Terms of Use

TERMS AND CONDITIONS

Legal contract

1. In downloading the TRACKET software application (App) and clicking “AGREE”, you are entering into a legally binding contract with Tracket Pty Ltd (ABN 79 867 902 280) (Tracket, We or Us).
2. The terms of this contract are set out in these terms and conditions (T&Cs).
3. Your use of the (App) and the Tracket database accessed through the App (Database) is subject to these T&Cs.

Uploading to the Database

4. You may upload data and documents to the Database through the App for the purpose of keeping records relating to watercraft.
5. We may impose reasonable restrictions on the storage capacity made available to you and the file types that you may upload. We are not required to impose the same restrictions on all users.
6. As between you and Us, you remain the owner of all data and documents that you upload.
7. You must not upload any data or document that:
   • infringes third party copyright;
   • is not related to watercraft that you own, control or operate;
   • is in any way defamatory, offensive or illegal; or
   • that contains any malware, spyware or other executable code.

Your data and documents on the Database

8. You may use in-App functions to:
   • delete your data and documents from the Database; and
   • share your data and documents with third parties.
9. In collecting, using and disclosing your data and documents, We will comply with our privacy policy at www.tracket.com.au.
10. You are responsible for keeping your login and password to the Database and App safe and changing your password if you believe that it has been compromised.
11. We will not delete your data or documents from the Database unless:
    • We reasonably believe that they breach the prohibitions in clause 7;
    • you have exceeded your allocated storage volume and We have given you reasonable notice to reduce the volume of stored materials;
    • you cancel your account or delete the App.

Features and payment

12. We may add, remove or alter features within the App and Database without notice to you, except that we will always allow you reasonable time to export your data and documents from the Database.
13. We may from time to time make certain features of the App and Database available to premium or paid users of the App and Database only.

Termination

14. We may cease operating the Database and App in our discretion. If We cease their operation, we will give you notice to download your data and documents.
15. We may suspend or terminate your access to the App and Database without notice if we reasonably believe that you have materially breached these T&Cs, or through your conduct threaten the orderly and effective operation of the Database.

Legals

16. These T&Cs are governed by the laws of Victoria, Australia. You agree to the non-exclusive jurisdiction of the courts of Victoria, Australia and the federal courts of Australia in hearing any dispute relating to your use of the App and Database.
17. We do not warrant that the Database will be available 100% of the time. The Database may be unavailable for reasonable maintenance purposes.  We will use reasonable efforts to post scheduled maintenance unavailability times in the App.
18. You must indemnify us and keep us safe against any cost, expense or liability arising out of claims by third parties that the data and documents you have uploaded to the Database infringes third party intellectual property rights, is defamatory, offensive or illegal.
19. We may unilaterally amend these T&Cs by posting a notice on the App. If you do not agree to those amendments, you may download your data and documents from the Database and close your account.