TaskTrakz Terms of Service

IMPORTANT: PLEASE READ THIS AGREEMENT

These Terms of Service are a legal agreement between You (as an individual or a single legal entity) and Clarios Technology Pty. Ltd. to use the Service. By using the Service You agree to be bound by these Terms of Service irrevocably. If You do not agree to these Terms of Service, You may not use the Service. These Terms of Service are also applicable to free trials of the Service.

  1. Definitions
    1. Clarios Technology means Clarios Technology Pty. Ltd. (ABN 88 154 849 108).
    2. We, Us or Our means Clarios Technology.
    3. You or Your means you personally and/or the company or other legal entity for which You are accepting this agreement and affiliates of that entity. If You hold an account this also includes any User of the software associated with Your account.
    4. Website means the web site accessible from the address tasktrakz.com or tasktrakz.appspot.com
    5. Service means the Website, and any other products, services (such as support), tools, resources or associated materials (for example, documentation) provided to You in connection with the Website by Us, including any updates, enhancements or new features provided by Us.
    6. User means a person authorised by You to use the Service who can log in under Your account, including Yourself.
    7. Embedded Software means any third party software licensed by Clarios Technology from a third party and embedded in the Service.
    8. Terms of Service means this terms of service agreement including any schedules and any amendments in writing.
    9. Fees means all fees and expenses payable by You to Us for using the Service and as applicable for any maintenance, support, training or any other purpose.
    10. Intellectual Property Rights means all rights in copyright, circuit layout, designs, trademarks, patents and all other rights in intellectual property.
  2. Service
    1. Users must be at least 18 years old, or of legal age in Your jurisdiction, whichever is greater, to use the Service.
    2. We may send You service announcements, administrative messages and other information in connection with Your use of the Service. You grant Us permission to send such messages.
    3. You may not be able to opt out of receiving certain communications from Us regarding the Service, such as administrative messages.
    4. You may not use the Service for any illegal purpose, or use the Service to promote or provide instructional information about any illegal purpose. You must not, in the use of the Service, violate any laws or regulations in Your jurisdiction or Australia (including but not limited to copyright laws and export control laws)
    5. You must only use the Service through the interface provided by Clarios Technology.
    6. You agree not to modify, adapt, translate or create derivative works of the Service.
    7. You agree not to reverse engineer, disassemble, or otherwise attempt to obtain the source code of the Service.
    8. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that enforce limitations on use of the Service.
    9. The Service is offered only via the internet (world wide web). You assume all risks and all costs associated with accessing the Service, including without limitation any internet access fees, and costs incurred for the use of Your computing device and peripherals.
    10. The Service has not been designed for and should not be used for aerospace, medical or other life critical applications.
  3. Accounts
    1. Accounts must be registered by a human. Accounts registered by automated methods are not permitted.
    2. All details provided during account creation must be current, accurate and complete, including providing Your full legal name. You agree to maintain and update Your details to ensure that it remains current, accurate and complete.
    3. We do not have an obligation to verify Your account details, however if We suspect that Your account details are inaccurate, incomplete or out of date, We reserve the right to suspend or terminate Your account.
    4. Each User login may only be used by a single person. You can create User logins from Your account management page.
    5. You are responsible for maintaining the security of Your account and password. You should log out of Your account at the end of Your session. We are not be liable for any loss or damage from Your failure to comply with this security obligation.
    6. You must immediately notify Us of any unauthorized use of Your account, or other breach of security.
    7. You are responsible for all content and User conduct that occurs under Your account, even when such content or conduct is made by a different User login under Your account.
    8. You must not upload, post, host or transmit unsolicited email, SMSs or "spam" messages to, using or in connection with the Service.
    9. You must not transmit any worms or viruses or any code that interrupts, destroys or limits the functionality of computer software, hardware or telecommunications equipment to, using or in connection with the Service.
    10. You must not forge headers or otherwise manipulate content to disguise the origin of the content.
    11. The Service is subject to usage limitations, for example number of users and storage space. Usage limitations are the combination of those displayed on the plans page at http://tasktrakz.com/plans and those contained in these Terms of Sevice. We may suspend Your account if Your usage limits are exceeded.
  4. Fees
    1. The free trial is for a duration of 14 days. The free trial terminates on the end of the 14th day after it starts, or immediately when the account is upgraded to a paid account. Free trial accounts are limited to a maximum of 20 users and 10 MB of storage.
    2. All Fees must be paid in advance. There are no refunds for partial usage of a pre-paid period, upgrades or downgrades.
    3. Unused account limits are not accrued.
    4. Your Fees are payable using a PayPal subscription. Please refer to PayPal for terms and conditions of PayPal payments.
    5. If Fees are not paid, Your account may be suspended or terminated.
    6. Unless otherwise stated in writing, all Fees are in Australian dollars and are exclusive of taxes, levies or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes. If You are an Australian resident, We will collect Goods and Services Tax (GST) at the time of purchase, all displayed prices are GST exclusive.
    7. For any upgrade in plan level, the difference between the current plan and the upgraded plan for the remaining time in the current period is due and payable immediately, as displayed when upgrading Your account.
    8. For any downgrade in plan level, the downgrade will take effect at the start of the next billing period. There are no refunds for the current billing period. Downgrading Your plan may result in the loss of content, features or capacity of Your account. We do not accept any liability for such loss.
    9. You agree that Your purchases are neither contingent on the delivery of any future functionality or features nor dependant on any oral or written comments, whether private or public, regarding future functionality or features.
  5. Changes to the Service
    1. We reserve the right at any time and from time to time to modify or discontinue temporarily or permanently the Service or any part thereof without notice.
    2. Changes to the Service are also governed by these Terms of Service.
    3. Continued use of the Service after changes to the Service shall constitute Your consent to the changes.
    4. Prices of the Service are subject to change upon 30 days notice from Us. Notice may be provided by posting the changes to the plans section of the Website http://tasktrakz.com/plans.
    5. We shall not be liable to You or any third party for any modification, price change, suspension or discontinuation of the Service.
  6. Cancellation, Termination and Suspension
    1. You are responsible for cancelling Your account. An email, phone or any other request is not considered cancellation. The only way to cancel Your account is to click the Cancel Account link on Your account management page.
    2. All of Your content may be immediately deleted from the Service upon cancellation. This content and other information may not be able to be recovered once Your account is cancelled.
    3. If You cancel Your account before the end of Your currently paid billing period, the cancellation will take effect at the end of the pre paid period, and no money will be refunded for the pre paid billing period.
    4. We, in Our sole discretion, have the right to suspend or terminate Your account and refuse any and all current or future use of the Service, or any of Our other products or services, for any reason at any time. Such termination of the Service may result in the immediate deletion of Your account, and the immediate deletion of all content in Your account. We reserve the right to refuse access to the Service to anyone for any reason at any time.
    5. Subject to clause 6.6, on termination or cancellation, all rights granted to You under these Terms of Service will cease immediately.
    6. Following the termination of these Terms of Service, We and You agree that the provisions set out in clauses 2, 3.8, 3.9, 3.10, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 will continue to be binding.
  7. Embedded Software
    1. You acknowledge that the Service contains Embedded Software and that in addition to the obligations of these Terms of Service, additional obligations may apply in relation to any use of Embedded Software by You which is not in accordance with the use of the Service as permitted under these Terms of Service. In such circumstances You must consult the relevant third party to acquire any necessary licenses and consents in relation to Your use of that Embedded Software.
    2. You acknowledge and agree that if You breach these Terms of Service and We or any third party owner of Embedded Software suffers any loss, damage or expense directly or indirectly in connection with the breach, We or the relevant third party owner of the Embedded Software may bring an action directly against You.
  8. Intellectual Property
    1. All content posted on the Service must comply with Australian copyright law.
    2. We claim no Intellectual Property rights over the content You post to the Service. Your content remains Yours.
    3. When You post content to the Service, You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Content You submit. Furthermore, You give Us (and relevant third parties) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights You grant in this license are for the limited purpose of operating, promoting and improving the Service, Our other products and services, and to develop new products and services. This license continues even if You stop using the Service.
    4. If You provide any suggestions, ideas, enhancement requests, recommendations or feedback about the Service to Us, You grant Us a worldwide, royalty-free, irrevocable, perpetual license to use and incorporate into any products or services the suggestions, ideas, enhancement requests, recommendations or feedback provided by You.
    5. We do not generally review content, but We have the right (but not the obligation) in Our sole discretion to refuse or remove any content that is available via the Service.
    6. We or relevant third parties own the title, copyright, and all other Intellectual Property Rights relating to the Service. These rights are protected by intellectual property legislation in Australia and other jurisdictions and by international treaty provisions. We and Our suppliers retain all rights in the Service that are not expressly granted to You through these Terms of Service. All software provided as part of the Service is licensed, not sold and You do not acquire any rights of ownership in the software or Service. The Service is copyright © 2012-2013 Clarios Technology Pty Ltd. All rights reserved. We give You a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use any software provided to You by Us as part of the Service. This license is for the sole purpose of enabling You to use the Service in the manner permitted by these Terms Of Service. You may not duplicate, copy, or reuse any portion of the Service, including HTML/CSS/Javascript elements without express written permission from Clarios Technology. You may not use any branding or logos used by the Service without express written permission from Clarios Technology. You may not remove, obscure or alter any legal notices displayed with in the Service, including but not limited to any copyright markings (This applies to Our notices as well as those of third parties.)
    7. You agree to indemnify and hold harmless Us and Our directors, officers, affiliates, agents, suppliers, employees and partners against all costs, expenses, losses and claims made against Us and/or Our directors, officers, affiliates, agents, suppliers, employees and partners as a result of any infringement of a third party's Intellectual Property Rights arising from Your modification to the Service or combination of the Service with anything else by You.
    8. You agree to indemnify and hold harmless Us and Our directors, officers, affiliates, agents, suppliers, employees and partners against all costs, expenses, losses and claims made against Us and/or Our directors, officers, affiliates, agents, suppliers, employees and partners as a result of any infringement of a third party's Intellectual Property Rights arising from or in connection with Your use of the Service.
    9. Content posted by other users remains the other users content, and You gain no Intellectual Property interest in that content. You may not use other parties Intellectual Property unless You obtain permission from it's owner or are otherwise permitted by law.
  9. Privacy
    1. Our privacy policy explains how We treat Your personal data and protect Your privacy when You are using the Service. You can view Our privacy policy at http://tasktrakz.com/privacy. You agree to be bound by Our privacy policy.
  10. Your Obligations
    1. If You are accepting this agreement on behalf of a company or other legal entity, You warrant that You have the required legal authority to do so.
    2. You warrant that You have not relied upon any representation made by Us or Our directors, officers, affiliates, agents, suppliers, employees and partners other than these Terms of Service
    3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or access to the Service, without Our express written permission
    4. You acknowledge that You have no Intellectual Property Rights in the Service.
    5. You acknowledge that We give no guarantees as to the accuracy of the Service, or that it is free from error, or of its availability.
    6. You must not directly or indirectly access or use any Embedded Software independently of the rest of the Service.
    7. You are responsible for checking all output of the Service for accuracy and completeness before relying on it for any purpose, and that You assume all risks from Your failure to do so.
    8. If You discover that You have breached any of Your obligations under these Terms of Service You must immediately report the breach to Us in writing.
    9. Where a breach involves the use of the Service outside of the terms of this agreement, We will be entitled, in addition to any other right or claim against You, to retroactively charge You, in addition to any other Fees payable to Us, a fee calculated based on the number of prohibited uses multiplied by the respective list prices that We charge for the Service.
    10. You must comply with all applicable export control laws and regulations. You are solely responsible for determining the existence and application of all export laws to any proposed export and for obtaining any required authorization. You agree not to export the Service from any country in violation of applicable legal restrictions of such export.
    11. You must not upload, post or transmit content to the Service that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obsecene, invasive of anothers privacy or otherwise objectionable or violates any parties Intellectual Property Rights or the Terms of Service.
    12. You must not use the Service to stalk or harass another person.
    13. You agree to hold harmless and indemnify Us and Our directors, officers, affiliates, agents, suppliers, employees and partners from and against any third party claim arising from or in any way related to Your use of or inability to use the Service and materials including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorney's fees, of every kind and nature.
  11. Exclusion of warranties
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTY FOR THE SERVICE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES AS TO MERCHANTABILITY AND FITNESS FOR PURPOSE, AND THE SERVICE, AND ANY RELATED SOFTWARE OR DOCUMENTATION ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, AVAILABILITY OR NON-INFRINGEMENT.
    2. You may have remedies against Us imposed by law or statute which cannot be excluded by Us and Our third party suppliers. To the extent that You have such legal remedies against Us or Our third party suppliers then to the fullest extent permitted by law Our and Our third party suppliers' liability is limited to at Our discretion to refund the amount actually paid by You to Us for the Service.
  12. Limitation of Liability
    1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL INDIRECT OR CONSEQUENCIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF PRIVACY, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
    2. To the maximum extent permitted by applicable law, in the event of any damages incurred by You for any reason whatsoever, Our entire liability and Your exclusive remedy shall be limited to the amount You actually paid to Us for the Service.
  13. Dispute Resolution
    1. In the event of a dispute between You and Us arising out of or relating to these Terms of Service, or the breach, termination, validity or subject matter thereof, or as to any related claim in restitution or at law, in equity or pursuant to any statute, We and You expressly agree to negotiate with the other in good faith and to take all steps necessary to attempt to resolve the dispute.
  14. General Provisions
    1. While We prohibit certain conduct and content on the Service, You understand and agree that We have no obligation to review content posted on the Service, or to moderate user conduct and We are not responsible for the content or conduct of users on this Service and You may be exposed to such conduct or content. You agree to use the Service at Your own risk.
    2. We may, but have no obligation to, remove content and accounts containing content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obsecene, invasive of anothers privacy or otherwise objectionable or violates any parties Intellectual Property Rights or the Terms of Service.
    3. Technical support is only provided to paying account holders and is only available via email.
    4. Your use of the Service is at Your sole risk. The Service is provided on an "as is" and "as available" basis.
    5. You understand that We use third party vendors and hosting providers to provide the necessary hardware, software, networking, storage and related technology required to run the Service.
    6. You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    7. You acknowledge and agree that We may disclose Your content and data if required to do so by law.
    8. You acknowledge and agree that We may access, read, modify, preserve or disclose Your content and data if We believe in good faith that it is necessary to enforce this agreement, detect, prevent or address fraud, security issues or technical issues, respond to support requests, protect rights, property and safety of Us, Our users or the public, or if required by law.
    9. If Your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Us) of other customers, We reserve the right to immediately disable Your account or throttle Your bandwidth until You can reduce Your bandwidth consumption.
    10. We provide the Service, including related software and technology, for government use solely in accordance with the following: Government technical data and software rights related to the Service include only those rights customarily provided to the public as defined in this agreement. Any other government use must be negotiated with Us and will be covered by a separately negotiated contract or addendum.
    11. This agreement shall be governed by the laws of the state of New South Wales, Australia and any claim arising out of this agreement will be heard in New South Wales, Australia and We and You irrevocably and unconditionally submit to the exclusive jurisdiction of those courts.
    12. If You are Our direct competitor, You may not create an account or otherwise use the Service.
    13. You may not access the Service for purposes of monitoring availablity, performance or functionality, or for any other benchmarking or competitive purposes.
    14. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms of Service.
    15. Nothing in these Terms of Service will constitute or be deemed to constitute a partnership, joint venture or agency between You and Us.
    16. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.
    17. The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
    18. We reserve the right to update and change the Terms of Service from time to time without notice. You can view the current Terms of Service at http://tasktrakz.com/terms.
    19. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    20. If any provision of these Terms of Service is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
    21. These Terms of Service constitute the entire terms of the agreement between You and Us relating to the Service. This agreement supersedes all prior oral and written communications, proposals and representations regarding the Service or any other matter covered by these Terms of Service.