Terms and Conditions

SWIN Technologies AB Terms of Use

Terms of Use

Welcome to the TrusTrace website. TrusTrace (“TrusTrace”, the “Site”, “we”, “us”, or “our”) provides the Site as a service to its customers. Please read these Terms, as it governs how you use the Site. By using the Site, you confirm that you accept these terms and conditions and that you agree to comply with them. In fact, it might be a good idea to print a copy of these documents. If you do not agree to these Terms and conditions you must not use the Site. If you do decide to stop using the Site because of something in any of these documents, please tell us in case it is something we can work on. We really want the Site to work for people who want to use it.

We can change these Terms at any time. You should check this page regularly, to make sure you know what our up-to-date Terms are. If at any time you disagree with our Terms then you must stop using the Site. If you carry on using the Site, then you are confirming you accept the new Terms.

TrusTrace maintains other policies, guidelines, and requirements posted on the Site from time to time. By using the Site, you agree to abide by these, and your use of the Site is subject to all of these policies, guidelines, and other requirements which are incorporated into these Terms.

If you do not follow the rules set out in these Terms, then your right to use the Site will cease immediately.

Eligibility

You must be at least 18 years of age to use this Site. If you are younger than 18 years of age, then you must ask your legal guardian to give you permission to use this Site. They should read these Terms and conditions.If you are using the Site on behalf of a business, then you must have the authority to bind your business to these Terms. By continuing to use this Site, you warrant that you have the authority to do this.

It is your responsibility to make sure that your use of the Site complies with all laws, rules and regulations that apply to you.

No reliance on information

We help establish product traceability and transparency information, which needs various people to access our website and enter the information. Brands, Tier-1 and various lower Tier suppliers access our website and share information about their facilities, production processes and other general information. It is possible for people to make mistakes, for example, mentioning incorrect information about the address of a facility, policies that apply to that facility etc.,. We strongly encourage everyone uploading information to double check that the information they are sharing is accurate, but we will not be held responsible if they get it wrong. We do some level of validation to ensure that the information entered by the users is validated, but the system has its own limitations to check and ensure that the information uploaded to the Site by our users is correct. It would be a logistical nightmare for us if we did that. We make no representations, warranties or guarantees, whether express or implied, or that the content on the Site is accurate, complete or up-to-date. We strongly recommend you verify any information before you rely on it.

Linking to the site

We would love you to tell people about TrusTrace and about the Site. You are welcome to link to the pages on the Site, but you must only do so in a way which is fair and legal and you must not damage or take advantage of our reputation. You must not link to the Site in a way that suggests any form of association, approval or endorsement on our part where this does not actually exist. We can withdraw our permission to link to the Site at any time, without giving you notice.When posting images that we host on the Site to outside websites you must include a link back to the Site and the page on which that image or content appears. The Site may link to third party websites and/or services, for example, Twitter, Facebook, blogging sites, emailing content. When you use these third party websites/services, you are no longer dealing with TrusTrace, but with that third party. We cannot control the content of those sites and will not be responsible for them.

We love to hear new and exciting ideas, so if you would like to use our content in a way other than that set out above, please get in touch via our contact form.

Your personal information

Should you choose to use the “community features” of the Site, such as commenting and social networking, please be aware that any personal information you have uploaded to the Site (for example, your name, phone number, address and/or email address) will be shown to other users of TrusTrace if you choose to share such information. Therefore, you must not post such information unless you intend it to be available to the public.

Site use

You must not access or use the TrusTrace website for any illegal or unauthorised purpose. You shall remain solely responsible for your conduct on the Site, including any content you upload and any comments you make.

We want users of the Site to co-exist harmoniously. Any kind of harassment connected to use of the Site (including via e-mail and chat) is strictly forbidden. We will not tolerate any obscene or abusive language or material. We are not able to monitor the conduct of its users, but if we become aware that our Site is being used in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent, then your right to use the Site will cease immediately.

By uploading content to the Site, you agree to allow other TrusTrace users to view and comment on the content and you agree to allow TrusTrace to display the content on the Site, and store, modify, reformat, distribute and otherwise use and exploit the content forever as we see fit.

Availability of the Site

TrusTrace will use reasonable efforts to ensure that the Site is available to you when you want to use it. However, we do not guarantee that the Site, or any of its content, will always be available or uninterrupted. We may suspend, withdraw, discontinue or change some or all of the Site at any time and without giving you any notice. We will not be liable to you for this.

We reserve the right to refuse service to anyone for any reason at any time.

TrusTrace may, but has no obligation to, remove content from the Site, for example when we determine in our sole discretion that the content is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, or violates any party's intellectual property, these Terms and conditions, or other policy documents and community guidelines as posted on the Site. “Content” may include, for example, items, item descriptions, and information submitted in the forums.

Cancellation and termination

TrusTrace, in its sole discretion, may terminate your password and/or account and remove and discard any content within the TrusTrace Site for any reason, including and without limitation lack of use, or if TrusTrace believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at TrusTrace’s discretion, will be terminated as well.

TrusTrace, in its sole discretion and at any time, may discontinue providing the TrusTrace services, or any part thereof, with or without notice. Any termination of your access to the TrusTrace service under any provision of these Terms of Use may be effected without prior notice. TrusTrace may immediately deactivate or delete your account, as applicable, and all related information and content and bar any further access to such information, content or to the TrusTrace service. TrusTrace will not be liable to you or any third party for any termination of your access to the TrusTrace service.

After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account or that you have stored on the TrusTrace service may be, but is not required to be, deleted by TrusTrace. TrusTrace will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.

Additional terms applicable only to Clients

If you are a customer of the TrusTrace service, the following terms also apply to you.

Subscriptions to the TrusTrace service may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of the TrusTrace service may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at TrusTrace's discretion without notice, and all prices listed on the Site are subject to change.

In order to subscribe to the TrusTrace service, you may be required to provide TrusTrace with billing and account information (“Billing Information”) for a credit card, payment card or another payment system for which you are authorized to approve charges (each, a “Payment Source”) to allow TrusTrace to collect payment from you for your use of the TrusTrace service. You must provide TrusTrace with true, accurate, current and complete Billing Information and maintain and promptly update your Billing Information to keep it true, accurate, current and complete.

Unless other payment arrangements have been made in advance and confirmed by TrusTrace, you authorize TrusTrace to automatically and immediately bill your Payment Source when charges for your use of the paid version of the TrusTrace service are due, without any further action on your part or other prior notice on the part of TrusTrace. You assume full responsibility for such charges, even if such charges are declined or not paid by your Payment Source.

If you register to use a paid version of the TrusTrace service on a free-trial basis and you do not cancel the trial before the expiration of the trial period, then, upon the expiration of the trial period, your account will be automatically converted to a paid account and, unless other payment arrangements have been made in advance and confirmed by TrusTrace, your Payment Source will be billed for that paid TrusTrace service.

If your Payment Source is invalid, if charges billed to your Payment Source are declined or not paid or if you fail to pay charges for a paid version of the TrusTrace service when due, your account may be downgraded, suspended or cancelled, at TrusTrace’s discretion. If your account is suspended, TrusTrace may, but is not obligated to, maintain your account and/or related content and information, in order to allow you pay the past-due charges and restore your account. If the charges are not paid, your account may be cancelled.

Unless stated to the contrary, all charges for paid versions of the TrusTrace service are non-refundable, even if your use of the paid version of the TrusTrace service is cancelled before the end of your current billing period.

In addition to any other remedies available to TrusTrace, you will pay a late fee of one percent (3%) per month (or the maximum amount permitted by applicable law, whichever is less) for any late payments hereunder.

You are solely responsible for any and all taxes, levies, charges and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by TrusTrace. All fees stated for use of the TrusTrace service are net of any applicable taxes.

TrusTrace grants to you, commencing on the effective date of your subscription to the TrusTrace service (the “Effective Date”) and continuing thereafter for the term of your subscription (unless terminated earlier pursuant to these Terms of Use), a non-exclusive, non-transferable (except as permitted below), world-wide, limited license to make use of the then-current versions of the TrusTrace service to which you have subscribed for the purposes outlined in these Terms. The TrusTrace service is licensed hereby, not sold.

You may not assign your subscription to the TrusTrace service, and such any assignment by you will be null and void; provided, however, that you may assign your subscription to the TrusTrace service to its successor in interest in connection with the sale of your business as a going concern or in connection with the sale of all, or substantially all, of your assets.

Intellectual Property

We own all intellectual property rights in the Site. Anything that we contribute to or publish on the Site is owned by us and protected by copyright laws and treaties around the world.

By uploading content to the Site, you confirm that you have the right to do so. You must not upload any content that would infringe another person's intellectual property rights, including copyright, trademark, privacy or other personal rights. If we become aware that you have uploaded content that infringes another person's intellectual property rights, we will remove the content and your right to use the Site will cease immediately.

By uploading content to the Site, you grant TrusTrace and the users of the Site, a non-exclusive, royalty-free, non-assignable licence to use any of the content you upload. The scope of this licence is not unlimited. Users of the Site can only use the uploaded content via this licence to the extent that use is consistent with the reason for which it was uploaded. If you are in doubt about whether you are permitted to use content from the Site, you must ask TrusTrace or the user who uploaded the content to the Site prior to making use of it.

If you reproduce, sell, modify or otherwise use any content posted by another TrusTrace user to other sites without including a link back to the page on the TrusTrace from which you took the content, you will be infringing upon the intellectual property rights of the user who originally uploaded that content.

Viruses

We really hope that you will be able to use the Site without encountering a virus, but we cannot guarantee that this is the case. It is up to you to make sure you have anti-virus software to protect you when using our Site.

We will not be liable to you for any loss or damage caused by a virus. When we say “virus”, we are referring to a very long list of things (much too long to list here!). To give you an idea, a virus includes things like trojans, worms, logic bombs, distributed denial-of-service attacks, or other technologically harmful material; basically anything that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

You must not misuse the Site by introducing a virus or by trying to gain unauthorised access to the Site, the server on which our Site is stored or any server, computer or database connected to the Site. If you do, you may commit a criminal offence. We take things like this very seriously and we may report you to the relevant law enforcement authorities. We tell them who you are, and will co-operate with them in any action they take against you.

Privacy

We take your privacy seriously. Please review our Privacy Policy, which describes how we handle information about you. We do not, however, process your financial or payment information. You should refer to the Terms and Conditions of our provider for how they will handle your credit card and other important information.

Limitation of liability

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Site or
  • use of, or reliance on, any content displayed on Site.

We will not be liable for:

  • loss of profits, sales, business or revenue
  • interruption of business
  • loss of anticipated savings
  • loss of goodwill, reputation or business opportunity or
  • any indirect or consequential loss or damage.
Applicable law

These Terms are governed by Swedish law. The courts of Sweden will have exclusive jurisdiction.