PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE KEEPING ME ON TRACK PLATFORM.
KEEPING ME ON TRACK PLATFORM USER TERMS AND CONDITIONS
1. GENERAL
1.1 These Terms of Service (Terms) governs your use of our Keeping Me On Track Platform and form a binding contractual agreement between you, the user of the Keeping Me On Track Platform and us, Kukula Pty Ltd ACN 66 646 992 903 (the Platform). For this reason, these Terms are important and you should ensure that you read them carefully.
1.2 By completing the registration process and using the Platform or clicking "I agree to the Terms & Conditions" or by using the Platform or continuing to use the Platform, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them. You warrant that:
(a) you are at least 18-years old;
(b) you are legally capable of entering these Terms;
(c) you will not use the Platform for any unlawful purpose; and
(d) all information supplied by you for the purposes of the Platform is accurate, true and legally yours to use for the purposes of Platform.
1.3 If you do not agree to these Terms, you must not access or otherwise use the Platform.
2. DIGITAL SIGNATURE
By completing the registration process, or by using the Platform, you are deemed to have executed these Terms electronically, effective on the date you first registered your User Account or upon accessing the Platform. Doing so constitutes an acknowledgement and acceptance that you are able to electronically receive, download, and print these Terms.
3. DEFINITIONS
In these Terms:
Corporate User means a customer who has created an account with us on behalf of End Users.
Sponsored Users means users of the Platform who have been granted access to it by virtue of being connected to a Corporate User.
Premium User means a user of the Platform that is not a Sponsored User, but receives the same features as Sponsored User
Standard (Direct) User means a user of the Platform that is not a Sponsored or Premium User
Fees means the fees payable to access and use the Platform.
Intellectual Property includes but is not limited to copyright, trademarks, designs, patents, processes and all other intellectual property that is capable of legal protection, regardless of whether such legal protection has been formally obtained and specifically the combination of software applications or programs, images, audio, templates and branding produced and owned by Keeping Me On Track collectively referred to and comprised in the Platform.
Personal Information means all information provided by one party to the other in connection with these Terms where such information is identified as confidential at the time of its disclosure or ought to be reasonably considered confidential based on its content, nature or the manner of its disclosure, but excluding:
(a) information that enters the public domain or is disclosed to a party by a third party, other than through a breach of these Terms; and
(b) information developed independently by a party.
Platform means the web based platform embodying the Intellectual Property which is used for the collection of Your Data to generate automatic reports and other functions including but not limited to the graphs, videos, certificates and the presentation of other data including access to Your Portal and associated access and functionality, as well as any together with any new versions, modifications or modules added to the Platform.
Third Parties means parties not affiliated with Keeping Me On Track. Amazon Web Services is an example.
Your Data means all data collected by us through your use of the Platform.
Your Portal means your portal that you control for the purposes of using the Platform.
Us, We, Our means Keeping Me On Track and us Kukula Pty Ltd (the Platform) and any other entity we grant a licence to use or commercialise Platform.
4. USE LICENSE
4.1 We grant you a revocable, non-exclusive, non-transferable, limited right to access and use the Platform, on compatible devices owned or controlled by you, and to access and use the Platform on such devices, and to be granted access to your own Keeping Me On Track Portal strictly in accordance with the terms and conditions of these Terms. The compatibility requirements are found on our Platform and website and may change from time to time.
4.2 The Platform is protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Platform and only for the purposes described by Keeping Me On Track either in these Terms or on our website. We reserve all other rights in the Platform. Until termination of these Terms and as long as you meet any applicable payment obligations and comply with these Terms.
4.3 You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Platform; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Platform; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Platform; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Platform; (5) use the Platform for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the Platform available over a network or other environment permitting access or use by multiple devices or users at the same time other than is intended for; (7) use the Platform for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Platform; (8) use the Platform to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Platform.
5.1 You acknowledge and agree that although we will use all reasonable efforts to ensure that the Platform is available, temporary interruptions to the Platform may occur. We will not be liable for any reason the Platform is unavailable at any time or for any period. We may also restrict access to some parts of or the Platform, from time to time. We reserve the right to perform unscheduled maintenance on the Platform at any chosen time and will not be liable for any resulting loss.
5.2 All content and services provided through the Platform is provided "AS IS" and "SUBJECT TO AVAILABILITY" basis for the User. The Platform is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of the Platform is solely at your risk. We reserve the right to withdraw or amend the Platform without notice. We reserve the right to expand our Platform and modify these Terms to accommodate them.
6. ACCOUNT, PASSWORD AND SECURITY
6.1 You must treat your account, password and other security information as confidential and you must not disclose it to any third party. If you have reason to believe that your account or password has been obtained by someone else without your consent, you must inform us immediately.
6.2 The email address you provide Us on registration is the email address we will associate with your account. We will not be responsible if your email account is disabled for any reason and you do not receive any communications from Us. We will not be liable for any losses associated with your account being compromised and Your Data being made publicly available. We have the right to disable any account or password at any time if we consider that you have failed to comply with any of the provisions of these Terms. In the event that an account is disabled or terminated, Platform is not required to refund any amounts paid by you to us. By registering with the Platform, you agree that all information provided during the registration process is true and accurate and you will update this information regularly in order to keep it current, complete, and accurate.
7. PAYMENT
7.1 If you are a Premium or Corporate User, payments will be billed to you by Us in a manner we determine from time-to-time, including where your account is a subscription account. You must pay with one of the following:
(a) a valid credit card acceptable to Keeping Me On Track and/or its payment processor;
(b) a valid debit card acceptable to Keeping Me On Track and/or its payment processor;
(c) electronic funds transfer;
(d) by another payment option Keeping Me On Track and/or its payment processor provides to you in writing.
7.2 We may change the method with which we require you to pay and we will advise you when this is to occur. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse access to the Platform.
7.3 If you do not notify us of updates to your payment method (e.g., credit card expiration date) Keeping Me On Track and/or our payment processor may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorise us to continue billing your account with the updated information that we obtain.
7.4 We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these Terms.
8. SCOPE OF THE PLATFORM
8.1 If you are a Corporate User, you acknowledge and agree that we only provide the Platform and access to the Platform Portal. We do not become a party to any communications or contractual obligations you have with any Sponsored Users.
8.2 You have sole control and risk over the quality, safety or legality of the Your Data on the Platform. We do not ensure or guarantee that a Third Party will receive the Your Data or in the manner in which you uploaded it.
8.3 At our sole discretion, we release new updates, modifications and enhancements to our Platform, and in some cases, discontinue features. Where this occurs, we’ll endeavour to notify you where practical.
9. USE WITH OF THE PLATFORM
9.1 Use of the Platform is available through a compatible device using internet access. You agree that you are solely responsible for any mobile configurations, compatibility, capability, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
9.2 You shall:
(a) observe all lawful directions and instructions given to you by Keeping Me On Track in relation to the use of the Platform and in the absence of any such directions or instructions in relation to any particular matter will act in such manner as they reasonably consider to be most beneficial to the Keeping Me On Track’s interests;
(b) conduct your business in its own name and not represent itself as being an employee, agent, partner or joint venturer of Keeping Me On Track;
(c) not use, nor permit, allow or facilitate the use of the Platform in a manner which is in any way whatsoever detrimental to the goodwill, operation, reputation or name of Keeping Me On Track or the continued protection of the Intellectual Property, as determined by Keeping Me On Track in its sole discretion;
(d) not engage in any misleading or deceptive conduct, or conduct that may mislead or deceive, whether under common law or under the Competition and Consumer Act 2010;
(e) not interfere or attempt to interfere with the normal course and process of the Platform;
(f) not use manual or automated software, devices, or other processes to harvest or scrape any information from the Platform other than in accordance with these Terms without Keeping Me On Track’s prior written consent;
(g) not rebrand, remove, obscure or any way alter any copyright, proprietary or trademark notice or any notice acknowledging contributions to the Platform; and
(h) not engage in any unlawful conduct whatsoever.
9.3 Where you are a Corporate User, you will ensure your Sponsored Users are aware of their obligations with respect to the Platform as if they were signatories to these Terms.
9.4 You shall not make any representations, warranties or promises about the Platform or Keeping Me On Track, or give any warranties about the Intellectual Property other than as expressly permitted by these Terms or otherwise authorised by Keeping Me On Track in writing.
9.5 You indemnify Keeping Me On Track for any loss or damage suffered by Keeping Me On Track pursuant to the operation of the legislation relating your conduct in the resale of the Platform or the Competition and Consumer Act 2010 (Cth) or otherwise as a result of the breach by you of these Terms.
9.6 Keeping Me On Track makes no warranties or representations of any kind, express, statutory or implied as to;
(a) the availability of telecommunication services from your provider and access to the services at any time or from any location;
(b) any loss, damage or other security intrusion of the telecommunications services; and
(c) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
10. DISCLAIMER
10.1 This disclaimer of liability applies to any damages, injury or death caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Platform, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
10.2 We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Platform or that the operation of the Platform will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Platform.
10.3 Your Data uploaded through the Platform has not been authenticated and endorsed in whole or in part by Platform for submission to Third Parties.
11. PROHIBITED USE
11.1 You acknowledge and agree that you are responsible for your own conduct and Your Data while using the Platform and for any consequences thereof. You agree to only use the Platform only for purposes that are legal, proper, and in accordance with these Terms. Prohibited conduct and use includes, but is not limited to:
(d) defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights of others;
(e) impersonation of another person or entity, or falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
(f) restricting or inhibiting any other user from using and enjoying the Platform;
(g) using the Platform for any illegal or unauthorized purpose;
(h) interfering with or disrupting the Platform or servers or networks connected to the Platform, or disobeying any requirements, procedures, policies or regulations of networks connected to the Platform;
(i) using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or collect information or data contained within site about Users for any unauthorized purpose;
(j) creating user accounts by automated means or under false or fraudulent pretences;
(k) promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual; or
(l) transmitting any viruses, worms, defects, trojan horses, or any items of a destructive nature.
12. PRIVACY
All Personal Information and Your Data provided to or displayed on the Platform and Platform is subject to our PRIVACY POLICY which are part of these terms.
13. PLATFORM INTELLECTUAL PROPERTY
13.1 Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you. You acknowledge and agree that, as between you and us, we own the Intellectual Property Rights, including any trade marks, in the Platform, and excluding any Your Data.
13.2 We own and retain all proprietary rights to the Platform provided through the Platform, and all associated Intellectual Property rights. You are permitted to use the Platform only as authorised by us.
13.3 Unless expressly stated, all persons, third party trade marks and images of third party products, services or locations on the Platform is in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection. Where a trade mark or brand name is used, it is solely used to describe or identify products.
14. INFRINGEMENT
14.1 If, at any time, you learn of any infringement or threatened infringement or any actual or threatened unauthorised use of any of the Intellectual Property you shall immediately give notice of such actual or threatened infringement or unauthorised act to Keeping Me On Track.
14.2 Keeping Me On Track shall defend or, as the case may be, take over the defence of, any such infringement or unauthorised use and any resulting proceedings to such extent and on such terms as Keeping Me On Track thinks fit.
14.3 You may not institute any action or proceeding or attempt to resolve or settle any infringement or unauthorised use of the Intellectual Property without the prior written consent of Keeping Me On Track.
15. YOUR DATA
15.1 You must not upload or input any of Your Data to the Platform:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is unsolicited, undisclosed or unauthorized advertising;
(d) that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) that would bring us, or the Platform, into disrepute; or
(f) that infringes the Intellectual Property or other rights of any person.
15.2 You agree to keep all records necessary to establish that Your Data does not violate any of the requirements under clause 15.1 and make such records available upon our reasonable request.
15.3 You grant to Platform, its successors and affiliates, a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Your Data to the extent reasonably required for the performance of Keeping Me On Track's obligations and the exercise of the Keeping Me On Track's rights under these Terms and the Privacy Policy, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use and reproduce the Your Data for the purposes of enabling Keeping Me On Track to provide the Platform to you.
15.4 If you are providing Personal Information to us, you warrant and agree that you have obtained all necessary consents and permissions from, and provided all necessary disclosures to, the owner of such Personal Data (being the person(s) to whom such personal data relates) as required by applicable law, for us to: (a) use or disclose the data in accordance with our Privacy Statement, (b) move the Personal Data outside of the country of residence of such owner of the Personal Data, if applicable, and (c) otherwise use and disclose the data in accordance with these Terms.
15.5 You also grant to Keeping Me On Track the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of Keeping Me On Track's obligations and the exercise of Keeping Me On Track's rights under these Terms, subject always to any express restrictions elsewhere in these Terms.
15.6 Each party shall comply with all applicable privacy laws with respect to the processing of the Your Data where that data contains Personal Information.
15.7 You shall own all rights, title and interest in and to all of the Your Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Your Data.
15.8 In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for Keeping Me On Track to use reasonable endeavours to restore the lost or damaged Your Data as may be maintained by Keeping Me On Track from time to time. Keeping Me On Track shall not be responsible for any loss, destruction, alteration or disclosure of Your Data caused by any third party.
15.9 If Keeping Me On Track processes any personal data on your behalf when performing its obligations under these Terms, you shall be the data controller and Keeping Me On Track shall be a data processor and in any such case:
(a) you acknowledge and agree that the personal data may be transferred or stored outside the country where you and the End Users are located in order to facilitate the performance of Keeping Me On Track’s obligations under these Terms;
(b) you shall ensure that you are entitled to transfer the relevant Personal Data to Keeping Me On Track so that Keeping Me On Track may lawfully use, process and transfer the personal data in accordance with these Terms;
(c) you shall ensure that the relevant third parties including the End Users have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
(d) Keeping Me On Track shall process the personal data only in accordance with the terms of these Terms and any lawful instructions reasonably given by you from time to time; and
(e) each party shall take appropriate technical and organizational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
16. THIRD PARTY SUPPLIERS
16.1 You acknowledge that Keeping Me On Track engages and uses the services of Third-Party suppliers for the purposes of transmitting, collecting and storing data associated with the use of the Platform. Keeping Me On Track makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party product, or any transactions completed, and any contract entered into by Keeping Me On Track, with any such third party. Keeping Me On Track recommends that you refer to the third party’s website terms and conditions and privacy policy prior to entering into these Terms. Keeping Me On Track does not endorse or approve any Third-Party services.
17. DISCLAIMER
17.1 THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
17.2 WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17.3 KEEPING ME ON TRACK, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PLATFORM WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
18.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF KEEPING ME ON TRACK, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE OCCURRENCE OF THE FIRST CAUSE OF ACTION GIVING RISE TO A CLAIM OR IN THE CASE OF A USER WHO IS NOT A PAYING USER, THE EQUAVALENT OF THREE MONTHS FEES FOR A DIRECT USER. SUBJECT TO APPLICABLE LAW, KEEPING ME ON TRACK, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET KEEPING ME ON TRACK SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF KEEPING ME ON TRACK AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE TERMS SETS FORTH THE ENTIRE LIABILITY OF KEEPING ME ON TRACK, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE PLATFORM AND ITS USE.
18.2 CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19.1 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your Data; (2) use of the Platform; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20.1 Using the Platform, sending us emails, receiving and accepting notifications via the Platform, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Platform and/or your registration, or suspend or block your access to the Platform.
21.2 Subject to clause 21.2, you may terminate your account with Keeping Me On Track on thirty days notice to Keeping Me On Track by email to support@keepingmeontrack.com.
21.3 Where your account is on a subscription basis (such as a monthly subscription), you may terminate your account by providing us with written notice of your intention to terminate your account. Such notice must be no less than 30 days. Where you terminate a subscription account you will not be entitled to a refund for any part of your unused subscription.
21.4 We may terminate or suspend your access to the Platform if there is a failing to make any required Fees. If you subsequently want your account to be reactivated, you must pay all monies due and owing to us including any applicable costs or charges. If we cannot activate your account because your email has changed or other login information is incorrect, you may then have to open a new account and all Your Data may have been deleted, archived, or lost.
21.5 We may also suspend or terminate your access and refuse to provide the Platform to you if you breach these Terms; we suspect or become aware that you have provided false or misleading information to us; we believe in our sole discretion that your actions may cause legal liability for you, End Users or Platform; may be contrary to the interests of the Platform; or may involve illicit activity.
21.6 Once your account is suspended or terminated, you must not continue to use the Platform under the same account or a different account or reregister under a new account without Platform’s prior written consent.
21.7 Notwithstanding the foregoing, in no circumstances will Keeping Me On Track be liable for any loss of interest, revenue, profit or any data, or for any consequential, indirect, incidental or special damages suffered by you or any third party arising from or relating to the termination of your access to or suspension of access to, the Platform.
21.8 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Platform or by sending a communication to any address (email or otherwise) that we have for you in our records.
21.9 When your account is terminated for any reason, you will no longer have access to Your Data. If practicable, Platform will retain this information for 14 days from the date of termination, to allow you to download it Platform may delete your information including Your Data, data, messages, files and other material you keep on the Platform after 14 days.
22. LANGUAGE
22.1 These Terms were originally prepared in the English language. Although we may provide one or more translations in the future, the English language version will prevail in the case of any conflict or discrepancy.
23. NOTICE
23.1 By using the Platform, you accept and consent that communication with us will be electronic. We will contact you by email or provide you with information by posting notices on the Platform.
23.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
23.3 Notice will be deemed received and properly served immediately when posted on the Platform, 24 hours after an email is sent. As proof of service, it is sufficient that for emails, the email was sent to the specified email address.
24. NO WAIVER
24.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
24.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
24.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
25. FORCE MAJEURE
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to: acts of god; natural disasters; sabotage; accident; riot; shortage of supplies, equipment, and materials; strikes and lockouts; civil unrest; computer hacking; or malicious damage.
26. ASSIGNMENT
26.1 Keeping Me On Track may assign its rights or obligations under this Agreement without your consent.
26.2 You may not assign its rights or obligations under this Agreement without the prior written consent of Keeping Me On Track. The Parties acknowledge and agree that:
(a) you must include the assignment of this Agreement as a condition of any sale of its Business; and
(b) Keeping Me On Track may impose requirements to give its consent to the assignment.
27. SEVERABILITY
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
28. ENTIRE AGREEMENT
28.1 These Terms and the documents expressly referred to in them, constitute the entire agreement between you and Platform, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Platform.
28.2 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
29. GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of New South Wales, Australia
30. UPDATES TO THESE TERMS
30.1 We reserve the right, in our discretion, to correct any errors or omissions in any part of the Platform. We may restrict access to parts or the entire Platform at any time, including, but not limited to, content, certain features, hours of availability, and equipment needed for access or use, without notice or liability.
30.2 Any material on the Platform may be out of date at any given time and we are under no obligation to update such material.
30.3 We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Platform and will be effective immediately, unless expressed otherwise.
30.4 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Platform. Your continued use of the Platform will be deemed as your acceptance thereof.
30.5 We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.
Terms last updated on: 1st October 2021