CHRONOTRACKER TERMS OF SERVICE
Effective Date: February 5, 2023
These Terms of Service ("Terms") are an agreement between you and Tok Tech Electronics Trading LLC ("CHRONOTRACKER", "us", our," or we") and set forth the legally binding terms for your use of our websites and applications that include a link to these Terms (or any subdomains thereof) (the "Sites"), as well as in connection with any of our sales, consultancy, or marketing activities or other services available on our Sites or offline that are owned by CHRONOTRACKER ("Services").
These Terms apply to your use of the sites and services (however accessed and/or used, whether via personal computers, mobile devices, or otherwise) or any other means or applications through which you connect with us and your use of our sites and services.
Our privacy policy, found here, is incorporated into and subject to these Terms by reference. Please review that privacy policy for information about how we collect, use, and share information, including the data rights available to you.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 13 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING,INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASSACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We recommend that you read these terms in full to ensure you are fully informed. However, to make it easier for you to review those parts of these terms that apply to you, we have divided up the document into the following sections:
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About CHRONOTRACKER
- Acceptance of Terms
- Account and Contact Information
- Orders, Payment and Cancelation Rights
- Your Use of the Sites and Services
- Proprietary Rights
- Disclaimer of Warranties
- Limitation of Liability
- Your Legal Liability
- Geographic Restrictions
- Changes to Terms of Service
- Third Party Links
- Governing Law / Arbitration / Dispute Resolution
- No Rights of Third Parties
- Miscellaneous
- Contact Us
- About CHRONOTRACKER
Tok Tech Electronics Trading LLC is a U.A.E.-based company engaging in the trading of goods, including watches, and, as an ancillary activity, publishing content related to luxury watches such as, without limitation, product information, trading news, etc.
- Acceptance Of Terms
Agreement to the terms Each time that
you access or use our sites or services, you signify
that you have read, understood, and agree to be bound by
these terms. If you do not agree to any of these terms,
you must discontinue using the sites and services.
Eligibility
You must be at least 18 years old or have reached the
age of majority in the jurisdiction in which you reside
to use the sites and services, and you attest that you
have reached the age of majority and have the legal
capacity to be legally bound by these terms.
Electronic Form/Communications
By accessing or using the sites or services, you consent
to having this agreement provided to you in electronic
form and receiving communications from us
electronically. We may communicate with you by mail,
e-mail, or by posting notices on the Sites. You agree
that all agreements, notices, disclosures, and other
communications we provide to you electronically satisfy
any legal requirements that such communications be in
writing, including renewal notices and notices about
your subscription or account.
- Account and contact information
Access to the sites and services. You
do not need to subscribe in order to access and browse
some sections of the sites or services, but you will not
be able to access all of the features of the sites or
services (such as notifications of auctions) unless you
subscribe and create an account. Even if you are just
browsing the sites or services and have not yet created
an account or subscribed, your use of the site or
services will still be subject to these terms.
Account.
You can purchase a subscription and create an account by
submitting the information You can purchase a
subscription and create an account by submitting the
information required (under "Account"). You
must provide accurate, current, and complete information
during the registration process and keep your account
up-to-date at all times. Any falsification of any
information whatsoever may, at ChronoTracker's
option, result in the immediate suspension or
termination of your right to use the services.
Security.
If you use our services, you are responsible for
restricting access to your account and ensuring that
your computer and mobile device are free from all types
of malicious content, including content that may track
any data you enter via the services. Your login ID email
address (or other unique identifier needed to create an
account) and password, together with any mobile number
or other contact information you provide, form your
"Account Information." You understand and
agree that you are responsible for maintaining the
confidentiality and security of your password and other
account information and that you are solely responsible
for all activities that occur on or through your
account. You further agree to notify ChronoTracker
immediately of any unauthorized access to your account,
unauthorized use of your account information, or any
other security breach by emailing us at
support@chronotracker.com.
Contacting You. When you provide us with contact information in
connection with a particular activity or when using our
services, such as an email address or telephone number,
you agree that this action constitutes a purchase or
inquiry establishing a business relationship with us.
You expressly consent to our communicating with you
using contact information obtained directly from you or
that is provided to us with your consent. You attest
that you have the legal authority over any contact
information provided to us and can provide us and/or
third parties with the authorization to contact you.
This means you may be contacted in person or by recorded
message, by e-mail, telephone, and/or mobile telephone
number (including use of automated dialing equipment),
text (SMS) message, IM messaging, or any other means of
communication that your wireless or other
telecommunications device may be capable of receiving,
in accordance with applicable laws or regulations
("Applicable Laws").
- Orders, Payment, and Cancellation Rights
Purchasing our products or services Please refer to the applicable offer for a description
of our products and services, such as our current
subscription plans and pricing. Any terms and conditions
of any offer disclosed to you when ordering are deemed
to be part of these terms. ChronoTracker reserves the
right to change the fees for its products and services
and will provide notice of any increase prior to your
being charged.
Electronic receipts and notices By using our sites or services or making a purchase,
you consent to receive notices, disclosures, agreements,
policies, receipts, confirmations, transaction
information, account information, other communications,
and changes or updates to any such documents
electronically ("electronic mailings"). We
will provide these electronic mailings by posting them
on your account page and/or emailing them to the email
address associated with your account. You agree that the
electronic mailings satisfy legal communication
requirements, including but not limited to the
requirement that any such communications be in writing.
Electronic Mailings will be deemed received by you
within 24 hours of issuance.
Orders.
All orders (including any subscription to our services)
are for personal use only, and orders for resale are
prohibited without prior written approval. Products
displayed on the sites for sale, if any, are available
only while supplies last. We try to display the image of
the products available on our sites, including colors,
as accurately as possible, but they may vary and the
actual colors you see depend upon your device display.
If we cancel your order after charging your account, we
will issue a credit for the amount charged.
No binding offer. Nothing on the sites or services constitutes a binding
offer to sell, distribute, or give away any products or
services. In the event the products and services are
listed at an incorrect price, we have the right to
refuse or cancel orders placed at the incorrect price,
regardless of whether the order has been confirmed or
you have been charged. We reserve the right, at any time
after receipt of your order, to accept or decline such
order, or any portion thereof, or not ship to particular
addresses, even after your receipt of an order
confirmation or after you have been charged. We also
reserve the right, at any time, to limit the quantities
of products and/or services ordered for you or your
household. There may be information on the sites that
contains typographical errors, inaccuracies, or
omissions that relate to product descriptions, colors,
pricing, or availability. We make no representation as
to whether information on the sites or services is
current or as to the completeness or accuracy of any
information on the sites or services.
Billing Information. When you provide payment information ("Billing
Information") to CHRONOTRACKER or its authorized
processor, you represent that you are an authorized user
of the payment card, PIN, key, account, or other payment
method specified by you ("Payment Method), and you
authorize CHRONOTRACKER to charge such Payment Method
for the full amount of the transaction. The terms of
your payment will be based on your payment method and
may be determined by agreements between you and the
financial institution, debit or credit card issuer, or
other provider of your chosen payment method (the
"payment method provider"). If ChronoTracker
does not receive payment from your payment method
provider, you agree to pay all amounts due on your
account upon demand. In the event we are advised of
insufficient funds in your account or credit to cover
your payment by your payment method, we may re-present
such an uncleared or rejected payment, or any lesser
amount thereof, to your payment method provider. In the
event we have to collect unpaid amounts you owe us, you
will be liable for all collection costs, including
attorneys' and collection agency fees.
ChronoTracker reserves the right to correct any errors
or mistakes that it makes, even if it has already
requested or received payment, and to update your
information from available third-party sources. In the
event CHRONOTRACKER cannot charge the payment method you
provide, we reserve the right to terminate your order
and invoice you for any unpaid amounts. You must
promptly notify ChronoTracker if your payment method is
canceled (e.g., for loss or theft). If you fail to
notify us, you remain responsible for any continued
charges to the payment method you provided.
Cancellations and Refunds You can cancel your subscription by calling customer
service and speaking with a customer service
representative. You can also send an email with the word
CANCEL" in the subject line, providing information
about your account number and the subscription you wish
to cancel, to support@chronotracker.com, or you can go
here. Any refunds are subject to the terms of the offer
you accepted.
How to Cancel Auto-Renewal You can cancel auto-renewal at any time to avoid future
charges by going here or contacting customer service at
+971 56 881 6444.
Free or Introductory Promotional Offer If you enrolled for any of our services under a special
introductory offer (for example, a discounted or free
initial trial or free merchandise), you are subject to
the terms of the offer you accepted, and, unless you
cancel within the time frame presented in the offer, the
applicable regular fee for the services you selected
will be posted to your Payment Method after the
introductory offer or trial period is completed. We
reserve the right to limit any introductory or trial
offer to one per person or household.
- Your Use of the Sites and Services
Rules of Conduct In connection with
your use of the sites and services, you will not: (i)
use the sites and services other than as permitted in
these terms and only for your personal use; (ii) modify,
translate, adapt, or otherwise create derivative works
or improvements, whether or not patentable, of the
sites, content (as hereinafter defined), or services;
(iii) upload or input to the sites or services any
information that contains software viruses or any
computer code, files, or programs designed to interrupt,
destroy, or limit the functionality of the sites or
services; (iv) reverse engineer, decompile, reverse
assemble, decode, modify, or attempt to discover any
source code or generate its content or any software or
other products or processes accessible through the Sites
or Services; (v)use any automated means, including,
without limitation, agents, robots, scripts, or spiders,
to access, monitor, or copy any part of the Sites or
Services, monitor traffic on the Sites or Services,
obtain or accumulate personal information about other
users, or collect or store personal data about other
users; (vi) copy or adapt the object code of any
software, HTML, JavaScript or other code; (vii) remove,
disable, circumvent, or otherwise create or implement
any workaround to any copy protection, rights
management, or security features in or protecting the
Sites or Services; (viii) use the Sites or Services in
any manner that in CHRONOTRACKER’s sole judgment,
adversely affects the performance or function of the
Sites or Services or interferes with the ability of
other users to access or utilize the Sites or Services
or undertake any acts not expressly permitted under the
Terms; (ix)remove, delete, alter, or obscure any
trademarks or any copyright, trademark, patent, or other
intellectual property or proprietary rights notices from
the Content; (x) rent, lease, lend, sell, sublicense,
assign, distribute, publish, transfer, or otherwise make
available the Services, or any features or
functionalities of the Sites or Services, to any third
party for any reason; (xi) exploit, distribute, or
publicly communicate any error, miscue, or bug that
gives an unintended advantage; (xii) use software or any
other means to harvest information from the sites or
services; (xiii) harass others or disclose personal
information about others that could amount to
harassment; (xiv) impersonate others, create false
accounts, or misrepresent your affiliation with any
other person or entity; (xv) Send chain letters, junk
mail, spamming material, or any other form of bulk
communication; (xvi) insert your own or a third
party's advertising, branding, or other promotional
content into any of the Sites’ content, materials, or
services (for example, without limitation, in an RSS
feed or a podcast received from us or otherwise through
the Sites), or, except as otherwise specifically
authorized in these Terms or on the Sites, use,
redistribute, republish, or exploit such content or
services for any further commercial or promotional
purposes; (xvii) publish, post, upload, store,
distribute, or disseminate any unlawful, defamatory,
infringing, obscene, sexually explicit, harmful,
confidential, libelous, hateful, threatening, or
otherwise illegal material or information, or anything
which might constitute a criminal or civil offence;
(xiii) engage in spidering, "screen scraping,"
"database scraping," harvesting of e-mail
addresses, wireless addresses, or other contact or
personal information, or any other automatic means of
obtaining lists of users or other information from or
through the Sites or Services, including without
limitation, any information residing on any server or
database connected to the Sites or or (ix) undertake to
use the sites or services in violation of any applicable
law or generally accepted practices or guidelines
("accepted practices") or take any action that
would cause us to be in violation of any applicable law
or acceptable practices.
Monitoring. ChronoTracker reserves the right to monitor all
network traffic to the sites or services, and anyone
using the sites or services expressly acknowledges that
such monitoring may occur. ChronoTracked may block
unauthorized attempts or intrusions to upload or change
information, or cause damage to the Sites or Services in
any way.
Objectionable Content. If you encounter something you find objectionable and
in violation of these terms, you can report it to
support@chronotracker.com.
Feedback/Idea Submissions. ChronoTracker does not accept unauthorized idea
submissions. Any ideas disclosed to ChronoTracker are
not confidential, and ChronoTracker may develop, use,
freely disclose, or publish similar ideas without
compensating you or otherwise accounting to you. All
comments or materials submitted to us, including
testimonials, images, reviews, questions, comments, or
suggestions (collectively, "Feedback"), are
received and treated by us on a non-confidential and
unrestricted basis. If you provide ChronoTracker with
any feedback, you hereby grant ChronoTracker a
non-exclusive, fully-paid, royalty-free, irrevocable,
perpetual, transferable, sublicensable license to
reproduce, distribute, modify, prepare derivative works
based on, publicly perform, publicly display, make, have
made, use, sell, offer to sell, import, and otherwise
exploit that feedback for any purposes, using all
current and future methods and forms of exploitation
throughout the world. If any such rights may not be
licensed under applicable laws (such as moral and other
personal rights), you hereby waive and agree not to
assert all such rights. You understand and agree that
ChronoTracker is not required to make any use of any
feedback that you provide. You agree that if
CHRONOTRACKER makes use of your feedback, it is not
required to credit or compensate you for your
contribution. You represent and warrant that you have
sufficient rights in any feedback that you provide to
CHRONOTRACKER to grant CHRONOTRACKER and other affected
parties the rights described above. This includes but is
not limited to intellectual property rights and other
proprietary, privacy, or other personal rights.
Termination.
ChronoTracker may terminate your access to its sites or
services immediately or disable any username, password,
or other identifier, whether chosen by you or provided
by ChronoTracker, at any time without notice if, in
ChronoTracker’s sole opinion, you have violated any
provision of these Terms. Termination will not limit any
of CHRONOTRACKER’s rights or remedies at law or in
equity.
Third-Party Links.
The sites and services may contain links to other
websites or applications. These websites and
applications are not under the control of ChronoTracker,
and the existence of a link from the sites or services
does not imply any endorsement of or affiliation with
the linked websites or applications. ChronoTracker makes
no warranties or representations and disclaims all
liability relating to the accuracy, content, Terms of
Service, privacy policies, products, services, legality,
reliability, viewpoint, accuracy, currency, decency, or
any other aspect of the linked websites or
applications.
Linking to the Sites Unless otherwise specifically indicated in these Terms
or on the Sites, you agree that: (i) if you include a
link from any other website to the Sites, such links
will open in a new browser window and link to the full
version of an HTML formatted page of the Sites; (ii) you
are not permitted to link directly to any image hosted
on the Sites or Services, such as using an in-line"
linking method to cause the image hosted by us to be
displayed on another website; and (iii) you agree not to
download or use images, You agree not to link from any
other website to the Sites in any manner such that the
Sites, or any page of the Sites, is "framed,"
surrounded, or obfuscated by any third-party content,
materials, or branding. We reserve all of our rights
under the law to insist that any link to the Sites be
discontinued and to revoke your right to link to the
Sites from any other website at any time upon written
notice to you.
Data Collection Policy No party unaffiliated with CHRONOTRACKER may collect or
use, or direct, authorize, or assist other persons or
entities to collect or use, any data from a user, or a
computer or device operated by a user, while accessing
our sites or services without CHRONOTRACKER‘s prior
express written permission.
Modification to Services. ChronoTracker has the right to modify its services (and
the products and services accessible through them) and
its sites at any time in its sole discretion, which may
include upgrades, bug fixes, patches, other error
corrections, and/or new features (collectively,
including related documentation, "Updates").
Updates may also modify or delete certain features and
functionality in their entirety. You agree that
ChronoTracker has no obligation to provide any updates
or to continue to provide or enable any particular
features or functionality or other aspects of its sites
or services. Your only right with respect to any
dissatisfaction with any modifications made to its Sites
or Services or any policies or practices of
CHRONOTRACKER in providing its Services is to cancel
your account and/or stop using the Sites or Services.
Injunctive Relief. You expressly acknowledge and agree that there may be
no adequate remedy at law for a breach of this Section,
that such a breach may irreparably harm CHRONOTRACKER,
and that CHRONOTRACKER is entitled, without limiting any
of its other remedies at law or equity, to seek
injunctive relief (both temporary and permanent) from
any court of competent jurisdiction immediately upon
request and without the need to post a bond or security,
with respect to any such breach or potential breach of
these Terms.
- Proprietary Rights
Ownership of content and marks. The
Sites and Services, and all content published on or
accessible through the Sites and Services (including,
for example, audio, photographs, illustrations,
graphics, other visuals, video, copy, text, software,
titles, Shockwave files, etc.), code, data, and
materials thereon, as well as the look and feel, design,
and organization of the Web Site, and the compilation of
the content, code, data, and materials on the Sites
("Content"), are owned by CHRONOTRACKER, its
subsidiaries, affiliate ChronoTracker owns a copyright
in the selection, coordination, arrangement, and
enhancement of such content, as well as a copyright in
the sites. All trademarks, logos, service marks, trade
names, and trade dress appearing on the content and
sites ("Marks") are proprietary to
CHRONOTRACKER, its subsidiaries, affiliates, or its
licensors. You acknowledge that you do not acquire any
ownership rights in any content or marks downloaded or
accessed from the sites or services. You may not frame
or utilize framing techniques to enclose any Marks or
Content (including images, text, page layout, or form)
or use any Meta tags or any other "hidden
text" utilizing CHRONOTRACKER, its affiliates’, or
its licensors’ names or Marks without the prior express
written consent of CHRONOTRACKER. You agree not to copy,
reproduce, publish, transmit, distribute, perform, sell,
create derivative works of, or in any way exploit, the
sites, services, marks, or content, in whole or in part,
without the prior written consent of ChronoTracker.
Notices From Third-Party Licensors
Getty Images (including still images and visual
representations) may not be republished, retransmitted,
reproduced, downloaded, or otherwise used, except for
downloading for personal, non-commercial use.
Our Limited License to You You acknowledge and agree that the sites, services, and
content are provided under license and not sold to you
for your own use. You do not acquire any ownership
interest in the Sites, Services, or Content under these
Terms, or any other rights thereto, other than to use
the Sites, Services, and Content in accordance with the
license granted, and subject to all terms, conditions,
and restrictions under these Terms. ChronoTracker grants
you a limited, personal, non-commercial, non-exclusive,
revocable, non-assignable, and non-transferable license
to access (but not through scraping, spidering,
crawling, or other technology or software used to access
data) and display the Content (excluding any software
code) solely for your personal use in connection with
accessing and using the Services as reasonably necessary
to use them for their intended purpose. You may not
insert any code or product to manipulate the content,
sites, or services in any way that affects the
user's experience. ChronoTracker, its affiliates,
subsidiaries, and licensors reserve all rights not
expressly granted in and to their respective sites,
services, marks, and content. You may not use the sites,
services, marks, or content in a manner that constitutes
an infringement of our rights or that has not been
authorized by us. More specifically, unless explicitly
authorized in these Terms, you may not modify, copy,
reproduce, republish, upload, post, transmit, translate,
sell, create derivative works, exploit, or distribute in
any manner or medium (including by email or other
electronic means) any material from the Sites or
Services. You may, however, from time to time, download
copies of individual pages from the Services for your
personal, non-commercial use, provided that you keep
intact all copyright and other proprietary notices.
- Disclaimer of Warranties
IF YOU CHOOSE TO USE THE SITES OR SERVICES, YOU DO SO
VOLUNTARILY AND AT YOUR SOLE RISK. The content and
information offered on or through the sites or services
are provided "as is." TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAWS,WE DISCLAIM ALL
WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR
IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OR TERMS OF SATISFACTORY QUALITY,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE
DO NOT WARRANT: THAT THE SITES OR SERVICES, OR ANY OF
THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT DEFECTS WILL BE CORRECTED; OR THAT ANY PART OF THE
SITES OR SERVICES, OR THE SERVERS ON WHICH THEY ARE
AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, INCLUDING WHETHER UPDATES WILL AUTOMATICALLY
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SITES OR
SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO
THEIR CORRECTNESS, ACCURACY, TIMELINESS,RELIABILITY,
APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO
THE NATURE OF THE INTERNET, CHRONOTRACKER CANNOT
GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY
AND ACCESSIBILITY OF THE SITES OR SERVICES.
CHRONOTRACKER MAY LIMIT THE AVAILABILITY OF THE SITES OR
SERVICES OR CERTAINAREAS OR FEATURES IF NECESSARY DUE TO
CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS
SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT
ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE
SITES OR SERVICES.IF YOU ARE DISSATISFIED WITH ANY OF
THE MATERIALS CONTAINED IN THE SITES OR SERVICES, OR
WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING OUR SITES OR SERVICES.IT IS YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR
OTHER CONTENT AVAILABLE THROUGH THE SITES. Please seek
the advice of professionals, as appropriate, regarding
the evaluation of any specific information, opinion,
advice, or other content, including but not limited to
financial, health, or lifestyle information, opinion,
advice, or other content.
- Limitation of Liability
You acknowledge and agree that, to the maximum extent
permitted by law, the entire risk arising out of your
access to and use of the sites, services, and content
remains with you. Neither CHRONOTRACKER nor any other
party involved in creating, producing, or delivering the
Sites or Services or Content will beliable for any
incidental, special, exemplary or consequential damages,
including lost profits, loss of data or loss of
goodwill, service interruption, computer damage or
system failure or the cost of substitute products or
services, or for any damages for personal or bodily
injury or emotional distress arising out of or in
connection with these Terms or from the use of or
inability to use the Sites or Services, whether based on
warranty, contract, tort (including negligence), product
liability or any other legal theory, and whether or not
CHRONOTRACKER has been informed of the possibility of
such damage, even if a limited remedy set forth herein
is found to have failed its essential purpose. In no
event will CHRONOTRACKER’s aggregate liability arising
out of or in connection with these Terms and your use of
the Sites or Services exceed the amounts you have paid
to CHRONOTRACKER in the twelve-month period prior to the
event giving rise to the liability, or 100 AED if no
such payments have been made, as applicable. The
limitations on damages set forth above are fundamental
elements of the basis of the bargain between
CHRONOTRACKER and you. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
- Your legal liability
You agree to defend, indemnify, and hold harmless
ChronoTracker and its shareholders, partners,
affiliates, directors, officers, subsidiaries,
employees, agents, suppliers, and licensors from and
against all damages, losses, liabilities, claims, and
costs (including, but not limited to, reasonable
attorneys’ fees and costs, including costs to respond to
regulatory inquiries, actions, or subpoenas) related to
all third party claims, charges, and investigations,
arising from, relating to, or caused by your failure to
comply with these Terms; We reserve the right, at our
own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by
you, and in such a case, you agree to cooperate with our
defense of such a claim.
- Geographic Restrictions
ChronoTracker will provide the sites and services with
reasonable care and skill but makes no representation
that they are appropriate for use from locations outside
the United Arab Emirates or compliant with laws outside
the United Arab Emirates. If you access the Sites or
Services from outside the United Arab Emirates, you are
responsible for compliance with local laws in relation
to your use of the Sites or Services.
- Changes to the Terms of Service
ChronoTracker will review and, if necessary, update
these terms periodically and will note the new effective
date if any changes are made. If we make material
changes to these Terms, we may choose to notify you by
prominently posting a notice of a new Terms of Service
update on the Sites for a period of time at our
discretion, but we encourage you to review these Terms
and make note of the "effective date"
frequently. Your continued use of the
sites and services after we post any changes to the
terms signifies your agreement to any such changes. If
you do not agree to these terms, you must discontinue
using the sites and services.
- Third Part Links
You may be able to access other websites, mobile
applications, or resources through links accessible on
the sites or services. Because CHRONOTRACKER has no
control over such websites or mobile applications, you
acknowledge and agree that CHRONOTRACKER is not
responsible for the availability of such external
websites, mobile applications, or resources accessible
from those third parties and does not endorse and is not
responsible or liable for any content, advertising,
products, services, or other materials available from
such websites or mobile applications, nor does
CHRONOTRACKER endorse any such websites, mobile
applications, or resources, or the products or services
assessable on such websites or mobile applications.
- Governing Law / Arbitration / Dispute Resolution
Governing Law. These Terms shall be
governed by and construed in accordance with the laws of
the Emirate of Dubai and the Federal Laws of the United
Arab Emirates as applied in the Emirate of Dubai,
without application of conflict of laws rules. The
application of the United Nations Convention on
Contracts for the International Sale of Goods (CISG) is
excluded.
Resolution of any dispute Most customer concerns can be resolved quickly and to
the customer’s satisfaction by contacting us by writing
to Tok Tech Electronics Trading LLC, Dubai, United Arab
Emirates, or by emailing us at support@chronotracker.com.
If, however, the concerns you had could not be resolved
by the personnel directly involved and a dispute arises
between you and ChronoTracker ("Dispute"), the
parties shall first attempt in good faith to promptly
resolve such dispute by negotiation between duly
appointed executive officers or other representatives of
such parties, with full authority to negotiate and
settle the Dispute. If a dispute has not been resolved
by negotiations within 90 days as provided hereinabove,
you and CHRONOTRACKER each agree, to the fullest extent
permitted by law, instead of suing in court to arbitrate
such dispute through binding arbitration pursuant to the
arbitration rules of the Dubai International Arbitration
Centre, on an individual basis, without class relief,
except for disputes pertaining to CHRONOTRACKER’s
intellectual property rights and statutory claims that
pursuant to law are not arbitrable. This agreement to
arbitrate is intended to be broadly interpreted. It
includes claims based on in contract, tort, statute,
fraud, misrepresentation, or any other legal theory (the
claim(s)"). The arbitrator's decision and
award are final and binding, and judgment on the award
may be entered in any court with jurisdiction.
Jury Trial Waiver for US Residents or US
Citizens YOU AND CHRONOTRACKER EACH VOLUNTARILY WAIVE THE RIGHT
TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US
ARISING OUT OF THESE TERMS OR THE SITES OR SERVICES.
Class action waiver. YOU AND CHRONOTRACKER EACH AGREE THAT CLAIMS AGAINST
THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY
AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
All arbitrations under these terms must be conducted on
an individual (and not a class-wide) basis, and an
arbitrator will have no authority to award class-wide
relief. You acknowledge and agree that these Terms
specifically prohibit you from commencing any legal
proceedings as a representative of others; participating
in a class, representative, or collective action as a
class representative, class member, or opt-in party;
acting as a private attorney general; or joining or
consolidating claims with claims or proceedings brought
by any other person ("Class Action
Waiver").
Survival. These arbitration provisions shall survive the
termination of these Terms.
Severability. If
any provision of this Section is declared or found by a
court of competent jurisdiction or arbitrator to be
unlawful, unenforceable, or void, such provision will be
ineffective only to the extent that it is found
unlawful, unenforceable, or void, and the remainder of
the provision and all other provisions will remain fully
enforceable, except that if the class action waiver for
any claim cannot be enforced, then the provision to
arbitrate will not apply.
- No Rights for Third Parties
You agree that, except as otherwise expressly provided
in these Terms, there are no third-party beneficiaries
to these Terms.
- Miscellaneous
These Terms and the policies incorporated herein
constitute the entire agreement between you and
ChronoTracker. They supersede any and all prior or
contemporaneous agreements between you and ChronoTracker
relating to your use of the sites or services. If these
Terms expire or are terminated for any reason, the
provisions that, by their nature, should continue after
termination, including, but not limited to, proprietary
rights, the disclaimer of warranties, the limitation of
liability, your legal liability, governing
law/arbitration/dispute resolution, no rights of third
parties, and miscellaneous, shall survive any such
expiration or termination. If any provision of these
Terms is declared or found by a court of competent
jurisdiction or arbitrator to be unlawful,
unenforceable, or void, such provision will be
ineffective only to the extent that it is found
unlawful, unenforceable, or void, and the remainder of
the provision and all other provisions will remain fully
enforceable, except that if the class action waiver for
any claim cannot be enforced, then the provision to
arbitrate will not apply. You may not assign your rights
under your CHRONOTRACKER account or this agreement to
any third party without CHRONOTRACKER’s prior written
permission. ChronoTracker may assign these terms, in
whole or in part, at anytime. Headings in the Terms are
for convenience of reference only and shall not affect
the interpretation or construction of this agreement.
The failure of ChronoTracker to partially or fully
exercise any rights or the waiver of ChronoTracker to
enforce any breach of these Terms by you shall not
prevent a subsequent exercise of such right by
ChronoTracker or be deemed a waiver by ChronoTracker of
any subsequent breach by you of the same or any other
term of these Terms. The rights and remedies of
CHRONOTRACKER under these Terms and any other applicable
agreement between you and CHRONOTRACKER shall be
cumulative, and the exercise of any such right or remedy
shall not limit CHRONOTRACKER’s right to exercise any
other right or remedy. In the event of any conflict or
inconsistency between any of these Terms and any other
terms or conditions applicable to the Services, we shall
determine which rules, restrictions, limitations, terms,
and/or conditions shall control and prevail in our sole
discretion, and you specifically waive any right to
challenge or dispute such a determination.
- Contact Us
If you have any questions about these terms, please email us at support@chronotracker.com or write to us at: Tok Tech Electronics Trading LLC,
Dubai, United Arab Emirates.
When contacting
us, please include your full name, address, phone
number, and email address, and indicate the specific
nature of your request or inquiry.
For usage and/or reposting permission requests
related to content, you can go here or email us at support@chronotracker.com.