This Website is provided solely to assist companies who subscribe to the Services (“you” or “Company”), or who are considering subscribing to TrackEx.
The terms “we”, “us”, “our”, and “TrackEx” refer to TrackEx LLC, a Washington limited liability company, and its subsidiaries and corporate affiliates (collectively, the “TrackEx Companies”). The term “you” refers to any Company or employee of such Company that visits the Website, books a travel reservation through the Website, and/or books a travel reservation through TrackEx agents.
We provide a software-as-a-subscription (“SaaS”) service for companies to simplify their expenses and business travel process including gathering travel information, determining the availability and pricing of travel-related goods and services, making legitimate reservations for themselves or on behalf of others or otherwise transacting business with travel suppliers, and for no other purposes.
This agreement does not constitute a license to any intellectual property rights relating to the Services. All intellectual property rights relating to the Services are and shall remain the exclusive property of TrackEx or its licensors. Except as expressly authorized, you may not make use of the Materials. We reserve all rights to materials not expressly granted in this Agreement.
TrackEx grants you a revocable, non-exclusive, non-transferable, limited license to use the Services. As a customer of the Services, you have several obligations.
- You shall ensure that all employees acting on your behalf comply with this Agreement. You will promptly notify us of any suspected or alleged violation of this Agreement by any employee or authorized user, and will cooperate with any remedial actions we take to enforce this Agreement or otherwise.
- You may not rent, lease, sell, redistribute, or sublicense the licensed service.
- You may not copy, decompile, reverse engineer, disassemble the Apps or Website or our services.
- You represent that you follow applicable data privacy and customer protection laws and have obtained the permission of your employees and to provide their data to us.
- When you post or update data to TrackEx, you represent and warrant us that you own the data or have the authority to do so.
- You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
- You grant to us a non-exclusive, non-transferable, revocable, limited right to use your Company name, trademarks, and logos (collectively, the “Customer Marks”) in accordance with any Customer trademark and logo use guidelines that Customer provides to us. Any public use of the Customer Marks by us shall be subject to Customer’s prior consent, except that we may use the Customer Marks to identify Customer as our customer, including on our corporate website. All goodwill developed from such use shall be solely for the benefit of Customer.
It is prohibited to:
- use this website, or its content, for any spamming or illegal purpose;
- attempt to gain unauthorized access to the services or its related systems or networks
- edit or remove any copyright, trademark, or other proprietary notices from any portion of the services;
- sell your license or username or otherwise transfer for any commercial or noncommercial agreement.
- transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content that affects the TrackEx platform
- upload or transmit content that violates the privacy, intellectual property, or other proprietary rights owned by us or any other party.
Company shall timely pay the fees owed to us for your use of the Services. Company is responsible for maintaining complete and accurate billing and contact information and notifying us of any changes to such information. If a change in governing law, currency fluctuation, or travel industry conditions directly results in a significant increase in our costs to provide the Services, we shall have the right to adjust the fees in proportion to the impact of the change. We will notify you of any such pricing adjustment in writing and provide reasonable supporting documentation substantiating the basis for the adjustment.
During the Term of this Agreement, each party will have access to certain information and materials concerning the other party's technology, business plans, employees, and customers that are confidential and of substantial value to such party, which value would be impaired if such information were disclosed to third parties ("Confidential Information"). The Confidential Information of TrackEx shall include, without limitation, information specifically designated as confidential, the features and functions of the TrackEx Services that are not available to the general public (including screen shots of the same), future product plans, performance and security test results (whether conducted by TrackEx or Company), and any other proprietary, financial or business information supplied to Company by TrackEx or learned by Company in connection with this Agreement or Company’s subscription to the TrackEx Service. Company’s Confidential Information shall include, without limitation, Company’s data, Company’s information specifically designated as confidential, business plans, and any other proprietary, financial, or business information supplied by Company to TrackEx or learned by TrackEx in connection with this Agreement or Company’s subscription to the TrackEx Service. Except as otherwise expressly authorized under this Agreement, the receiving party of Confidential Information shall not use, authorize or disclose any Confidential Information of the other party and shall use all reasonable means to protect and maintain the secrecy of the other party's Confidential Information. Notwithstanding the foregoing, "Confidential Information" shall not include either party's information which is:
- generally available to the public;
- already in the receiving party's possession as of the commencement of this Agreement without restriction;
- except as it relates to third party service providers of Company, received by the receiving party from a third party not in violation of an obligation of confidentiality;
- the subject of the disclosing party's written consent authorizing disclosure; or
- required to be disclosed by the receiving party by applicable law or legal process, provided that the receiving party immediately notifies the disclosing party so that the disclosing party may take steps to limit or prevent its disclosure.
The TrackEx logo is a trademark of TrackEx LLC. You agree not to display or use, in any manner, the TrackEx trademarks without our prior permission.
You agree to indemnify and hold harmless TrackEx, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by TrackEx.
YOU AGREE THAT TrackEx SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF TrackEx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL TrackEx’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. In no event shall either party be liable to the other party for an incidental, special, exemplary or consequential damages, including loss of income, data, profits, revenue or business interruption, or cost of substitute services, or other economic loss, whether or not such party has been advised of the possibility of such damages, and whether any claim for recovery is based on theories of contract, warranty, tort (including negligence and strict liability) or otherwise. In no event shall either party’s aggregate liability to the other party in connection with this Agreement exceed the total Fees paid or payable by Company in the twelve month period preceding the claim or action, regardless of the form or theory of the claim or action.
The content published on this Website may include inaccuracies or errors. TrackEx does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, airlines, car and other travel products displayed on this Website. Hotel ratings displayed on this Website are intended as only general guidelines provided by third party vendor, and the TrackEx and its Affiliates do not guarantee the accuracy of the ratings. The TrackEx and their respective suppliers make no guarantees about the availability of specific products and services displayed on the website or search result. this Website does not constitute any endorsement or recommendation of such products or services by the TrackEx. The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of TrackEx and are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. TrackEx has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, rerouting or acts of any government or authority. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-ASAVAILABLE BASIS. TrackEx EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TrackEx MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM TrackEx, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Before filing any claim, each party agrees to try to resolve the dispute by contacting the other party through reasonable means and providing notice of the dispute. Both parties will use good faith efforts to attempt to reach a resolution. If a dispute is not resolved within 30 days of notice, either party may bring a formal proceeding. TrackEx and Company agree to resolve any claims relating to this Agreement through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco, CA or any other location mutually agreeable to the parties. In the event that an arbitrator determines the matter is better suited for the courts, the parties agree that the courts of San Francisco, California will have exclusive jurisdiction of such dispute. The parties further agree that all disputes arising out of or relating to this Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Finally, you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
The heading and explanatory text are for reference purposes only and in no way define, limit,
construe, or describe the scope or extent of such section.
b. Force Majeure
We shall have no liability for any failure or delay resulting from any abnormal or
unforeseeable circumstances outside our reasonable control, the consequences of which
would have been unavoidable despite all efforts to the contrary, including without limitation
governmental action or acts of terrorism, war, earthquake, fire, flood, or other acts of God,
labor conditions, delays or failures caused by problems with another system or network,
mechanical breakdown or data-processing failures or where we are bound by other legal
We may amend any portion of this Agreement at any time by posting the revised version of
this Agreement with an updated revision date. The changes will become effective, and shall
be deemed accepted by you, the first time you use the Services after the initial posting of the
revised Agreement and shall apply on a going-forward basis with respect to transactions
initiated after the posting date.
Upon termination of your account or this Agreement for any other reason, all rights and
obligations of the parties that by their nature are continuing will survive such termination.
e. Waiver and Conflict
The failure of TrackEx to exercise or enforce any right or provision of the Agreement shall
not constitute a waiver of such right or provision. If any provision of this Agreement shall be
adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and remain enforceable between the parties.
f. Third Party Rights
This Agreement is not intended and shall not be construed to create any rights or remedies in
any parties other than you and us and any affiliates which each shall be a third party
beneficiary of this Agreement, and no other person shall assert any rights as a third party
If you have any questions about this Agreement, please contact us at:
156th Ave NE, Suite 100, Building F Bellevue, WA, 98007
If you have any questions about this Agreement, please contact us at:
156th Ave NE, Suite 100, Building F
Bellevue, WA, 98007
We strive to limit our data collection about you. We collect information about you only if we need the information for the purposes of providing the Services or enhancing our provision of the Services. We collect any information you or your organization provide us. The information provided and collected by us includes Personal Information, such as your name, postal address, email address, telephone number, payment details, social media handles and account IDs, personal identification, dietary preferences, hotel room preferences, and traveler profile details. You might provide this information to us directly, or by participating in contests or responding to surveys, subscribing to our email newsletter or other promotional materials, or by contacting customer support. Please note that if you make reservations for someone else or for someone who would be your travel companion, you would have to obtain prior explicit consent from these individuals. By submitting the Personal Information of these individuals to us or to our service providers, you acknowledge and agree that you have the needed consent and authority to do so. In addition to collecting information from you or your organization, we may obtain information of a personal or non-personal nature about you from entities who are our affiliates, business partners and/or associates and other sources. Social media accounts (e.g., Facebook and Google) used to sign up with our Services, or used in ways that associate them with us, also provide information which may be of personal nature. We may access your personal information from social media outlets in compliance with their information sharing policies. Information obtained from social media integration may include your name, pictures and photos, your gender, friends and their contact details, your personal preferences and all other information that you and your social media friends have authorized your social media provider to provide. In addition to these, we may also be provided with your updated location data from your social media provider. We may also collect some information automatically whenever you choose to visit our website. Examples of such data are your IP address, your browser software, referring website, your browsing history on our site, transactions initiated and abandoned, and transaction initiated and completed.
To the extent permissible under the applicable laws (the “Data Protection Laws”), we use your information to:
- Provide any information or Services that you have requested or ordered;
- Compare information for accuracy and to verify it with your third parties;
- Provide, maintain, protect and improve our Services;
- Manage, monitor, and administer your use of the Services and provide an enhanced, personal, user experience;
- Manage our relationship with you (for example, customer services and technical support activities);
- Processing payments;
- Undertake internal testing of our Services or systems to test and improve their security and performance (in these circumstances, we would de-identify any information used for such testing purposes);
- Provide you with any information that we are required to send you to comply with our regulatory or legal obligations;
- Detect, prevent, investigate or remediate, crime, illegal or prohibited activities or to otherwise protect our legal rights (including liaison with regulators and law enforcement agencies for these purposes);
- Contact you to see if you would like to take part in our customer research (for example, feedback on your use of our applications, products and services);
- Monitor, carry out statistical analysis and benchmarking (provided that in such circumstances it is on an aggregated basis which will not be linked back to you or any living individual);
- Deliver advertising, marketing (including in-product messaging) or information which may be useful to you; and
- Deliver joint content and services with third parties with whom you have a separate relationship (for example, social media providers).
- recognize your browser and identify it as a previous visitor to our site.
- save your preferences which are tracked during your multiple visits to our site. Such stored preferences help us to serve you in an optimal way. Sensitive information like your login details may also be stored in cookies, but they are stored in encrypted form.
We collect your information when you download and install our mobile application on your smartphone or tablet device. This information is used in a similar fashion as the information we collect from our site. In addition to the similar type of information that we collect through our site and mobile app, we also collect other additional information when our mobile apps are installed and used. They fall into these categories:
- Accessed functionalities: we collect information on the specific functionalities you use which helps us know of your interests and preferences and thus enable us to improve our mobile apps and other service offerings.
- Unique device identifier: your phone or tablet device transmits your device’s unique device identifier that uniquely identifies your device. This information is used for the sole purpose of tracking unique users accessing our services and products through mobile apps.
- Location: your current location can be accessed using the GPS or other similar technologies on your device. We may use this information to help you identify nearby hotels, restaurants, event venues, airports etc.
- Error or app crashes: Our mobile apps also send us information on errors and crashes which helps us to do proper debugging of our mobile apps making way for improved and stable mobile apps in upcoming updates.
We may share your information with:
- Our corporate family, affiliates and subsidiaries;
- Travel Suppliers like airline operators, hotel operators, car rental companies, vacation packages providers, cruise operators etc who are in the chain of supply for the travel reservations you have made through us.
- Our service providers and agents (including their sub-contractors) or third parties which process information on our behalf (e.g. internet service and platform providers, payment processing providers and those organizations we engage to help us send communications to you);
- Partners, including businesses that operate payment gateways, credit/debit card processing companies, fraud prevention companies, providers of business analytics etc. There are also third-party providers that provide services or conduct business functions on our behalf such as rendering customer services, conducting marketing-related activities, conducting customer or industry surveys etc.
- Third parties used to facilitate payment transactions, for example clearing houses, clearing systems, financial institutions and transaction beneficiaries;
- Third parties where you have a relationship with that third party and you have consented to us sending information (for example social media or other third-party application providers);
- Referral websites for marketing purposes. An example of this would be a website belonging to our affiliate program and has a click-able link placed on their site, which should you click on the link, refers you to our site;
- Third parties to enforce our legal rights and satisfy our legal obligations, including without limitation any reporting or disclosure obligations under applicable law or regulations or subpoena, court order or other judicial or administrative process, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property, or the rights, property or safety of others;
- Our professional advisors and auditors for the purpose of seeking professional advice or to meet our audit responsibilities;
- Third parties to transfer information and/or assets in the event of a joint venture, collaboration, financing, merger, acquisition, sale, bankruptcy filing, change of legal form or other corporate restructuring;
- Another organization to whom we may transfer our agreement with you; and
a. Personal InformationYou may provide us with instructions on what to do with your Personal Information. Users have choices and control over their Personal Information. Where we need to collect Personal Information and you fail to provide that data when requested, we may have to close your account and/or block your access to the Services. Since your choices and instructions may result in loss of access to the Services and services, please review your options carefully.
b. Your rights if you are located in CaliforniaUnder California law, California residents are entitled to, once a year, free of charge, request a notice describing what categories of personal information we shared with third parties (if any) for their direct marketing purposes during the preceding calendar year. The notice will identify the categories of personal information shared with third parties, as well as the name and address of the third parties that receive such personal information. If you are a California resident and want to obtain a copy of this notice, please submit a written request to email@example.com with "California Privacy Rights" in the subject line.
c. Your rights in respect to your Personal Information if you are located in the EU or SwitzerlandIf you are located in the EU or Switzerland, you have the following rights in respect to the Personal Information that we hold:
- Right of access – the right to obtain access to your personal data;
- Right to rectification – the right to obtain rectification of your Personal Information without undue delay where the data is inaccurate or incomplete;
- Right to erasure – the right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the data is no longer necessary in relation to the purposes for which it was collected or processed;
- Right to restriction – the right to restrict data processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data;
- Right to portability – the right to portability allows you to move, copy or transfer Personal Information easily from one organization to another; and,
- Right to object – you have a right to object to data processing based on legitimate interests and direct marketing.
- Right to withdraw consent – you have a right to withdraw your consent to our processing your data. If you exercise this right, we may not be able to provide services to you.
d. Other ChoicesIn addition, the browser you use may provide the ability to control cookies or other types of local data storage. We does not control these choices, or default settings, which are offered by makers of your browser.
Protecting the privacy of children is especially important. For that reason, we do not offer services or products to children and neither is the content and other functionalities on our site directed towards children. All information provided to us by children under the age of 18 are used solely for the purpose of responding back to them and informing them that they need to have parental consent before we would accept personal information from them.
If you have any queries about how we treat your information, the contents of this notice, your rights under local law, how to update your records or how to obtain a copy of the information that we hold about you, please email us at firstname.lastname@example.org, subject line: “Data protection officer” in the subject header.