User Agreement

When you sign up and register and make use of this site or otherwise also make use of this site or any part or contents thereof, termed herein as “software”, you implicitly agree to accept and be bound by the terms and conditions stated in this user agreement between you the user and Traceoffers.com and its owners, executors and assigns. This user agreement is read along with privacy policy and terms and conditions appearing elsewhere on this site. All these documents may be amended from time to time to reflect changing policy and such changes will not affect the legality and binding of this user agreement. If you do not agree please do not make use of this site.

Grant of limited rights

Traceoffers offers performance marketing software called software hereafter through this site and payment and use terms are defined for use of the said software and the tools as well as features.

Users are granted limited right known as end user license which is revocable, non-exclusive and non transferable. Users, under this agreement, have the right to use this site and software on terms and on payment of fees as stated herein subject to terms in this agreement, terms and conditions of use and privacy policy as well as other terms that may be applied from time to time as we may deem fit. Under this agreement you have the right to:

  • Use software by logging into the site or make direct use of the software
  • To upload and download data to the software
  • To customize features and tools to manage, analyze and process your data
  • To review and analyze reports and data you can download and use.
  • This user agreement is valid for the period for which user pays prescribed fees for its use.
Personal data and privacy

When you use the software and its site your personal data is collected and processed according to terms of privacy policy, terms of use and legal provisions. Site owner may, at his discretion, transfer such data to service provider or providers in order.

Account

User of this site and software is fully liable and responsible for maintaining security and confidentiality of user ID and password. If users observe any unauthorized use of their account or user ID and password they are bound to notify site owners. Users are also responsible for installing and using internationally accepted and recognized anti-virus software to keep their systems protected.

Termination

User is granted free trial period to try out the software after which he has the option to upgrade to subscription on payment of fees in order to make use of the full software for the period of subscription according to terms of use. Period of use starts when payment is made and ends on the date ending the period for which user has subscribed for use of the software subject to all terms of use and privacy policy. In all cases the effective date of commencement and termination ae based on the date when user subscribes after making payment and the end date is the end date stated for the subscription.

Term
  • Access to software is on a monthly basis until the period of subscription expires provided the user keeps on paying monthly subscription fees in advance.
  • We reserve the right to terminate this agreement at any time without assigning any reason.
  • You may terminate agreement and suspend subscription before start of the next subscription month.
  • Subscription automatically lapses if user does not pay user licence fee in time.
  • Once subscription expires or is terminated user loses access to software and right to its use.
  • However, our rights to enforce terms shall continue irrespective of termination of subscription and use.

Software use

User is fully bound by terms and conditions of use, privacy policy and the terms herein. In addition:

  • User may not access or attempt to access site and software save and except through the interface provided for user
  • User shall not attempt to access or access to owner servers or initiate any action that may disrupt operations and performance of the site and server where it is hosted.
  • User shall not attempt to reverse engineer or make use of code or in any copy or duplicate or sell the software or any part thereof for any purpose whatsoever at any time during and after the pendency of the agreement.
  • Violation of any of the above shall constitute a breach and result in immediate suspension of account and legal action as may be advised.
  • Site owner may update software or carry out maintenance during which period software may temporarily be unavailable for which site and its owner are not liable or legally bound to pay any compensation or incur legal procedures.
  • Force Majeure conditions may affect software and its availability for which site and its owners are not responsible or liable.
  • Site owners and site are not responsible for external third party plug-ins and internet services.
  • Site and software are property of owners and service provider has no rights to modify the site or software and no right to use the software and service provider has no right to provide any service to user except license level support.

Disclaimer and Limitation of liability

Notwithstanding anything contained here and the site and its owners’ assurance of services as well as applicable terms and conditions of use, it is clearly understood and accepted that:

  • Software is provided on as is basis and the site, its owner, service provider and software developer disclaim all implied or expressed warranties regarding the site and information contained as well as software in it as well as supporting performance software and support.
  • Disclaim any liability for fitness for specific purposes or use or performance parameters.
  • Disclaim any warranty about uninterrupted, bug-free performance.
  • Disclaim any warranty or liability that site and software’s susceptibility to being vulnerable to external threats and malware/virus attacks.
  • Disclaim any warranty about any outcomes as a result of the use of the site and software or associated products, guidance and advice whether given verbally or in writing or through electronic media.

In no case shall the site and its owners, executors or assigns as well as service providers and affiliates or employees be in any partly or wholly responsible for any damages, loss of profits or loss of data or business from use of the software and site or inability to use the site and software during pendency of the agreement or thereafter, irrespective of any tort, law or assumptions.

Liability is limited only to the extent of the value of the monthly subscription fees according to the subscription plan chosen by the user.

Ownership

The site and its owners have all ownership rights including IP rights to all software, code, structure and concept in addition to color theme, design, layout, graphics, images, text, multimedia components, reviews, data and information contained therein.

The ownership rights of content of the site and its contents are fully protected by national and international copyright and IP laws. Any unauthorized use in part or in full in any way is fully prohibited.

User only gets the right to use the software during pendency of the subscription period. User Has no ownership rights whatsoever to software, the site or any content and has no right to download, save, retrieve, copy, duplicate or in any process software and contents of the site or date therein for any purpose whatsoever except unless specified in writing by the site and its owner.

Laws and dispute resolution
  • This agreement is subject to prevailing laws as may be amended from time to time in India regardless of conflicts. Courts of India have jurisdiction to hear and conduct proceedings regarding any dispute out of this user agreement.
  • If user has any dispute or cause for action involving the site, its owners, executives, directors, employees, agents, successors and assigns they must file such claim within a year to be within the statute of limitation.
  • Any such rights of the user are non-transferable.
  • Should anyone else file such a claim on behalf of the user or claiming to represent the user then the user agrees to keep the site and its owners fully indemnified against all risks, claims, losses, expenses and damages as well as legal fees related to such claims and legal proceedings.

Force Majeure

The parties to the agreement herein agree and declare that neither will be responsible for breaches of the terms herein on account of force majeure conditions that are beyond control. Force majeure includes acts of God, fires, explosions, telecommunication service disruption, hacking, lack of access to IT systems, floods, earthquakes, government regulations and laws. Parties hereto agree to accept force majeure and to take such measures as may be appropriate under the conditions.

Miscellaneous
  • If courts find any provision of this agreement to be invalid or not acceptable, it will not be a ground for affecting other terms of the agreement or the agreement in its entirety which said terms shall remain in full force until expiration of the agreement.
  • No waiver, temporary or otherwise, shall be constituted as a waiver of the provisions of the agreements or enforceability of terms.
  • Regardless of expiration of the agreement, the applicability of terms such as IP property restrictions and damages, for example, shall survive and be fully enforceable by the site and its owners on the user at any time in the future.
  • This agreement does not create any right for the user to construe it as a franchisee, joitn venture, agency or representation or employee relationship.
  • User does not have rights to represent the site and its owner or to make any offers on their behalf or conduct any transactions.
  • Site and owner may assign rights of this agreement to any third party in part or full at any time at their discretion and the agreement shall remain fully in force at all times.
  • User may not and shall not transfer or assign his rights or legal obligations under this agreement to any third party.
  • The terms and conditions page, privacy policy and this end user agreement constitute the agreement as a whole accepted and agreed to by the user. In case of any conflict of terms of components, the terms herein shall prevail.