Terms of Use

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This Terms of Use Agreement (“Agreement”) shall be the document governing your use of the website, applications (app) of Entrytrakr (“Service Provider”) and any products and Services which can be found on the same (“Site”). In this Agreement when we refer to “we”, “us”, or “our”, we mean Entrytrakr. In this Agreement when we refer to "you", "user" and "your", we mean the individual, business or organisation using our website and Services. By using the Service Provider's website or Services, you hereby expressly agree to be automatically bound by this Agreement.

With this, you are hereby highly encouraged to carefully read this Agreement before commencing or continuing with any use of the Service Provider's website and Services. If you disagree in any manner with this Agreement, you should first pause any use of the Site until such a time when you have finally consented or agreed with its respective terms. During your use of the Site, you may eventually decide and avail of one of the many dynamic Services which the Service Provider offers in order to help businesses track their visitors/customers.

The Service Provider hereby reserves the right to amend this Agreement as it sees fit, without the need of sending any particular notification in order to effect any changes. You agree that you are solely responsible for making sure that you are updated with any changes to this Agreement. Further, you also acknowledge that your continued use of the Site after any amendments to this Agreement shall constitute your express acceptance of any changes to this Agreement.

1. SERVICES DEFINITION

The Service Provider offers suitable solutions for all types of businesses, newly formed and already established on the market, who may need more advanced solutions for their visitor, employee or customer tracking (“Services”).

The description, Service fees, and/or subscription packages for each of the Service Provider’s Services may be further described in the products pages and other pages of the Site of the Service Provider, or any specific written Agreement which you may sign with the Service Provider. If you inquire or avail of a particular package or Service, you hereby agree to provide truthful and relevant information so that the Service Provider would be able to properly assess the needs of your business, and which package or Services to recommend.

2. SERVICE FEES AND TERM

You hereby agree that you will pay for any fees or any subscription packages of the Service Provider which you have availed of in writing. The duration of Services shall begin on the agreed upon commencement date, and where you have availed of a particular subscription, the said subscription shall automatically renew on a month to month basis for monthly packages, on an annual basis for an annual package, and so on and so forth unless written termination is given 14 days prior to the end of the said subscription package.

Unless otherwise agreed upon elsewhere in writing, the monthly cost per month (subscription) will be AUD $69 + taxes (GST etc) per location/site (i.e. if the organisation/business has multiple locations - the fee applies to each location; however at a single location the web app can be used on multiple devices at that location). This monthly fee will provide full access to all features.

Discounts/free trial periods may be applied for larger organisations and/or used for marketing campaigns & promotions, at the sole discretion of the Service Provider. These may be in the form of a percentage off the monthly cost or a free trial period.

You agree that all fees should be received by the Service Provider on a net basis, and that you are responsible for shouldering any payment facility fees, taxes, interests, or any other charges, whether international or local. If the Service Provider makes a mistake in terms of the amount which it billed or charged you, the Service Provider reserves all rights to make additional charges on account of taxes, payment facility charges, or any other charges which it will need to collect in order to ensure that the Service Provider receives the indicated subscription fee without any deductions.

3. MODIFICATION OF PRICING AND BILLING TERMS

The Service Provider hereby reserves the right to enforce new Services, fees, subscription prices, change or alter the fees of its Services, and terminate trial periods. In such an event, you hereby agree to pay all required charges, including payment facility charges, taxes, and other charges as a consequence of such changes in prices. For any subscription, the changes shall be immediately effective upon the next billing cycle.

Payment and Collection of Credit Card Information

By using the Site, you agree that you may be required to make payments either to the Site, other users, or third-party payment facilities installed by the Site, whether directly, indirectly, or on an escrow basis. You hereby absolutely agree that the Site may collect any and all personal information, Credit Card Information, or any information which is relevant to enable you to potentially or actually make payments to the Site, the Service Provider, or any third-party payment gateways or facilities installed by the Site. You also hereby absolutely agree to allow the Site to charge and collect payments from you, and/or from any other alternative particular payment method you provided, or on the basis of the payment information you provided, whether directly, indirectly, or on an escrow basis.

You agree that any payments charged by the Site, the Service Provider, or third-party payment facilities on you are absolutely non-refundable in nature – however, in its sole discretion, the Site, the Service Provider, or third-party payment facilities may return any payments you made in their sole discretion.

4. TERMINATION

You agree that the Service Provider may terminate the Service or subscription you choose, or restrict your access to its Services at any time in its sole discretion, without the need for any prior notice to you. This means that the Service Provider may also disable your registered accounts with the Services, especially for cases where you violated any law or this Agreement, or for any false information which you may have provided either when you signed up to the site, when you applied for a subscription, or in your payment details. In the event of a termination, you agree that your fees are non-refundable, but the Service Provider may decide, in its sole discretion, to refund a prorated portion of what you paid prior to termination.

5. DISCLAIMER OF WARRANTY

The Service Provider, its officers, shareholders, directors, employees, agents, affiliates, and third-party providers do not guarantee nor make any representations or warranties with respect to the availability, timeliness, completeness, or accuracy of its Services, or any information related to the Services, whether contained in the Site or not. The Services of the Service Provider are thereby provided on an “as is” basis.

Neither does the Service Provider make any warranties of any kind, whether expressly or impliedly, including but not limited to warranties of fitness for a particular purpose, accuracy, quality, and merchantability. Unless expressly stated in this agreement, no oral or written information or advice which we, or even by our representatives shall create warranties.

The Site does not warrant or represent that you will be able to access the Site at any given time - Service interruptions may occur due to reasons beyond the control of the Site, or because the Site has to undergo a maintenance procedure. The Site hereby disclaims any liability relating to its performance, functionality, accuracy, quality or availability, and reserves the right to stop, modify, or reduce any component of its Service, without the need of any prior notice to you.

You hereby agree that you will be solely responsible for setting up the required prerequisites in order to ensure the competent execution of the Site, which can include good internet and mobile access, and/or the appropriate device. You hereby agree to hold the Site or the Service Provider harmless of any liability pertaining to a reduced functionality of the Site arising from an incompatible device, internet browser, operating system, a substandard internet connection, or for any other reason.

6. CANCELLATIONS AND RENEWALS

You agree that all fees or subscription fees which you pay to the Service Provider are non-refundable. You agree that you will not be naturally entitled to any refunds, even for cancellations and partial usage of the Services of the Service Provider. You also hereby agree that all of your subscriptions to the Service Provider will automatically renew at the end of each term, and as such, you also authorise the Service Provider to automatically charge you for renewals.

To avoid automatic renewals, you hereby agree that it is your duty to cancel your subscription by notifying the Service Provider in writing of your intention to cancel 14 days prior to the next date of renewal.

7. ENHANCEMENTS AND MODIFICATIONS

The Service Provider hereby reserves the right to charge you extra or to increase its subscription rates completely should it update its Service. You hereby agree to pay all additional charges which the Service Provider may require as a result of any updates or modifications to its Services.

8. LIMITATION OF LIABILITY

You hereby expressly agree to release the officers, shareholders, directors, employees, agents, affiliates, and third-party providers from any liability, whether directly or indirectly, or of any kind, which may arise from the use of its Services, or any of its offered subscriptions.

9. OWNERSHIP

This Agreement does not grant to the you or any third party any right to use the software and/or Services of the Service Provider except as expressly set forth herein, nor does it grant to you or any third party any ownership right, title or interest in or to the software or Service. All rights, titles and interest in and to the copyrights, trademarks, patents, trademarks and other intellectual property rights in the software and Services are and shall remain with the Service Provider.

10. CUSTOMER RESPONSIBILITIES

You shall only use the Services of the Service Provider as contemplated by this Agreement, and shall not use the same to:

(a) send repetitive, unsolicited, or spam messages;

(b) to collect the data or information of third parties without their consent;

(c) use the Service to send or transmit illegal, libellous, threatening, obscene, or harmful content;

(d) use the Service to send viruses or other harmful computer code, files or scripts.

11. INDEMNIFICATION AGREEMENT

You agree to indemnify the Service Provider, its officers, shareholders, directors, employees, agents, affiliates, and third-party providers for any exposure to damages, loss, civil, administrative, or criminal actions resulting or arising from your use of the Services.

12. GOVERNING LAW

This Agreement shall be interpreted in accordance with the laws of Australia and the Parties submit to the non-exclusive jurisdiction of the courts of Australia.

Release date: 13 August 2020

Last updated: 22 May 2021