Terms of Service

Last updated: 11/09/2024

This website & the Allotrac.io Platform are owned and operated by Allotrac Services Pty Ltd (ACN 603 228 164). By accessing and/or using the Allotrac.io Platform, you agree to these Terms and Conditions, and Associated Policies.

You should review these Terms and the associated Associated Policies carefully and immediately cease using our Platform if you do not agree to these Terms.

01. Definitions

• 'Terms' refers to the Terms and Conditions
• 'Associated Policies' refers to:
  • Privacy Policy (available at https://allotrac.io/privacy-policy);
  • Fair Use Policy (available at https://allotrac.io/fair-use-policy);
  • Code of Conduct (available at https://allotrac.io/code-of-conduct).
  • Cookie Policy (available at https://allotrac.io/cookie-policy).
  • Data Policy (available at https://allotrac.io/data-policy).
  • Third Party Provider Policies (available at https://allotrac.io/third-party-provider-policy);
• 'us', 'we' and 'our' means Allotrac Services Pty Ltd.
• 'you' means you, the entity agreeing to this agreement.
• 'Allotrac' and 'Allotrac.io' refer to:
  • All websites, applications and services hosted under the allotrac.io domain
  • All websites, applications and services hosted under any allotrac.io subdomains or CNAMEs
  • All associated mobile & installed Applications managed under the Allotrac.io brand
• 'Platform' refers to:
  • All third-party embedded services which comprise the functionality of Allotrac.io
  • All associated data hosted within the Allotrac System
  • All services, functionality and applications within Allotrac.io
• 'Purchase' or 'Purchases' refers to:
  • Once off transactions between
• 'Services' refers to:
  • Access to the Platform
  • Any technical support services provided by Allotrac Services Pty Ltd
  • Any additional professional services provided by Allotrac Services Pty Ltd

02. Registration

You must be a registered member to access the Allotrac.io Platform.

When you register and activate your account, you may provide us with personal information such as your name and email address, telephone number and identifying documents. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, you will either provide or be generated a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

• at least 18 years of age;
• possess the legal right and ability to enter into a legally binding agreement with us; and
• agree and warrant to use the website in accordance with these Terms.

03. Collection Notice

We collect personal information about you in order to provide you with validated and authenticated access to the Allotrac.io Platform, operate Services with relation to identity verification, operate Services with relation to providing compliance overview, and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our Services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you.

We may also disclose your personal information to recipients that are located outside of Australia, including to information technology suppliers located in the United States of America and European Union.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at helpdesk@allotrac.com.au.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

04. Accuracy, completeness and timeliness of information

The information on our Platform is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Platform or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms or Associated Policies) or the information, products or Services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

05. Promotions and competitions

For certain campaigns, promotions or contests, additional Terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant Terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such Terms and conditions and these Terms, those Terms and conditions will prevail.

06. Purchases and Subscriptions

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

Purchases or subscriptions to Allotrac.io licenses will be conducted in accordance with the Stripe Services Agreement (See the third party provider policies document for more information).

By Purchasing a subscription or any other Services through Allotrac.io, you agree to provide accurate and complete payment information. All fees are due and payable in advance at the start of each billing cycle unless otherwise specified. Subscription fees and other charges are non-refundable except as required by law. You acknowledge that pricing, features, and availability of the Services offered may change at any time without notice, and it is your responsibility to review and understand these Terms before completing a Purchase. Your subscription will automatically renew at the end of each billing cycle unless you cancel prior to the renewal date. By continuing your subscription, you authorize Allotrac.io to charge your designated payment method for any applicable fees, including taxes and other charges that may arise in connection with your use of the Service.

In case of failure to process your payment, Allotrac.io reserves the right to suspend or terminate your access to the Services. You are responsible for any fees associated with your use of third-party Services integrated into Allotrac.io. All Purchases and subscriptions are governed by applicable tax laws and any refunds will be processed in accordance with those laws.

07. Linked resources

Our Platform may contain links to websites or media (Links) operated by third parties. Those Links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those Links and have no control over or rights in those Links.

08. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Platform and in all of the material (including all text, graphics, logos, audio and software) made available on the Platform (Content).

Your use of the Platform and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Platform or the Content. However we do grant you a licence to access the Platform and view the Content on the Terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this Platform, the Content or any part of it is prohibited, except to the extent permitted by law.

09. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Platform, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
• using the Platform to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to the Platform any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
• using the Platform to engage in any behaviour which contravenes the Code of Conduct.

If we allow you to post any information to our Platform, we have the right to take down this information at our sole discretion and without notice.

10. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

11. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

12. Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of New South Wales, Australia; and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

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