Terms of service

These terms govern access to and use of the websites and software of CommTrack Pty Ltd (ABN 46 694 019 782) (“CommTrack”, “we”, “us”), including the CommTrack application available at app.commtrack.com.au (the “Service”). By accessing the Service you agree to these terms. Where a client organisation has entered into a separate written agreement with CommTrack, that agreement prevails to the extent of any inconsistency.

1. The Service

CommTrack is a commodity sales management system that records and manages shipment, outturn, allocation, settlement and related commercial information for metals producers. The Service is provided to client organisations under a subscription, for use by their authorised users.

2. Accounts and access

• Access is granted to named users authorised by the client organisation.
• You are responsible for keeping your credentials confidential and for activity that occurs under your account.
• You must notify us promptly of any suspected unauthorised access.

3. Client data

Data entered into the Service by a client organisation remains the property of that organisation. The client grants CommTrack a licence to host and process that data solely to provide, secure, support and improve the Service. On termination, we will make client data available for export for a reasonable period before deletion, in accordance with the client's subscription agreement.

4. Acceptable use

• Do not use the Service unlawfully, or in a way that disrupts or degrades it for others.
• Do not attempt to access data belonging to another organisation.
• Do not reverse engineer, copy or resell the Service except as permitted by law.

5. Availability and support

We aim to keep the Service available continuously, but do not guarantee uninterrupted operation. Planned maintenance will be scheduled to minimise disruption where practicable. Support is available at clientservices@commtrack.com.au.

6. Intellectual property

CommTrack retains all intellectual property rights in the Service, including its software, design and documentation. These terms grant no rights in the Service other than the right to use it in accordance with a current subscription.

7. Disclaimers

The Service records and organises information supplied by its users; it does not provide financial, accounting, legal or investment advice. Clients remain responsible for the accuracy of the data they enter and for their own financial reporting and compliance obligations.

8. Liability

To the maximum extent permitted by law, CommTrack excludes all liability for indirect or consequential loss arising from use of the Service. Nothing in these terms excludes, restricts or modifies any consumer guarantee or other right that cannot lawfully be excluded, including under the Australian Consumer Law; our liability is otherwise limited, at our election, to re-supplying the Service or paying the cost of having it re-supplied.

9. Suspension and termination

We may suspend or terminate access for material breach of these terms, non-payment, or where required to protect the security or integrity of the Service. The client may terminate in accordance with its subscription agreement.

10. Governing law

These terms are governed by the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia and the Commonwealth courts competent to hear appeals from them.

11. Changes

We may update these terms from time to time. The current version will always be available on this page, with the date of the last update shown above. Continued use of the Service after an update constitutes acceptance of the revised terms.

12. Contact

CommTrack Pty Ltd
Email: clientservices@commtrack.com.au