Terms of Service
Effective Date: 21-Aug-2025
Welcome to TRACTUUM IMPACT MANAGEMENT SOLUTIONS PTY LTD ("Tractuum", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our website, platforms, services, and any related tools (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
About Us
Tractuum is an Australian consultancy helping organisations plan, measure, and manage the outcomes that matter. We specialise in strategy, evaluation, training, and impact management solutions.
- Introduction
These Terms of Service (Terms) govern the provision of services by Tractuum (we, us or our) to any person or entity (Client or you). By requesting or accepting our services - including advisory sessions, training, workshops, strategies, plans, evaluations or other professional services - you agree to be bound by these Terms. We may update these Terms from time to time. You are deemed to accept any updates by continuing to engage our services.
We operate in Australia and comply with the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), and all other applicable laws. Nothing in these Terms has the effect of excluding or modifying any rights or remedies you may have under the ACL that cannot lawfully be excluded. In particular:
- Services must be fit for the purpose made known by the consumer, provided with reasonable care and skill, and delivered within a reasonable time.
- If services do not meet these consumer guarantees, consumers may be entitled to remedies such as repair, re-performance, refund or compensation. Businesses cannot exclude or modify these guarantees.
- Definitions
- Client/you - The person or organisation requesting our services.
- Services - All consulting, advisory, training, workshops, strategy development, plans, evaluations, reports, and other deliverables we agree to provide.
- Deliverables - Tangible or intangible outputs resulting from the Services, such as reports, presentations, strategy documents, workshop materials and training manuals.
- Confidential Information - All non-public information disclosed by either party which is identified as confidential or which would reasonably be regarded as confidential, including business information, intellectual property and personal information.
- Intellectual Property (IP) - All rights in patents, copyright, designs, trademarks, trade secrets and know-how, whether registered or unregistered.
- Scope of Services
We will provide the Services specified in our proposal, engagement letter or booking confirmation. To avoid misunderstandings, we set out the scope of work, deliverables, timeframes and fees in writing for each engagement. Only services described in writing are included; any additional tasks requested after commencement will be treated as variations and may incur additional charges.
The Client must provide all information, access and cooperation necessary for us to perform the Services. We are not liable for delays or failure to perform caused by your failure to provide information or cooperate.
- Proposals and Bookings
Our proposals are valid for the period stated in the proposal. By accepting a proposal, signing an engagement letter or booking training or a workshop, you are entering into a contract with us on these Terms. We may decline an engagement at our discretion.
- Fees, Invoicing and Payment
Fees are set out in our proposal or booking confirmation. Unless otherwise specified, fees are exclusive of goods and services tax (GST). We will issue a valid tax invoice, and you must pay the invoice plus GST (if applicable) by the due date specified. Late payments may attract interest or administration fees. We reserve the right to suspend or cancel Services for non-payment.
- Rescheduling, Cancellation and Refunds
6.1 Consultancy and Advisory Services
If you need to reschedule or cancel a consultancy or advisory session, you must notify us at least 2 business days (or 48 hours) before the scheduled date. Cancellations after this notice period may incur a cancellation fee to cover our lost time.
6.2 Training and Workshops
- Your registration is confirmed only after payment is received and processed
- Cancellations must be notified in writing at least 14 business days before the scheduled date. Cancellations within 7 business days or “no-shows” will not receive a refund, although course materials may still be provided
- We may reschedule, postpone or cancel a training course or workshop due to low enrolments, presenter illness or other unforeseen circumstances. In such cases, we will offer alternative dates, a credit or a full refund. We are not responsible for travel, accommodation or other costs incurred by participants.
- Client Responsibilities
You agree to:
- Provide accurate, complete and timely information necessary for us to perform the Services.
- Ensure that your staff and participants act safely and comply with all instructions and workplace health and safety requirements during our workshops and training sessions.
- Obtain all permissions, licences and consents required for us to perform the Services.
- Use our deliverables and materials only for your internal purposes and not for reselling, reproducing or providing similar services.
- Intellectual Property
We retain ownership of all pre-existing intellectual property we bring to the engagement and any IP developed independently of the Services. Unless otherwise agreed, new IP created specifically for you will be licensed to you for your internal business purposes upon payment of all fees. This license is non-exclusive, non-transferable and may be revoked if you breach these Terms. You must not use our materials to provide competing services without our written consent.
You will own your pre-existing IP and any data or materials you provide to us. You grant us a limited license to use that IP solely for the purpose of performing the Services.
- Confidentiality
Each party may receive Confidential Information. Both parties will:
- Treat the other's Confidential Information as confidential, not disclose it to any third party or use it for any purpose other than performing or receiving the Services.
- Take reasonable steps to protect the other's Confidential Information and ensure their staff do the same.
- Exceptions apply where disclosure is required by law or the information becomes public through no fault of the receiving party.
- Use our deliverables and materials only for your internal purposes and not for reselling, reproducing or providing similar services.
These obligations survive termination of the contract.
- Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). In summary:
- We manage personal information openly and transparently and maintain a current privacy policy (APP 1).
- Where lawful and practicable, we give individuals the option of anonymity or using a pseudonym (APP 2).
- We only collect solicited personal information necessary for our functions (APP 3) and deal appropriately with unsolicited information (APP 4).
- We notify individuals about the collection of personal information (APP 5).
- We use and disclose personal information only for the purposes for which it was collected or as permitted by law (APP 6) and do not use it for direct marketing without consent (APP 7).
- We ensure that any cross-border disclosure of personal information is protected (APP 8).
- We do not adopt, use or disclose government identifiers except as permitted (APP 9).
- We keep personal information accurate and up-to-date (APP 10) and take reasonable steps to protect it from misuse, interference, loss, unauthorised access, modification or disclosure (APP 11).
- Individuals may request access to and correction of personal information we hold (APP 12 and APP 13).
Our full privacy policy is available on request.
- Educational and Informational Nature
The information provided in our training, workshops and general advisory sessions is for educational purposes only. It does not constitute legal, financial, medical or other professional advice. You should seek independent advice appropriate to your circumstances. You agree not to rely solely on our information and acknowledge that any reliance is at your own risk.
- Consumer Guarantees and Statutory Rights
Where you are a consumer for the purposes of the ACL, our Services are supplied subject to the consumer guarantees. If our Services fail to meet these guarantees, you have rights and remedies that cannot be excluded. If a failure is minor, we may remedy it by re-performing the services or offering a refund. For major failures, you may cancel the services and obtain a refund, or keep the contract and seek compensation for any reduction in value. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be lawfully limited.
- Limitation of Liability
To the extent permitted by law and subject to your statutory rights:
- We are not liable for any indirect or consequential loss, including loss of profits, business, goodwill, opportunity or data, arising out of or in connection with the Services.
- Our total liability to you (for all claims combined) is limited to the fees paid or payable for the Services, unless otherwise required by law.
- If we fail to comply with a consumer guarantee, our liability is limited (at our option) to re-supplying the Services or paying the cost of re-supply.
- We exclude all warranties and guarantees (whether express or implied) except those that cannot be excluded by law.
- Indemnity
You indemnify us against any loss or liability we suffer arising from:
- Your breach of these Terms; or
- Your misuse of our deliverables, including any claim that your use infringes a third party's rights.
- Termination
Either party may terminate an engagement if the other party materially breaches these Terms and fails to remedy the breach within a reasonable time after receiving written notice. Upon termination:
- You must pay for all Services delivered up to the termination date and any reasonable expenses incurred by us.
- Each party must promptly return or destroy the other party's Confidential Information and cease using any materials provided, unless otherwise licensed.
We may also terminate immediately if you become insolvent or fail to pay fees when due.
- Force Majeure
We will not be liable for any delay or failure to perform our obligations caused by events beyond our reasonable control, including natural disasters, pandemics, war, terrorism, government restrictions or interruption of utility services. If a force majeure event continues for more than 30 days, either party may terminate the affected services by written notice.
- Dispute Resolution
Before commencing proceedings in a court or tribunal (except urgent interlocutory relief), the parties agree to attempt to resolve any dispute arising under these Terms as follows:
- Each party will appoint a representative to negotiate in good faith and attempt to resolve the dispute.
- If the dispute remains unresolved after 14 days, either party may refer it to mediation administered by a mutually agreed mediator. If the parties cannot agree on a mediator within 7 days, either party may ask the President of the Queensland Law Society to appoint a mediator.
- If mediation fails, either party may commence legal proceedings. Nothing in this clause prevents either party from seeking urgent interlocutory relief.
- Variations
We may amend these Terms by posting an updated version on our website or notifying you in writing. The updated Terms apply to future engagements. Any variation to a specific engagement must be agreed in writing by both parties.
- Assignment
You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights or subcontract our obligations, provided we remain responsible for the performance of the Services.
- Governing Law and Jurisdiction
These Terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and Australia in respect of any dispute arising under these Terms.
- Contact Information
If you have any questions about these Terms or wish to exercise your rights, please contact Tractuum:
Address: PO Box 904 Booval QLD 4304
Email: admin@tractuum.com.au
Telephone: +61 488 576 902
