Terms of service
This website is operated by biotraka. Throughout the site, the terms “we”, “us” and “our” refer to biotraka. biotraka offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on CommerceHQ. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, 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 that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or 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. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. 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 site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the 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 that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall biotraka, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless biotraka and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 are 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 site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of 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 site or in respect to The Service constitutes 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, but not limited to, any prior versions of the Terms of Service).
Any ambiguities 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 Services shall be governed by and construed in accordance with the laws of 25 Implexa Court, Wattle Grove, New South Wales, 2173, Australia
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically 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 about the Terms of Service should be sent to us at email@example.com
BIOTRAKA TERMS OF SERVICE
Updated as of October 1, 2019
Biotraka Pty Ltd and its subsidiaries and affiliates (collectively, “Biotraka”) provides, or may provide: (1) a Biotraka user account website that may be accessed at www.Biotraka.com and its sub-domains (each, a “Site”), (2) services accessible through the Sites (“Web Apps”) , (3) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), (4) subscription services, including services that can be accessed using the Web Apps and Mobile Apps (“Subscription Services”), and/or (5) software embedded in the Devices (and any updates thereto) (“Embedded Software”), all for use in conjunction with Biotraka’s pet tracking and monitoring devices (“Devices”) and in other ways that Biotraka provides or may provide. The Devices and Services may be used together or in ways that may integrate with products and services from third parties. The term “Services” means the Sites, Web Apps, Mobile Apps, Subscription Services, and Embedded Software. The term “Products” means the Services and the Devices.
These Terms of Service (“Terms”) govern your access to and use of the Services and Devices. Please read these Terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. The term “you,” as used in these Terms, means any person or entity who accesses or uses the Products and any person or entity who creates an Account (as defined below) and accepts these Terms. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACKNOWLEDGING THESE TERMS, BY PURSHASING A PRODUCT FROM BIOTRAKA, AND/OR BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU EITHER HAVE EXCLUSIVE CONTROL OR EXCLUSIVE POSSESSION OVER THE PROPERTY ON WHICH THE WEB APPS OR MOBILE APPS ARE BEING INSTALLED. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THESE TERMS. BIOTRAKA IS WILLING TO PROVIDE SERVICES TO YOU ONLY UPON CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCTS AND SERVICES.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATES OF THE SERVICES AND OF THE DEVICES CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE DEVICES OR THE SERVICES.
AS DESCRIBED BELOW, SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF THE PRODUCTS. PLEASE READ THESE LIMITATIONS CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
Biotraka reserves the right to make changes to these Terms. We’ll post notice of modifications to these Terms on this page. You should ensure that you have read and agree with our most recent Terms when you use the Products. Continued use of the Products following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. If you have any questions regarding these Terms, you can contact Biotraka by email at admin@Biotraka.com
- Overview, Eligibility, Customer Service, Term and Termination
(b) Eligibility. You may use the Services only if you can form a binding contract with Biotraka, and only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Only individuals age 18 and older are permitted to use the Products and register for Accounts. Any use or access to the Products by individuals under the age of 18 is strictly prohibited and is a violation of these Terms. The Services are not available to any users previously prohibited from using the Services by Biotraka.
(c) Customer Service. If you have any questions or concerns regarding the Products or these Terms, please contact Biotraka by email at admin@Biotraka.com.
(d) Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Products, or until terminated in accordance with the provisions of these Terms. At any time, Biotraka may (i) suspend or terminate your rights to access or use the Products, or (ii) terminate these Terms with respect to you if Biotraka in good faith believes that you have used the Products in violation of these Terms, including any incorporated guidelines, and terms or rules.
(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Products will automatically terminate.
(a) Your Account. To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Products will not violate any U.S. or other applicable law or regulation. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Biotraka of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Biotraka is not liable for any loss or damage arising from your failure to comply with the above requirements.
- Access to Services
(a) Access and Use. Subject to these Terms, Biotraka grants you a non-transferable, non-exclusive, right and license (without the right to sublicense) to access and use the Services by, if available (i) using the Web Apps in connection with, and solely for the purpose of, using the Devices or otherwise accessing a service explicitly provided by Biotraka for your use (the “Permitted Purpose”), and/or (ii) installing and using the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose.
(b) Automatic Software Updates. Biotraka may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Products, including the Embedded Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Products. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Products and you agree to promptly install any Updates that Biotraka provides. Your continued use of the Products is your agreement to these Terms with respect to the Products.
(c) Content. Certain materials may be displayed or performed on or with the Products (including, but not limited to, text, graphics, articles, photographs, video, images, and illustrations (collectively, “Content”)). The Content also includes information that you and other users provide us in the course of using the Products (collectively, “User Submissions”), which we may use to provide, maintain and improve the Products. Some Content may be visible to others (for example, the Services may allow you to upload, post, or otherwise share photographic content). You may also be able to post feedback, comments, questions, or other information on the Sites. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Products, or that you contribute in any manner to the Products; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to Biotraka all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Biotraka reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.
(d) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Products; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Products; (iii) you agree not to access the Products in order to build a similar or competitive product or service; (iv) except as expressly stated herein, no part of the Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Devices, the Embedded Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Devices or the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Biotraka; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including patent, copyright and trademark notices) which may be contained in or displayed in connection with the Products. Any future release, update, or other addition to the functionality of the Products shall be subject to these Terms.
(e) Open Source. Certain items of independent, third party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
(f) Modification. Biotraka reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Biotraka will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
(g) Access Outside Certain Countries. Although the Sites are accessible worldwide, the Products provided or accessed through or on the Sites are not available to all persons or in all countries. If you choose to access the Sites, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Sites are not designed for use in every country and some or all of the features of the Sites may not work or be appropriate for use in every country. To the extent permissible by law, Biotraka accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Sites, Devices or Services outside of Australia or the United States. You will be bound by these Terms wherever you access or use the Sites or use the Devices or Services.
- Agreed Usage and Limitations of Biotraka Services
(a) Intended Use of Products. You agree to test the Devices at the time they are delivered to you to ensure that they are in good working order. Thereafter, it is solely your responsibility to maintain the Devices and keep them in good working order. Biotraka is not responsible or liable for any misuse or improper use or storage of the Devices. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Biotraka’s control, including GPS and/or Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. In particular, GPS technologies, although accurate enough for typical tracking purposes, can be affected by environmental factors such as signal strength and battery condition. Although we aim to make the GPS locator as accurate as possible, you should not rely on this information for critical uses, such as pin point locations for legal or life saving purposes. You acknowledge the foregoing limitations and agree that Biotraka is not responsible for any damages allegedly caused by the failure or delay of the Services.
(b) Use the Services At Your Own Risk. Our goal is to provide helpful and accurate information in connection with the Products, but we make no endorsement, representation, warranty, or covenant of any kind about any information, services, or recommendations made in connection with the Products (“Product Information”), or that your use of the Products will result in an increased level of fitness or better health for your pet. The Product Information is provided “as-is” and “as available.” You agree that it is your responsibility to educate yourself about how to interpret and respond to the Product Information. The accuracy of the data collected and presented through the Devices and Services is not intended to match that of medical devices or scientific measurement devices. You expressly acknowledge and agree that Biotraka is not responsible or liable for the accuracy, reliability, effectiveness, or correct use of Product Information. If you rely on any Product Information, you do so solely at your own risk.
(c) Consult Your Veterinarian. The Products are not intended to diagnose, treat, cure, or prevent any disease. If your pet has a medical condition, you should consult your veterinarian before using the Products, engaging your pet in an exercise program, or changing their diet. If your pet experiences a medical emergency, stop using the Products and Product Information, and consult with a veterinarian. You expressly acknowledge and agree that Biotraka is not responsible for any health problems that may result from training programs, consultations, products, or events you learn about as a result of your use of the Products. Any exercise programs or changes to your pet’s diet that you engage in as a result of your use of the Products is solely at your own risk.
(d) Responsibility for Content. All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which (or from whose account) such Content originated and Biotraka will not be liable for any errors or omissions in any Content. Biotraka cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
(e) Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Biotraka does not offer any specific uptime guarantee for the Services.
(f) System Requirements. The Services will not be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with the Devices; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required for some functionality); and (iv) other system elements that may be specified by Biotraka. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. In addition, you acknowledge that Biotraka may activate communication protocols on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Services and Devices, enable communication with Services and Devices connected to the Biotraka Account, and enable certain features.
(g) Your Warranty Regarding Your Content and Use of Services. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Biotraka; (v) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Biotraka Account or anyone else’s Account (such as allowing someone else to log in to the Services as you); (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Maillist, Listserv, or any form of auto-responder or “spam” on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (x) copies or stores any significant portion of the Content; or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
(h) Data Protection and Privacy Laws. Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Products, including laws relating to the use of location tracking devices. You agree that you (and not Biotraka) are responsible for ensuring that you comply with any applicable laws when you use the Products.
- Limitations of Products Due to Third Parties.
(a) General. The Products may rely on or interoperate with third party products and services. These third party products and services are beyond Biotraka’s control, but their operation may impact or be impacted by the use and reliability of the Products. You acknowledge and agree that: (i) the use and availability of the Products may be dependent on third party product vendors and service providers, (ii) these third party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Products operate, and (iii) Biotraka is not responsible for damages and losses due to the operation of these third party products and services.
(b) Third Party Service Providers Used By Biotraka. You acknowledge that Biotraka uses third party service providers to enable some aspects of the Products – such as, for example, data storage, synchronization, and communication through Amazon Web Services and mobile device notifications through mobile operating system vendors and mobile carriers.
(e) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Biotraka and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
(f) Third Party Website Links and Referrals. The Sites may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. Biotraka provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites and Referred Vendors is at your own risk.
- Ownership and Intellectual Property
(a) Biotraka Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Products are owned by Biotraka or its affiliates or our licensors. Your possession, access, and use of the Products do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Biotraka and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may only copy parts of the Services (including the Sites) on to your own computer for your own personal use. You may not use the Content of the Services in any other public or commercial way nor may you copy or incorporate any of the Content of the Services into any other work, including your own web site without the written consent of Biotraka. Other than with respect to User Submissions, Biotraka retains full and complete title to all Content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.
(b) Feedback. You may choose, or Biotraka may invite you, to submit comments, suggestions, or ideas about the Products, including how to improve them (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Biotraka under any fiduciary or other obligation. Biotraka may use, copy, modify, publish, or redistribute the Ideas for any purpose and in any way without any compensation to you. You also agree that Biotraka does not waive any rights to use similar or related ideas previously known to Biotraka, developed by its employees, or obtained from other sources.
(c) User Submissions. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you the Services. You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Biotraka does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
(d) Product Data. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licenseable and transferable right to access, display, or otherwise use any and all data (including all related intellectual property rights) collected by the Products (including the Embedded Software) for any and all purposes. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any such data. For clarity, the foregoing license grant to Biotraka does not affect your ownership of, or right to grant additional licenses to, such data, unless otherwise agreed in writing.
You agree to defend, indemnify and hold Biotraka and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of: (i) your use of the Products, (ii) your violation of these Terms, (iii) any User Submissions or Feedback you provide; or (iv) your violation of any law or the rights of any third party. Biotraka reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Biotraka and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Biotraka’s prior written consent. Biotraka will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Warranty and Warranty Disclaimers
(a) BIOTRAKA WARRANTS THAT FOR NINETY (90) DAYS FROM THE DATE THE PRODUCT IS DELIVERED TO YOU, SUCH PRODUCT WILL BE FREE FROM MATERIAL DEFECTS WHEN USED ACCORDING TO BIOTRAKA’S SPECIFICATIONS AND INSTRUCTIONS. FOR BREACH OF THE FOREGOING WARRANTY, YOUR EXCLUSIVE REMEDY AND BIOTRAKA’S ENTIRE LIABILITY WILL BE, AT OUR EXPENSE, THE REPAIR, OR AT OUR OPTION, REPLACEMENT OF THE DEFECTIVE PRODUCT, OR IF SUCH REPAIR OR REPLACEMENT IS NOT REASONABLY ACHIEVABLE, A CREDIT WILL BE GIVEN THAT CAN BE USED ON THE BIOTRKA SITE TO THE VALUE OF YOUR PRODUCT PURCHASE THERE IS NO REFUND OF FEES FOR CONNECTION SERVICES. IF YOU PAID TO BIOTRAKA FOR A DEFECTIVE PRODUCT THAT HAS BEEN USED FOR A PERIOD THIS MAY BE REFUNDABLE PRORATA UNDER CERTAIN CERCUMSTANCES.
(b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8(a) ABOVE, THE PRODUCTS ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND BIOTRAKA AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(b) BIOTRAKA AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE PRODUCTS: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIOTRAKA OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
(c) BIOTRAKA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY PRODUCTS AND SERVICES CONNECTED THROUGH THE BIOTRAKA PRODUCTS) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BIOTRAKA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
(d) BIOTRAKA MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND BIOTRAKA WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. BIOTRAKA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
- Limitation of Liability
Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) BIOTRAKA BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF BIOTRAKA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) BIOTRAKA’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED ONE-HUNDRED DOLLARS ($100.00). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. BIOTRAKA DISCLAIMS ALL LIABILITY OF ANY KIND OF BIOTRAKA’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL BIOTRAKA BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
- Digital Millennium Copyright Act
(a) Notice of Infringement. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Copyright Agent. Biotraka’s designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent – Attention Biotraka Legal, Admin@biotraka.com You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.
(c) Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the court in Australia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
(d) Restore Content. If a counter-notice is received by the Copyright Agent, Biotraka may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Biotraka’s sole discretion.
“Confidential Information” shall mean the Products, and all other information disclosed to you that Biotraka characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least three (3) years after termination of these Terms. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Biotraka. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Biotraka in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of these Terms, and will cooperate with Biotraka in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you shall (i) immediately notify Biotraka prior to such disclosure to allow Biotraka an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Biotraka in protecting against any such disclosure and obtaining a protective order narrowing the scope of such disclosure and use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
(a) Governing Law and Jurisdiction. These Terms are governed by the laws of Australia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in New South Wales, Australia for the purpose of litigating all such claims or disputes.
(b) Protection of Confidentiality and Intellectual Property Rights. Biotraka may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(c) Severability. If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.
(d) Survivability. The provisions of these Terms which by their nature are intended to survive termination or expiration of these Terms shall survive the termination or expiration of these Terms.
(e) Waiver. Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
(f) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Biotraka’s prior written consent. These Terms may be assigned by Biotraka without restriction. These Terms are binding upon any permitted assignee.
(g) Electronic Communications. You are communicating with Biotraka electronically when you create your Biotraka Account, use the Services or send email to Biotraka. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you register for an Account, we collect and store your email address. From that point forward, your email address is used to send you information about Biotraka’s products and services unless you opt-out of such emails using the opt-out link in the emails.
(h) Notifications. Biotraka may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mobile notifications, hard copy, or posting of such notice on Biotraka.com Biotraka is not responsible for any automatic filtering you or your network provider may apply to email notifications. Biotraka recommends that you add firstname.lastname@example.org email addresses to your email address book to help ensure you receive email notifications from Biotraka.
(i) Force Majeure. Biotraka will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(k) Trademarks. All trademarks, logos, and service marks (“Marks”) displayed on the Products are the property of Biotraka or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Biotraka or such respective holders. Biotraka reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
Biotraka is dedicated to delivering the best customer service possible. If you have any questions about your Biotraka, our App or any of our services please view our FAQ page. If you cannot find the answer there, please fill in the form and we will respond to you within 24 hours.
The Biotraka Team