In these Terms:
– “Person” means any individual, company, trust, entity, partnership, joint venture, association, corporation, body corporate or governmental agency;
– “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.
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.
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.
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 rights not expressly granted are expressly reserved.
Restrictions on Use of Websites
In accessing or using the Websites you agree that you will not:
– Use any automated device, software, process or means to access, retrieve, scrape, or index the Websites or any content on the Websites without our express written consent;
– Use any device, software, process or means to interfere or attempt to interfere with the proper working of the Websites;
– Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
– Use or index any content or data on the Websites for purposes of competing with us in any manner that we have not specifically authorised;
– Transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
– Violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
– Pose as any person or entity or attempt to solicit money, passwords or Personal Information from any person;
– Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the websites or any content on the websites, except as expressly authorised by us;
– Transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature;
– Use the Websites or any content from the Websites in any manner which is in our opinion not reasonable and/or not for the purpose it is made available; or
– Act in breach of any term or condition of use or other condition imposed by us or any law.
We reserve the right to exercise whatever means we consider necessary to prevent unauthorised access to or use of the Websites, including instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority.
You may report any suspected violation of these Terms to us by using the following email link [email protected] We will investigate the matters and take any actions we consider appropriate.
Third Party Content
The Websites may contain Third Party Content.
We do not control and are not responsible for Third Party Content and you bear all risks associated with your access to and use of Third Party Content.
Any Third Party Content made accessible by us is provided on an ‘as-is’ and ‘as available’ basis without any warranty of any kind. Third Party Content may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and we are not responsible for and under no obligation to control, monitor or correct Third Party Content. We do not have a practice of monitoring or making inquiries about Third Party Content, do not endorse and make no express or implied representations concerning Third Party Content.
We reserve the right to take remedial action if any such content violates applicable restrictions under these Terms, including the removal of, or disablement of access to, such content.
The owner, author or provider of such Third Party Content retains all rights in and to that content, and your rights to use such Third Party Content are subject to and governed by the terms applicable to such content as specified by such owner, author or provider.
Except as otherwise required by law:
– The Websites are provided ‘as is’ and ‘as available’ without any express or implied warranty;
– We make no representations and give no warranties in respect of the Website Information including that such information is reliable, accurate, suitable for your purposes or without errors, omissions or viruses;
– We make no representations and give no warranties in respect of the means of accessing any Website Information, including software operating in connection with the Websites; and
– We make no representations and give no warranties in respect of, and accept no responsibility for, any websites operated or controlled by anyone other than us which are or may become linked or framed to or from the Websites.
– We do not guarantee continuous, uninterrupted or secure access to the Websites.
You acknowledge that access and use of the Websites (including the software operating in connection with the Websites) may be interfered with by numerous factors outside of our control.
We cannot ensure that any files you download from the Websites will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.
We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your customers) in relation to your use of the Websites.
Limitation of Liability
You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) in tort (including negligence) or otherwise arising out of, or in connection, with the use of the Websites, your reliance on anything contained in or omitted from the Websites, being unable to access the Websites for any reason (including our negligence) or the failure of the Websites for whatever reason (including our negligence).
Subject to the terms set out below under the heading ‘Australian Consumer Law’ and to the maximum extent permitted by law, our maximum liability for all claims related to the Websites and your use of the Websites will be the lesser of an amount not exceeding the amount paid by you to us in the 12 month period preceding your claim and $5,000. This limit applies collectively to us and our related entities, directors, officers and agents. We will not be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances. You agree not to bring legal action or make a claim arising out of or related to your account, or any services you use, more than two years after the cause of action arose.
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (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.
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.
These Terms are governed by the laws of Victoria, Australia.