Terms of Service

These Terms of Service ("Terms") constitute a binding agreement between you ("Client", "you") and Trax Concierge ("Trax", "we", "us", "our"), an independent concierge and sourcing service operating from Hong Kong. By engaging our services or instructing us in any matter, you agree to be bound by these Terms. Where a separate written engagement letter exists between Trax and the Client, the engagement letter governs and these Terms apply to matters not specifically addressed therein.

I.Nature of Our Services

Trax Concierge operates as an independent intermediary, advisor, and sourcing agent. We facilitate transactions, introductions, and arrangements on behalf of our clients across the métiers of: rare timepieces, property and residences, aviation and yachting, fine art and collectibles, travel and experiences, and bespoke lifestyle services.

Trax is not:

• An authorised dealer or retailer of any watch manufacturer, art dealer, automobile manufacturer, or other principal whose products or services we may help source.
• A licensed real estate agent in any specific jurisdiction unless expressly stated; we act as a private intermediary working with licensed agents and direct vendors.
• An aviation operator or vessel operator; we act as a charter broker working with licensed operators.
• A licensed financial advisor or investment manager.

II.Engagement & Acceptance

An engagement is created when Trax acknowledges acceptance of a specific instruction in writing (including by email or messaging platform). Trax reserves the right to decline any engagement at our sole discretion, including without limitation where:

• The proposed transaction would violate any applicable law, sanction, or our internal policies.
• We are unable to satisfy our anti-money-laundering and Know-Your-Client requirements.
• The engagement falls outside our areas of expertise or relationships.
• The engagement presents a conflict of interest with another client.

III.Fees & Compensation

Our fees are agreed in writing prior to commencement of any specific engagement. Depending on the métier and the nature of the mandate, our compensation may take the form of:

• Advisory fees — flat or hourly fees for advisory mandates.
• Sourcing fees — a percentage of the acquisition price for items we source on your behalf.
• Transaction-based fees — disclosed commissions or fees on transactions we facilitate.
• Retainer arrangements — for clients engaging Trax on an ongoing basis.

All fees, costs, and expenses are agreed in writing and disclosed transparently. Where Trax receives any compensation from a third party in connection with a client engagement, this is disclosed to the Client. We do not accept undisclosed kickbacks or hidden margins.

IV.Client Obligations

By engaging Trax, the Client agrees to:

• Provide accurate, complete, and current information including AML and KYC documentation.
• Promptly inform us of any changes to material information.
• Pay agreed fees, costs, and disbursements in accordance with the engagement terms.
• Engage with us in good faith and not seek to circumvent our role to engage directly with introduced parties in respect of the same opportunity.
• Comply with all applicable laws, including those governing the import, export, and ownership of acquired items.

V.Anti-Money-Laundering & Sanctions

Trax operates in full compliance with applicable anti-money-laundering, counter-terrorist-financing, and sanctions laws. We will conduct identity verification, source-of-funds verification, and ongoing monitoring as required. We reserve the right to delay, suspend, or terminate any engagement, and to report transactions to relevant authorities, where required by law.

VI.Confidentiality

Trax is committed to absolute confidentiality regarding all client information, mandates, and communications. This commitment is detailed in our Confidentiality Charter, which is an integral part of our engagement.

VII.Limitation of Liability

To the maximum extent permitted by applicable law:

• Trax acts as an intermediary and is not the seller of items sourced, the operator of services chartered, or the principal in any transaction we facilitate.
• While we exercise professional care in the selection of partners and in the authentication of items, we do not guarantee the performance of third parties or the absolute accuracy of authentication where performed by external specialists.
• Our aggregate liability to the Client in respect of any engagement shall not exceed the fees paid by the Client to Trax in respect of that specific engagement.
• We shall not be liable for indirect, consequential, or special damages including loss of profit, loss of opportunity, or reputational damage.
• Nothing in these Terms limits liability for fraud, wilful default, or any liability that cannot be excluded under applicable law.

VIII.Force Majeure

Trax shall not be liable for any failure or delay in performance arising from circumstances beyond our reasonable control, including without limitation acts of God, war, civil unrest, pandemic, action of any government or regulatory authority, telecommunications or banking system failures, or the failure of any third-party service provider.

IX.Intellectual Property

The trax-concierge.com website, including all text, graphics, design, and underlying code, is the property of Trax Concierge. Brand names, trademarks, and logos of third-party manufacturers referenced on the website are the property of their respective owners and are used solely for descriptive and identification purposes. Trax claims no affiliation with such manufacturers unless expressly stated.

X.Termination

Either party may terminate an engagement by written notice. The Client remains liable for all fees, costs, and expenses incurred up to the date of termination, and for any non-cancellable commitments made by Trax on the Client's behalf prior to termination.

XI.Governing Law & Dispute Resolution

These Terms and any engagement governed by them shall be construed in accordance with the laws of the Hong Kong Special Administrative Region. Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration in Hong Kong administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong; the language shall be English; and the tribunal shall consist of one arbitrator.

XII.Amendments

Trax may amend these Terms from time to time. Material amendments will be notified to active clients. The version in force at the time of an engagement governs that engagement.