Last updated: September 14, 2020

Interpretation and Definitions

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of these Terms of Use:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Hong Kong SAR China
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to TraxComm Limited, Fo Tan Railway House, No. 9 Lok King Street, Fo Tan, New Territories.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website.
• Terms of Use (also referred as “Terms”) mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to TraxComm Limited, accessible from https://ogd.a5c.myftpupload.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Important Notice
These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.

By using the TraxComm’s Website, you accept and agree to be bound by these Terms of Use unconditionally.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Confidential Information
Any information obtained from or through the TraxComm’s Website including but not limited to, data related to applicants of information, whether in writing or otherwise that is not publicly known including any compilation of otherwise public information in a form not publicly known but not including information that, at the time of disclosure, is publicly known; information that, after disclosure, becomes publicly known other than as a result of a breach of this Terms of Use; information that the recipient can show was known to it prior to the disclosure; and information that the recipient can show was made known to it by a third party who was entitled to do so and who did not impose any obligation of confidentiality or restricted use;

Prohibited Activities
You shall not, whether by yourself, your agent, employees or any person authorised by you, do any of the following:

1. use any data obtained from the TraxComm’s Website to send unsolicited commercial advertising of any sort via any medium including but not limited to, the telephone, email or fax; or
2. enable high volume, automated or electronic processes to access TraxComm Limited’s computer systems including but not limited to, any login and search service in the website; or
3. compile, repackage, disseminate, disclose to any third party or use the data obtained from the TraxComm Limited’s Website for any purpose or
4. use such data obtained from the TraxComm’s Website to derive an economic benefit for yourself or any third parties

Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms of use and privacy policies of any third-party web sites or services that You visit.

Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation (i) if You breach these Terms of Use, (ii) if You refusal to perform your obligations under these Terms of Use.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability
DISCLAIMER. TRAXCOMM LIMITED ACCEPTS NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM YOUR ACCESS TO THE TRAXCOMM’S WEBSITE OR USE OF THE TRAXCOMM’S WEBSITE, NOT LIMITED TO BUT INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM ANY DEFECT, ERROR, IMPERFECTION OR INACCURACY WITH THE TRAXCOMM’S WEBSITE, ITS CONTENTS OR ASSOCIATED SERVICES, OR DUE TO ANY UNAVAILABILITY OF ANY PART OF THE TRAXCOMM’S WEBSITE OR ASSOCIATED SERVICES OR TO ANY DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, TROJAN HORSE, WORM, SOFTWARE BOMB, COMMUNICATION LINE FAILURE, SOFTWARE OR HARDWARE DATA (INCLUDING BUT NOT LIMITED TO), OR INTERCEPTION OF ON-LINE COMMUNICATION.

TRAXCOMM LIMITED MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING THE TRAXCOMM’S WEBSITE OR THE MATERIALS AND INFORMATION CONTAINED OR REFERRED TO ON EACH PAGE ASSOCIATED WITH THE TRAXCOMM’S WEBSITE. NO CLAIMS OR ACTIONS OF LEGAL PROCEEDINGS IN CONNECTION WITH THE USE OF THIS TRAXCOMM’S WEBSITE BY YOU OR ANY THIRD PARTIES AUTHORISED BY YOU TO USE THE TRAXCOMM’S WEBSITE WILL BE ENTERTAINED BY TRAXCOMM LIMITED.

YOU, YOUR EMPLOYEES, AGENTS AND ANY PERSON AUTHORISED BY YOU SHALL NOT SEEK TO RECOVER AND SHALL NOT BE ENTITLED TO RECOVER FROM TRAXCOMM LIMITED OR TO BE INDEMNIFIED BY TRAXCOMM LIMITED AGAINST ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE SUFFERED BY YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE TRAXCOMM’S WEBSITE.

YOU SHALL BE HELD RESPONSIBLE FOR ANY LOSSES AND DAMAGES SUFFERED BY TRAXCOMM LIMITED ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF THE TRAXCOMM’S WEBSITE BY YOU, YOUR EMPLOYEES, AGENTS OR ANY PERSON AUTHORISED BY YOU. TRAXCOMM LIMITED RESERVES THE RIGHT TO CLAIM AND TAKE ANY ACTIONS OR LEGAL PROCEEDINGS FOR RECOVERY OR COMPENSATION AS A RESULT.

ALL REASONABLE EFFORTS ARE MADE BY TRAXCOMM LIMITED TO ENSURE THE INFORMATION PROVIDED ON THE TRAXCOMM’S WEBSITE IS ACCURATE AND/OR UP-TO-DATE, TRAXCOMM LIMITED GIVES NO WARRANTY OF ANY KIND EXPRESS OR IMPLIED WITH REGARD TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE TRAXCOMM’S WEBSITE OR THAT THE TRAXCOMM’S WEBSITE WILL BE ERROR FREE. INFORMATION OBTAINED THROUGH THE TRAXCOMM’S WEBSITE MAY CONTAIN ERRORS INCLUDING BUT NOT LIMITED TO, INACCURACIES OR TYPOGRAPHICAL ERRORS. TRAXCOMM LIMITED SHALL NOT BE LIABLE TO YOU FOR ANY LOSS ARISING OUT OF AND TO THE EXTENT CAUSED BY ANY FAILURE BY TRAXCOMM LIMITED TO KEEP THE INFORMATION ON THE TRAXCOMM’S WEBSITE ACCURATE AND/OR UP-TO-DATE. TRAXCOMM LIMITED RESERVES THE RIGHT IN ITS DISCRETION BUT UNDERTAKES NO DUTY TO REVIEW, EDIT OR OTHERWISE CHANGE WITHOUT PRIOR WARNING OR NOTICE ANY INFORMATION OR MATERIAL CONTAINED ON THE TRAXCOMM’S WEBSITE.

Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Hong Kong Legal Compliance
You shall treat as confidential at all times all customer data and/or Confidential Information obtained from the TraxComm’s Website and such data shall not be used in any way detrimental to the customer and/or to TraxComm Limited. You shall not divulge the customer data or Confidential Information to any person except to your own employees on a need-to-know basis. You shall prevent any unauthorised use, dissemination or publication of Confidential Information and you shall not do any act, or engage in any practice, that contravenes the Hong Kong Personal Data (Privacy) Ordinance (Cap.486). In the event of any unauthorised disclosure of protected personal data and/or Confidential Information by you, whether willfully or not, you and/or your representatives who disclose the data shall be wholly and personally liable for any losses and/or damages, whether monetary or not, which TraxComm Limited may suffer directly and/or indirectly as a result of such unauthorized disclosure. TraxComm Limited shall be entitled to claim for damages which including but not limited to all legal costs and expenses incurred by TraxComm Limited in connection with the enforcement of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

Privacy and Cookie Policy
TraxComm Limited may use “session cookies” on the TraxComm’s Website. If you want to disallow such cookies you can do so on your Web browser. These cookies are stored on your computer temporarily, not permanently, namely for the duration of each of your visits to the TraxComm’s Website.

TraxComm Limited reserves the right to log your IP address and to preserve it for reasonable time. The purpose is to help the prevention or detection of crime.

Translation Interpretation
These Terms of Use may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms of Use
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us
If you have any questions about these Terms of Use, You can contact us:

• By email: [email protected]
• By visiting this page on our website: https://ogd.a5c.myftpupload.com/contact_us/
• By phone number: +852 2993 8333
• By mail: Fo Tan Railway House, No. 9 Lok King Street, Fo Tan, New Territories