Effective: 16 August 2018

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Welcome to Enquiry Tracker

Please read on to learn the rules and restrictions that govern your use of the website(s), products, services and applications (the “Services”) made available to you by Enquiry Tracker Pty. Ltd. ABN: 41 622 948 734 and its affiliates (collectively, “Enquiry Tracker,” “we” and “us”).

These Terms of Use (the “Terms”) are a binding contract between you and the Company and apply to all available functionality and tools, including but not limited to Enquiry Tracker (collectively, app.enquirytracker.net). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

In these Terms:

  • “Person” means any individual, company, trust, entity, partnership, joint venture, association, organisation, corporation, body corporate or governmental agency;
  • “Personal Information” has the meaning given in the Privacy Policy;
  • “Privacy Policy” means our privacy policy as amended from time to time;
  • “Third Party Content” means web sites, platforms, content, products, services, and information of other parties including content provided to us by links to sites owned by other parties;
  • “Website Information” mean content and information contained in, displayed on or accessible through the Websites, including content or information generated on the Websites by us or on our behalf and any Third Party Content;
  • “Website” means www.enquirytracker.net including all password protected areas; and
  • “Websites” means the Website and any other websites owned or operated by us or our related entities, subdomains of such websites and all related top-level domains, mobile sites, apps, APIs and widgets; and
  • “You” means the person using, browsing or otherwise accessing any content or data on the Websites.

Please take a moment to familiarise yourself with the terms and others like Enquirers, and Services etc. in our Definitions document.

We reserve the right to change these Terms by publishing new terms on the Website. Your use of the Websites constitutes your acceptance of these Terms as amended from time to time.

Should you object to any of our Terms or other notices on the Websites your sole option is to immediately cease your use of the Websites.

If you Sign-Up in Australia, Services are provided by the Company:

Enquiry Tracker Pty. Ltd.
ABN 41 622 948 734
P.O. Box 182
Malvern VIC, 3144, Australia.

Our Services

The Service is accessed by the Organisation (and “Users”). An Enquiry Tracker User is any individual with an Enquiry Tracker Account (username and password) who can access the Service on behalf of their Organisation.

Enquiry Tracker (“Service”) is an online application for tracking Enquiries (“Enquirer”) and managing Web Forms for event registration, prospectus requests and general enquiries.

About Organisations

Organisations, such as Schools, use Enquiry Tracker to:

  • Add Users (staff) to access Enquiry Tracker;
  • Create, view, update and delete Enquirer information via a browser;
  • Add additional information about Enquirers (e.g. relevant contacts, activity logs, notes, special needs, general interests and event attendance);
  • Send communications such as email and SMS to Enquirers;
  • Set up WebForms capturing relevant information, payments and/or signed consent from Enquirers (e.g. agree to
  • Code of Conduct when attending a school event);
  • Set and send automated reminders/thank-you for attending etc. to Enquirers confirming event registration, a request for information, such as a prospectus, or to ensure their general information is accurate and up-to-date;
  • Run reports on their Enquirers, Events and other activities; and
  • The User can export data and/or permanently delete Enquirer information.

About Enquirers

Enquirers are families/guardians/agents seeking information when selecting a school on behalf of their children or representatives.

  • The Enquirer enters data into Enquiry Tracker via Web Forms or via on premise access to the Enquiry Tracker application;
  • Enquirers are not required to register an account in Enquiry Tracker;
  • All WebForm completions by the Enquirer are controlled by the Enquirer, not Enquiry Tracker or the Organisation;
  • If the Enquirer completes a WebForm (e.g. an event registration form, or Code of Conduct form), that WebForm response becomes the property of the Organisation. This means the Enquirer still controls their responses, however only the Organisation can delete the WebForm completions;
  • The Enquirer may receive emails, text messages, push notifications and other alerts via Enquiry Tracker on behalf of an Organisation and their Users. Communications include reminding them of upcoming events; thanking them for attending and other general communication relevant to their enquiry at the selected Organisation;
  • The Enquirer may provide consent (such as Code of Conduct), authority or agreement via Enquiry Tracker, and does so as an electronic transaction;
  • The Enquirer is solely responsible for verifying the identity of a signatory to any electronic transaction it is a party to.
  • Any information shared by a Enquirer with an Organisation may be retained by the Organisation for the purposes of updating/maintaining their administrative records, and/or for compliance purposes;

Terms of Use

Any person who registers an Organisation with Enquiry Tracker warrants that he or she is an authorised representative of that Organisation, with the requisite authority to bind the Organisation to this Agreement.

This Agreement governs the use of Enquiry Tracker by any Organisation, and limits the liability of the Company to any Organisation. The Organisation agrees and accepts that:

  • It shall only use Enquiry Tracker for its intended purpose (Services) as set out in this Agreement;
  • The Organisation is responsible for any information they collect, store and access via Enquiry Tracker;
  • The Company is the data processor and allows the Organisation (via the Organisation’s Users) to perform various actions using the Services;
  • Enquiry Tracker does not guarantee the validity of any electronic transaction (e.g. WebForm completions);
  • All communications sent to Enquirers via Enquiry Tracker is on behalf of the Organisation, and will use the Organisation’s name (and logo if supplied);
  • The Organisation is responsible for granting and removing permissions to any Users;
  • The Organisation is responsible for ensuring all Users follow the Terms of Use, Privacy Policy and any General Conditions;
  • The Organisation shall ensure all personal information accessed through Enquiry Tracker is kept and used in accordance with that Organisation’s relevant regulations and privacy requirements;
  • The Organisation shall comply with all anti-SPAM, privacy and data collection legislation in its jurisdiction;
  • The Organisation is solely responsible for the use of the Enquirer information uploaded or input into Enquiry Tracker by any Individual.

Licence, Fees and Termination

The Organisation’s licence to use Enquiry Tracker, as provided for in the General Conditions, is subject to the payment of all necessary Fees;

  • Fees apply as agreed between the Organisation and the Company as to the use of Enquiry Tracker, and the terms of those Fees are set out in the General Conditions;
  • The Organisation’s licence to access Enquiry Tracker shall be ongoing until terminated by the Organisation in accordance with this Agreement;
  • Either party may end this Agreement at any time by 30 days’ written notice to the other party;
  • Subject to written approval from the Organisation, it grants Enquiry Tracker a royalty free licence to use any logos in any form, media or technology for the purpose of promoting or marketing Enquiry Tracker;
  • Where a Fee is paid for a particular term of access to Enquiry Tracker, the Organisation shall not be entitled to refund of any Fees; and
  • If the Company terminates this Agreement without cause, it shall provide a pro-rata refund for any fees paid in advance.

Disclaimer

Third Party Information and Services

The Organisation acknowledges that the Services:

  • Are dependent on third-party services, including but not limited to email providers, cloud hosting services, and telecommunications services;
  • May provide links to third party websites where the Company does not control the content; and
  • Allows Organisations to provide links to third party websites where the Company does not control the content.

Limitation of Liability

The Organisation agrees that the Company shall not be responsible or liable in any way for:

  • Communications (e.g. emails or SMS) sent via Enquiry Tracker on behalf of the Organisation;
  • Any authorised access to data in Enquiry Tracker (by the Organisation). The Company accepts no liability for the access to Enquirer Profile by Users authorised by the Organisation;
  • Any access to Enquiry Tracker by an Individual using login details of a User;
  • The Company accepts no liability for the accuracy and content of information provided by Enquirers or Organisations;
  • Interruptions to the availability of Enquiry Tracker due to third-party services; and
  • Information contained on any linked third party websites;
  • Any loss of data.

Limitations of Use

The Company may limit or restrict access to Enquiry Tracker from time-to-time as it sees fit, including (but not limited to):

  • Users: The Company may restrict access if users do not follow the Terms of Use, Policies and General Conditions;
  • Organisations: The Company may restrict access only to reputable and/or registered Organisations, or if an Organisation does not follow the Terms of Use, Policies and General Conditions;
  • Location: The Company may restrict access to Enquiry Tracker to certain jurisdictions where it is able to offer Enquiry Tracker.

General Conditions

The Terms and Conditions in this Agreement govern the provision of Enquiry Tracker to the User and/or Organisation by the Company.

Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise;

  • The singular includes the plural and the opposite also applies.
  • If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
  • A reference to a clause refers to the clauses in this Agreement.
  • A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.
  • Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
  • A reference to a party to this Agreement or another agreement or document includes that party’s successor and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
  • A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
  • A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

Governing Law

Enquiry Tracker Pty Ltd
Governing Law: Victoria, Australia
Reference City: Melbourne

This Agreement is governed by the laws of the above State. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

Your Enquiry Tracker Account

  • You need an Enquiry Tracker Account in order to use Enquiry Tracker as a User on behalf of an Organisation;
  • To protect your Enquiry Tracker Account, keep your password confidential. You are responsible for the activity that happens on or through your Enquiry Tracker Account. If you learn of any unauthorised use of your password or Enquiry Tracker account, change your password by contacting your Organisation’s Enquiry Tracker administrator.

Application

  • This Agreement applies to use of and access to Enquiry Tracker;
  • Where the User does not accept any Terms and Conditions of this Agreement, the User must immediately cease using Enquiry Tracker, and/or delete their Account;
  • This Agreement may be updated from time-to-time by the Company at its absolute discretion, and unless stated otherwise by the Company in writing, such updates shall come into effect for use of Enquiry Tracker at the User’s next login upon which time the User can choose to review and accept in order to continue.

The Enquiry Tracker Product

  • Enquiry Tracker is the product described in the section of this Agreement “Our Services”.
  • Enquiry Tracker is only accessible to the Organisation as stated in the terms set out in the section of this Agreement “Terms of Use”.
  • The Organisation agrees and accepts that Enquiry Tracker is:
    • Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company services and is not available ‘locally’ from the User’s system; and
    • Managed and supported exclusively by the Company from the servers running on Google Cloud Platform and that no ‘back-end’ access to Enquiry Tracker is available to the Organisation unless expressly agreed in writing, or accessed by the Organisation using the Enquiry Tracker API.
  • As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Enquiry Tracker.
  • The Company shall not exercise its right under the clause (above) in a manner that would intentionally cause the User to lose access to User Content or fundamentally decrease the utility of Enquiry Tracker to the User, other than in accordance with the terms of the Agreement.

Licence

  • By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use Enquiry Tracker for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
  • The Company may revoke or suspend the Organisation’s licence in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the Organisation or any User. The Company will ordinarily advise the Organisation of any suspension or revocation, however, it is under no obligation to do so.
  • The Organisation agrees that it shall only use Enquiry Tracker for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in any way that is deemed unreasonable by the Company in its discretion.

Users and Security

  • The Organisation is solely responsible for the security of their Users username and password for access to Enquiry Tracker.
  • The Organisation shall notify the Company as soon as it becomes aware of any unauthorised access of its Enquiry Tracker Account.

Data Ownership

  • The Company accepts no liability for the data entered as Content.
  • Despite the clause immediately above, the Company shall be authorised to permanently delete Organisation Content where outstanding Fees remain unpaid in accordance with the section of this Agreement “Terms of Use – Licence, Fees and Termination”, subject to the Company first providing seven (7) Business Days notice of its intention to do so.
  • The Organisation is solely responsible for the accuracy, quality and legality of Content and their acquisition of it.
  • The Organisation is responsible for which other Organisations it shares information with.
    The Company shall not access, use, modify or otherwise deal with User Content except where required by the compulsion of law or upon the User’s authority (such as to provide support for Enquiry Tracker).

Privacy

  • The Company maintains a Privacy Policy for the data that is entered by Users and Organisations.
  • The Privacy Policy does not apply to how the Organisation handles personal information. It is the Organisation’s responsibility to meet the obligations of relevant regulations and privacy laws.
  • The Company makes no warranty as to the suitability of Enquiry Tracker in regards to the Organisation’s privacy obligations at law or contract, and it is the Organisation’s responsibility to determine whether Enquiry Tracker is appropriate for the Organisation’s circumstances.
  • The Enquiry Tracker website may use cookies (a small tracking code in your browser) to improve a User’s experience while browsing, and while sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.

Fees

  • The Organisation agrees to pay all Fees as and when they fall due and to the extent permissible by law. Fees are non-cancellable and/or non-refundable once ordered or paid.
  • The Company may introduce new services with corresponding Fees by giving the Organisation written notice of their availability and applicability.
  • The Company shall maintain all Fees for the term of the licence paid for by the Organisation.
  • The Company shall notify the Organisation of any changes to existing Fees no less than 14 days before the end of the term of the Organisation’s licence.
  • The Company may revoke or suspend the Organisation’s licence to access Enquiry Tracker for unpaid Fees without liability.
  • Where the Company:
    • Is required to perform any services for the Organisation outside of what is set out in this Agreement or otherwise in writing; and
    • Is subject to delays caused by changes or complexities outside of its control (and not caused by its breach of this Agreement); then
    • The Organisation agrees that the Company shall be entitled to charge the Organisation an additional amount that is reasonable for the service performed.
  • The currency of transactions will be documented in any quotations and/or orders.
  • GST is applicable to any Fees charged by the Company to Organisations within Australia. Unless expressed otherwise, all Fees shall be deemed exclusive of GST. The Company will provide an Australian Organisation with a Tax Invoice for its payment.
  • No refunds of Fees are offered other than as specified in this Agreement or as required by law.

Invoicing and Payments

  • The Company shall issue an Australian Organisation a Tax Invoice for all Fees for which GST applies.
  • The terms of payment set out in the Fees shall apply.
  • Should the Organisation dispute an Invoice, the Organisation must notify the Company of the disputed item within 5 business days of the date of the Invoice. The Organisation must pay the amount of the Invoice not in dispute within the prescribed payment period.
  • Overdue Invoices shall accrue interest at the rate of 1.5% per month, or in default, the maximum rate of penalty interest prescribed under law.
  • The Organisation authorises the Company to use the Organisation’s information for the purposes of obtaining a credit assessment or to otherwise make investigations as to the Organisation’s payment history.

Data Security

Security: The Organisation agrees that the they or their Users shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them. Enquiry Tracker’s security policy can be found at http://www.Enquiry Tracker.com/security/

Transmission: The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the Organisation to ensure that any transmission standards meet the Organisation’s operating and legal requirements.

Storage: The Company may limit the amount of data that the User stores in Enquiry Tracker, and shall advise the User of such. Data that is stored with Enquiry Tracker shall be stored according to accepted industry standards.

Backup: The Company shall perform backups of Enquiry Tracker in as reasonable manner at such times and intervals as are reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific Content from any period of time unless so stated in writing by the Company.

Access: By accepting the terms of this Agreement the Organisation agrees that the Company shall provide access to Enquiry Tracker to the best of its abilities, however:

  • Access to Enquiry Tracker may be prevented by issues outside of its control; and
  • It accepts no responsibility for ongoing access to Enquiry Tracker.

Intellectual Property and Ownership of Content

Unless indicated otherwise all content and materials in any format on the Websites and all intellectual property in the Websites is owned or licensed by us. The Company and the Organisation further warrants that by using Enquiry Tracker the Organisation will not:

  • Copy Enquiry Tracker or the Services that it provides for the Organisation’s own commercial purposes; and
  • Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Enquiry Tracker or any documentation associated with it.
  • Disclose or allow access to any other provider who offers a similar product.

Subject to these Terms, you agree that you will not infringe our intellectual property as contained in the Websites and will not modify, copy, republish, frame, distribute or communicate any part of the Websites or any information contained on or in the Websites without our written consent or otherwise use the Websites in a way which will infringe our intellectual property or other rights.

We grant you permission to download our copyright material only for private and non-commercial purposes or for purposes necessary for you to access our services. You may only reproduce or use our copyright material for any other purpose with our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.

All content (with the exception of Content) remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Enquiry Tracker.
All rights not expressly granted are expressly reserved.

Confidentiality

  • The information and classes of information set out in the General Terms are Confidential Information for the purposes of this Agreement. In default, information relating to the business operations, personal information and other information that should be confidential is Confidential Information.
  • Each party acknowledges and agrees that:
    • The Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
    • It owes an obligation of confidence to the Discloser concerning the Confidential Information;
    • It must not disclose the Confidential Information to a third party except as permitted in this Agreement;
    • All Intellectual Property rights remain vested in the Discloser but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
    • Any breach or threatened breach by the receiving party of an obligation under this Agreement may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.
  • A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:
    • Any actual, suspected, likely or threatened breach outlined in this Agreement;
    • Any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
    • Any actual, suspected, likely or threatened theft, loss, damage, or unauthorised access, use or disclosure of or to any Confidential Information.
  • The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:
    • Any actual, suspected, likely or threatened breach of a term of this Agreement; or
    • Any theft, loss, damage or unauthorised access, use or disclosure of or to any Confidential Information that is or was in its possession or control.

Limitation of Liability

You agree that, to the maximum extent permitted by law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall the Company and our related entities, directors, officers and agents (or its licensor(s) or supplier(s)) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Enquiry Tracker Pty. Ltd. in connection with the services in the twelve (12) month period preceding this applicable claim, or (c) any matter beyond our reasonable control.

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States, Territories or Countries and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded and is restricted, at the Company’s option to:

  • The re-supply of services or payment of the cost of re-supply of services; or
  • The replacement or repair of goods or payment of the cost of replacement or repair.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold Enquiry Tracker, its affiliates, officers, agents, employees, and partners harmless from and against any action, liabilities, claims, losses, damages (actual and consequential), proceedings, expenses (including legal costs) suffered or incurred by us arising from or which is directly or indirectly related to your breach or non-observance of any of these Terms or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.

Breach of Agreement

  • Where a party is in breach of this Agreement, the other party may issue a written notice (Breach of Agreement Notice) requiring the party in breach to remedy the breach. Such notice must set out:
    • The nature of the Breach of Agreement;
    • The provisions of the Agreement that are alleged to have been breached;
    • A reasonable timeframe to remedy the breach of agreement in no less than 10 business days; and
    • The action required to remedy the breach of agreement.
  • Where a party issues a compliant Breach of Agreement Notice, the receiving party shall be required to respond and/or remedy the breach as so set out in the Breach of Agreement Notice. Failure to respond in writing setting out:
    • The steps taken to remedy the breach of agreement; or
    • Why the party believes it is not in breach as put forward in the Breach of Agreement Notice,
    • Shall not in itself confirm the alleged breach but shall be in itself a breach of this Agreement.
  • Failure to remedy a breach set out in a Breach of Agreement Notice shall be a material breach of this Agreement (Material Breach).

Termination

User Termination. The Organisation can stop using our Services at any time by notifying the Company in writing. Enquiry Tracker may also stop providing Services to you, or add or create new limits to our Services at any time.

  • We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Insolvency. Either party may terminate this Agreement immediately by notice, if either party:

  • Stops or suspends or threatens to stop or suspend payment of all or a class of its debts;
  • Is insolvent within the meaning of section 95A of the Corporations Act;
  • Fails to comply with a statutory demand unless:
  • The debt to which the statutory demand relates is discharged within 15 business days of the date of the failure; or
  • The party demonstrates to the satisfaction of the other party (acting reasonably) that it is able to pay all its debts as and when they become due and payable;
  • Has an administrator appointed in respect of it;
  • Has a controller or similar officer appointed to the whole or a substantial part of its assets or undertaking and that controller or similar officer is not removed within 15 business days of the appointment;
  • Has an order made or a resolution passed for its winding up or dissolution or it enters into an arrangement, compromise or composition with or assignment for the benefit of its creditors or a class of them;
  • Has any security enforced over, or a distress, execution or other similar process levied or served against, the whole or a substantial part of its assets or undertaking; or
  • Is subject to any event, which, under the law of any relevant jurisdiction, has an analogous or equivalent effect to any of the events listed above.
  • Expiry or termination of this Agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this Agreement up to the date of expiry or termination.
  • The rights and obligations under the relevant provisions of the following clauses survive termination of this Agreement: Limitation of Liability, Users and Security, Data Ownership, Privacy, Fees, Invoicing and Payments, Intellectual Property, Confidentiality, Liability and Indemnity, Breach of Agreement, Termination, Disputes, Force Majeure, Electronic Communication, amendment and assignment.

Disputes

All disputes shall be handled in accordance with the Company’s dispute resolution policy which is:

Negotiation. If there is a dispute between the parties relating to or arising out of this Agreement, then within 5 business days of a party notifying the other party of a dispute, senior representatives from each party must meet (or discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;

Mediation. If the dispute between the parties relating to or arising out of this Agreement is not resolved within five business days of notification of the dispute, the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution;

Arbitration. If the dispute between the parties relating to or arising out of this Agreement is not settled by mediation, either party may by written notice to the other refer the dispute to arbitration administered by the Institute of Arbitrators of Australia. The arbitrator will be agreed between the parties from a panel suggested by the President of the Institute of Arbitrators Australia, or failing Agreement, an arbitrator will be appointed by the President of the Institute of Arbitrators Australia; Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted, and

Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of this Agreement until it has exhausted the above Negotiation, Mediation and Arbitration procedures in this clause, unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that are not compensable in damages.

You understand and agree that by entering into the binding contract based on these terms, you and Enquiry Tracker are each waiving the right to trial by jury or to participate in a class action.

Force Majeure

  • Force Majeure means an event or cause beyond the reasonable control of the party claiming force majeure. It includes each of the following, to the extent it is beyond the reasonable control of that party;
    • Act of God, lightning, storm, flood, fire, earthquake or explosion, cyclone, tidal wave, landslide, adverse weather conditions;
    • Act of public enemy, war (declared or undeclared), terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic;
    • The effect of any change in applicable laws, orders, rules or regulations of any government or other competent authority; and
    • Embargo, in ability to obtain necessary materials, equipment or facilities, or power or water shortage.
  • If a party is prevented in whole or in part from carrying out its obligations under this Agreement as a result of Force Majeure, it will promptly notify the other party accordingly. The notice must:
    • Specify the obligations and the extent to which it cannot perform those obligations;
    • Fully describe the event of Force Majeure;
    • Estimate the time during which the Force Majeure will continue; and
    • Specify the measures proposed to be adopted to remedy or abate the Force Majeure.
  • Following a notice of Force Majeure and while the Force Majeure continues, the obligations which cannot be performed because of the Force Majeure will be suspended, other than obligations to pay money that is due and payable.
  • The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must remedy the Force Majeure to the extent reasonably practicable and resume performance of its obligations as soon as reasonably possible.
  • The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must take all action reasonably practicable to mitigate any loss suffered by the other party as a result of the party’s failure to carry out its obligations under this Agreement.
  • The term of this Agreement will not be extended by the period of Force Majeure.

Electronic Communication, amendment and assignment

  • The words in the clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
  • The Organisation can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the Organisation of a change of details from time-to-time.
  • The Company will send the Organisation notices and other correspondence to the details that the Organisation submits to the Company, or that the Organisation notifies the Company of from time-to-time. It is the
  • Organisation’s responsibility to update its contact details as they change.
  • A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
  • Notices must be sent to the parties’ most recent known contact details.
  • The Organisation may not assign delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without The Company’s prior written consent.
  • The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the Organisation.

Other Conditions

Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
Prevalence. To the extent that the Terms of Use are inconsistent with the General Conditions, the terms of the Terms of Use will prevail. To the extent that the Special Terms are inconsistent with the Terms of Use, the Special Conditions will prevail.

Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.

Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

Australian Consumer Law

If you constitute a consumer under the Australian Consumer Law while using the Websites, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to the Websites. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected services again or paying the cost of supplying the services again.

About these Terms

  • We may modify these terms or any additional terms that apply to a Service, for example, to reflect changes to the law or changes to our Services. You should look at these terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you must discontinue your use of Enquiry Tracker.
  • If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
  • These terms control the relationship between the Company and you. They do not create any third party beneficiary rights.
  • If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
  • If it turns out that a particular term is not enforceable, this will not affect any other terms.