Terms of Service

These Terms of Service (Terms) govern your access to and use of the Trade Track platform, including our website at trade-track.com.au and our web application (the Service), provided by Trade Track Pty Ltd (ABN to be updated once registered) (we, us, our). By creating an account, starting a free trial, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility and Acceptance

You must be at least 18 years old and authorised to enter a binding agreement to use the Service. If you are signing up on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms.

These Terms form a legally binding contract between you and Trade Track. By using the Service, you accept these Terms and agree to comply with them.

2. The Service

Trade Track is a cloud-based job management platform designed for Australian trade businesses. The Service includes tools for quoting, scheduling, job tracking, invoicing, and integration with third-party accounting software. We will make the Service available through our web application at app.trade-track.com.au and associated subdomains.

The Service is provided on an "as is" and "as available" basis. We may modify, suspend, or discontinue features at any time without notice, though we will use reasonable efforts to communicate changes in advance.

3. Free Trial

We offer a free trial of the Service to new users. The trial period, features included, and any limits or restrictions are as displayed on our website at the time of signup.

• The trial does not require a payment method unless otherwise stated
• At the end of the trial, access to the Service will continue only if you subscribe to a paid plan
• Data created during the trial remains available for a limited period after trial expiration, subject to our data retention policy
• We reserve the right to modify or discontinue free trial offerings at any time

4. Subscription and Billing

Our plans and pricing are displayed on the website. By subscribing to a paid plan, you agree to the following:

• Fees — Subscription fees are charged in Australian Dollars (AUD). Prices include GST unless otherwise stated
• Billing cycle — Subscriptions are billed monthly or annually on the cycle you select at signup. Charges recur automatically until you cancel
• Payment method — You must provide a valid payment method (credit or debit card). Payment is processed by our third-party payment provider
• Price changes — We may change our prices on 30 days' notice. Changes take effect at the start of your next billing cycle and do not apply retroactively
• Failed payments — If a payment fails, we may suspend access to the Service. If payment is not received after reasonable attempts, your account may be closed
• Refunds — Refund requests should be directed to our support team. Subscription fees are generally non-refundable unless required by law

5. Accounts and Security

• You are responsible for maintaining the confidentiality of your login credentials
• All activities that occur under your account are your responsibility
• You must notify us immediately if you suspect unauthorised access to your account
• We reserve the right to suspend or terminate accounts that violate these Terms or are believed to be compromised

6. Your Data and Content

You retain all ownership rights to the data you enter into the Service (customer details, job records, quotes, invoices, and related information). We do not claim ownership over your content.

By using the Service, you grant us a limited licence to store, process, and display your data solely for the purpose of providing the Service to you. We are not responsible for the accuracy or legality of the data you enter. You are responsible for ensuring you have obtained appropriate consent from your clients before entering their personal information into the Service.

We may process your data using automated systems. We will not sell or share your content with third parties except as described in our Privacy Policy or as required to provide the Service (e.g. Xero integration when enabled by you).

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable Australian laws
• Attempt to gain unauthorised access to the Service, other users' accounts, or our systems
• Use automated tools, scrapers, or bots to access the Service without prior written consent
• Upload, enter, or store any content that is defamatory, offensive, or that infringes the rights of others
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use the Service to store or transmit viruses, malware, or other malicious code
• Resell or redistribute the Service, or provide access to it, without our prior written permission

8. Third-Party Integrations

The Service may integrate with third-party platforms such as Xero Accounting. If you enable an integration:

• Data will be shared with the third-party service in accordance with their terms and privacy policy
• We are not responsible for the availability, operation, or policies of any third-party service
• You are responsible for maintaining your own accounts and subscriptions with those third-party services
• We may modify, add, or remove integrations at any time

9. Intellectual Property

All intellectual property rights in the Service, including software, design, branding, logos, text, and graphics, are owned by Trade Track Pty Ltd or its licensors. These Terms grant you a limited, non-exclusive, non-transferable licence to use the Service in accordance with its intended purpose. No other rights or licences are granted.

You may not reproduce, distribute, modify, or create derivative works from any part of the Service without prior written consent from Trade Track.

10. Uptime and Availability

We aim to provide reliable access to the Service but do not guarantee uninterrupted, error-free operation. We use reasonable efforts to maintain availability and may schedule planned maintenance during off-peak hours where possible. We will notify subscribers of significant planned downtime in advance.

11. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Service will meet your specific business requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Any defects in the Service will be corrected
• The Service is free from viruses or other harmful components

12. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy that cannot be excluded, restricted, or modified under the Competition and Consumer Act 2010 (Cth) including the Australian Consumer Law (ACL). In particular, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Laws, and you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods or services repaired or rectified if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.

13. Limitation of Liability

To the maximum extent permitted by law (and subject to your Australian Consumer Law rights), Trade Track shall not be liable for:

• Any indirect, incidental, special, or consequential losses, including loss of profits, loss of data, loss of business opportunity, or business interruption, arising from your use of or inability to use the Service
• Any errors, delays, or unavailability of the Service
• Any damage caused by third-party services or integrations
• Any unauthorised access to your account resulting from your failure to maintain credential security

Our total aggregate liability to you in connection with these Terms or the Service is limited to the amount you have paid us for the Service during the twelve (12) months immediately preceding the claim.

14. Indemnity

You agree to indemnify and hold Trade Track and its officers, employees, and contractors harmless from any claims, liabilities, losses, costs, or expenses (including legal fees on a solicitor-client basis) arising out of or in connection with:

• Your use of the Service in breach of these Terms
• Any content or data you upload to the Service
• Your failure to comply with applicable laws
• Any claim that your content infringes the intellectual property rights of a third party

15. Termination

You may cancel your subscription and close your account at any time through the platform or by contacting our support team. Your account will be closed at the end of your current billing period, and no further charges will be applied.

We may suspend or terminate your access to the Service if:

• You breach these Terms and fail to remedy the breach within a reasonable period after notice
• We are required to do so by law or a regulatory authority
• Your account is inactive for an extended period
• We cease to offer the Service

What happens after termination?

• We will retain your data for a reasonable period after account closure to allow you to export it, subject to our data retention policy
• After the retention period, your data will be permanently deleted from our systems in accordance with our Privacy Policy
• Sections of these Terms that by their nature survive termination (intellectual property, limitation of liability, indemnity, governing law) will continue to apply

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by a prominent notice on the Service before the changes take effect. Material changes take effect no less than 30 days after notice. Minor or non-material changes (such as corrections of typos or clarifications) may take effect immediately. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Australia. The parties submit to the non-exclusive jurisdiction of the courts of the state or territory in which Trade Track is registered.

Before commencing legal proceedings, either party may request that a dispute be submitted to mediation. The parties agree to negotiate in good faith to resolve any disputes arising under these Terms. Nothing in this clause prevents either party from seeking urgent interlocutory relief.

18. General

• Entire agreement — These Terms and our Privacy Policy constitute the entire agreement between you and Trade Track regarding the Service
• Severability — If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force
• Assignment — You may not assign or transfer these Terms without our prior written consent. Trade Track may assign these Terms in connection with a merger, acquisition, or sale of assets
• Waiver — Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision
• Contact — Questions about these Terms should be directed to support@trade-track.com.au