Key Definitions and Interpretation
The following definitions apply in this document
Agent means an authorised adult or representative acting on behalf of the Enquirer
ABN means Australian Business Number.
Adult means a person that has reached the legal age of majority (generally over the age of 18).
Agreement means these Terms of Service.
Browser web storage enables websites to store data in a browser on a device. When used in “local storage” mode, it enables data to be stored across sessions (for example, so that the data is retrievable even after the browser has been closed and reopened).
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in the Reference City.
Child means a legal minor (generally under the age of 18).
Enquiry Tracker Pty Ltd
ABN 41 622 948 734
P.O. Box 182 Malvern VIC, 3144, Australia
Confidential Information means all information (whether or not it is described as confidential) in any form or medium concerning any past, present or future business, operations or affairs of either party, including, without limitation:
- All technical or non-technical data, formulae, patterns, programs, devices, methods, techniques, plans, drawings, models and processes, source and object code, software and computer records;All business and marketing plans and projections, details of agreements and arrangements with third parties, and customer and supplier information and lists;
- All financial information, pricing schedules and structures, product margins, remuneration details and investment outlays;
- All information concerning any employee, customer, contractor, supplier or agent of the relevant party;
The party’s policies and procedures; and
- All information contained in this document;
- And excludes information that the other party can establish is known by or is in the other party’s possession or control other than through a breach of this document and is not subject to any obligation of confidence;
- Or is in the public domain other than by a breach of this document or any obligations of confidence.
Content means data (any information) that is uploaded or input into Enquiry Tracker by the User or Enquirer.
Cookies and similar technologies. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognise your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. Other technologies are used for similar purposes as a cookie on other platforms where cookies are not available or applicable, such as the Advertising ID available on Android mobile devices. See Cookies Policy.
Corporations Act means the Corporations Act 2001 (Cth).
Customer means a paying customer Organisation.
Device means a computer that can be used to access Enquiry Tracker Services. The device could be a desktop, tablet or smartphone.
Enquirer means information related to an enquiry that includes parent, guardian or other contacts information as well as relevant student information.
Enquirer Profile means an Enquirer profile about an Individual and those they are responsible for (e.g. themselves, their child). The Enquirer Profile may include information such as the Individuals contact details, and other Student Information pertaining to their Child , and any attachments (such as birth certificates; school reports etc). When an Enquirer shares this information with an Organisation, the Enquirer Profile becomes part of that Organisation’s records;
Enquiry Tracker means the Enquiry Tracker product or services Web application accessible from https://app.enquirytracker.net;
Enquiry Tracker Account means the User has registered an account to use Enquiry Tracker and has a Username and Password.
General Conditions means the terms and conditions set out in the section of this Agreement entitled “General Conditions”.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Individual means an Adult or Child.
Individual User means a Enquiry Tracker User
IP Address means the number known as an Internet protocol (IP) address, which is assigned to every device connected to the internet. These numbers are usually assigned in the geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the internet.
Intellectual Property Rights means, for the duration of the rights in any part of the world, any Moral Rights, industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.
Moral Rights means;
- Moral rights pursuant to the Copyright Act 1967 (Cth);
- Or any rights analogous to the rights set out in the Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended from time to time).
Organisation means a Enquiry Tracker Customer with User access that is (without limitation) a school, educational institution or other organised or incorporated body.
Personal Information means personably identifiable information, or sensitive personal information, as used in information security and privacy laws. Personal information may include special needs and information which personally identifies an individual, such as their name, photo, address (physical and email), phone number, and billing information.
Pricing means the pricing (also known as Fees) as notified to the Customer in writing by the Company from time-to-time.
Service means the solution described in the section of this Agreement entitled “Our Services”.
Special Conditions means the terms and conditions set out in the section of this agreement entitled “Special Conditions”.
School Representative means a staff member, a student, or a volunteer at the Organisation that has been given access to Enquiry Tracker.
Staff Member means any employee, volunteer or other personnel of an Organisation (including teachers, coaches, instructors, etc) that are added as Users in Enquiry Tracker.
Student Information means any special needs, disabilities, other information (e.g. gender, age, etc), and special interests about an Individual.
User means any Individual that uses Enquiry Tracker and has a Enquiry Tracker Account (with Username and Password).
WebForm means Enquiry data captured via an electronic form such as for event registrations, requesting a prospectus or general enquiry.
You means the person using, browsing or otherwise accessing any content or data on the Websites.