TRAKSIS ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may interact with our website(s) www.traksis.com and www.traksis.net (each our site and together our sites) and our web property management and maintenance portal service accessed through the website www.traksis.net (our portal) (“our sites” and “our portal” together shall be referred to as our Services). This acceptable use policy applies to all users of our Services.
Your use of our Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use www.traksis.com/terms and any licence agreement we require you to enter into prior to use of our portal. If you do not agree to these standards you should not use our Services.
www.traksis.com, www.traksis.co.uk and www.traksis.net are websites operated by Traksis Limited (we or us). We also operate our portal. We are registered in England and Wales under company number 07424401 and we have our registered office at Bank Chambers, 3 Churchyardside, Nantwich, Cheshire, CW5 5DE.
Our VAT number is 103 0263 81
We are a limited company.
To contact us, please email info@traksis.com or telephone our customer service line on 01270 820642.
There are other terms that may apply to you
Our Terms of website use www.traksis.com/terms also apply to your use of our site.
Prohibited uses
You may use our Services only for lawful purposes. You may not use our Services:
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (please see below).
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
· Not to reproduce, duplicate, copy or re-sell any part of our sites in contravention of the provisions of our terms of website use www.traksis.com/terms.
· Not to access without authority, interfere with, damage or disrupt:
• any part of our sites or our portal;
• any equipment or network on which our sites or our portal are stored;
• any software used in the provision of our sites or our portal; or
• any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our sites, including, without limitation:
· The ability for clients to upload client related site data including addresses, user details, contact details and site related documentation;
· The ability for clients to upload contractor related information (with whom the client has separately contracted for services) including addresses, user details, contact details, rate cards and categories of work;
· The ability for clients to upload job related information including site and job related documentation, details of work requirements and grading of contractor works;
· The ability for contractors to upload job and tender related information including site and job related documentation, details of work carried out, tender submissions and recommendations for further action;
· The ability for both clients and/or contractors to view job and work related information including previously updated documentation and contractor performance data.
(interactive services)
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our sites and portal, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide through our Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The material uploaded via the interactive services will be processed in accordance with our privacy policy – www.traksis.com/privacy.
Content standards
These content standards apply to any and all material which you contribute to our sites or portal (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
· Be accurate (where they state facts).
· Be genuinely held (where they state opinions).
· Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
· Contain any material which is defamatory of any person.
· Contain any material which is obscene, offensive, hateful or inflammatory.
· Promote sexually explicit material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Be likely to deceive any person.
· Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be in contempt of court
· Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
· Give the impression that they emanate from us, if this is not the case.
· Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
· Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
· Contain any advertising or promote any services or web links to other sites.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Services. When we deem that a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use www.traksis.com/terms upon which you are permitted to use our Services, and may result in our taking all or any of the following actions:
· Immediate, temporary or permanent withdrawal of your right to use our sites and/or our portal.
· Immediate, temporary or permanent removal of any posting or material uploaded by you to our portal.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 4 September 2018.
Which country’s laws apply to any disputes?
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
