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General Terms and Conditions

Application

  1. These Terms and Conditions apply to the usage of our internet services and/or the provision of the services (Services) by Track Record Global Ltd a company registered in England and Wales under number 04811992 whose registered office is at Unit 40, Murdock Road, Bicester, Oxfordshire, OX26 4PP (we or us) to the person using the services (you).
  2. You are deemed to have accepted these Terms and Conditions when you agree to the terms on the website or in writing, and this agreement replaces any General Terms and Conditions agreement between us.
  3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

  1. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
  2. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
  3. Words imparting the singular number shall include the plural and vice-versa.

Services

  1. We warrant that we will use reasonable care and skill in our performance of the Services, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
  2. We will use our reasonable endeavours to complete the performance of the Services within the time agreed; however, time shall not be of the essence in the performance of our obligations.We warrant that we will use reasonable care and skill in our performance of the Services, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

Your obligations

  1. We will specify in the Service the information and data that you are required to provide as part of the Service. You must obtain any permissions, consents, licences or otherwise for any information or data that you provide for us under this agreement.
  2. If you do not provide the data or information specified in the Service (or otherwise do not respond or comply) we may report this to the organisations specified in the Service, and can terminate the Service and agreement.
  3. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Confidentiality and Privacy

  1. We will store and process your data as part of our risk assessment and other services. We will share data with other organisations where specified in the Service and where we have a legal obligation, and we/they will process and store the data as part of our/their obligations.
  2. We will not share or make public information about your company or your data, except as specified in clause 12 or with your consent.
  3. Where data relates to a legal responsibility or risk assessment (for instance the safety assessment of a product) we, and the organisations specified in the Service, have an ongoing responsibility to store and process this data.

Personal Data

  1. We may store and process data which may be of a personal nature, such as:
    1. means of identification and IT security (IP address, geographical locations determined by IP address, your name, username and/or email address, a link to your company details)
    2. means of contacting you (email address, postal address, fax + telephone numbers and other social media contacts)
  2. We will avoid the storage and retention of sensitive data where it is not required by the Service, such as photos of people; health or medical information; religious, political or personal views; information regarding children.
  3. We will retain personal data as long as is required under our legal obligations. Data will then be deleted in accordance with our Data Retention Policy.
  4. Track Record Global Ltd is a registered company in the United Kingdom. The lead supervisory authority for the data processing is the UK Information Commissioner’s Office (ICO). You have a right to complain to the ICO if you think there is a problem with the way we are handling your data.

Cancellation and amendment

  1. If, due to circumstances beyond our control, including those set out in the clause below
    (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Sub-Contracting and assignment

  1. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under this agreement.
  2. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under this agreement.

Termination

  1. We can terminate the provision of the Services immediately if you commit a material breach of your obligations under this agreement.

Intellectual property

  1. We reserve all copyright and any other intellectual property rights which may subsist in any materials supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and indemnity

  1. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
  2. The total amount of our liability is limited to the total amount of any fees payable by you
    specified in the Service. This clause does not imply that you are liable to pay fees for the use of the services.
  3. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
    1. any indirect, special or consequential loss, damage, costs, or expenses or;
    2. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
    3. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
    4. any losses caused directly or indirectly by any failure or your breach in relation to your
      obligations; or
    5. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
  4. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Circumstances beyond a party’s control

  1. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

  1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
  2. Notices shall be deemed to have been duly given:
    1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
    2. when sent, if transmitted by email and a successful transmission report or return receipt is generated;
    3. on the fifth business day following mailing, if mailed by national ordinary mail; or
    4. on the tenth business day following mailing, if mailed by airmail.
  3. All notices under these Terms and Conditions must be addressed to the most recent address or email address notified to the other party.

No waiver

  1. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance

  1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

  1. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Date: 2021-06-14

Payment of Fees Agreement

Fees

  1. Where fees (Fees) are applicable for use of our services, this will be clearly set out by us in the service, agreed by you via orders or quotations. This agreement alone does not imply that you are liable to pay fees for the use of our services.
  2. Where you place an order, or agree to a quotation, and we commence provision of the service, you are liable for payment of the Fees.
  3. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation and amendment

  1. We can withdraw, cancel or amend an order or quotation if it has not been accepted by you, or if the Services have not started, within a period of 14 days from the date of the order or quotation.
  2. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the order or quotation.
  3. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

Payment

  1. We will invoice you for payment of the Fees either:
    1. when we have completed the Services; or
    2. on the invoice dates set out in the order or quotation.
  2. You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
  3. Time for payment shall be of the essence of the Contract.
  4. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
  5. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
  6. If you do not pay within the period set out above, we can suspend any further provision of the Services.
  7. Receipts for payment will be issued by us only at your request.
  8. All payments must be made in currency indicated in the invoice unless otherwise agreed in writing between us.

Date: 2021-06-14

Compliance Library Subscription Terms and Conditions

For subscribers to the Track Record Global Compliance Library (Compliance Services), further to the General Terms & Conditions:

Intellectual property – Compliance Library

  1. You acknowledge and agree we own all intellectual property rights in the Compliance Services in terms of how it functions and its contents.
  2. We grant you a non-exclusive, non-transferable permission to use these Compliance Services via a unique link or access (during the period that your subscription pays access for) for internal business operations.
  3. You undertake:
    i. that your users are all operating under one unique business entity,
    ii. that you will not share your unique link or access to the Compliance Services with other potential users at a separate business entity(ies).
  4. You will not attempt to modify, duplicate, create derivative works from, or distribute all or any portion of our Compliance Services.
  5. You will not attempt to reverse engineer all or any part of our Compliance Services.
  6. You will not access all or any part of our Compliance Services in order to build a product or service which competes with our Compliance Services.
  7. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Compliance Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Date: 2020-06-01