These terms set out the agreement between you (the business operator) and Computer Guardians, the provider of the TraxRewards loyalty platform. Please read them carefully before using the service.
TraxRewards ("TraxRewards", "we", "us", "our") is a digital loyalty platform owned and operated by Computer Guardians (computerguardians.com.au), a business based in Victoria, Australia.
By creating a TraxRewards account, signing an order form, or otherwise accessing the platform, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, you must not use the service.
TraxRewards is a software-as-a-service (SaaS) loyalty platform comprising:
We may improve, change or discontinue features from time to time. Where a change materially reduces the functionality you rely on, we will give you reasonable prior notice.
You are responsible for keeping your account credentials confidential and for everything that happens under your account. You must promptly notify us at support@traxrewards.com if you become aware of any unauthorised use.
You must provide accurate, current and complete information when registering, and keep it up to date. You must be at least 18 years old and authorised to enter into these Terms on behalf of your business.
You agree not to, and not to permit any staff member or third party to:
We may suspend or terminate access without notice if we reasonably believe these Terms have been breached or that continued access creates a security, legal or reputational risk.
Where TraxRewards supplies hardware (such as a counter tablet, stand and QR scanner), the hardware remains the property of Computer Guardians unless your order form expressly states it is sold outright. You agree to:
Lost, damaged or unreturned hardware may be charged at the published replacement cost.
Subscription fees are set out in your order form and are billed in advance on a monthly or annual basis. All fees are in Australian dollars and exclusive of GST unless stated otherwise. Late payments may attract interest at the rate set under the Penalty Interest Rates Act 1983 (Vic).
We may change pricing on at least 30 days' written notice (by email to your registered admin address). If you do not accept the change, you may cancel before it takes effect.
As between you and us, you own the customer data captured through your loyalty program. We process that data on your behalf as described in the Privacy Policy.
You are responsible for ensuring that your collection and use of customer data complies with all applicable laws, including the Privacy Act 1988 (Cth), the Australian Privacy Principles, and the Spam Act 2003 (Cth). You must publish a privacy notice to your customers that fairly describes how their data is used, and you must obtain consent before sending marketing messages.
TraxRewards, the TraxRewards name and logo, the platform software, designs, content and documentation are owned by Computer Guardians and protected by Australian and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the service for the purpose of operating your loyalty program during the term of your subscription. No other rights are granted by these Terms.
You retain ownership of your trademarks, branding and content. You grant us the limited licence we need to display those assets within the loyalty card and admin portal in order to deliver the service.
Either party may terminate the service at the end of the then-current billing month by written notice of at least 14 days. We may suspend or terminate immediately, without refund, if you materially breach these Terms or fail to pay fees when due.
On termination, your access to the admin portal ends and any TraxRewards-supplied hardware must be returned. We will retain customer data only for the period and purposes described in the Privacy Policy.
We work to keep TraxRewards available 24/7 but do not guarantee uninterrupted access. Scheduled maintenance, third-party outages, internet issues and circumstances beyond our reasonable control may cause downtime. Where downtime is significant and within our control, we will publish an incident update and, on request, credit the affected portion of the monthly fee.
To the maximum extent permitted by law, the service is provided "as is" without express or implied warranties. Nothing in these Terms excludes or limits any consumer guarantee or right that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
Subject to the above, our total liability arising out of or in connection with the service in any 12-month period is capped at the fees you paid us during that period. Neither party is liable for indirect or consequential loss, including loss of profit, revenue, goodwill or data.
Each party will keep the other's non-public business and technical information confidential, use it only as needed to perform under these Terms, and protect it with at least the same care it uses for its own confidential information.
We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the latest revision. Where changes are material, we will notify you by email or via the admin portal at least 14 days before they take effect. Continued use of the service after that date constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.