Terms of Service

1.1 This website located at www.tracta.com.au (the Website) is operated by Fata Projects Pty Ltd ACN 675 950 740 / ABN 58 675 950 740, trading as Tracta (we, us, our). The Website is a marketing and informational website for the Tracta cloud-based engineering document and record management platform (the Platform).

1.2 These terms of use (Terms) govern your access to and use of the Website. By accessing, browsing or otherwise using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Website.

1.3 These Terms apply to the Website only. They do not govern access to or use of the Platform or any SaaS services provided by us. Use of the Platform is governed by a separate SaaS Services Agreement or such other agreement as we may enter into with you or your organisation.

1.4 We reserve the right to amend these Terms at any time in our sole discretion by updating this page. Amendments take effect immediately upon publication. Your continued use of the Website after any amendment constitutes acceptance of the updated Terms. We recommend you review this page periodically.

In these Terms, unless the context otherwise requires:

Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales, Australia.

Content means all text, graphics, logos, images, audio clips, video, data, software, compilations, and other material available on or through the Website.

Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

Platform means the Tracta cloud-based engineering document and record management platform operated by us, access to which is governed by a separate agreement.

Platform IP means all Intellectual Property Rights in and to the Platform, including the underlying software, architecture, algorithms, databases, data models, and all related documentation.

User means any individual who accesses or uses the Website.

User Content means any material, data or information submitted by a User through any contact form, enquiry, or other interactive feature on the Website.

Website means the website located at www.tracta.com.au and all associated pages, subdomains and related web properties operated by us.

3.1 By using the Website you represent and warrant that: (a) you are at least 18 years of age or, if younger, have obtained the consent of a parent or legal guardian; (b) you have the legal capacity to enter into a binding agreement; and (c) your use of the Website does not violate any applicable law or regulation.

3.2 We reserve the right to restrict, suspend or terminate your access to the Website at any time without notice for any reason, including if we reasonably believe you have breached these Terms.

3.3 Access to certain features of the Website, including enquiry forms and demonstration request forms, may require you to provide personal information. Your provision of such information is subject to our Privacy Policy.

4.1 All Intellectual Property Rights in and to the Website, all Content (including without limitation the name Tracta, all trade marks, logos, designs, text, graphics, software and compilations), and the Platform IP are owned by or licensed to us and are protected under Australian and international laws.

4.2 Nothing in these Terms transfers any Intellectual Property Rights to you. No interest in or licence over any Intellectual Property Rights is granted to you except the limited, non-exclusive, revocable, non-transferable, non-sublicensable licence set out in clause 4.3.

4.3 Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Website and view the Content solely for your own personal, non-commercial informational purposes.

4.4 You must not, without our prior written consent: (a) reproduce, copy, redistribute, sell, resell, transmit, broadcast, publish, adapt, modify, translate, create derivative works from, or otherwise exploit the Website or any Content; (b) scrape, crawl, index or data-mine any part of the Website by automated or other means; (c) frame or mirror any part of the Website on any other website or application; (d) remove, alter or obscure any copyright, trade mark, or other proprietary rights notice on or in the Website; or (e) use the name "Tracta", our logos, or any trade marks owned by us in any manner that may cause confusion, is likely to deceive, or that disparages or discredits us.

4.5 All rights not expressly granted to you are reserved by us.

5.1 The Website provides marketing and informational material about the Platform. The Website is not the Platform and does not provide access to the Platform.

5.2 All descriptions of Platform features, functionalities, integrations, or specifications on the Website are provided for general informational purposes only. They do not constitute representations, warranties or guarantees as to the current or future capabilities of the Platform.

5.3 The Platform is an infrastructure tool only. We do not act as a design authority, engineering verifier, document certifier, or professional adviser. Nothing on the Website, and nothing about the Platform, constitutes engineering, design, professional or regulatory advice of any kind. Users and their organisations remain solely responsible for the accuracy, adequacy, and fitness-for-purpose of documents and records managed on the Platform.

5.4 Platform pricing, plans, features, and availability described on the Website are subject to change without notice. Actual terms applicable to Platform access are as set out in the relevant SaaS Services Agreement.

6.1 The Website may contain descriptions of or references to artificial intelligence features available within the Platform (AI Features). Any such descriptions are provided for informational purposes only.

6.2 AI Features are not a substitute for human professional judgement. Outputs generated by AI Features are computer-generated and may be inaccurate, incomplete or unsuitable for any particular purpose. Any reliance on AI-generated outputs — whether described on this Website or generated within the Platform — is entirely at the risk of the party relying on them.

6.3 To the maximum extent permitted by law, we disclaim all liability arising from any reliance placed on descriptions of AI Features appearing on the Website.

7.1 You must use the Website only for lawful purposes and in a manner consistent with these Terms.

7.2 You must not use the Website: (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is unlawful, fraudulent, harmful, threatening, abusive, harassing, defamatory, obscene or otherwise objectionable; (c) to transmit, or procure the sending of, any unsolicited or unauthorised advertising, promotional material or spam; (d) to transmit any data, upload any material, or send or upload content containing viruses, trojans, worms, ransomware, malware, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (e) to attempt to gain unauthorised access to any part of the Website or any systems or networks connected to the Website; (f) to tamper with, reverse-engineer, decompile, disassemble, attempt to derive the source code of, or otherwise seek to circumvent any security mechanism of the Website; (g) to impose an unreasonable or disproportionately large load on our infrastructure; or (h) to reproduce, misrepresent or exploit the Platform IP, Platform descriptions, or our brand for any commercial purpose.

7.3 We reserve the right to investigate any suspected breach of this clause 7 and to report any illegal activity to law enforcement authorities.

8.1 If you submit any User Content to us (including through contact forms, enquiry forms or demonstration requests), you: (a) warrant that you own or have all necessary rights to submit such User Content; (b) warrant that the User Content does not infringe any third party's Intellectual Property Rights, rights of privacy or publicity, or any other rights; (c) grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, store, and process the User Content for the purpose of responding to your enquiry and conducting our business operations; and (d) acknowledge that we are not obliged to retain, store, or respond to any User Content.

8.2 We reserve the right to delete, edit or decline to publish any User Content at any time without notice.

8.3 You must not submit User Content that is false, misleading, defamatory, offensive, unlawful, or that infringes the rights of any person.

9.1 The Website may contain hyperlinks to third party websites or resources. Such links are provided for your convenience only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

9.2 Inclusion of any link does not imply our endorsement, approval or recommendation of the linked website, its content, or the products or services available through it.

9.3 You access linked third party websites at your own risk. We encourage you to review the terms of use and privacy policies of any third party websites you visit.

10.1 We collect and handle personal information in accordance with our Privacy Policy, which is available on the Website and incorporated into these Terms by reference.

10.2 By using the Website and submitting any personal information, you consent to the collection, use and disclosure of that information in accordance with our Privacy Policy and applicable privacy legislation, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

10.3 The Website may use cookies and similar tracking technologies. Please refer to our Cookie Policy (if applicable) and Privacy Policy for details of how we use cookies and how you may manage your cookie preferences.

10.4 We may transfer personal information outside Australia where required by our business operations or third party service providers. Any such transfer will be in accordance with our Privacy Policy and applicable law.

11.1 We take reasonable steps to maintain the security of the Website. However, we do not warrant or guarantee that the Website is free from viruses, malware, or other malicious code. You are responsible for ensuring that your device and systems are adequately protected.

11.2 You must not attempt to gain unauthorised access to any part of the Website, the servers on which the Website is hosted, or any database, system or network connected to the Website.

11.3 Any suspected security vulnerability in the Website must be reported to us promptly at legal@tracta.com.au. You must not publicly disclose any such vulnerability without our prior written consent.

12.1 Nothing in these Terms limits or excludes any consumer guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (ACL), that cannot by law be limited or excluded.

12.2 Subject to clause 12.1 and to the maximum extent permitted by law: (a) the Website and all Content are provided on an "as is" and "as available" basis without any express or implied representation, warranty or condition of any kind; (b) we do not warrant that the Website will be uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected; (c) we do not warrant the accuracy, completeness, reliability, currency, suitability or fitness for purpose of any Content; and (d) all implied warranties, terms, conditions and representations (other than those which cannot be excluded by law) are excluded.

12.3 You acknowledge that: (a) the Website is a marketing and informational resource only; (b) reliance on any Content, including descriptions of Platform features or capabilities, is at your own risk; and (c) we are not liable for any decision you make in reliance on any information published on the Website.

13.1 To the maximum extent permitted by law, our total aggregate liability to you in connection with the Website and these Terms, however arising (whether in contract, tort including negligence, statute, equity, or otherwise) is limited to AUD $100.

13.2 To the maximum extent permitted by law, we exclude all liability for: (a) any indirect, consequential, incidental, special, punitive or exemplary loss or damage; (b) loss of profit, revenue, data, business, opportunity or goodwill; (c) loss arising from your reliance on any Content or description of Platform features on the Website; (d) loss arising from interruption, delay, suspension or unavailability of the Website; (e) loss arising from any virus, malware, or other harmful component transmitted through the Website; or (f) loss arising from your use of, or inability to use, any third party website linked to or from the Website — whether or not we have been advised of the possibility of such loss or damage.

13.3 Where legislation implies a condition or warranty that cannot be excluded but can be limited, our liability is limited to, at our option, the resupply of the relevant services or the cost of having the relevant services supplied again.

14.1 You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, contractors, successors and assigns from and against all claims, actions, suits, demands, losses, liabilities, costs and expenses (including reasonable legal fees on a full indemnity basis) arising out of or in connection with: (a) your use of the Website or any Content; (b) any User Content you submit; (c) your breach of these Terms; or (d) any infringement by you of the Intellectual Property Rights or other rights of any person.

15.1 The Website may contain descriptions of our products, services, business model, pricing approach, technical capabilities, and commercial strategy (collectively, Business Information). Nothing in these Terms grants you any right to disclose, reproduce or commercially exploit any Business Information.

15.2 You acknowledge that any non-public Business Information you become aware of through the Website or any demonstration, trial access, or pre-sales engagement is confidential and must not be disclosed to any third party without our prior written consent.

16.1 We may suspend, restrict, or terminate your access to the Website at any time, without notice, in our absolute discretion, including where: (a) you have breached or we reasonably suspect you have breached these Terms; (b) we are required to do so by law; or (c) we decide to discontinue, modify or suspend operation of the Website.

16.2 Termination or suspension of your access does not affect any rights or obligations that have accrued prior to the date of termination.

16.3 The following clauses survive termination or expiry of these Terms: clause 4 (Intellectual Property), clause 12 (Disclaimers), clause 13 (Limitation of Liability), clause 14 (Indemnity), clause 15 (Confidentiality), clause 17 (Dispute Resolution), clause 18 (Governing Law), and any other provision which by its nature should survive.

17.1 If a dispute arises out of or in connection with these Terms or your use of the Website (Dispute), neither party may commence legal proceedings in a court or tribunal unless the steps in this clause 17 have been complied with, except where a party seeks urgent interlocutory relief.

17.2 A party claiming a Dispute has arisen must give written notice to the other party specifying the nature of the Dispute, the desired outcome, and the action required to resolve it (Dispute Notice).

17.3 Within 14 days of receipt of a Dispute Notice, the parties must meet (or communicate by telephone or video conference) and attempt to resolve the Dispute by good faith negotiation.

17.4 If the Dispute is not resolved within 28 days of the Dispute Notice (or such longer period as agreed in writing), either party may refer the Dispute to mediation by a mediator agreed between the parties, or failing agreement, appointed by the Australian Disputes Centre.

17.5 The costs of the mediator shall be shared equally between the parties. Each party shall bear its own legal costs in relation to any mediation.

17.6 All communications during the dispute resolution process are confidential and, to the extent applicable, constitute without prejudice communications.

17.7 If the Dispute has not been resolved within 2 months of the commencement of mediation, either party may terminate the mediation and pursue other remedies.

18.1 These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of laws rules.

18.2 Subject to clause 17, you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia for the resolution of any dispute arising out of or in connection with these Terms or the Website.

18.3 The Website is intended to be accessed by persons located in Australia. We make no representation that the Website or its Content complies with the laws of any jurisdiction outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for compliance with local laws.

19.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to the Website and supersede all prior agreements, understandings, representations and warranties relating to the Website.

19.2 Severance. If any provision of these Terms is found to be void, invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

19.3 Waiver. A failure or delay by us in exercising any right under these Terms does not operate as a waiver of that right. A single exercise of any right does not preclude any further exercise of that right.

19.4 No Assignment. You may not assign, transfer, or sublicence any rights or obligations you have under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without notice.

19.5 Relationship. Nothing in these Terms creates any partnership, joint venture, agency, employment or fiduciary relationship between you and us.

19.6 Force Majeure. We are not liable for any failure or delay in performing any obligation under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including acts of God, telecommunications failures, internet disruptions, or government action.

19.7 Notices. Notices to us under these Terms must be sent in writing to legal@tracta.com.au. Notices sent by email are deemed received on the next Business Day following transmission.

19.8 Updates to Terms. We may update these Terms at any time. The current version will always be available at www.tracta.com.au/terms. Your continued use of the Website after any update constitutes your acceptance of the updated Terms.