Brand Terms
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE TRACR BRAND HUB OR ANY OF THE ASSETS, MATERIALS AND CONTENT CONTAINED THERE ON. BY REGISTERING FOR OR OTHERWISE USING THIS BRAND HUB (INCLUDING DOWNLOADING AND/USE OF THE ASSETS, MATERIALS AND CONTENT CONTAINED THEREON), YOU CONFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER, ACCEPT THESE TERMS OF USEAND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR BRAND HUB.
1. What's in these terms?
These terms tell you the rules for using the Tracr Brand Hub: brand.tracr.com (Brand Hub), including use of the Tracr Content and Tracr Trade Marks (as each defined at Section 7 below).
2. Who we are and how to contact us?
The Brand Hub is operated by TRACR LIMITED, a company incorporated under the laws of England and Wales under company number 07816513 with principal place of business at 1 Giltspur Street London EC1A 9DD (Tracr, we, us, our). Our VAT number is GB243565264. To contact us, please email contact@tracr.com.
3. There are other terms that may apply to you.
These terms of use refer to thePrivacy Policy (tracr.com).See further under “How we may use your personal information”. For information on how the Brand Hub uses cookies, please read the ‘Cookies’ paragraph below.
4. Changes to these terms and the Brand Hub.
We may amend these terms from time to time. We may also update and change our Brand Hub from time to time to reflect changes to our products, our assets (including the Tracr Content and Tracr Trade Marks (each defined at Section 7 below)), our users' needs and our business priorities. Every time you wish to use our Brand Hub, please check these terms to ensure you understand the terms that apply at that time.
5. We may suspend or withdraw our Brand Hub.
Our Brand Hub, assets and content (including the Tracr Content and the Tracr Trade Marks (each as definedat Section 7 below)) are made available to you free of charge, but subject always to these terms. We do not guarantee that our Brand Hub, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Brand Hub for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access the Brand Hub through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6. Accounts and Registration
In order to register your account for the Brand Hub, you must submit a request for access via the login page at brand.tracr.com. Tracr will then review your request, and may approve or deny any request on a case by case basis. Once Tracr has approved your access request and you have login details, you may access and use the Brand Hub in line with your designated permissions and access levels, which will be determined in Tracr’s sole discretion. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. You are responsible for keeping your login details safe and confidential. Any activity that happens under your account will be your responsibility.
7. Licence
Subject to these terms, Tracr grants you a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable licence to download and use the content (including images and photographs), materials, data and information (Tracr Content) and the Tracr logos, brand name and trade marks (Tracr Trade Marks) made available to you via the Tracr Hub solely for the purpose of promoting, marketing and selling natural diamonds registered on Tracr (Tracr Diamonds), whether online or offline, or as otherwise agreed in writing by Tracr (Licence).
8. Your Obligations
You agree that you shall:
• comply with Tracr’s brand guidelines, available at brand.tracr.com (Brand Guidelines), as may be updated by Tracr from time to time;
• use the Tracr Trade Marks and/or Tracr Content as provided on the Brand Hub;
• only use the Tracr Trade Marks and/or Tracr Content in connection with a Tracr Diamond, and not any other diamonds;
• identify and reference Tracr as author of any Tracr Content in any public facing reference;
• update and/or remove the Tracr Trade Marks and/ or any Tracr Content immediately on instruction by Tracr, for example where Tracr Diamonds have been sold or you no longer have any Tracr Diamonds in stock;
• only reference Tracr in regard to data actually obtained from Tracr or the Brand Hub; and
• comply with all applicable laws and regulations.
You agree that you shall not:
• copy, display, modify, edit or otherwise use the Tracr Trade Marks and/or Tracr Content, other than in accordance with these terms;
• use any other trade mark or logo affixed to or accompanying the Tracr Trade Marks and/or Tracr Content, other than your own logo, unless agreed in writing by Tracr;
• make false or misleading claims when using Tracr Content and/ or Tracr Trade Marks and ensure any accompanying information is: (i) attributed to the correct Tracr Diamond (where appropriate); and (ii) is accurate, complete and up to date;
• sell, sublicence, transfer or assign the Tracr Trade Marks and/or Tracr Content to any other third party;
• use the Tracr Trade Marks and/ or any Tracr Content for any illegal purpose or in violation of any laws or regulations; and
• violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights.
9. Marketing
You agree that all marketing materials relating to Tracr, Tracr Content, Tracr Trade Marks and/ or a Tracr Diamond shall be in line with the Brand Guidelines, or otherwise approved by Tracr in writing before being published. You agree that you will not edit or modify any Tracr Content for your own marketing material in any way, other than as agreed by Tracr.
10. Intellectual Property
The Tracr Trade Marks are trade marks of the De Beers Group. The Tracr Content belongs to Tracr and/or its licensors and are protected by intellectual property laws (including copyright and trade mark rights) around the world. You are only permitted to use the Tracr Trade Marks and any and all Tracr Content in accordance with these terms.
You shall comply strictly with Tracr’s directions regarding any permitted use of the Tracr Trade Marks and Tracr Content, including as may be specified in the Brand Guidelines. Any use of the Tracr Trade Marks and Tracr Content not permitted by these terms or the Brand Guidelines is prohibited, except where agreed by Tracr in writing. You shall ensure that any/all materials which incorporate the Tracr Trade Marks or Tracr Content will include any notices and/or statements as notified by Tracr from time to time. Tracr reserves the right to approve, edit, modify and/or remove any use of the Tracr Trade Marks and/or Tracr Content.
Any goodwill derived from the use of any Tracr Trade Marks or Tracr Content shall accrue to Tracr. You acknowledge and agrees that you shall not do, or omit to do, or permit to be done, any act that will or may weaken, damage or be detrimental to the Tracr Trade Marks or the reputation or goodwill associated with such or that may invalidate or jeopardise any registration of the Tracr Trade Marks.
Tracr makes no guarantee, representation or warranty as to the validity or enforceability of the Tracr Trade Marks, nor as to whether they infringe any intellectual property rights of any third party in any territory.
You agree that you shall not:
• use the Tracr Trade Marks as part of the name under which you conduct business (including your corporate name), or any connected business, or under which you sell or service any products, or in any other way; or
• obtain, try to obtain or register for yourself anywhere in the world any trade marks or trade names the same as or similar to the Tracr Trade Marks.
11. Changes, Suspension and Termination
We reserve the right to change, edit, suspend and/or cancel the Licence at any time with or without notice to you. We may restrict, suspend or terminate your access to the Brand Hub, in whole or in part (including the right to disable your username or password), and/or your ability to avail of any of the services on the Brand Hub, with or without notice, for any reason or no reason at all, including but not limited to if we believe that you have breached these terms.
On cancellation of the Licence and/ or termination of your access to the Brand Hub for any reason:
• all rights granted to you under these terms will immediately cease;
• you must immediately cease all activities authorised by these terms, including use of the Tracr Content and/or Tracr Trade Marks; and
• you must return or destroy all copies of the Tracr Content and/or Tracr Trade Marks in your possession.
When these terms are terminated, any provision of these terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
12. Liability
The Tracr Content and/or Tracr Trade Marks and any other content on the Brand Hub are provided on an “as is” basis and we do not make, and expressly exclude, any representation or warranty of any kind, either express or implied in relation to the Tracr Content, Tracr Trade Marks and/ or Brand Hub, including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy or reliability.
Tracr will not be liable to you 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: (i) use of, or inability to use, the Tracr Trade Marks or any Tracr Content; or (ii) use of or reliance on any Tracr Content or other content on the Brand Hub that is not owned or controlled by Tracr. In particular, Tracr will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, good will or reputation (v) loss of data; or (vi) any indirect or consequential loss or damage.
Nothing in these terms excludes or limits Tracr’s liability for death or personal injury arising from Tracr’s negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.
Subject to the above, Tracr’s total aggregate liability whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with these terms shall be limited to £100.
13. Indemnity
You are responsible for your use of the Tracr Trade Marks and Tracr Content. You agree to indemnify and hold Tracr harmless, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with your unauthorised use of the Tracr Trade Marks and/ or Tracr Content or for your breach of any of the terms under these terms.
14. We are not responsible for websites we link to.
Where the Brand Hub contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
15. How we may use your personal information.
We will only use your personal information as set out at PrivacyPolicy (tracr.com).
16. Cookies
The Brand Hub uses cookies. Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners for a variety of reasons, from essential cookies that are required to make a website work, to performance and analytical cookies which allows website owners to recognise previous users and see how they use the website, as well functional and targeting cookies which can help personalise the user experience.
The cookies we use on the Brand Hub fall into the following category:
• Strictly necessary cookies: These cookies are essential for the operation of the Brand Hub and its features. Without these cookies, the services on the Brand Hub will not work properly. As such, these essential cookies are always enabled.
If you do not wish for cookies to be installed on your device, you can change the settings on your browser or device to reject cookies. For more information about how to reject cookies using your internet browser settings please consult the “Help” section of your internet browser (or alternatively visit http://www.aboutcookies.org). Please note that, if you do set your Internet browser to reject cookies, you may not be able to access all of the functions of the Brand Hub.
17. We are not responsible for viruses and you must not introduce them.
We do not guarantee that the Brand Hub will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Brand Hub. You should use your own virus protection software. You must not misuse the Brand Hub by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Brand Hub, the server on which Brand Hub is stored or any server, computer or database connected to the Brand Hub. You must not attack the Brand Hub via a denial-of-service attack or a distributed denial-of service attack.
18. We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
19. Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20. If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21. Which country's laws apply to any disputes?
These terms of use, their subject matter and their formation are governed by and construed in accordance with English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in respect of disputes arising out of or in connection with these terms of use, their subject matter and their formation (including non-contractual disputes or claims) but if you live in another country, you can bring a claim in the courts which are local to you.
Terms last updated on 17 May 2024