Terms and Conditions

Background

This agreement applies as between you, the User of this Website, Mobile Applications, APIs and ING Consulting Group LLC and Tramca Limited trading as Tramca, the owner of this Website. Your agreement to comply with and be bound by the entire and all Clauses of these Terms and Conditions is deemed to occur upon your first use of the Website.

If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website Web application and APIs are intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.

Age Restrictions

Although our website is a general audience site, we restrict the use of our service to individuals age 18 and above

Intellectual Property

All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Tramca, Our affiliates or other relevant third parties.

By continuing to use the Website you acknowledge that such material is protected by applicable United States and international intellectual property and other laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website, Web application and APIs unless otherwise indicated on the Website or unless given Our express written permission to do so.

Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

Subject to the fair use of intellectual property you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

Fair Use of Intellectual Property

Material from the Website Web application and APIs may be re-used without written permission where any of the exceptions detailed in the various provisions of the US Copyright and Patents Laws apply.

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Tramca or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Use of Communications Facilities

When using System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

• You must not use obscene or vulgar language;
• You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
• You must not submit Content that is intended to promote or incite violence;
• It is advised that submissions are made using the English language as
• We may be unable to respond to enquiries submitted in any other languages;
• The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
• You must not impersonate other people, particularly employees and representatives of Tramca or Our affiliates; and
• You must not use Our System for unauthorized mass-communication such as “spam” or “junk mail”.
• You acknowledge that we reserve the right to monitor any and all communications made to Us or using Our System.
• You acknowledge that we may retain copies of any and all communications made to Us or using Our System.
• You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in writing, in advance and We reserve the right to reject such terms and associated information.

Privacy

Tramca collects and processes personal data relating to visitors to this website, and in relation to the services we provide. The data we process differs depending on your interactions with us, as detailed more fully below.

Where we act as a controller of personal data, the following items apply:

Details of the controller and data protection officer: the controller of the personal data we process is ING Consulting Group, LLC, located at 100 Hartsfield Center Parkway, Suite 500, Atlanta, GA 30354, USA. Our data protection officer can be contacted by email at dpo@tramca.com.

Your rights

You can request that we correct, erase, or grant you access to the personal data we hold relating to you, or (where processing is based on your consent) withdraw your consent to our processing of your personal data. In many cases, the most effective way to exercise these rights will be to mail our dedicated inbox at subjectaccess@tramca.com.

If you are concerned that we are handling your personal data improperly, you also have the right to make a complaint to our data protection regulator.

Information collection and use

The information we collect, and the ways in which we use it, varies in line with the use cases below (click the headings to view the relevant portions of the policy):

• Visitors to tramca.com
• Candidates for jobs with Tramca
• Our anti-money laundering, sanctions and adverse media data
• Business contacts

Disclaimers

We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services.

No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

No part of this Website is intended to constitute a contractual offer capable of acceptance.

Whilst We use all reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

Changes to the Service and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

Availability of the Website

The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website or any Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.

Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on the part of us.

Nothing in these Terms and Conditions excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Communications

All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to contact@tramca.com. Such notice will be deemed received three days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

We may from time to time send you information about Our products and/or services. If you do not wish to receive such information, please click on the Unsubscribe link on any email you receive from us.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and us shall be governed by and construed in accordance with the Laws of the United States and Wales and both we and you agree to submit to the exclusive jurisdiction of the State of Georgia, USA.