Terms & Conditions

Website Terms of Use and Acceptable Use Policy

Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website, www.traxtrader.com (our site), whether as a guest or a registered user. Use of our site includes use of any of the facilities and services related to our site, including accessing, browsing or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

This is version one of our Terms of Use and Acceptable Use Policy, and was most recently updated on 23 March 2018.

 

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, as well as the cookies that we use on our site. By using our site, you consent to such processing and use of such cookies, and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, set out below, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

 

Information about us

Our site is operated by us, TraxTrader, which is the trading name of TraxTrader Limited, a company registered in Wales & England under company number 10914030 whose registered office at Limegreen Studios, Cottrell Road, Roath, Cardiff, South Glamorgan, United Kingdom CF24 3EX. Our VAT number is 292530501.

 

Changes to these terms

We may revise these terms of use at any time by amending this page. It is your obligation to check regularly if changes have been made. Use of our site after changes are posted on-line constitutes acceptance of any new terms.

 

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

Accessing our site and subscriptions – your attention is particularly drawn to this section

Whilst you may freely access and use our site as a user, subject to your adherence to these Terms of Use and our Acceptable Use Policy, and our right to suspend your access having good cause at any time, if you wish to use our site to advertise or feature listings for your plant, machinery or equipment, then you will have to create an account with us and take out a paid subscription to access these features.

 

Subscriptions

There are three basic tiers of subscription to our site, basic, standard and premium, and rates will be specified on our site whenever you sign up for your first subscription. Finally, there is an additional tier of subscription for corporate members.

The different features available to these four tiers of members will be specified on our site whenever you first select your chosen tier of subscription.

You will have the option of paying your subscription fees on a monthly or yearly basis (in the latter case you will be offered a saving off your total subscription fees for the year as opposed to paying on a monthly basis).

Our billing dates are determined by when the subscription was created, or if you have chosen to avail of any free trial period which we may offer (or withdraw, at our sole discretion) from time to time, the date the trial came to an end.

We ask all our subscribers to pay via direct debit, which is deducted automatically on either a monthly or yearly basis depending on the payment plan you have selected.

For example, if you subscribed to a monthly or yearly plan on the 2nd you will always be billed on the 2nd. If another user subscribed to that same plan starting on the 15th they will always be billed on the 15th.

Please note that if your subscription is unpaid at any time, then we reserve the right to disable your account and access to our site, without prejudice to our other rights, including a right to claim interest at a rate of 8% above the base rate of interest of HSBC Bank PLC from time to time, compounded monthly and accruing from the due date until the date the debt and interest are paid in full.

We also reserve the right to terminate your access, even where a subscribing customer, where you breach any material term of these Terms of Use or our Acceptable Use Policy, as specified in more detail in our Acceptable Use Policy.

We have set out below details of how you can change your subscription, alter your payment frequency, cancel or renew your subscription. If you have any queries about our subscription system you can contact us at [email protected].

 

Changing from monthly to yearly payments

If you want to change the frequency of payments for your subscription you can do this via the subscription page in the members’ dashboard. Your subscription will remain active until the end of the billing period. Then, when your monthly subscription is due, you'll automatically be upgraded to a yearly subscription. That will be the start date of your new yearly billing subscription.

 

Upgrading a subscription

You can upgrade your subscription at any time. If you’re paying monthly we'll automatically bill you from the date you upgrade and on a monthly basis until cancellation. If you're on an annual plan you will be billed a single payment of the difference between the old and new subscription. You can do this via the subscription page in the members’ dashboard.

 

Downgrading a subscription

You can downgrade your subscription at any time, however you must finish out any remaining time on your current subscription before the account actually downgrades. You can do this via the subscription page in the members dashboard.

 

Cancelling a subscription

Providing a subscription is cancelled before the next payment is due no further payments will be taken. If you're on an annual plan, we'll send you a single email notice (to the email address associated with your account) reminding you that your subscription is about to renew within a reasonable period of time prior to the renewal date. We accept no liability should you fail to receive or read this email notice for any reason. Cancellations can be actioned via the subscription page in the members dashboard. If you do not cancel your subscription it will automatically roll over into the following year or month, depending on the plan you picked at the time you first subscribed to use our site.

 

Renewing a subscription

Subscriptions do not need to be renewed manually. If you’re on a monthly subscription we will automatically bill you each month until cancellation. If you're on an annual subscription plan, we'll send you a notice email reminding you that your subscription is about to renew within a reasonable period of time prior to the renewal date. If you don’t chose to cancel before the renewal date, your annual subscription will automatically roll over.

 

Accessing our Site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing worldwide but we may limit the availability of our site or any service or product described on our site to any person or geographic area at any time.

 

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

 

No reliance on information

The content on our site is provided for general information only (and is often contributed to by external parties). It is not intended to amount to advice on which you should rely. You should not rely on any material on our site to make (or refrain from making) any decision or take (or refrain from taking) any action.

Although we make reasonable efforts to update the information on our site which we provide (as opposed to our users and advertisers), we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.Our site contains information submitted and created by commercial dealers, individuals selling Equipment, advertisers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.

 

Limitation of our liability – your attention is particularly drawn to this section

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Northern Irish law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied, including as to:

a. the completeness or accuracy of the advice and information contained on our site or any associated website;

b. the content of the advertisements for Equipment included on our site, including but not limited to the ownership, quality, authenticity of Equipment or the content more generally including any photographs, compliance with description or fitness for purpose of any such Equipment;

c. the results of any search of our site or circumstances where there is a limited range of Equipment selected by the search on our database which might meet your requirements.

 

Our site publishes advertisements placed by third parties to advertise their Equipment and other goods and/or services. Our site serves solely as a medium for placement of such advertisements.

We do not own the Equipment advertised for sale on our site, and have undertaken no due diligence as to the background or status of those using our site, or their Equipment, and accept no liability for these or for any losses that you may incur as a result of purchasing any Equipment, other goods and/or any services advertised by third parties.

If you choose to purchase Equipment, goods and/or services advertised for sale by third parties on our site, the contract will be between you and the third party advertiser and not with us. You are responsible for taking steps to safeguard yourself before contacting a seller and/or making a purchase and undertaking proper due diligence on any Equipment, other goods or services they have to offer. If you see anything suspicious please or believe an advertisement to be fraudulent, please report it to us immediately so we can investigate.

 

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or 
  • use of or reliance on any content displayed on our site. If you are a business user, please note that in particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use.

You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

You understand and acknowledge that in using our site, you may be exposed to content that is factually inaccurate, offensive, indecent, fraudulent or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such content.

 

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy set out below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the Rights you licence paragraph below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy, which is set out below.

The views expressed by other users on our site do not represent our views or values. You are solely responsible for securing and backing up your content.

 

Intellectual property rights and content

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining consent or a licence to do so from us or our licensors.

By using our site to search for plant, machinery and equipment (Equipment), you agree that you will only use, reproduce and print materials comprising the results of such searches for your or your business’ own internal purposes. You must only use the contact details provided by any of our advertisers to contact them in connection with a genuine enquiry relating to the purchase of the Equipment in question.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Rights you licence

When you upload or post content to our site, including photographs or other details of Equipment, you grant us a non-exclusive, royalty free, freely licensable, transferable, worldwide, perpetual and irrevocable license to use all such content (inside or outside of its original context) for any purposes and on any media we see fit, and to all users of our site or third parties to do likewise, without prejudice to your statutory rights.

Any personal data you provide us will be processed in accordance with our Privacy and Cookies Policy.

 

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

Linking to our site

You may link to our home page without our consent, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to make any use of content on our site other than that set out above, please contact [email protected].

 

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

 

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have, unless otherwise mandated by the mandatory provisions of law in the country in which you reside (in which case jurisdiction shall be non-exclusive), exclusive jurisdiction.

If you are a business, these terms of use, 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.

 

Contact us

To contact us, please email [email protected]. Thank you for visiting our site.

 

Changes to the Terms of Use and Acceptable Use Policy

We may revise these terms of use and the acceptable use policy below at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

Some of the provisions contained in either may also be superseded by provisions or notices published elsewhere on our site.

 

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our site. This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use, which are available above.

 

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

  • 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 as 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 site in contravention of the provisions of our terms of website use set out above.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; 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 site, which allow you to post or edit content, including comment features (generically, the interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, 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 on our site, 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 use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. 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 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.

 

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 site. When 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 set out above upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • 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.