These terms and conditions regulate the business relationship between a customer (you) and CorrelLink Pty Ltd (us). When you set up a TrackOnUs account with us, you agree to be bound by these terms and conditions. Please read them carefully.
We are: CorrelLink Pty Ltd (ACN: 32 146 282 680)
Our address is: Level 4 / 20 Bond St, Sydney NSW 2000, Australia
You are: A user of the TrackOnUs App & Website
In these terms and conditions:
"Content" means any material in any form published on Our Website by us or any third party with our consent.
"Material" means content of any sort shared or annotated by you using Our Website.
"Our Website" means the entire computing hardware and software installation that is or supports the TrackOnUs Website, app.trackonous.com.
"Mobile Apps" means the TrackOnUs app that can be found in the Apple Appsotre and Google Play store
"Services" means any of the plan upgrades and other services we offer on Our Website and includes generally available updates and support services so far as specified for each service.
2.1 We shall accept your order for Services by e-mail confirmation. Upon acceptance of your order, a contract between you and us will be made.
2.2 We may make changes to these terms and conditions from time to time to accommodate changes in law, business practice or the introduction of new Services. The terms and conditions that apply to you are those posted on Our Website on the day you order Services.
2.3 No variation by you of these terms and conditions will be valid unless we give you written confirmation via e-mail that such variation is accepted.
2.4 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
2.5 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
2.6 No person under the age of 18 years may order Services.
3.1 You agree that you have provided and will continue to provide accurate, current and complete information about yourself. We need this information to provide you with the Services.
3.2 If you use Our Website and Mobile Apps, you are responsible for maintaining the confidentiality of your TrackOnUs login and password and preventing any unauthorised person from using your computer or tablet device.
3.3 You agree to accept responsibility for all activities that occur under your TrackOnUs login and password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
4.1 Our Services will be provided to you via a unique login and password to Our Website and Mobile Apps.
4.2 Upon creating your TrackOnUs account, we will subscribe you to a "Trial" Plan, which is provided free of charge for a period of 30 days.
4.3 You are limited to storing documents amounting to the storage limit specified by your account's plan. You will have the option to upgrade your plan. Full details are available on the upgrade section of Our Website.
4.4 When selecting an upgrade plan, you agree to pay the full charge for the Services using a Credit Card.
4.5 Any amount payable by you under clause 4.4 is inclusive of GST.
4.6 Payments for Services are billed in advance for the opted-in duration.
4.7 Once payment is accepted, we will send you an e-mail confirming details of your purchase.
4.8 You may not share or allow others to use the Services in your name.
4.9 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.
4.10 If a change we make in the provision of the Services involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
4.11 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of downtime, we will tell you in advance. If interruption to the Services occurs for a period longer than 48 hours, we will credit your account for the period of the unavailability and not any period for which Services have been available.
4.12 We reserve the right to immediately cancel Services at any time by giving you written notification by e-mail, if there are changes in law or other intervening circumstances relating to the ongoing availability of those Services.
5.1 Feedback, queries and complaints about our Services can be made by using the Feedback form on Our Website. If you do not follow this procedure, we may be unable to identify you and the Services you have received.
6.1 We may make improvements or changes to Our Website, Mobile Apps, Content or our Services, at any time and without advance notice.
6.2 You are advised that Our Website and Mobile Apps may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention any that you find.
6.3 We give no warranty and make no representation, express or implied, as to:
6.4 We do not warrant that Our Website, Mobile Apps or the server that makes them available are free of viruses or other harmful components. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website, Mobile Apps or the purchase of our Services.
6.5 We may make available or send documents and information to you, by means of an electronic communication. You acknowledge that we are not liable in respect of:
6.6 In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the Services you have purchased.
6.7 Clauses 6.4, 6.5 and 6.5 do not apply to a claim for personal injury.
7.1 You may manage and share jobs, tasks and data objects through your TrackOnUs account, which will be hosted by Our Website and accessible to you in accordance with these terms and conditions.
7.2 We value your privacy. By using our Services, you retain full ownership to your Material. You grant us rights in relation to your Material only to the extent that is necessary to provide you with the Services.
7.3 If you share jobs, tasks and data objects through your TrackOnUs account, you warrant that you own the copyright in that Material and you accept all risk and responsibility for that Material.
7.4 You represent and warrant that you own the rights to all of the Material that you annotate and any fact stated in your Material is accurate.
8.1 You agree that you will not violate or attempt to violate any aspect of the security of Our Website.
8.2 You may not use any software tool for the purpose of extracting data from Our Website.
8.3 You understand that any such violation is unlawful and that any contravention of law may result in criminal prosecution.
9.1 You will not use or allow anyone else to use Our Website or the Mobile App to publish:
9.2 You will not use the Services for spamming. "Spamming" includes, but is not limited to:
10.1 You agree to keep safe confidential information and not to disclose or make available for disclosure to any person, any part of it.
10.2 We will defend the intellectual property rights in connection with our Services, Our Website and the Mobile Apps, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.3 We also claim copyright in the designs and compilation of all Content on Our Website and Mobile Apps. Title and ownership rights shall remain the sole property of us and/or the other content provider. We will strongly protect those rights in all countries.
10.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.5 You may not use our name, logos or trademarks or any other Content contained on Our Website or the Mobile Apps on any website of yours or that of any other person.
10.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it.
11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
12.1 You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Website or the Mobile Apps, or the infringement by you, or by any other person using your computer or tablet device, of any intellectual property or other right of any person.
13.1 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13.2 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.1 If you breach these terms and conditions, we may immediately suspend your access to Services until we are reasonably satisfied that you have remedied the breach. Where you have breached a material term (eg. failure to comply with our Acceptable Use policy), we may elect in the alternative to terminate your access to Services.
15.1 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control. We may cancel or suspend delivery of Services in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, act of God, or any other cause beyond our reasonable control.
16.1 This Agreement shall be governed by and construed in accordance with the law of Australia.
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