Terms of Service

Who these terms are with

These terms are the agreement between you and Parlay Umbrae UK Pty Ltd ACN 135 431 640 as trustee for Burke Family Trust ABN 44 191 348 736, trading as ItemTrak for your use of ItemTrak. By signing up, or by using the service, you accept them.

If you are agreeing on behalf of a business, you confirm you are entitled to bind it, and "you" in these terms means that business.

What the service is

ItemTrak is a record of things your organisation lends out — keys, tools, equipment — and of who has them. It sends reminders about items that are late.

It is a record-keeping tool. It does not physically secure anything, it does not guarantee an item will be returned, and it is not a substitute for your own controls over anything that is dangerous, valuable or subject to its own legal register.

Your account

People sign in with their own Google account. You are responsible for who you give access to, for what they do with it, and for removing people who leave.

You must give us an accurate business name and a contact email address that reaches somebody, and keep them current. Notices about your subscription go there.

The free trial

New subscriptions begin with a free trial of the length shown on the plan when you sign up. You will not be charged during it.

A payment method is arranged with PayPal before the trial starts, and billing begins automatically at the end of the trial unless you cancel first. Cancelling during the trial costs nothing.

Plans, prices and payment

Prices are shown on the pricing page in the currency for your country, and are the prices that apply. Subscriptions are billed monthly or yearly in advance through PayPal, automatically, until cancelled.

We may change prices. An existing subscription keeps its price until we tell you otherwise by email at least 30 days before the change takes effect, and you may cancel before it does.

Prices include GST where GST applies. Where a payment is subject to a tax in your own country that we are not registered for, that tax is yours to account for.

Text message credits

Text messages are paid for with credits, bought in advance in packs. One credit sends one message; a long message may take more than one.

Credits do not expire while your subscription is active. They are not money, cannot be transferred to another business, and are not exchangeable for cash.

We can only send a message to a network that will accept it. A message we hand to our carrier is charged whether or not the handset it was sent to received it.

Changing or cancelling

You can change plan at any time from the Business screen. A change that increases what you pay needs your approval at PayPal before it takes effect.

You can cancel at any time. Cancellation takes effect at the end of the period you have already paid for — you keep the service until then, and you are not billed again.

We may suspend or end an account that has not paid, that is being used unlawfully, or that is being used in a way that damages the service for others. Except where the law requires otherwise, we will give you reasonable notice and a chance to fix it.

Your data is yours

Everything you put into the service stays yours. We do not sell it, we do not use it to advertise to anybody, and we do not use it to train anything.

You can export your history at any time as a spreadsheet or a PDF, from inside the app, without asking us. Do that before you cancel.

After an account is closed we keep its data for 90 days so it can be restored if the closure was a mistake, and then delete it. Ask us in writing during those 90 days and we will delete it sooner.

What you are responsible for

Most of what goes into this service is about other people — the contractors, staff and visitors you lend things to. You are responsible for having a proper basis to record their details and for telling them you are doing it, and you must not put anything in here that you are not entitled to hold.

Do not use the service to send messages that are unlawful, misleading, or that the recipient has not agreed to receive. Sending a text to a number costs money and reaches a real person; treat it that way.

Do not attempt to reach another subscriber’s data, probe or overload the service, or work around the limits of your plan.

Availability

We aim to keep the service running and available, and we take backups. We do not promise that it will be uninterrupted or fault-free.

From time to time we need to take it down for maintenance. Where we can plan it, we will give notice and keep it short.

The service depends on others — hosting, PayPal, the text and email carriers, and Google for sign-in. Where one of them fails, we will do what we reasonably can, but we do not control them.

Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where our liability under such a law can be limited, it is limited to supplying the service again or paying to have it supplied again.

Otherwise, and to the extent the law allows: neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or data; and our total liability arising out of the service in any twelve month period is limited to what you paid us in that period.

We are not liable for an item that is lost, stolen or damaged. The service records who took a thing and when. It does not look after the thing.

Changes to these terms

We may change these terms. If a change materially affects you, we will email the contact address on your account at least 30 days beforehand, and you may cancel before it takes effect. Continuing to use the service after that means you accept the change.

Which law applies

These terms are governed by the law of Queensland, Australia, and both parties submit to the courts of that place. If you are a consumer somewhere else, this does not take away the protection of the law where you live.