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.
It is prohibited to:
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
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:
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
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
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
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
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
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
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.
We shall have no liability for any failure or delay resulting from any abnormal orunforeseeable circumstances outside our reasonable control, the consequences of whichwould have been unavoidable despite all efforts to the contrary, including without limitationgovernmental 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 legalobligations.
We may amend any portion of this Agreement at any time by posting the revised version ofthis Agreement with an updated revision date. The changes will become effective, and shallbe deemed accepted by you, the first time you use the Services after the initial posting of therevised Agreement and shall apply on a going-forward basis with respect to transactionsinitiated after the posting date.
Upon termination of your account or this Agreement for any other reason, all rights andobligations of the parties that by their nature are continuing will survive such termination.
The failure of TrackEx to exercise or enforce any right or provision of the Agreement shallnot constitute a waiver of such right or provision. If any provision of this Agreement shall beadjudged by any court of competent jurisdiction to be unenforceable or invalid, that provisionshall be limited or eliminated to the minimum extent necessary so that this Agreement shallotherwise remain in full force and effect and remain enforceable between the parties.
This Agreement is not intended and shall not be construed to create any rights or remedies inany parties other than you and us and any affiliates which each shall be a third partybeneficiary of this Agreement, and no other person shall assert any rights as a third partybeneficiary hereunder.
156th Ave NE, Suite 100, Building F
Bellevue, WA, 98007
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:
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:
We may share your information with:
We will endeavor to keep your information secure by taking appropriate technical and organizational measures against its unauthorized or unlawful processing and against its accidental loss, destruction or damage. We will take commercially reasonable steps to protect your Personal Information but we cannot guarantee the security of your information.
If you believe your account has been compromised, please contact us at firstname.lastname@example.org.
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 email@example.com, subject line: “Data protection officer” in the subject header.