1. Acceptance of these Terms
These Terms of Service ("Terms") govern your access to and use of the TracValv platform, websites, and any associated services (collectively, the "Service") provided by TracValv (ABN 78 680 544 032, "TracValv", "we", "us" or "our").
By creating an account, signing in, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organisation (such as a hospital, aged care facility or plumbing contractor), you confirm that you have authority to bind that organisation to these Terms.
If you do not agree to these Terms, do not use the Service.
2. About the Service
TracValv provides a software-as-a-service platform for managing Thermostatic Mixing Valve (TMV) compliance, including asset registration, service scheduling under AS4032.3, temperature logging, photographic evidence capture, audit reporting, and transactional email delivery of compliance documents.
The Service is a tool to assist with compliance record-keeping and workflow. It is not legal, medical or engineering advice. Responsibility for AS4032.3 compliance, plumbing licensing, infection control and any other regulatory obligation remains with you and your organisation.
3. Accounts and security
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You must promptly notify us of any suspected unauthorised use of your account.
- Accounts must be used by a single individual. Sharing accounts is not permitted.
- We may suspend or terminate accounts where there is reasonable suspicion of misuse or breach of these Terms.
4. Acceptable use
You agree that you will not:
- Use the Service to send marketing, promotional, bulk, unsolicited or "spam" email. The Service's email functionality is for transactional, recipient-initiated communications only (e.g. emailing a service report you generated to a known facility manager).
- Upload or transmit content that is unlawful, infringes another party's rights, contains malicious code, or violates the privacy of others.
- Attempt to access accounts, data or systems you are not authorised to access, or attempt to circumvent security controls.
- Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent expressly permitted by Australian law.
- Use the Service to compete with TracValv or build a competing product.
- Resell, sublicense, or commercially exploit access to the Service without our written agreement.
We reserve the right to remove content or restrict access where we reasonably believe these Terms have been breached.
5. Your data
You retain ownership of all data and content you upload to or generate within the Service ("Your Data"). You grant TracValv a limited licence to host, store, transmit, back up, and process Your Data solely as necessary to provide and improve the Service.
We will handle Your Data in accordance with our Privacy Policy, applicable Australian privacy law, and our security and data sovereignty commitments described in our Security & Data Sovereignty page.
On termination of your account or at your reasonable request, we will provide an export of Your Data in a portable format and delete Your Data from our systems within a reasonable period, subject to backup retention cycles and any legal hold obligations.
6. Our intellectual property
TracValv (and its licensors) own all rights, title and interest in the Service, including all software, designs, layouts, text and trademarks ("Our IP"). These Terms grant you a limited, non-exclusive, non-transferable licence to access and use the Service for its intended purpose during the term of your subscription. Nothing in these Terms transfers ownership of Our IP to you.
7. Subscriptions, fees and changes
Where applicable, fees, billing periods and inclusions are described in your order form, subscription confirmation, or pricing page at the time of sign-up. Fees are payable in Australian dollars (AUD) and may be subject to GST.
We may revise pricing or plan inclusions from time to time. Changes affecting an active subscription will be notified at least 30 days in advance and will take effect at the next renewal.
8. Service availability
We aim to provide a reliable Service, but we do not guarantee that the Service will be uninterrupted, error-free, or available at any particular time. Planned maintenance windows will be communicated in advance where practicable. Unplanned outages will be addressed as soon as reasonably possible.
Where you have a contracted service level agreement (SLA), the terms of that SLA apply.
9. Compliance disclaimer
10. Limitation of liability
To the maximum extent permitted by law, TracValv's total aggregate liability arising out of or in connection with the Service is limited to the fees paid by you for the Service in the 12 months preceding the event giving rise to the claim.
We will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, or business opportunities, even if we have been advised of the possibility of such damages.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law that cannot be lawfully excluded.
11. Indemnity
You agree to indemnify TracValv against any third-party claims, losses or damages arising from (a) Your Data, (b) your use of the Service in breach of these Terms, or (c) any unlawful conduct or negligent act or omission of you or your authorised users.
12. Termination
You may terminate your subscription at any time as described in your order form or subscription terms. We may suspend or terminate access immediately where you materially breach these Terms or where required by law.
On termination, your right to access the Service ends. Provisions that by their nature should survive termination (including ownership, indemnity, limitation of liability and governing law) will survive.
13. Governing law and jurisdiction
These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland and the federal courts of Australia for any dispute arising out of or relating to these Terms or the Service.
14. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Material changes will be communicated to active users by email or in-app notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms can be directed to:
TracValv
ABN 78 680 544 032
Email: hello@tracvalv.com.au
Web: tracvalv.com.au