These Products & Services Terms ("Terms") apply to all products, software, cloud services and professional services supplied by ShotTrack Pty Ltd ("ShotTrack", "we", "our" or "us").
By requesting a quotation, placing an order, accepting a quotation, purchasing a product, subscribing to a service or using any ShotTrack product or service, you agree to these Terms.
These Terms operate together with our Privacy Policy, Website Terms of Use and any written quotation, proposal, service agreement or order accepted by ShotTrack. Where a separate written agreement expressly overrides these Terms, that agreement will prevail to the extent of any inconsistency.
1. Definitions
For these Terms:
Account means a registered customer account used to access ShotTrack software or cloud services.
Authorised User means a person authorised by the Customer to access or use the Products or Services.
Cloud Services means the hosted software, databases, analytics, APIs, dashboards and online services provided by ShotTrack, including the ShockAI platform.
Customer means the individual, company or organisation purchasing or using Products or Services.
Documentation means user manuals, operating guides, technical specifications and other documentation published by ShotTrack.
Firmware means software permanently embedded within Hardware.
Hardware means any physical equipment manufactured or supplied by ShotTrack including vibration monitors, Velocity of Detonation equipment, gateways, sensors, accessories and associated components.
Intellectual Property Rights means all current and future intellectual property rights including copyright, patents, registered designs, trademarks, trade secrets, confidential information, database rights and know-how.
Order means a purchase order, quotation acceptance, online purchase or any other method accepted by ShotTrack for supplying Products or Services.
Products means Hardware, Firmware, Software and associated accessories supplied by ShotTrack.
Services means cloud services, subscriptions, calibration, repairs, training, consulting, technical support and any other services supplied by ShotTrack.
Software means desktop software, mobile applications, web applications, firmware updates, APIs and cloud applications supplied by ShotTrack.
2. Application of These Terms
These Terms apply to every Order unless otherwise agreed in writing.
The Customer's own purchasing terms, procurement conditions or standard terms do not apply unless expressly accepted by ShotTrack in writing.
Acceptance of delivery, payment of an invoice or use of any Product or Service constitutes acceptance of these Terms.
3. Products and Services
ShotTrack supplies technology and services including but not limited to:
- Blast vibration monitoring systems
- Velocity of Detonation measurement equipment
- Ground vibration monitoring systems
- Environmental monitoring systems
- Sensors and accessories
- Calibration services
- Equipment servicing and repairs
- Technical support
- Software applications
- ShockAI cloud services
- Data analytics
- Artificial intelligence analysis services
- Engineering consulting
- Training services
- Other products or services offered from time to time.
Products may change without notice as part of ongoing product development.
Published specifications are subject to improvement and refinement.
4. Quotations
Unless otherwise stated:
- quotations remain valid for thirty (30) days;
- prices are subject to stock availability;
- freight, insurance, customs duties and taxes are additional unless expressly included;
- quotations are confidential and intended solely for the recipient.
ShotTrack may withdraw or amend any quotation before acceptance.
5. Orders
An Order is not binding until accepted by ShotTrack.
ShotTrack may decline any Order without providing reasons.
Once accepted, cancellations or changes may incur costs already committed by ShotTrack including manufacturing, procurement, engineering or freight expenses.
Custom-built products, configured systems and special-order items are generally non-cancellable once production has commenced.
6. Pricing
Unless otherwise stated:
- all prices are in Australian Dollars;
- GST is additional where applicable;
- international customers are responsible for import duties, taxes and customs charges;
- exchange rate variations may apply where pricing is based upon foreign currency purchases.
Published pricing may change without notice.
Pricing errors may be corrected prior to shipment.
7. Payment
Invoices are payable in accordance with the payment terms shown on the quotation or invoice.
Where no payment terms are specified, payment is due prior to shipment.
ShotTrack may:
- suspend deliveries;
- suspend cloud access;
- suspend technical support; or
- cancel future Orders
if payments become overdue.
Interest may be charged on overdue accounts at the maximum rate permitted by law.
The Customer is responsible for all reasonable recovery costs associated with overdue accounts.
8. Delivery
Delivery dates are estimates only.
ShotTrack will use reasonable efforts to meet estimated delivery dates but does not guarantee them.
ShotTrack is not liable for delays caused by:
- component shortages;
- shipping delays;
- customs clearance;
- natural disasters;
- industrial action;
- government restrictions;
- supplier delays;
- transport disruptions; or
- events beyond ShotTrack's reasonable control.
Partial deliveries may occur.
9. Title and Risk
Risk passes to the Customer upon delivery to the nominated delivery address or collection by the nominated carrier.
Ownership of Products remains with ShotTrack until payment has been received in full.
Until ownership transfers, the Customer must:
- properly protect the Products;
- insure the Products;
- not sell or dispose of the Products without written consent where payment remains outstanding.
ShotTrack reserves all rights available under applicable Personal Property Securities legislation where applicable.
10. Inspection and Acceptance
The Customer must inspect Products immediately upon delivery.
Any claim relating to:
- freight damage;
- shortages;
- incorrect Products; or
- visible defects
must be notified in writing within seven (7) days of delivery.
Failure to notify within this period constitutes acceptance of the Products except where Australian Consumer Law provides otherwise.
11. Hardware Products
ShotTrack Hardware is designed for professional industrial use in mining, construction, tunnelling, quarrying, civil engineering, infrastructure, research and other approved applications.
Unless otherwise agreed in writing, all Hardware is supplied in accordance with the published specifications current at the time of manufacture.
Product specifications, dimensions, appearance, firmware, electronics, software functionality and accessories may change without notice as part of ongoing product improvement, provided the overall functionality of the Product is not materially reduced.
The Customer acknowledges that measurement equipment is intended to assist qualified personnel and does not replace professional engineering judgement, site-specific risk assessments or regulatory compliance obligations.
The Customer is responsible for ensuring that Hardware is:
- installed correctly;
- maintained in accordance with the Documentation;
- operated by suitably trained personnel;
- used within its published operating limits;
- protected from misuse, abuse and environmental damage.
ShotTrack is not responsible for inaccurate measurements resulting from incorrect installation, damaged sensors, unsuitable mounting, incorrect configuration, poor environmental conditions, interference from third-party equipment or operation outside the published specifications.
12. Firmware
Firmware supplied with ShotTrack Hardware forms part of the Product and is licensed, not sold.
ShotTrack retains all ownership and Intellectual Property Rights in all Firmware.
The Customer must not:
- copy Firmware except for lawful backup purposes;
- reverse engineer Firmware;
- decompile Firmware;
- modify Firmware;
- remove security protections;
- attempt to extract source code;
- circumvent licensing mechanisms.
Firmware updates may be supplied from time to time to improve reliability, functionality, compatibility or security.
Some updates may require installation before continued use of certain services.
13. Software Licence
Subject to these Terms and payment of all applicable fees, ShotTrack grants the Customer a limited, non-exclusive, non-transferable and revocable licence to use the Software solely for the Customer's internal business purposes.
The licence does not permit the Customer to:
- sublicense the Software;
- distribute the Software;
- rent the Software;
- lease the Software;
- resell the Software;
- provide the Software as a hosted service;
- create derivative works;
- remove copyright notices;
- remove licence information;
- bypass authentication mechanisms.
All rights not expressly granted remain reserved by ShotTrack.
14. ShockAI Cloud Services
Where the Customer subscribes to ShockAI or any other ShotTrack cloud platform, access is provided as a subscription service.
The Customer receives access only to the subscription features included within the selected plan.
ShotTrack may introduce new features, modify existing functionality or retire obsolete functionality as part of ongoing product development.
Where practical, material changes affecting customer workflows will be communicated in advance.
ShotTrack may perform scheduled maintenance from time to time.
Reasonable efforts will be made to minimise service interruptions.
ShotTrack does not guarantee uninterrupted or error-free cloud availability.
15. User Accounts
The Customer is responsible for:
- maintaining secure passwords;
- controlling user access;
- removing users who no longer require access;
- ensuring users comply with these Terms.
The Customer remains responsible for all activity occurring under its Account.
ShotTrack may suspend Accounts where there is reasonable suspicion of:
- unauthorised access;
- security breaches;
- fraudulent activity;
- unlawful activity;
- excessive system abuse.
16. Subscription Services
Subscriptions commence on the agreed commencement date.
Subscription fees are payable in advance unless otherwise agreed.
Unless expressly stated otherwise:
- subscriptions renew automatically for successive billing periods;
- subscription fees may change upon renewal with reasonable prior notice;
- unused subscription periods are not refundable except where required by law.
Where subscription fees remain unpaid, ShotTrack may suspend access until payment has been received.
Suspension does not relieve the Customer of payment obligations.
17. Usage Limits
Subscription plans may include limits relating to:
- users;
- connected devices;
- storage capacity;
- uploaded files;
- project numbers;
- processing volumes;
- AI processing credits;
- reporting features;
- integrations;
- API usage.
Where usage exceeds subscription limits, additional fees may apply or access may be restricted until an upgraded subscription is selected.
ShotTrack will use reasonable efforts to notify Customers before applying material restrictions.
18. Software Updates
ShotTrack may release updates including:
- bug fixes;
- security improvements;
- compatibility updates;
- new functionality;
- performance improvements.
Some updates may install automatically.
Where updates require customer action, reasonable notice will normally be provided.
Older software versions may eventually become unsupported.
19. Beta Features
From time to time ShotTrack may provide early-access features, trial software or beta functionality.
Beta services are supplied for evaluation purposes only.
Beta functionality may:
- change without notice;
- contain defects;
- produce unexpected results;
- be withdrawn at any time.
ShotTrack provides no guarantee regarding availability or ongoing support of beta features.
Customer feedback relating to beta services may be used by ShotTrack to improve future releases.
20. Artificial Intelligence and Analytics
ShotTrack products may include artificial intelligence, machine learning or advanced analytics designed to assist users in interpreting monitoring data.
AI-generated outputs are intended to support decision-making and must not be relied upon as the sole basis for operational, engineering, safety or regulatory decisions.
The Customer remains responsible for independently verifying all recommendations, predictions and analytical outputs.
Unless expressly agreed in writing:
- AI models may improve over time through general system enhancements;
- Customer data is not used to train shared AI models without the permissions described in ShotTrack's Privacy Policy and AI & Data Policy;
- site-specific models developed under separate commercial agreements remain subject to those agreements.
Predictions, classifications and recommendations generated by AI are probabilistic in nature and should not be interpreted as guarantees of future performance or outcomes.
Where AI or ML functionality is provided on an early access or beta basis, clause 19 (Beta Features) also applies.
To the maximum extent permitted by law, ShotTrack's liability for any loss or damage arising from AI-generated, ML-generated or analytics-generated outputs is subject to the limitations set out in clause 34, and ShotTrack excludes all liability for decisions made in reliance on such outputs without independent verification as required above.
21. Customer Responsibilities
The Customer agrees to:
- provide accurate information when creating projects;
- ensure authorised personnel operate the Products;
- comply with all applicable laws;
- comply with workplace health and safety requirements;
- maintain appropriate backups of exported reports and data;
- maintain reliable internet connectivity where cloud services are required;
- promptly install critical security updates where instructed;
- notify ShotTrack of suspected security incidents affecting the Customer's Account.
Failure to comply with these obligations may affect Product performance and support eligibility.
22. Acceptable Use
The Customer must not use any Product or Service to:
- violate any law;
- infringe Intellectual Property Rights;
- interfere with system security;
- introduce malware;
- gain unauthorised access to systems;
- disrupt services used by other customers;
- conduct penetration testing without written approval;
- transmit unlawful, offensive or malicious content;
- impersonate another person or organisation;
- engage in fraudulent or deceptive conduct.
ShotTrack may immediately suspend access where it reasonably believes these Terms have been breached or where continued access presents a security risk.
23. Technical Support
Technical support is provided in accordance with the applicable subscription, warranty or service agreement.
Support may include:
- email assistance;
- telephone support;
- remote diagnostics;
- firmware updates;
- software troubleshooting;
- cloud platform assistance.
Support does not include customer-specific engineering design, on-site consulting, third-party equipment configuration or operator training unless separately purchased.
24. Professional Services
Where ShotTrack provides consulting, engineering assistance, data interpretation, training or other professional services:
- such services are performed using reasonable care and skill;
- recommendations are based upon the information made available at the time;
- implementation decisions remain the responsibility of the Customer.
Professional services do not constitute engineering certification unless expressly stated in writing.
25. Customer Data
The Customer retains ownership of all data, measurements, project information, reports, images, documents and other content uploaded to or generated through the Products and Services ("Customer Data").
ShotTrack does not claim ownership of Customer Data.
The Customer grants ShotTrack a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, back up and otherwise use Customer Data solely for the purpose of:
- providing the Products and Services;
- maintaining system security and integrity;
- performing backups and disaster recovery;
- delivering technical support;
- complying with legal obligations; and
- improving system performance where such use is consistent with the Customer's privacy settings and applicable law.
The Customer warrants that it has all necessary rights and permissions to upload and use Customer Data and that doing so does not infringe the rights of any third party.
26. Data Security
ShotTrack implements administrative, technical and physical safeguards designed to protect Customer Data from unauthorised access, disclosure, alteration and destruction.
While reasonable security measures are maintained, no internet-based service can be guaranteed to be completely secure.
Customers are responsible for maintaining the security of their own systems, devices, passwords and user credentials.
If ShotTrack becomes aware of a security incident affecting Customer Data, we will respond in accordance with our internal incident management procedures and applicable legal obligations.
27. Privacy
Personal information is collected, used, disclosed and stored in accordance with the ShotTrack Privacy Policy.
Where Products or Services involve the processing of personal information, each party agrees to comply with applicable privacy legislation, including the Privacy Act 1988 (Cth) where applicable.
The Customer is responsible for ensuring that it has obtained all necessary consents required for the collection and processing of personal information submitted through the Services.
28. Intellectual Property
All Intellectual Property Rights in the Products and Services remain vested in ShotTrack or its licensors.
This includes, without limitation:
- Hardware designs;
- electronic circuit designs;
- firmware;
- software;
- source code;
- object code;
- databases;
- cloud platforms;
- algorithms;
- artificial intelligence models;
- documentation;
- graphics;
- reports;
- trademarks;
- logos;
- product names;
- methodologies;
- engineering processes;
- calibration procedures;
- technical know-how.
Except for the limited licences expressly granted under these Terms, no Intellectual Property Rights are transferred to the Customer.
The Customer must not copy, reproduce, adapt, distribute, commercialise or otherwise exploit any part of the Products or Services except as expressly permitted by law or by written agreement with ShotTrack.
29. Feedback
ShotTrack welcomes suggestions, feature requests and other feedback.
Unless otherwise agreed in writing, the Customer grants ShotTrack the unrestricted right to use, modify, implement and commercialise any feedback provided without payment or attribution.
This clause does not transfer ownership of the Customer's confidential information.
30. Confidentiality
Each party agrees to keep confidential all non-public business, commercial and technical information obtained from the other party.
Confidential Information includes, without limitation:
- pricing;
- quotations;
- engineering information;
- software;
- product roadmaps;
- technical documentation;
- commercial strategies;
- source code;
- security information;
- customer lists;
- business processes.
Confidential Information may only be used for purposes directly related to the Products or Services.
This obligation does not apply where information:
- is already publicly available through no fault of the receiving party;
- was lawfully known before disclosure;
- is independently developed without reference to the confidential information; or
- must be disclosed by law or court order.
The confidentiality obligations continue for five (5) years after termination of these Terms, except for trade secrets, which remain confidential for so long as they retain their confidential nature.
31. Warranty
Subject to Australian Consumer Law, ShotTrack warrants that new Hardware supplied by ShotTrack will be free from defects in materials and workmanship for the published warranty period applicable to the Product.
The warranty does not apply where defects arise from:
- misuse;
- abuse;
- neglect;
- improper installation;
- unauthorised repair;
- unauthorised modification;
- accidents;
- exposure to unsuitable environmental conditions;
- incorrect maintenance;
- use outside published specifications;
- normal wear and tear;
- consumable components.
Where a valid warranty claim is accepted, ShotTrack may, at its discretion:
- repair the Product;
- replace the Product;
- replace defective components; or
- refund the purchase price where repair or replacement is not reasonably available.
Warranty remedies are provided in addition to rights available under Australian Consumer Law.
32. Calibration and Measurement Accuracy
Measurement equipment should be periodically calibrated in accordance with ShotTrack recommendations and industry practice.
Published accuracy specifications apply only where Products are:
- correctly installed;
- maintained;
- calibrated where required;
- operated within published specifications.
Environmental conditions, installation methods, mounting arrangements, cable quality, sensor positioning and third-party equipment may affect measurement accuracy.
ShotTrack does not warrant that measurements will remain within published tolerances where these factors are outside its control.
32A. Native Measurements, Derived Calculations and Unit Conversions
ShotTrack Hardware is designed to natively measure specific physical quantities, including acceleration. Native measurements represent the most direct and reliable output of ShotTrack Hardware.
Certain reported values, including but not limited to velocity, displacement, peak particle velocity (PPV), frequency domain analysis, dominant frequency determination, and other converted, filtered, integrated, differentiated or otherwise derived metrics, are calculated from native measurements using ShotTrack's algorithms and are provided on a best efforts basis.
The Customer acknowledges that:
- conversion of acceleration to velocity, displacement or any other derived value involves additional signal processing beyond the native measurement, and displacement in particular involves a greater degree of processing than velocity, which may increase sensitivity to drift, noise and other error sources;
- frequency domain analysis, dominant frequency determination and related outputs are derived from sampled data and are reliable only within the published bandwidth of the specific Hardware model; content at or beyond the edges of that bandwidth may not be captured or resolved accurately;
- the accuracy of derived or converted values may be affected by factors including sensor placement, site conditions, signal noise, frequency content outside calibrated bandwidths, and other environmental or operational factors outside ShotTrack's control;
- outlying or atypical site conditions may cause derived or converted values to fall outside expected tolerances, even where native measurements remain accurate.
ShotTrack does not warrant that derived or converted measurements, including velocity, displacement and frequency domain outputs calculated from acceleration data, will be accurate in all circumstances. Customers relying on derived measurements for compliance, regulatory or safety purposes should exercise independent professional judgement, particularly where derived values approach compliance thresholds or limits.
Reports, analysis, summaries and other outputs generated by ShockAI or other ShotTrack software from native or derived measurements are subject to the same limitations described in this clause and in clause 20 (Artificial Intelligence and Analytics).
This clause is subject to the limitations of liability set out in clause 34.
33. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty or other right or remedy implied by the Competition and Consumer Act 2010 (Cth) or any other law where such rights cannot lawfully be excluded.
Where permitted by law, ShotTrack limits its liability for breach of any non-excludable guarantee to one or more of the following, at ShotTrack's option:
- repair of the goods;
- replacement of the goods;
- supply of equivalent goods;
- payment of the cost of repairing or replacing the goods;
- re-supply of the services; or
- payment of the cost of having the services supplied again.
34. Limitation of Liability
To the maximum extent permitted by law, ShotTrack is not liable for any indirect, incidental, consequential, exemplary or special loss or damage, including loss of:
- profits;
- production;
- contracts;
- goodwill;
- anticipated savings;
- opportunity;
- reputation;
- business interruption;
- data;
- use of equipment;
- AI, ML or analytics-generated output errors;
- derived or converted measurement errors.
ShotTrack's aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), equity or otherwise, is limited to the total amount paid by the Customer for the relevant Product or Service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to liability.
The limitations in this clause do not apply to liability that cannot lawfully be excluded.
35. Indemnity
The Customer indemnifies ShotTrack against any claim, loss, liability, damage or expense arising from:
- misuse of the Products or Services;
- operation outside published specifications;
- unauthorised modifications;
- breach of these Terms;
- infringement arising from Customer Data;
- negligent or unlawful conduct by the Customer or its personnel;
- acting upon AI-generated, ML-generated, derived or converted measurement outputs without independent verification as required under clause 20 and clause 32A.
This indemnity is reduced to the extent that ShotTrack materially contributed to the relevant loss.
36. Suspension
ShotTrack may suspend access to Products or Services immediately where reasonably necessary to:
- protect system security;
- prevent unlawful activity;
- comply with legal obligations;
- investigate suspected misuse;
- protect other customers;
- perform emergency maintenance;
- respond to unpaid accounts.
Where reasonably practicable, ShotTrack will provide prior notice of planned suspensions.
37. Termination
Either party may terminate an ongoing subscription or service agreement in accordance with the applicable Order or written agreement.
ShotTrack may terminate these Terms immediately where the Customer:
- commits a material breach that is not remedied within thirty (30) days after written notice;
- becomes insolvent;
- enters liquidation or administration;
- repeatedly breaches these Terms;
- engages in unlawful conduct relating to the Products or Services.
Termination does not affect accrued rights, payment obligations or provisions intended to survive termination.
38. Force Majeure
ShotTrack is not liable for any delay or failure to perform its obligations under these Terms where the delay or failure results from circumstances beyond its reasonable control.
Such circumstances include, but are not limited to:
- natural disasters;
- fire;
- flood;
- severe weather events;
- pandemic or epidemic;
- war;
- terrorism;
- civil unrest;
- industrial disputes;
- labour shortages;
- government action or regulation;
- import or export restrictions;
- component shortages;
- utility failures;
- telecommunications failures;
- internet outages;
- cyber attacks;
- transportation delays; and
- failures of third-party suppliers or service providers.
ShotTrack will use reasonable efforts to minimise the impact of any Force Majeure event and resume performance as soon as reasonably practicable.
Where a Force Majeure event continues for more than ninety (90) consecutive days, either party may terminate the affected Order by written notice without liability for future performance.
39. Export Compliance
The Customer acknowledges that certain Products, Software, technical data or services may be subject to Australian export controls or the export control laws of other jurisdictions.
The Customer agrees to comply with all applicable import, export, sanctions and trade compliance laws.
The Customer must not export, re-export, transfer or provide Products or Software to any country, entity or individual where doing so would breach applicable law.
Where an export permit or government approval is required, the Customer agrees to provide all information reasonably requested by ShotTrack to facilitate compliance.
40. Compliance with Laws
The Customer is responsible for ensuring that its use of the Products and Services complies with all applicable laws, regulations, industry standards and permit conditions relevant to its operations.
This includes, where applicable:
- mining legislation;
- workplace health and safety legislation;
- environmental legislation;
- privacy legislation;
- telecommunications requirements;
- transport regulations; and
- any site-specific operational requirements.
ShotTrack does not warrant that the Products or Services alone will satisfy any regulatory obligation applicable to the Customer.
41. Assignment
The Customer must not assign, transfer, novate or otherwise deal with its rights or obligations under these Terms without the prior written consent of ShotTrack.
ShotTrack may assign or transfer its rights and obligations to a related body corporate or as part of a merger, acquisition, corporate restructure or sale of business, provided that the Customer's rights under these Terms are not materially reduced.
42. Subcontractors
ShotTrack may engage subcontractors, consultants, service providers, distributors or affiliated entities to perform obligations under these Terms.
ShotTrack remains responsible for the performance of obligations undertaken on its behalf.
43. Notices
Any notice given under these Terms must be in writing.
Notices may be provided by:
- email;
- registered post;
- recognised courier service; or
- another written method agreed between the parties.
A notice is deemed received:
- if sent by email, at the time it is sent to the correct email address, provided no delivery failure notification is received, or where sent after 5.00 pm (recipient's local time) on a Business Day, at 9.00 am on the next Business Day;
- if sent by registered post within Australia, three (3) Business Days after posting;
- if sent internationally by registered post or courier, seven (7) Business Days after dispatch unless earlier receipt is confirmed.
The Customer is responsible for ensuring its contact details remain current.
44. Electronic Communications
The Customer consents to receiving invoices, quotations, service notifications, product updates, security notices and other communications electronically.
Electronic communications satisfy any legal requirement that communications be provided in writing unless applicable law requires otherwise.
45. Entire Agreement
These Terms, together with any accepted quotation, Order, service agreement, licence agreement or other written agreement expressly incorporated by reference, constitute the entire agreement between the parties in relation to their subject matter.
They replace all prior negotiations, discussions, understandings and representations relating to that subject matter.
46. Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be severed to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
47. Waiver
A failure or delay by either party to exercise a right under these Terms does not operate as a waiver of that right.
Any waiver must be in writing and applies only to the specific matter for which it is given.
48. Variation
ShotTrack may update these Terms from time to time.
Where changes materially affect existing Customers, reasonable notice will be provided through the ShotTrack website, customer portal, email or another appropriate communication method.
Continued use of the Products or Services after the effective date of updated Terms constitutes acceptance of those updated Terms, except where a separate written agreement provides otherwise.
49. Survival
The following clauses survive termination or expiry of these Terms to the extent necessary to give them continuing effect:
- payment obligations;
- intellectual property;
- confidentiality;
- warranties;
- limitation of liability;
- indemnities;
- dispute resolution;
- governing law;
- any other provision intended by its nature to survive termination.
50. Governing Law
These Terms are governed by the laws of the State of New South Wales, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.
Nothing in this clause prevents either party from seeking urgent interlocutory or equitable relief in any court of competent jurisdiction.
51. Contact Details
Questions regarding these Terms or the Products and Services may be directed to:
ShotTrack Pty Ltd
ABN: 43 168 396 183
Unit 4, 21–23 Hurley Drive
Coffs Harbour NSW 2450
Australia
Email: info@shottrack.com.au
Website: https://shottrack.com.au
Document Hierarchy
These Products & Services Terms form part of the ShotTrack Legal & Trust Framework and should be read together with the following documents where applicable:
- Website Terms of Use
- Privacy Policy
- Cookie Policy
- AI & Data Policy
- Acceptable Use Policy
- Warranty Policy
- Returns & Repairs Policy
- Subscription Terms
- Distributor & Reseller Terms and Partner Terms
- Any applicable Quotation, Statement of Work, Service Agreement or Order Confirmation