In these Terms and Conditions of Use, “we” “us” and “our” refers to Tracka or Project Tracka who are owned by 152HQ Pty Ltd. We reserve the right to amend this Terms and Conditions Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Your access to and the use of the application and our service/s is provided subject to the following terms and conditions:-
Registered UsersIn order to access the services provided on this website or its applications, you must become a registered user. You must complete registration process by providing certain information as set out on our registration page. Please refer to our Privacy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. On registration, we provide you with log on details to access our web site, you shall manage the security of your log in details and change your password from time to time to assist with the security of data. Revealing your account login details to others to use or share is strictly prohibited.
Using another person’s login is strictly prohibited.
We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Website ServicesOur services are provided to persons over the age of eighteen (18) years.
By proceeding to use our website, you acknowledge that you are over 18 years of age. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. We reserve the right to amend our subscription fees at any time. If you have placed an order, we will undertake to fulfil the subscription fee until the period has lapsed.
When you visit or use our website, we give you a limited licence to access and use our services and the information. You are permitted to use our services and download copies of the information to your computer for your professional use provided that you do not delete or change our copyright symbols, trade marks or other proprietary notices. Your use of our application and its content in any other way may infringe our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information from our website other than the information developed under your account by you or your users without our prior written permission. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Every effort is made to ensure that the Tracka site remain available. However, we take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control, or for maintenance or other technical reasons. We do not warrant that the function of the Site will be uninterrupted or error-free. In no event will we be liable for any loss or damage including without limitation, any direct, indirect, incidental, consequential, special or exemplary loss or damage or any loss or damage whatsoever arising from the use of or inability to use the Website.
HyperlinksThis website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link to our website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property RightsThis Website, Applications and there Content is protected by copyright laws. All methods, processes, functions and the content of this website including applets, graphics, images, layouts and text belongs to us. (Or we have a licence to use these materials.)
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
DisclaimersWhilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. Statutory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:
Schedule 2 of the C&C Act; and
those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:
We will repair or replace the goods or any part of them that is defective; or
Provide again or rectify any services or part of them that are defective; or
Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:
If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of LiabilityIf you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
We do not participate in any way in the transactions between our users.
IndemnityBy accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
JurisdictionThese terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
PrivacyWe undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy which may be accessed from any web page of the public site.
These Terms and Conditions have been specifically drafted for, and provided to 152HQ Pty Ltd by LawLive Pty Ltd (www.lawlive.com.au).
For further information, feel free to Request a call back and we can help you.