Terms of service

TERMS OF SERVICE

INTRODUCTION

This website is operated by Trackerbs Store. Throughout the site, the terms "we," "us," and "our" refer to Trackerbs Store. Trackerbs Store offers this website, including all information, tools, and services available through this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated herein.

By visiting our website and/or purchasing products from us, you engage in our Service and agree to be bound by the following Terms of Service ("Terms of Service", "Terms"), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the website, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be legally bound by these Terms of Service. If you do not agree to all the terms and conditions contained in this agreement, you may not access the website or use any of our Services. Where these Terms of Service are deemed to constitute an offer, acceptance is expressly limited to these Terms.

Any new features, tools, or functionalities added to the current online store shall also be subject to these Terms of Service. The most current version of the Terms of Service may be reviewed at any time on this page. We reserve the right to update, amend, or replace any part of these Terms of Service by posting revisions on our website. It is your responsibility to review this page periodically for changes. Your continued use of or access to the website following the publication of any modifications constitutes acceptance of those changes.

Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform enabling us to sell our products and services to you.


SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent and warrant that you have reached the age of majority in your country, state, or province of residence, or that you have reached the age of majority and have given your consent to permit any minor dependents under your care to use this website.

You may not use our products for any unlawful or unauthorized purpose, nor may you, in the use of the Service, violate any applicable laws or regulations in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms, viruses, malware, or any code of a destructive nature.

Any breach or violation of these Terms will result in the immediate termination of your access to the Services.


SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve:

  • transmissions over various networks; and
  • modifications required to conform and adapt to the technical requirements of connecting networks or devices.

Credit card information is always encrypted during transmission across networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our prior written authorization.

The headings used in these Terms are included for convenience only and shall not affect the interpretation of these Terms.


SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is inaccurate, incomplete, or outdated. The material provided on this website is intended for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of information.

Any reliance on the material provided on this website is at your own risk.

This website may contain historical information. Historical information is provided solely for reference purposes and may not be current.

We reserve the right to modify the contents of this website at any time without obligation to update any information contained herein.

You acknowledge that it is your responsibility to monitor changes to our website.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without prior notice.

We reserve the right at any time to modify, suspend, or discontinue the Service, or any part or content thereof, without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.


SECTION 5 — PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website. Such products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Refund Policy.

We have made every reasonable effort to display as accurately as possible the colours and images of our products appearing in our online store. However, we cannot guarantee that your device's display of any colour will be accurate.

We reserve the right, but are under no obligation, to limit the sale of our products or Services to any individual, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or Services we offer.

All product descriptions, specifications, and pricing are subject to change at any time without notice and at our sole discretion.

We reserve the right to discontinue any product at any time.

Any offer made for any product or Service on this website is void where prohibited by law.

We do not warrant that the quality of any products, Services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.

Should we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, or telephone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to have been placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, payment details, and expiration dates, so that we can complete your transactions and contact you when necessary.

For additional information, please review our Refund Policy.


SECTION 7 — OPTIONAL THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that such tools are provided on an "as is" and "as available" basis without any warranties, representations, conditions, or endorsements of any kind.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider.

We may also, in the future, introduce new services, features, products, or resources through the website. Such new features and services shall likewise be subject to these Terms of Service.


SECTION 8 — THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials provided by third parties.

Third-party links on this website may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, or legality of such websites, and we disclaim any liability or responsibility for any third-party materials, websites, products, or services.

We shall not be liable for any damages or losses arising from the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third-party websites.

Please carefully review the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.


SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific materials (for example, contest entries), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments you submit to us.

We are under no obligation to:

  • maintain any Comments in confidence;
  • pay compensation for any Comments; or
  • respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, obscene, pornographic, or otherwise objectionable, or that violates any intellectual property rights or these Terms of Service.

You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Comments will not contain unlawful, abusive, defamatory, obscene, or otherwise objectionable material, nor contain any computer virus or malicious software that could affect the operation of the Service or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Comments.

You are solely responsible for any Comments you submit and their accuracy. We assume no responsibility or liability for any Comments posted by you or any third party.


SECTION 10 — PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy, which is available here:

[LINK TO PRIVACY POLICY]

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or product availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information contained within the Service or on any related website is inaccurate, at any time and without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend, or clarify information within the Service or on any related website, including pricing information, except where required by applicable law.

No specified update or refresh date should be interpreted as indicating that all information within the Service or any related website has been modified or updated.


SECTION 12 — PROHIBITED USES

In addition to the other prohibitions set out in these Terms of Service, you are prohibited from using the website or its content:

  • for any unlawful purpose;
  • to solicit others to perform or participate in unlawful acts;
  • to violate any international, federal, national, provincial, state, or local laws or regulations;
  • to infringe upon or violate our intellectual property rights or those of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any individual based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any malicious code that could affect the functionality or operation of the Service, related websites, other websites, or the Internet;
  • to collect or track the personal information of others;
  • for spam, phishing, pharming, pretexting, spidering, crawling, scraping, or similar activities;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your access to the Service or any related website for violating any of these prohibited uses.


SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You acknowledge and agree that we may suspend or discontinue the Service at any time, for an indefinite period or permanently, without prior notice.

Your use of, or inability to use, the Service is entirely at your own risk.

The Service and all products and services delivered to you through the Service are provided on an "as is" and "as available" basis, unless expressly stated otherwise by us, without any representation, warranty, or condition of any kind, whether express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by applicable law, Trackerbs Store, together with its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, licensors, and partners, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from:

  • your use of the Service;
  • your purchase or use of any products obtained through the Service; or
  • any other claim relating in any way to your use of the Service or any product,

including, without limitation, any errors or omissions in any content or any loss or damage incurred as a result of the use of any content or product made available through the Service, even if advised of the possibility of such damages.

Where certain jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by applicable law.


SECTION 14 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Trackerbs Store, its parent company, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim or demand, including reasonable legal fees and attorneys' fees, made by any third party due to or arising out of:

  • your breach of these Terms of Service;
  • your breach of any document incorporated by reference into these Terms;
  • your violation of any applicable law; or
  • your infringement of the rights of any third party.

SECTION 15 — SEVERABILITY

If any provision of these Terms of Service is determined by a court or other competent authority to be unlawful, void, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service shall remain effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If we determine that you have failed to comply with, or we suspect that you have failed to comply with, any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice, and you shall remain liable for all amounts due up to and including the date of termination; and/or we may consequently deny you access to our Services (or any part thereof).


SECTION 17 - ENTIRE AGREEMENT

The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of Switzerland.


SECTION 19 - CHANGES TO TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to us at: contact@trackerbs.com.

Our contact information is provided below:

BOSSY MEDIA
Email: contact@trackerbs.com
Address: Rue de Lausanne 42, 1201 Geneva, Switzerland
Phone: +41 76 671 29 74
Company Registration Number: CHE-406.785.399