTake endeavors to minimize disruptions, it shall not be held liable for any losses, damages, or inconveniences arising from such events.User Conduct and Interactions: TracknTake does not control the actions or conduct of store users or clients using the platform. Users are solely responsible for their interactions, transactions, and engagements with others on the platform. TracknTake shall not be liable for any disputes, harm, or damages resulting from user interactions or conduct.Indirect and Consequential Damages: In no event shall TracknTake, its affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, arising from the use or inability to use the TracknTake platform.Total Liability: TracknTake's total liability, whether arising from contract, tort, or otherwise, shall be limited to the total fees paid by the store user to TracknTake in the preceding six (6) months from the date of the claim.By using the TracknTake platform, store users and clients acknowledge and accept these liability limitations. Store users are advised to regularly review and maintain their own insurance coverage to protect against any potential liabilities that may arise from their use of the platform.
11. Changes to the Terms of Use Policy
TracknTake reserves the right to modify or update the Terms of Use Policy as needed. TracknTake will notify all users of any changes as well as publishing the specific date when the revised terms have come into effect.
12. Governing Law and Jurisdiction
For any conflict between the contracting parties, doubt about the interpretation or performance of this Agreement, the Parties submit to the Courts of Palma de Mallorca, waiving their own jurisdiction if they corresponded.
Terms and Conditions
1.Independent Store Relationships
Each third-party store using TracknTake is an independent entity responsible for handling their discussions and interactions with their clients.TracknTake does not participate in, mediate, or take responsibility for any disputes or transactions between the stores and their clients.
2. Limitation of Liability
TracknTake shall not be held liable for any losses, damages, or disputes arising from the use of TracknTake or interactions between stores and their clients.Users agree to release TracknTake from any claims or demands related to such disputes or transactions.
3. Termination and Suspension
TracknTake reserves the right to terminate or suspend access to the CMS platform if users violate the terms of use or engage in prohibited activities.
4. Intellectual Property Rights
All content and materials provided on TracknTake, including but not limited to logos, trademarks, text, graphics, and images, are the intellectual property of TracknTake or its licensors. Users are prohibited from using, reproducing, or distributing any of these materials without prior written consent from TracknTake.
5. Prohibited Activities
Users are strictly prohibited from engaging in any illegal, fraudulent, or unauthorized activities on the platform. This includes but is not limited to hacking, distributing malware, spamming, or any action that violates applicable laws or TracknTake's policies. Violations may result in account suspension or termination, and, if necessary, legal action.
6. Content Moderation and Removal
TracknTake reserves the right to monitor and moderate user-generated content posted on the platform. Any content found to be offensive, inappropriate, or violating the terms of use may be removed or edited without prior notice. Repeat offenders may face account suspension or termination.
7. Indemnification
Users agree to indemnify and hold TracknTake harmless from any claims, damages, losses, or liabilities arising from their use of the platform, their interactions with clients, or any violation of the terms and conditions. This includes any legal fees incurred by TracknTake in defending against such claims.
8. Governing Law and Jurisdiction
The Terms and Conditions Policy shall be governed by the laws of the jurisdiction in which TracknTake is based. Any disputes arising from or related to the use of the platform shall be subject to the exclusive jurisdiction of the competent courts in that jurisdiction.
9. Modification of Terms
TracknTake reserves the right to modify or update the Terms and Conditions Policy at any time. Users will be notified of any material changes, and continued use of the platform after such modifications constitutes acceptance of the revised terms.
10. Entire Agreement
The Terms and Conditions Policy, along with the Privacy Policy and any other relevant policies or agreements, constitute the entire agreement between users and TracknTake concerning the use of the CMS platform. Any prior agreements, understandings, or representations are hereby superseded.
11. Severability
If any provision of the Terms and Conditions Policy is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
12. Waiver
The failure of TracknTake to enforce any provision of the Terms and Conditions Policy shall not be construed as a waiver of that provision or the right to enforce it at a later time.
13. Prohibited Content and Activities
The use of our service is subject to the following restrictions. The following activities are not allowed:
Any activity that violates any law, statute, ordinance, or regulation.Activities that violate PayPal's Acceptable Use Policy (https://www.paypal.com/us/legalhub/acceptableuse-full?locale.x=en_US).The sale of illegal products or services.The sale of counterfeit or unauthorized products.Activities that promote hate, violence, harassment, or any form of discrimination.
Compliance Controls
To ensure compliance with our Acceptable Use Policy (AUP) and T&C, we implement the following controls:
Web Evaluation: We use automated tools to evaluate and monitor listings on our platform.Pre-listing Investigation: We conduct a pre-listing investigation of sellers and their listings before allowing them to sell on our platform.Ongoing Reviews: We conduct periodic reviews of top sellers to ensure continuous compliance with our policies.Fixed Inventory: We maintain a fixed inventory/menu of items that sellers can offer on our platform.
Product Warranty Policy
1. Introduction
Dear Local Partners,
Welcome to the warranty guidelines section for TracknTake. Our platform connects users with a diverse range of products from various retailers like you. This document provides clarity on the handling of product warranties for items sold through our app.
2. Platform's Role & Limitations
TracknTake is dedicated to being a trusted product discovery platform. As you're aware:
Our main service is to connect users with the rich catalog of products provided by our esteemed retail partners.We do not get involved in the direct sales or after-sales services of any product listed.
3. Your Responsibility as a Retailer
As a store associated with TracknTake, you have full autonomy over the warranties of the products you list:
You are solely responsible for setting, managing, and honoring the warranties for your products.The terms, conditions, duration, and coverage of warranties are all under your purview.
4. Communication with Customers
To maintain a high level of trust and transparency:
Ensure that all warranty details are clearly communicated to customers, ideally at the point of product collection or purchase.We recommend having written warranty policies or brochures available for customers or training your customer service representatives to provide accurate warranty information upon request.
5. Handling Warranty Concerns
If a user contacts TracknTake with warranty-related queries or concerns for a product they discovered on our platform:
We will direct them to liaise directly with your store.We trust in your commitment to providing exemplary customer service and handling each query in a manner that aligns with your store's policies and values.
6. Conclusion
Partnering with TracknTake means being part of a network that prioritizes transparency and customer satisfaction. By ensuring that all warranty processes are smooth and well-communicated, together, we can offer users a seamless and positive shopping experience.
Thank you for your continued collaboration and commitment to excellence.Last updated on: 20.03.2024
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