Terms and Conditions
1. About this website
The website is owned and operated by InsideTrak Pty Ltd under the domain name insidetrak.com.au.
Your use of the information, graphics, text, software and materials (Content) on the insidetrak.com.au website is governed by these Terms of Use and our Privacy Statement. By using the insidetrak.com.au website, you agree to be bound by these Terms of Use.
2. Links to other websites
The insidetrak.com.au website may contain links to third party websites. We do not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.
3. Information available on the insidetrak.com.au website
The insidetrak.com.au website provides general information only. Some parts of the insidetrak.com.au website’s content is provided by third parties or other users of the insidetrak.com.au website.
While InsideTrak Pty Ltd has taken reasonable steps to ensure the information provided on this website is accurate and up to date, InsideTrak Pty Ltd does not warrant the reliability, accuracy, correctness or completeness of any of the information or services provided on the insidetrak.com.au website. Users of the insidetrak.com.au website must rely solely on their own assessments and verification of its contents.
4. Availability of the insidetrak.com.au website
As electronic services are subject to interruption or breakdown, access to the insidetrak.com.au website is offered on an “as is” and “as available” basis.
We do not guarantee that access to the insidetrak.com.au website will function as intended or be uninterrupted.
We do not represent or warrant that the material available (‘Content’) on the insidetrak.com.au website, or the facilities that make it available, will not cause damage or are free from any computer virus or any other defects or errors.
We may withdraw the insidetrak.com.au website at any time and without notice to you. We may limit or restrict the use you make of the insidetrak.com.au website.
All Content is provided without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice.
5. Purchases and other terms
5.1 Additional terms
In addition to these Terms of Use, other terms of use or conditions may apply to your use of specific parts of the insidetrak.com.au website. By using these parts of the insidetrak.com.au website, you also agree to be bound by these additional terms.
Additional terms and conditions may apply to your purchases of products or services from the InsideTrak Pty Ltd website. By purchasing the product or service, you agree to be bound by these additional terms.
If there is a conflict between these Terms of Use and the terms applicable to a specific part of the insidetrak.com.au website or for any product or service offered through the insidetrak.com.au website, the latter terms will prevail with respect to your use of that part of the insidetrak.com.au website or the specific product or service.
5.2 InsideTrak Pty Ltd’s products and services
InsideTrak Pty Ltd’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the insidetrak.com.au website alters such agreements.
InsideTrak Pty Ltd may make changes to any products or services offered on the InsideTrak Pty Ltd website, or to the prices for those products or services, at any time, without notice. Content on the insidetrak.com.au website relating to products and services may be out of date, and InsideTrak Pty Ltd makes no commitment to update such Content.
6. Your use of the insidetrak.com.au website
6.1 No lifting of Content
You must not use any robot, spider, screen scraper, data aggregation tools, deep-link or other automatic or manual process to access, monitor, copy or extract any part of the insidetrak.com.au website or any Content; or to in any way reproduce or circumvent the navigational structure or presentation of the insidetrak.com.au website or any Content; or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the insidetrak.com.au website.
6.2 No hacking
You must not attempt to gain unauthorized access to any part of the insidetrak.com.au website, or any other systems or networks connected to the insidetrak.com.au website, or to any InsideTrak Pty Ltd server, or to any of the products or services offered through the insidetrak.com.au website, by hacking, password “mining” or any other illegitimate means.
You must not probe, scan or test the vulnerability of the insidetrak.com.au website or any network connected to the insidetrak.com.au website. You must not breach the security or authentication measures on the insidetrak.com.au website or any network connected to the insidetrak.com.au website.
6.3 No interference or overloading
You must not interfere or attempt to interfere with the proper working of the insidetrak.com.au website or any transaction being conducted on the insidetrak.com.au website, or with any other person’s use of the insidetrak.com.au website.
You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the insidetrak.com.au website or InsideTrak Pty Ltd’s systems or networks, or any systems or networks connected to the insidetrak.com.au website or to InsideTrak Pty Ltd.
6.4 Your content
To the extent that you provide or otherwise upload information, including, without limitation, comments, opinions, software, photos, video, text, graphics, music, sounds, questions, ideas, notes, drawings, articles, job advertisements or other materials onto the Website, Content may be publicly available to all users of the Website.
Content forms part of the Material on the Website and InsideTrak Pty Ltd accepts no responsibility for third party use of Content.
(a) You agree you will not:
(1) upload, email or otherwise transmit Content which is illegal, harmful, threatening, abusive, offensive or otherwise objectionable, to be determined in the absolute discretion of InsideTrak Pty Ltd from time to time;
(2) impersonate any person or entity; or
(3) upload, email or otherwise transmit spam or any form of commercial solicitation, except in those sections of the Website designated for such purpose, if any.
(b) InsideTrak Pty Ltd retains the right to review, edit, or remove from the Website any Content, in whole or in part, at any time and without notice to you if the Content breaches any of these terms of use.
(c) Content must not be illegal, misleading or deceptive, offensive, discriminatory, defamatory, pornographic or of any other category determined to be inappropriate by InsideTrak Pty Ltd. You must own all intellectual property rights in and be permitted to upload Content to the Website.
(d) Subject to our Website Privacy Policy, by uploading Content to the Website, you grant InsideTrak Pty Ltd a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, license to use, republish and modify the Content, including the right to sub-licence the Content, in connection with the services or activities of InsideTrak Pty Ltd.
(e) You acknowledge that InsideTrak Pty Ltd, by enabling you and other Website users to upload Content, merely facilitates the distribution of Content and does not undertake any obligation or liability in respect of any Content or any other Website users content.
(f) You indemnify InsideTrak Pty Ltd and InsideTrak Pty Ltd’s officers, employees and agents in respect of any liability suffered or incurred by them for any loss, cost, damage, or expense as a result of your breach of this section 6.4.
6.5 No unlawful use
You must not use the insidetrak.com.au website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of InsideTrak Pty Ltd or others.
You must not either through any act or omissions mislead or deceive others.
6.6 Termination and suspension
InsideTrak Pty Ltd reserves the right to terminate or suspend your access to the insidetrak.com.au website at any time if you breach these terms of use.
7. Intellectual property rights
7.1 Our Content
All intellectual property rights in the Content is owned or licensed by InsideTrak Pty Ltd.
InsideTrak Pty Ltd grants you a limited, revocable, non-sub licensable licence to view the Content solely for your personal use in connection with using the insidetrak.com.au website.
Except where necessary for viewing the Content on the insidetrak.com.au website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, you must not reproduce, modify, translate, publish, upload to a third party, link to, frame, perform in public, distribute or transmit any of the Content in any form by any process without InsideTrak Pty Ltd’s specific prior written consent.
7.2 Proprietary marks
"InsideTrak", and all associated trade marks, are trade marks of InsideTrak Pty Ltd.
You must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the insidetrak.com.au website.
8. Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, InsideTrak Pty Ltd and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the InsideTrak Pty Ltd website, to any material on linked websites, or to your access or use of the InsideTrak Pty Ltd website, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.
Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible, at our option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.
9. Indemnity
You indemnify InsideTrak Pty Ltd in respect of any liability, loss, damage, cost or expense suffered or incurred us arising from or in connection with your breach of these Terms of Use or your use of the insidetrak.com.au website.
10. Linking to the insidetrak.com.au website
Please contact InsideTrak Pty Ltd if you would like to place a link to any part of the insidetrak.com.au website.
11. Acceptance and changes to these Terms of Use
Your use of the insidetrak.com.au website constitutes your acceptance of these Terms of Use.
These are the current Terms of Use. They replace any other terms of use for the insidetrak.com.au website published on the insidetrak.com.au website to date.
InsideTrak Pty Ltd may at any time vary the Terms of Use by publishing the varied Terms of Use on the insidetrak.com.au website, and posting a notice of the change on the insidetrak.com.au website homepage. The new Terms of Use will apply to your use of the insidetrak.com.au website after the date that we post the change on the insidetrak.com.au website.
If you do not agree with the change, then you must alter or cease your use of the insidetrak.com.au website accordingly.
We may at any time vary the Terms of Use by publishing the varied Terms of Use on the insidetrak.com.au website. You accept that by doing this, we have provided you with sufficient notice of the variation.
12. Jurisdiction
The law applicable to the insidetrak.com.au website and to disputes arising from or in connection with the insidetrak.com.au website is the law of the State of Western Australia, Australia.
You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.
13. Definitions
The meanings of the terms used in this document are set out below:
InsideTrak Pty Ltd, our, us or we means InsideTrak Pty Ltd (ABN 155 250 534).
Content means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of the insidetrak.com.au website.
Terms of Use means these Website Terms of Use.
you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities’ officers, employees, members and agents.