Terms and Conditions of MEPTrack (v1.12)
By registering for and using MEPTrack (the “Service”, “Platform”, or
“Website”), you agree to be bound by these Terms and Conditions.
If you do not agree, you must not use the Service. Failure to comply with these Terms
may result in suspension or termination of your account.
1. Cookies
MEPTrack uses cookies to support essential functionality, including user authentication
and usage analytics. Third-party cookies may be set by services we use, including
Google Analytics and Stripe. By using the Website, you consent to the use of such cookies
in accordance with this policy.
2. Privacy and Data Protection
All data transmitted to and from the Website is protected using SSL encryption.
Stored data is encrypted where appropriate to help safeguard user information.
MEPTrack acts as a data processor under applicable data protection laws,
including GDPR. Payment information is handled exclusively by Stripe; MEPTrack does not
store or process payment card details.
We will never ask for your password. We may use anonymised and aggregated data to improve
platform performance, reliability, and user experience.
3. Marketing Communications
We do not sell or share your personal or company information with third parties for
marketing purposes. We may occasionally send communications related to MEPTrack
products, features, or updates. You may opt out of marketing communications at any time.
4. Subscriptions and Billing
Access to MEPTrack features requires an active subscription. Subscriptions are billed on
a month-to-month basis unless otherwise stated and are non-refundable,
including for partial billing periods or unused time.
We reserve the right to change subscription pricing with reasonable notice.
5. Data Retention
Active, subscribed accounts benefit from ongoing data retention. Accounts that remain
inactive for a continuous period of more than 12 months may have their
data permanently deleted. It is your responsibility to ensure that required data is
exported prior to inactivity or account closure.
6. Registration and Accounts
By registering, you confirm that you are authorised to act on behalf of the company or
organisation entered during the setup process. All additional users created under your
account are subject to these Terms, and you are responsible for their compliance.
7. Availability, Bugs, and Support
MEPTrack is provided on an “as-is” and “as-available” basis.
While we aim to provide a reliable and stable service, uninterrupted availability is
not guaranteed.
We will use commercially reasonable efforts to address material defects
or issues reported through supported channels. We do not guarantee resolution times or
that all issues will be corrected.
Scheduled maintenance, updates, and third-party service dependencies may result in
temporary unavailability.
8. Limitations and Exclusions of Liability
To the fullest extent permitted by law, MEPTrack shall not be liable for any business
losses, including (without limitation) loss of profits, revenue, income, contracts,
anticipated savings, goodwill, or commercial opportunity.
We shall not be liable for any loss of or corruption to data, databases, or software,
nor for any indirect, special, incidental, or consequential damages arising from use
of the Service.
9. Data Integrity and Input Responsibility
You are responsible for ensuring that all data submitted to MEPTrack is accurate,
complete, and conforms to the formats and specifications outlined in our documentation.
MEPTrack accepts no responsibility for errors arising from malformed or incorrect data input.
10. Changes to These Terms
We may update these Terms from time to time. Where you have previously provided explicit
agreement, we will request acceptance of materially revised Terms before they take effect.
LIMITATION OF LIABILITY
1. Disclaimer of Warranties
Except as expressly stated in these Terms, the Services are provided “as is” and “as available.”
To the maximum extent permitted by law, the Company disclaims all implied warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Uninterrupted or error-free operation
Nothing in these Terms excludes guarantees that cannot be excluded under the Australian Consumer Law.
2. Exclusion of Certain Damages
To the maximum extent permitted by law, the Company shall not be liable for:
-
Indirect damages
- Consequential damages
- Special damages
- Incidental damages
- Exemplary or punitive d
amages
- Loss of profits
- Loss of revenue
- Loss of data
- Loss of business opportunity
- Business interruption
Even if advised of the possibility of such damages.
3. Aggregate Liability Cap
To the maximum extent permitted by law, the Company’s total aggregate liability arising out of or relating to the Services shall not exceed:
The total fees paid by the Customer in the twelve (12) months immediately preceding the event giving rise to the claim.
If the claim arises during the first 12 months of subscription, liability is capped at the total fees paid to date.
4. Carve-Outs (Market-Standard)
The above limitations do not apply to:
-
Liability that cannot legally be excluded
- Fraud or wilful misconduct
- Customer payment obligations
INDEMNITY CLAUSE
1. Customer Indemnity
The Customer shall indemnify, defend, and hold harmless the Company, its directors, officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
-
The Customer’s use of the Services in breach of these Terms
-
The Customer Data
-
Violation of applicable laws or regulations by the Customer
-
Infringement of third-party rights arising from Customer Data
-
Any integration, configuration, or modification of the Services not performed by the Company
2. Conditions of Indemnification
The Company must:
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Promptly notify the Customer of the claim
-
Provide reasonable cooperation (at Customer’s expense)
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Allow the Customer to control the defence and settlement
-
The Customer may not settle any claim that imposes liability or admission of fault on the Company without prior written consent.