1.2. The person who accesses the Website or installs the GeoTrack extension is to be regarded as the GeoTrack User (“the User”) and it implies the full acceptance of these General Terms by the User. In the event of not agreeing with all or any of these General Terms, the User must leave the Website immediately and/or proceed to uninstall the GeoTrack extension from his browser.
1.3. By agreeing to these General Terms, the User warrants that:
1.4. The access and use of the Website and/or the GeoTrack extension by minors require the consent of their parents, guardians or legal authorised representatives. Such persons shall be held liable for the acts carried out by the minors under their custody. Please contact us in case you wish to authorise a minor.
1.5. FXINTER LLC, is owning and operating the geotrack website and its services (“the Company”) and reserves the right to modify, at any time and without prior notice, the products and services offerings as well as any aspect of these General Terms. Notwithstanding the foregoing, the transactions made by the User prior to such modifications will be honoured.
1.6. The Company may contract the service of a third party to record and monitor the versions of these General Terms. In such case, The Company and the User agree that the legal texts to govern their contractual relationship will be the ones in full force as of the date of purchase according to the third party entrusted with the task of recording the versions.
3.1. The access to the Website is free, except for the cost of connection through the telecommunications network supplied by the User’s provider.
4.1. The User agrees to use the Website and the GeoTrack Service in accordance with the law, moral principles and public order as well as the herein General Terms. The User shall refrain from using the Website or the GeoTrack Service for illegal activities or purposes that may be considered a criminal offence against third parties as well as violating any applicable law. The User agrees not to:
4.2. The User agrees to indemnify and hold harmless the Company against any complaint, fine, penalty or sanction arising from the User’s failure to comply with the aforementioned conditions of use. The Company reserves the right to claim compensation for damages incurred.
4.3. The access, the purchase and use of the products made available by the Company requires a computer or computer equipment as well as internet connection. Any expense in connection with such items is not included in the services described in the herein General Terms and shall be borne exclusively by the User.
4.4. The Company shall not be held responsible for the custody and use of the User’s password necessary to access the User’s Gmail account; being such responsibility imposed on the User. the Company shall assume that any User accessing his Gmail account using his password is the legit user of the service.
5.1. The Website may contain links, directories and search engines that enable the User to access third party websites and portals (“Linked Sites”). In such case, the Company shall only be responsible for the content and services provided through the Linked Sites when it has effective knowledge of any unlawful activity and does not proceed to remove the link diligently. Should the User consider that a Linked Site contains unlawful or inappropriate content, he must inform the Company of such circumstance. In no case shall such communication impose on the Company an obligation to remove such link.
5.2. The inclusion of Linked Sites on the Website neither implies an agreement between the Company and the owners of the Linked Sites nor implies the recommendation or the endorsement of the Linked Sites and/or its content by the Company.
5.3. Unless otherwise stated on the Website, the Company is unaware of the content and services of the Linked Sites and, consequently, shall not be held liable for any damage caused to the User or third parties by the unlawfulness nature, quality, outdating, unavailability, error or futility of the Linked Sites.
6.1. All content on the Website and the GeoTrack Service is owned by the Company or third parties, including, but not limited to, the texts, photographs, graphics, images, icons, technology, software, links and any other audiovisual o sound content as well as its graphic design and source code. Under no circumstance shall the rights of exploitation contemplated in the intellectual property legislation in force of the aforementioned content be deemed to have been assigned to the User.
6.2. The trademarks, trade names or distinctive signs of any class displayed on the Website are owned by the Company or third parties. Under no circumstance shall their trademark rights be deemed to have been assigned to the User.
6.3. In regards to the GeoTrack extension, the Company only grants to the User a personal, worldwide, non-transferable, non-exclusive license for the duration of its term. After the termination of such term, not matter the cause, the User shall cease immediately using the GeoTrack extension and the GeoTrack Service.
6.4. The User is forbidden of, whether partially or fully, either copying, modifying, disassembling, unminifying, taking any action to derive the source code, creating derivative works or reverse engineering the GeoTrack extension and/or the GeoTrack Service.
7.1. Purchase Process
7.1.2. In order to use the GeoTrack Service, the User must sign in to his Gmail account by using the Google Chrome browser and install the GeoTrack extension.
7.1.3. The purchase process requires the User to identify himself by using Google’s authentication mechanisms (Oauth2) and to grant GeoTrack all the authorizations requested throughout the process. The service shall be purchased for the account involved in such process.
7.1.4. Additionally, the purchase process of GeoTrack requires the User to introduce his credit or debit card number and any other information necessary to authorise the charges to such card.
7.1.5. The Company shall keep an electronic receipt of the User’s purchase. Such receipt will not be available for the User.
8.1. Whenever the User does not fill out a required field, he will not be allowed to advance through the purchase process until such required field is filled out. A message will be displayed warning the User of such circumstance.
8.2. The User will be able, at any time, to modify and/or update his info as User of the GeoTrack Service by accessing the “Preferences” section. The User can access this section by loging in the GeoTrack dashboard.
8.3. In the event of non-rectifiable errors during the purchase process (for example, the purchase is made for the wrong Gmail account), the User may request within 30 days the correction of such error by sending a communication at firstname.lastname@example.org.
9.1. The pricing and the terms of the different GeoTrack Service subscription modalities are displayed on the screen prior to the purchase process when selecting a modality of subscription.
9.2. The Valued Added Tax (VAT) can be included in the prices.
10.1. The User can evaluate GeoTrack services for free. As such, the Company does NOT refund any subscription plan. If the user cancels the service before it expires, access to the service ends at the expiration date (6 months or 1 year after the subscription date).
12.1. In case of doubt regarding GeoTrack and the operation of the GeoTrack Service, the User may contact the Company by sending an email at email@example.com.
13.1. In all cases, the Company (including its directors, officers, employees and members) shall not have any liability to the User in regards to any and all claims arising out of the GeoTrack Service and access to the Website. In this respect, the Company shall not be held liable for, including but not limited to, indirect damages; immaterial damages; expectation damages; loss of income, profits or goodwill and loss of data or use, regardless of whether the Company has been warned of the possibility of such loss or damages.
13.2. In any case, the User may not take any action against the Company once a year has elapsed since the event causing the loss or damage occurred.
13.3. The Company shall not assume any responsibility for the electronic communications that the User sends using the GeoTrack Service or for the consequences of any kind that the User may suffer from using the GeoTrack Service, including email loss, email not scheduled, email not tracked.
13.4. The Company shall not assume any responsibility for the malfunction of the GeoTrack Service or failure to the Internet network or the service provided by Google or any third party.
14.1. All notices, requests, demands, and other communications between the Company and the User in connection with the GeoTrack Service or the access to the Website shall be in writing and shall be deemed to have been duly delivered if sent by certified mail or certified fax (burofax) to the address which the parties have indicated to the other to that effect.
14.2. Notwithstanding the foregoing, notices sent to the Company shall be deemed to have been duly made when sent by means of email at firstname.lastname@example.org.
14.3. On the other hand, notices sent to the User shall be deemed to have been duly made when sent by means of email at the address associated with the User’s Gmail account as of the start of the GeoTrack Service use or, if required, the one that the User had provided the Company with to that effect.
15.1. In the event that any provision of these General Terms were to be found, whether partially or fully, to be null or void, such invalidity shall only affect the provision or section considered to be void or unenforceable. The remaining provisions of these General Terms shall continue in full force. The invalid provision, whether partially or fully, shall be considered as not included in these General Terms.
16.1. These General Terms shall be governed by and construed in accordance with the laws of United States of America, in the State of New York.
16.2. The purchase of the GeoTrack Service shall be considered to have been formalised on the place where the Company’s registered offices is located at the moment of purchase.
17.1. The User and the Company expressly waive any other jurisdiction which may correspond to them and agree to resolve any controversy arising out of the GeoTrack Service or the access to the Website before the Courts of New York (USA), except when the applicable law necessarily imposes otherwise.