1. Introduction
Welcome to HSE e-Tracksys! These Terms and Conditions ("Terms", "Terms of Service") govern your use of our website and application (collectively referred to as "Platform") associated with the HSE e-Tracksys software product ("us", "we", "our", "HSE e-Tracksys") and our services.
By using our Platform and services, you confirm that you accept these Terms and agree to comply with them. Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties. If you do not agree with these Terms or cannot form a legally binding contract, you must not use our Platform or services.
2. Services
HSE e-Tracksys provides a health, safety, and environmental tracking software system. This system enables businesses and organizations to monitor and manage various aspects of health, safety, and environment (HSE) related operations. The specifics of the services are available on our Platform.
You agree that HSE e-Tracksys may, at its sole discretion and at any time, modify, suspend, or discontinue providing any part of the services without prior notice. We may also add or remove functionalities or features, or we may suspend or stop a service altogether.
3. Business Identification
e-Tracksys is a health, safety, and environmental tracking software system owned and operated by [DEAP VISION LTD], a company incorporated under the laws of [UAE]. Our registered office is at [Al Maqam Tower, PO Box 35665 Al Maryah Island, Abu Dhabi Global Market Square, United Arab Emirates].
4. Registration
To use certain features of our services, you may be required to sign up for an account, and select a password and user name. When you do, you must provide us with accurate and complete information. You are solely responsible for the activity that happens on or through your HSE e-Tracksys Account, and you must keep your account password secure. We encourage you to use "strong" passwords for your account.
5. License Terms
Subject to your compliance with these Terms, HSE e-Tracksys grants you a limited, nonexclusive, non-transferable, non-sublicensable license to access and use the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services provided by HSE e-Tracksys, in the manner permitted by these Terms.
By purchasing a license and using our Services, you are agreeing to these Payment Terms. If you do not agree with these Terms, you should not purchase or use our Services.
6. Fees and Payment
Our Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly or yearly basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or e-Tracksys cancels it. You may cancel your Subscription renewal through your online account management page.
7. Payment Methods
Payments are accepted via automatic banking transfer, credit card, debit card, and other accepted payment methods as indicated on our payment page. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular Subscription and utilized services.
8. Taxes
Unless otherwise stated, the fees do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). You are responsible for paying the Taxes that would be levied against you by government authorities. We will invoice you for such Taxes if we believe we have a legal obligation to do so and you agree to pay such Taxes if so invoiced.
9. Refunds
Except when required by law, paid Subscription fees are non-refundable.
10. Price Changes
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you do not agree to the changes, you must stop using the Services and cancel via email or through your account.
11. Late Payments
If a payment is not received or the payment method is declined, the Services will be terminated until full payment is received. Payments that are declined for any reason are subject to a declination fee.
12. Restrictions
You agree not to, and will not assist, encourage, or enable others to use the service to: a. Perform any activities that infringe upon the rights of others. b. Attempt to bypass or break any security mechanism of the services. c. Copy, distribute, or disclose any part of the services in any medium, including without limitation by any automated or non-automated "scraping."
13. Termination
We may suspend or terminate your access to all or any part of the services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Platform.
14. Intellectual Property
All intellectual property rights in the services and on the Platform, including without limitation, the text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, interactive features and the like, trademarks and service marks (collectively the "Content"), and the trademarks, service marks and logos contained therein are owned by us or our licensors, and may be protected by copyright and other intellectual property laws.
15. Right and Condition of Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, nontransferable, non-sublicensable license to use our services and access our Platform. You may not use our services for any illegal or unauthorized purpose nor violate any laws in your jurisdiction (including but not limited to copyright laws). You will not use the services in any way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the services or any features on the services.
16. Safety Information and Disclaimer
Our software, e-Tracksys, is not a medical device and should not be used as a substitute for professional medical advice, diagnosis, or treatment. The software is a management and tracking tool intended to aid in monitoring and managing incidents and hazards events related to health, safety, and environmental conditions. It is your responsibility to use the software appropriately and within the bounds of the law and regulations applicable in your jurisdiction.
17. Risk and Liability
We provide the services on an 'as is' and 'as available' basis without any representation or endorsement made and without any guarantee or warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising out of, or in connection with, the use of our services.
18. Security
We value your trust in providing us your personal information, thus we strive to use commercially acceptable means of protecting it. However, no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
19. Disclaimers
The use of the services is at your own risk. To the maximum extent permitted by applicable law, the services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
These Terms and Conditions constitute the entire agreement between you and us with respect to the services and supersede all prior agreements or understandings. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
If you have any queries regarding these Terms, you may contact us at [support email address info@etracksys.com ].