These Website Terms of Use ("Terms") govern access to and use of the ShotTrack website and all associated online services operated by ShotTrack Pty Ltd ("ShotTrack", "we", "our" or "us").
By accessing or using this 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 discontinue use of the website.
These Terms apply in addition to our Privacy Policy, Cookie Policy, Products & Services Terms and any other applicable legal agreements published by ShotTrack.
1. About This Website
The ShotTrack website provides information relating to our products, services, software, cloud platform, distributors, technical resources, support services and company information.
The website may also provide access to:
- customer accounts;
- software downloads;
- documentation;
- firmware updates;
- training resources;
- product registration;
- support services;
- online purchasing;
- quotation requests;
- the ShockAI platform; and
- other online services operated by ShotTrack.
Not all services are available in every country or region.
2. Eligibility
By using this website you represent that:
- you have legal capacity to enter into binding agreements;
- you are using the website for lawful purposes;
- any information you provide is accurate and complete; and
- you will comply with these Terms and all applicable laws.
If you access the website on behalf of an organisation, you warrant that you have authority to bind that organisation to these Terms.
3. Changes to These Terms
ShotTrack may amend these Terms from time to time.
Updated Terms become effective when published on this website unless otherwise stated.
Your continued use of the website after changes are published constitutes acceptance of the revised Terms.
4. Website Availability
We aim to keep the website available at all times.
However, we do not guarantee uninterrupted access.
The website may be unavailable due to:
- scheduled maintenance;
- emergency maintenance;
- software updates;
- internet outages;
- cyber security events;
- telecommunications failures;
- third-party hosting issues; or
- circumstances beyond our reasonable control.
ShotTrack may suspend access without notice where reasonably necessary to protect the security, integrity or operation of the website.
5. Website Content
Information published on this website is provided for general information purposes only.
Although reasonable care is taken to ensure accuracy, ShotTrack does not warrant that website content is:
- complete;
- accurate;
- current;
- suitable for a particular purpose; or
- free from errors.
Technical specifications, product images, performance data and feature descriptions may change without notice as products continue to evolve.
Nothing on this website constitutes engineering advice, professional advice or a recommendation for any particular project or application.
Users should seek appropriate professional advice before relying upon technical information contained on this website.
6. Product Information
Product descriptions, specifications and performance information are provided to assist customers in understanding our products.
Actual performance may vary depending on:
- installation;
- operating conditions;
- environmental factors;
- user configuration;
- calibration status;
- maintenance practices;
- integration with third-party systems.
Published specifications are subject to change without notice as part of ongoing product development.
The availability of particular products, accessories or services may vary by location.
7. Quotations and Pricing
Any pricing displayed on the website is provided for general information only unless expressly stated otherwise.
Published pricing does not constitute a binding offer.
Quotations remain subject to written confirmation by ShotTrack.
Freight charges, taxes, duties, installation costs and other applicable charges may apply in addition to published prices.
All sales remain subject to the applicable Products & Services Terms.
8. Orders
Submitting an enquiry, quotation request or online order does not create a binding contract.
Orders become binding only after acceptance by ShotTrack.
ShotTrack reserves the right to refuse or cancel any order before acceptance.
9. Customer Accounts
Some areas of the website require registration.
Where an account is created, you agree to:
- keep your login credentials secure;
- maintain accurate account information;
- immediately notify ShotTrack of unauthorised account use;
- ensure all authorised users comply with these Terms.
You are responsible for all activity undertaken using your account credentials.
ShotTrack may suspend or terminate accounts where misuse, fraud, security concerns or breaches of these Terms are reasonably suspected.
10. Downloads
The website may provide software, firmware, documentation, reports and other downloadable material.
Unless otherwise stated:
- downloads remain subject to applicable licence agreements;
- documentation may not be reproduced for commercial purposes without permission;
- software is licensed, not sold;
- firmware may only be installed on authorised ShotTrack equipment.
Users are responsible for ensuring downloaded files are appropriate for their equipment before installation.
11. Intellectual Property
Unless otherwise stated, all content made available on this website is owned by or licensed to ShotTrack and is protected by Australian and international intellectual property laws.
This includes, without limitation:
- the ShotTrack name;
- company logos;
- product names;
- trademarks;
- graphics;
- photographs;
- videos;
- illustrations;
- software;
- firmware;
- source code;
- object code;
- website design;
- page layouts;
- technical documentation;
- engineering drawings;
- brochures;
- specifications;
- reports;
- white papers;
- databases;
- downloadable resources;
- artificial intelligence models;
- algorithms;
- text;
- audio; and
- all other website content.
Nothing contained on this website transfers ownership of any Intellectual Property Rights to you.
Except as expressly permitted by law or with the prior written consent of ShotTrack, you must not:
- reproduce;
- copy;
- modify;
- adapt;
- publish;
- distribute;
- transmit;
- commercialise;
- create derivative works from;
- reverse engineer; or
- otherwise exploit
any website content.
You may download and print documentation solely for your own internal business use, provided all copyright and proprietary notices remain intact.
12. Acceptable Use
You must use this website lawfully and responsibly.
You must not:
- breach any applicable law;
- infringe the rights of another person;
- upload malicious software;
- introduce viruses or harmful code;
- interfere with website security;
- attempt unauthorised access to systems or data;
- probe, scan or test website vulnerabilities without written authorisation;
- disrupt website availability;
- overload website infrastructure;
- scrape website content using automated tools except where expressly permitted;
- use the website to distribute spam or unsolicited communications;
- impersonate another person or organisation;
- submit false or misleading information;
- use the website for fraudulent purposes; or
- engage in conduct that may damage the reputation of ShotTrack.
ShotTrack reserves the right to suspend or permanently block access where these Terms are breached.
13. User Content
Where the website allows users to submit enquiries, project information, comments, files, support requests or other material ("User Content"), you retain ownership of your User Content.
By submitting User Content, you grant ShotTrack a non-exclusive, worldwide, royalty-free licence to:
- receive;
- store;
- process;
- reproduce;
- transmit;
- analyse; and
- use
that content solely for the purposes of:
- responding to enquiries;
- providing products or services;
- technical support;
- account administration;
- improving website functionality;
- complying with legal obligations.
You warrant that:
- you own or have authority to submit the User Content;
- the content is accurate to the best of your knowledge;
- submission does not infringe the rights of any third party;
- the content does not contain malicious software.
ShotTrack may remove User Content that it reasonably considers unlawful, offensive, misleading or otherwise inconsistent with these Terms.
14. Third-Party Websites
This website may contain links to third-party websites for your convenience.
Such links do not constitute:
- endorsement;
- approval;
- recommendation; or
- sponsorship
of those third-party websites or their operators.
ShotTrack has no control over third-party websites and accepts no responsibility for their:
- content;
- availability;
- privacy practices;
- security;
- products;
- services; or
- accuracy.
Access to third-party websites is entirely at your own risk.
15. Third-Party Software and Services
Certain functionality may rely on software, services or infrastructure supplied by third parties.
These may include:
- cloud hosting providers;
- payment providers;
- mapping services;
- analytics services;
- authentication services;
- communication platforms; and
- artificial intelligence providers.
ShotTrack is not responsible for interruptions, failures or changes arising from third-party services beyond our reasonable control.
16. Security
ShotTrack takes reasonable steps to protect the security of this website.
However, no website or internet service can be guaranteed to be completely secure.
You are responsible for:
- maintaining appropriate cyber security measures;
- protecting your devices;
- safeguarding passwords;
- ensuring software is kept up to date.
If you believe your account or our website has been compromised, you must notify ShotTrack promptly.
17. Cookies
This website uses cookies and similar technologies to improve functionality, enhance security, analyse website usage and support customer services.
Further information regarding cookies is available in the ShotTrack Cookie Policy.
By continuing to use the website, you consent to the use of cookies in accordance with that policy where permitted by applicable law.
18. Privacy
Any personal information collected through this website is handled in accordance with the ShotTrack Privacy Policy.
Users should review the Privacy Policy to understand:
- what information is collected;
- how it is used;
- how it is stored;
- when it may be disclosed;
- available privacy rights.
Where applicable, users consent to the collection and processing of personal information for the purposes described in the Privacy Policy.
19. Artificial Intelligence Services
Certain website features or ShockAI services may incorporate artificial intelligence or machine learning technologies.
AI-generated outputs are provided to assist users and should not be relied upon as the sole basis for engineering, operational, regulatory or safety decisions.
Users remain responsible for independently reviewing and validating any recommendations or analytical outputs.
The use of Customer Data for AI-related purposes is governed by the ShotTrack AI & Data Policy and Privacy Policy.
20. Technical Information Disclaimer
Technical information made available through this website is intended as general reference material only.
Examples, diagrams, calculations, application notes and engineering guidance are provided to assist users in understanding ShotTrack products.
They are not intended to replace:
- engineering design;
- regulatory approvals;
- site-specific assessments;
- safety procedures; or
- professional advice.
Users remain responsible for determining whether any Product or Service is suitable for their intended application.
21. Disclaimer
To the maximum extent permitted by law, this website and all content made available through it are provided on an "as is" and "as available" basis.
While ShotTrack takes reasonable care to maintain the accuracy of the information published on this website, we do not warrant that:
- the website will always be available;
- access will be uninterrupted;
- the website will be free from errors;
- information will always be complete or current;
- defects will be corrected immediately;
- downloads will be free from malware or other harmful components.
Users are responsible for verifying information before relying upon it.
Nothing published on this website constitutes engineering certification, legal advice, financial advice or professional consulting services unless expressly stated otherwise in a written agreement.
22. Limitation of Liability
To the maximum extent permitted by law, ShotTrack excludes all liability for any loss or damage arising from or connected with:
- access to or use of this website;
- inability to access the website;
- reliance upon website content;
- inaccuracies or omissions;
- delays or interruptions;
- software defects;
- compatibility issues;
- viruses or malicious code introduced by third parties;
- unauthorised access to user accounts;
- links to third-party websites.
To the extent liability cannot lawfully be excluded, ShotTrack limits its liability to the minimum extent permitted by law.
In no event will ShotTrack be liable for any indirect, consequential, incidental or special loss, including loss of:
- profits;
- production;
- contracts;
- goodwill;
- business opportunity;
- anticipated savings;
- reputation;
- data; or
- business interruption.
Nothing in these Terms excludes rights that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation.
23. Indemnity
You agree to indemnify and hold harmless ShotTrack, its directors, officers, employees, contractors, distributors and agents from and against any claim, liability, loss, damage, cost or expense arising directly or indirectly from:
- your breach of these Terms;
- your unlawful use of the website;
- your infringement of another person's rights;
- misuse of your account;
- malicious or negligent conduct;
- information or material submitted by you through the website.
This indemnity is reduced to the extent that ShotTrack has materially contributed to the relevant loss.
24. Suspension or Termination of Access
ShotTrack may suspend, restrict or terminate access to all or part of the website without notice where reasonably necessary to:
- protect website security;
- investigate suspected misuse;
- prevent unlawful activity;
- comply with legal obligations;
- undertake maintenance;
- protect the integrity of our systems;
- respond to cyber security incidents.
Where reasonably practicable, advance notice will be provided for scheduled maintenance affecting website availability.
Termination of website access does not affect any rights or obligations accrued prior to termination.
25. Force Majeure
ShotTrack is not responsible for delays, interruptions or failures arising from events beyond our reasonable control.
Such events include, without limitation:
- natural disasters;
- severe weather;
- fire;
- flood;
- pandemic;
- war;
- terrorism;
- industrial disputes;
- government restrictions;
- telecommunications failures;
- internet outages;
- cyber attacks;
- failures of hosting providers;
- failures of third-party infrastructure.
We will use reasonable efforts to restore website functionality as soon as reasonably practicable.
26. Electronic Communications
By communicating with ShotTrack through this website, you consent to receiving communications electronically where permitted by law.
Electronic communications may include:
- responses to enquiries;
- quotations;
- invoices;
- account notifications;
- technical notices;
- security alerts;
- product updates; and
- legal notices.
Electronic communications satisfy any legal requirement that communications be in writing unless otherwise required by law.
27. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
Nothing in this clause prevents ShotTrack from seeking urgent injunctive or equitable relief in any jurisdiction where such relief is reasonably required.
28. 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.
29. Waiver
A failure or delay by ShotTrack to exercise a right under these Terms does not constitute a waiver of that right.
Any waiver must be in writing and applies only to the specific matter to which it relates.
30. Entire Agreement
These Website Terms of Use, together with the documents expressly incorporated by reference, constitute the entire agreement relating to the use of this website.
Where you purchase Products or Services from ShotTrack, the applicable Products & Services Terms and any written agreement will also apply.
31. Contact Details
Questions regarding these Terms 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
Related Legal Documents
These Website Terms of Use should be read together with the following ShotTrack policies and agreements where applicable: