1. Introduction

As they govern your use of the website, please read these website terms of use carefully before using this website.
This website, intrac.com.au, is operated by Intrac Australia Pty Ltd ACN 091 523 910 (“we”, “us” or “our”).

2. By using our website you accept these website terms of use

By using this website, you accept these website terms of use and agree to comply with them. If you do not agree to these website terms of use, you must not use our website.We recommend that you print a copy of these website terms of use for future reference.These website terms apply from the date set out at the beginning of them. We may amend these website terms of use from time to time without specific notice to you. Every time you wish to use our website, please check to ensure you understand which website terms of use applies at that time.

3. Other terms that may apply to you

Please refer to our Privacy Policy, here, which also applies to your use of our website.

4. Our website is directed to users in Australia

Our website is directed to users located in Australia. Content or products and services which are available on or through our website may not be appropriate for use or available in other locations.

5. Ownership of rights on our website

Unless otherwise indicated, we are the owner or the authorised licensee of all content on our website and in the material published on it including the trade marks, sounds, images, text, software, software code, interfaces, website structure, videos and copyright works and materials displayed on it, its layout and design (“our intellectual property rights”). Our intellectual property rights may not be copied, imitated or used by you, in whole or in part, without the prior written permission from us or our licensors. We take our intellectual property rights seriously and will enforce our rights to the fullest extent permitted by applicable law.
You must not use any part of the content on our website for commercial purposes without first obtaining a written licence to do so from us or our licensors.
You may print or download an extract of any page(s) from our website for your personal use only or draw the attention of others to our website but you must not modify any printed or digital copies of any pages of our website or use any illustrations, photographs, trade marks, video or audio sequences or any graphics separately from any accompanying text.

6. Disclaimer of our liability

We are only responsible for losses that are a natural, foreseeable consequence of our breach of this website terms of use and to the maximum extent permitted under applicable law we will not be liable to you for any special, consequential or indirect loss or damage or if we are prevented or delayed from complying with our obligations under this website terms of use or applicable law by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
Although we make reasonable efforts to update the information on our website, we do not make any representations, warranties or guarantees (whether express or implied) that the content on our website is accurate, complete or up to date, suitable for any particular purpose, except only for the warranties, representations or guarantees contained or referred to as required to be made under the Australian Consumer Law or which we cannot otherwise legally exclude. We do not guarantee that our website is or will be secure or free from bugs or viruses or always available or functional. To the extent permitted by applicable law, we reserve the right to interrupt or discontinue any or all of the functionalities of our website at any time.
To the maximum extent permitted by applicable law, we accept no responsibility or liability at all arising from (a) your use of this website or its content or (b) any interruption or discontinuance of any or all functionalities of our website (regardless of whether this is the result of actions or omissions by us or one of our affiliates or of a third party) or (c) any damage, losses or expenses related to any business of yours including without limitation for any lost data, lost profits, lost revenues or business interruption, in all cases except to the extent that you suffer such damage, loss or expense as a result of (i) a breach by us of the Australian Consumer Law or other applicable consumer laws or (ii) our negligent or willful misconduct.
Nothing in these website terms of use limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by applicable law. Nothing in this website terms of use will affect your statutory rights. You may have certain protections under the Competition and Consumer Act 2010 (Cth) of Australia and the Australian Consumer Law.
(a) If you are a business: As a business, these rights exist when you buy goods or services for your business which are under AUD$40,000, or over AUD$40,000 which are normally bought for personal, domestic or household use or consumption.
Your business will be considered a consumer and entitled to certain remedies under the consumer guarantees provided in the Australian Consumer Law if something goes wrong.
The Australian Consumer Law protects small businesses from unfair terms in standard form contracts where you are a business which employs less than 20 people, including casual employees employed on a regular and systematic basis and you pay us no more than AUD$300,000 or AUD$1 million if the contract is for more than 12 months.
(b) If you are a consumer: Under the Australian Consumer Law, when you buy goods or services they come with statutory guarantees that they will work and do what you asked for. If you buy something, under the Australian Consumer Law that is not right, you have consumer rights and the following consumer guarantees on products or services will apply.
* Products must:
- be safe, lasting, with no faults;
- look acceptable;
- do all the things someone would normally expect them to do;
- match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising;
- match any demonstration model or sample you asked for;
- be fit for the purpose the business told you it would be fit for and for any purpose that you made known to the business before purchasing;
- come with full title and ownership;
- not carry any hidden debts or extra charges;
- come with undisturbed possession, so no one has a right to take the goods away or prevent you from using them;
- meet any extra promises made about performance, condition and quality, such as life time guarantees and money back offers; and
- have spare parts and repair facilities available for a reasonable time after purchase unless you were told otherwise.
* Services must:
- be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
- be fit for the purpose or give the results that you and the business had agreed to; and
- be delivered within a reasonable time when there is no agreed end date.
* Consumer guarantees under the Australian Consumer Law do not apply if you:
- got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it;
- misused a product in any way that caused the problem;
- knew of or were made aware of the faults before you bought the product; or
- asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted.

7. Links to and from other websites

Where our website contains links to other websites, plugins, applications or resources provided by third parties, these links are provided for your information only and are not any indication of approval by us of those linked websites or information that you may obtain from them.You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have agreed to that.We reserve the right to withdraw linking permission without advance notice to you.

8. How we may use your personal information

Our use of your personal information is set out in our Privacy Policy, here.

9. User conduct

You agree that the information or material you upload or transmit to our website is accurate, lawfully provided and not misleading.You must not misuse our website or use it in any way that infringes the rights of anyone else or by spamming or introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful or restricts anyone else’s enjoyment of our website. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or crawl, frame, edit or broadcast our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. We will report any breach of this provision to the relevant law enforcement and you accept responsibility for your actions and the actions of persons that you authorise to act for you.

10. Governing law and jurisdiction

These website terms of use shall be governed by and construed in accordance with the laws of Victoria, Australia. Disputes arising in connection with these website terms of use will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

11. Miscellaneous

11.1 Variation

We may vary these website terms of use (including any document incorporated by reference) at any time by posting the amended terms on this website. All amended terms will automatically be effective after they are posted on this website. Your continued use of this website after our posting of any variations will constitute your acceptance of such amendments.

11.2 Waiver

No failure or delay by us to exercise any right or remedy provided under these website terms of use or by applicable law will constitute a waiver of that or any other right or remedy, or prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.

11.3 Rights and remedies

Except as expressly provided in these website terms of use, the rights and remedies provided under these website terms of use are in condition to, and not exclusive of, any rights or remedies provided by applicable law.

11.4 Entire agreement

These website terms of use constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

11.5 Assignment

You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these website terms of use. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these website terms of use.

11.6 Relationship

Nothing in these website terms of use is intended to or will operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party will have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any presentation of warranty, the assumption of any obligation or liability and the exercise of any right or power).

11.7 Third party rights

These website terms of use do not confer any rights on any person or entity (other than the parties to this agreement and, where applicable, their successors and permitted assigns).

11.8 Notices

Any notice required to be given under these website terms of use will be:
‍(a) in the case of notice to us: in writing and delivered by hand or sent by pre-paid first-class post or recorded delivery posted to us at our address as set out in these website terms of use, or such other address as may have been notified by us on this website for such purposes from time to time; and
‍(b) in the case of notice to you: posted on this website or emailed to you at the email address you have last given to us.A notice delivered by hand will be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post will be deemed to have been received at the time at which it would have been delivered in the normal course of post.