TERMS AND CONDITIONS FOR THE USE OF THE ALBTRACE ("TERMS OF USE")

Access to this App: Please read these Terms of Use carefully before using the ALBTRACE Mobile App (hereinafter referred to as “the App”). This App is operated by General Directorate of Customs ("Operator", "us", "we" or "our"). By using this App you will be deemed to accept and comply with these Terms of Use. These Terms of Use apply to all visitors, users and other who access or use the App. BY ACCESSING OR USING THIS APP YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DISAGREE WITH ANY PART OF THE TERMS OF USE THEN YOU MAY NOT ACCESS THE APP.

The Operator grants you a limited license to access and make personal use of the App and not to modify it, or any portion of it, except with the express written consent of the Operator. This license does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of reverse engineering, data mining, robots or similar data gathering and extraction tools. None of the App or any portion thereof may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of the Operator. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of the Operator without express written consent. You may not use any meta tags or other "hidden text" utilizing the Operator’s name or trademarks without the express written consent of the Operator. Any unauthorized use of the App or breach of these Terms of Use terminates the permission or license granted by the Operators and may result in legal action being taken against the person in breach of these Terms of Use.

Purpose of the App: THE PURPOSE ("PURPOSE") OF THIS APP IS TO ENABLE THE VERIFICATION OF STAMPS DELIVERED BY THE OPERATORS FOR excisable stamped PRODUCTS THAT ORIGINATE FROM THE OPERATORS (THE "STAMP"). THIS APP IS LIMITED TO THAT PURPOSE. THIS APP IS NOT DEEMED TO PROVIDE ANY INFORMATION ON THE USE OR DISTRIBUTION OF THE PRODUCTS NOR ON THE CONSEQUENCES OF SUCH ACTS.

Jurisdiction: Your access to, and use of, this App, these Terms of Use, including the Privacy Policy (and any dispute, controversy, proceedings or claim of whatsoever nature arising in any way therefrom) shall be governed by, and interpreted in accordance with the laws of the Republic of the Albania exclusive of any rules with respect to conflicts of laws. All disputes arising in connection herewith shall be submitted to the exclusive jurisdiction of the Tirana District Court. 

Copyright: The information contained on this App or in any publication made available on or through this App is the exclusive property of the Operator or is licensed to the Operator and is protected by copyright and other proprietary rights. Nothing contained in this App may be reproduced, distributed or edited in any manner without the prior written authorization of the Operator.

Trademarks: This App contains trademarks which are owned and registered by the Operator. No license to use any of these trademarks is hereby granted or implied. No reproduction is permitted without specific written authorization of the Operators.

DISCLAIMER: The information contained and accessed on or through this App is provided by the Operator for general guidance and is only intended to offer you information on the authenticity of the product. The Operator owns all text, data, images and other materials on the App. The Operator made every effort to ensure that the information contained on this App is accurate and reliable. However, errors may sometimes occur. Therefore the Operator  expressly disclaims all express or implied warranties of any kind as to any matter whatsoever relating to the App. The Operator DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE OPERATOR MAY REMOVE THE APP OR SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE APP OR SERVICES AT ANY TIME WITHOUT NOTICE TO YOU. IN NO EVENT SHALL THE OPERATOR, THEIR AGENTS OR SUBCONTRACTORS BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION CONTAINED AND ACCESSED ON OR THROUGH THE APP.

The App may contain links and pointers to other (related) web Apps and resources. Links to and from third-party Apps, maintained by third parties, to the App do not constitute an endorsement by the Operator or any of their agents or subcontractors of any third-party resources or their contents.

You expressly agree that your use of, or inability to use, the App is at your sole risk. All content, functions, material and information accessed through the App are provided "as is". The Operator make no representation or warranties of any kind whatsoever for the content, material, information and functions accessed through the App, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through linked apps.

Neither the Operator nor their agents or subcontractors shall be liable for any damages caused by viruses that may infect computer equipment, operating systems or browsers.

No liability in case of counterfeiting: THE OPERATOR DOES NOT PROIVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, THAT (I) THE APPLICATION OF THE STAMP TO THE PRODUCTS WILL PREVENT AN ACT OF COUNTERFEITING OF THE PRODUCTS OR THEIR PACKAGING, OR (II) THE STAMP OR TRACK AND TRACE SYSTEM CANNOT BE DEFEATED OR CIRCUMVENTED. ACCORDINGLY, IN NO EVENT SHALL THE OPERATOR, ITS AGENTS OR SUBCONTRACTORS, BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LOSSES WHICH YOU INCUR AS A RESULT OF COUNTERFEITERS DEFEATING OR CIRCUMVENTING THE TRACK AND TRACE SYSTEM AND THE STAMP.

No liability related to the use or distribution of the Products: You are solely responsible for familiarizing yourself with the applicable laws and regulations pertaining to the Products and ensuring compliance with them. THE OPERATOR DOES NOT PROVIDE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING THE CONTENT OF THE PRODUCTS NOR THEIR USE OR DISTRIBUTION.

Indirect damages: The Operator, its agents or subcontractors shall not be liable to you or any third parties for (a) any indirect, special or consequential loss or damage; or (b) loss of data or other equipment or property; or (c) economic loss; or (d) any loss or damage, including loss of actual or anticipated profit, interest, revenue, anticipated savings or business or damage to goodwill; or (e) injury to life, body or to health, caused by any non-performance, defective performance or failure of the App, in each case whether arising from negligence, breach of these Terms of Use or otherwise.

You cannot rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) other than as expressly set out in this Terms of Use.

Unlawful and prohibited use: As a condition of using the App, you acknowledge and undertake not to use the App for unlawful or prohibited purposes or in any way that is inconsistent with the Republic of Albania directives or policies.

Evidence in court: Any information displayed on this App cannot be used as evidence in court without validation of and further input and verification by the Operator using tools that the Operator may deem appropriate for that purpose.

Amendments: The Operator reserves the right at any time and at its sole discretion without giving prior notice to you to modify or replace these Terms of Use and to impose new or additional terms or conditions on your use of the App. Such modifications and additional terms and conditions will be effective immediately and shall be incorporated herein and shall form an integral part of these Terms of Use. Your continued use of the App will be deemed acceptance thereof.

Severability: Each provision of these Terms of Use is intended to be severable. If any term or provision of these Terms of Use is found to be illegal, invalid for any reason or inconsistent with the Republic of Albania directives or policies, such illegality, invalidity or inconsistency shall not affect the legality or validity of the remainder of these Terms of Use.

PRIVACY POLICY: The Operator takes the security and privacy of the users of the App about whom it holds information seriously. The purpose of this policy is to describe to you the information we may hold about you, explain what we use it for and explain your rights in relation to it. By using the App, you are accepting the terms described in this Privacy Policy. This Privacy Policy is an integral part of these Terms of Use.

What information do we collect? In general, you can access any service of the App without disclosing or revealing any personal information about yourself.

However, in order to ensure improved use of the App, the App may collect one or both of the following types of information from you: Personally Identifiable Information and Non-Personally Identifiable Information.

Personally Identifiable Information refers to information that lets us know the specifics of who you are. Personal information is requested when you register for an account and send us feedback. For example, this information might include your name and email address. Such information may be held on our technical support databases. This allows us to provide support to you.

Non-Personally Identifiable Information refers to information that is statistical in nature only and that does not, by itself, identify a specific individual or entity and which depends upon the visiting you do on the App. For example, this information may include the domain from which you access the Internet, the date and time you access the App. This information is used in an aggregate form to make the App more secure, useful and attractive to their users.

Does the Operator share the information it receives?  The Operator does not sell or share any information about you. the Operator may share personally identifiable information only as set forth below:

1. The Operator may be required to transfer to third-party agents and subcontractors which perform certain functions on behalf of the Operator, such as delivering stamps. These parties have access to such information only as necessary to perform their functions and may not use it for any other purpose. By using the App, you are providing explicit consent to the transmission of data collected on the App outside of the Operator and in particular to trans-border transmission.

2. For any reason if, in the Operator’s sole discretion, Operator  believes it is required to do so, including: to satisfy any laws, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Use or other terms and conditions; or to otherwise protect the Operator, its agents and subcontractors.

"Cookies" and how the Operators use them: A "cookie" is a small data file that can be placed on your hard drive when you visit certain apps. The apps may use cookies to collect, store and sometimes track information for statistical purposes to improve the products and services the Operator provides. Third party apps may also use their own cookies. The Operator does not control use of such cookies and expressly disclaim responsibility for information collected through them.

Your rights regarding the information held about you by the Operator, you may, for example, request us to provide you with a list and a description of this information, request us to amend any inaccuracies, or notify us that you do not consent to our continued use of this information by contacting us in the manner set out below.