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Lotrax.com - Terms and Conditions
Terms and Conditions
  • Lotrax.com is the property of Spectrum Optimisation Solutions Ltd. Access to and use of Lotrax.com and the services available through this Lotrax.com (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services. We will not be liable if for any reason this website is unavailable at any time or for any period except under conditions stated as part of 6c. From time to time, we may restrict access to some parts or all of this Website for maintenance purposes. All users will be notified at least 30 days in advance of any such action and will detail the date and times in which the website will be unavailable.

  • 1) Prohibitions

    1.1 - You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. LotraxTM will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

    1.2 - We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

  • 2) Intellectual Property, Software and Content

    2.1 - The intellectual property rights in all software and content made available to you on or through Lotrax.com remains the exclusive property of Spectrum Optimisation Solutions Ltd and is protected by copyright laws and treaties around the world. All such, rights are reserved by Spectrum Optimisation Solutions Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

    2.2 - You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software component, our website designs or accompanying documentation supplied by LotraxTM or its licensors. LotraxTM is a trade mark belonging to Spectrum Optimisation Solutions Ltd. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Spectrum Optimisation Solutions Ltd.

    2.3 - All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on this site may violate Copyright, trademark and other applicable laws, and could result in criminal or civil penalties.

  • 3) LotraxTM Community AreasRegistration

    3.1 - LotraxTM reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way. If you use multiple logins for the purpose of disrupting the community you may have permanent action taken against all of your accounts.

    Submission of material

    3.2 - By submitting any material to us, you automatically grant LotraxTM the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also acknowledge that LotraxTM is not obliged to publish any material submitted by you on any LotraxTM publication.

    3.3 - We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified). In certain circumstances LotraxTM may also share your contribution with trusted third parties however this information will be anonymous.

    3.4 - By submitting any material to us, you agree to use the LotraxTM Community areas in accordance with these Terms and Conditions.

  • 4) Terms of Sale

    4.1 - By placing an order you are offering to purchase a subscription of service and are subject to the following terms and conditions. All orders are subject to confirmation of the order price.

    4.2 - In order to contract with LotraxTM you must possess a valid credit or debit card issued by a bank acceptable to Sage Pay or have a valid Paypal account. LotraxTM retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the service on offer. All costs will be calculated to GBP and all payment transactions taken by LotraxTM are the responsibility of the merchant, Spectrum Optimisation Solutions Ltd.

    4.3 - All prices advertised are subject to such changes. Prior to any changes being implemented, users will be notified at least 30 days in advance of any price changes being introduced.

    4.4 - Following an order being placed, on receipt of payment, access will be granted to the Lotrax application. Email confirmation is required prior to access being granted. Should a user not receive the email requesting confirmation following payment, lotraxed@gmail.com should be contacted.

  • 5) Our Contract

    5.1 - When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will constitute acceptance of your order. All terms and conditions will apply until the contract is terminated (account is closed).

  • 6) Termination of Subscription

    6.1 - You reserve the right to cancel your subscription at any time. This can be done by closing the account within the user interface, automatically.

    6.2 - Where an account is closed, all data associated with that account will be deleted. LotraxTM does not hold data indefinitely.

    6.3 - Where an account is closed before the subscription is due for next payment, LotraxTM will not refund money relating to service time unused in any month. Consideration will only be given where account closure is undertaken for the reasons outlined in section 7a, 7b and 7c.

  • 7) Refunds and Cancellation of Service

    7.1 - Customer accounts can be closed from within the user interface at any time. Upon cancellation of an account, no further payments will be taken from the account. Cancellation must be undertaken before the monthly subscription payment date to prevent payment from being taken.

    7.2 - We do honour requests for refunds due to the following reasons:

    a) major defects: although all the products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted for our Support Team's approval. We keep the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a Customer, a refund may be issued to the customer in full without any compensations or reimbursements.

    b) product not-as-described: such issues should be reported to our Support Department within 7 days from the date of the purchase of subscription. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer's false expectations or wishes will not be honoured.

    c) unavailability of LotraxTM website: should technical issues be identified in which the Lotrax.com website becomes unavailable, we will aim to rectify the issue within 24 hours. Should the service be unavailable for longer than this term, we will accept requests for a refund for that month only. LotraxTM will be taken down for 1 day per month to perform maintenance and to apply system improvements / bug fixes. Should the requirement exist for any additional down time, customers will be communicated to at least 30 days in advance of this date to notify them of the date and times when LotraxTM will be unavailable (exception to this - 7d). No refund requests will be honoured due to the unavailable of the system for maintenance.

    d) System downtime - it may be necessary to restrict access to the LotraxTM website should technical fixes be required to be made urgently. In such cases, customers will be notified at least 24 hours before said action is taken.

  • 8) Pricing and Availability

    8.1 - Whilst we try and ensure that all details and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. All prices are inclusive of VAT where applicable.

    8.2 - LotraxTM payments are handled via Sage Pay. LotraxTM has no access to payment card data and do not store any billing or sensitive customer information. Sage Pay terms and conditions can be accessed here: http://www.sagepay.com/terms_conditions.

  • 9) Minimum Age of Use

    9.1 - There is no age restriction for use of LotraxTM however the registrant must be the owner of the debit or credit card or have express permission from the owner to in order to use for payment.

  • 10) Disclaimer of Liability

    10.1 - The material displayed on Lotrax.com is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, LotraxTM and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

  • 10.1 - Additionally:

    • Lotrax.com shall not be responsible for URLs dropped or excluded by a search engine for any reason. LotraxTM has no direct affiliation with any of the Search Engines and does not control any part of this process. Lotrax simply provides the means to monitor independently built links.

    • Lotrax.com shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client's receipt of the account service data.

    • LotraxTM shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes or other disasters.

    • Lotrax.com will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

    • Lotrax.com does not represent or warrant that Customers' URLs will achieve a favourable position, or any position, within a particular search engine through use of Lotrax.

    • Lotrax.com does not warrant or represent that the use or the results of materials available through third parties will be correct, accurate, timely, reliable or otherwise.

    • Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside LotraxTM control and could result in a breach of security. Accordingly, LotraxTM cannot guarantee that your account data information will be free from corruption or piracy. You hereby expressly waive any claim against LotraxTM or it's parent company Spectrum Optimisation Solutions Ltd arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of LotraxTM or Spectrum Optimisation Solutions Ltd.

    • To the maximum extent allowed by law, LotraxTM and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder.

  • 11) Linking to this Website

    You may link to any page on this website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    You must not establish a link from any website that is not owned by you or without the express approval of the website owner. This Website must not be framed on any other site and we reserve the right to withdraw linking permission without notice.

  • 12) Disclaimer as to ownership of trademarks, images of personalities and third party copyright

    Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with LotraxTM or Spectrum Optimisation Solutions Ltd and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to LotraxTM.

  • 13) Indemnity

    You agree to indemnify, defend and hold harmless LotraxTM, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

  • 14) Variation

    LotraxTM shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

  • 15) Invalidity

    If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not affect all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

  • 16) Complaints

    We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any comments or complaints.

  • 17) Waiver

    If you breach these conditions and we take no action, we will still be entitled to exercise our rights and remedies in any other situation where you breach these conditions.

  • 18) Entire Agreement

    The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and LotraxTM. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of LotraxTM.

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