Terms Terms & Conditions
1. Agreement & Definitions
By subscribing to, accessing or using TEKRAM, you agree to these Terms, our Privacy Policy and the Data Processing Addendum set out below.
Definitions
- TEKRAM, we, us — the contracting entity identified in clause 9 of the Data Processing Addendum.
- Customer, you — the organisation that holds the TEKRAM account. Depending on your industry you may be a market operator, show society, council or venue manager, park operator, festival or exhibition organiser, or similar.
- Applicant — anyone who applies to, books, or takes part in something you run using TEKRAM. Depending on your industry you may call them stallholders, vendors, exhibitors, trade site holders, entertainers, site holders, berth holders, hirers or participants. These Terms use Applicant for all of them.
- End-User Data — personal information about your Applicants that you collect or upload through the platform.
- Order Form — any written quote, proposal or enterprise agreement we have both signed.
Order of precedence
If there is any inconsistency between the documents making up this agreement, they apply in this order: (1) a signed Order Form, (2) the Data Processing Addendum, (3) these Terms, (4) the Privacy Policy, (5) any other published material including our pricing page.
2. The Services
TEKRAM is hosted software for managing the allocation of physical space — applications and approvals, scheduling and capacity, bookings and payments, compliance documents, communications, site allocation, check-in and reporting.
It is used across a range of industries, including markets and community markets, agricultural shows and field days, council venues and facility hire, caravan and holiday park sites, festivals and events, exhibitions and trade shows, and similar operations. Terminology within your portal is configured to your industry at setup. The underlying service, and these Terms, are the same regardless of which labels you use.
Services are supplied on a recurring subscription (monthly or annual), or under a separate written Order Form.
Features and limits vary by plan tier. The tier you have purchased, and its limits, are those published on our pricing page or recorded in your Order Form at the time of purchase.
3. Pricing, Plans & Setup
Plan tiers and limits
Each plan carries limits on the number of sites or venues, scheduled dates per month, active Applicants and authorised portal users. The current tiers, their limits and their prices are published on our pricing page, which forms part of this agreement. Where an Order Form specifies different limits, the Order Form applies.
Additional authorised portal users are available on any plan at the per-user rate published on our pricing page. Where a plan is offered with optional add-ons — including white-label branding — the add-on is charged at the published rate and billed with your subscription.
If your usage consistently exceeds your plan limits, we will contact you to discuss moving to an appropriate tier rather than interrupting your service without warning.
Setup fee
- A one-off setup fee applies to every plan and is payable before your account is provisioned. The amount for each plan is published on our pricing page.
- The setup fee covers initial configuration of your sites or venues, scheduled dates, space types, pricing, capacity and add-on stock; configuration of your application forms and payment gateway; migration of an existing Applicant list where one is supplied in a usable format; and preparation of your written operations manual.
- The setup fee is charged once per customer account. It is not a recurring charge and is not credited against subscription fees.
- Work substantially beyond the scope described above — including significant data cleansing, bespoke development, or reconfiguration requested after go-live — may be quoted separately and is not included in the setup fee.
- Because the setup fee covers services performed on request, it is not refundable once configuration work has commenced, except where a refund is required by the Australian Consumer Law.
Changes to pricing
- We may change our published prices from time to time.
- Where a price change affects an existing subscription, we will give you at least 30 days’ written notice before it takes effect, and the new price will apply from your next billing period after that notice.
- A price change will not take effect part-way through a billing period you have already paid for, and will not apply to the remainder of a fixed-term annual subscription already in force.
- Where we have agreed a fixed rate with you in writing for a defined period, that rate applies for that period regardless of published price changes.
- If you do not accept a price change, you may cancel before it takes effect under clause 4(c).
4. Billing, GST & Cancellations
a. Billing
- Subscriptions are billed in advance.
- Annual subscriptions are charged for 11 months and cover a full 12 months, giving one month free. Annual amounts for each plan are shown on our pricing page.
- Where an invoice remains unpaid, clause 14 sets out what happens and how much notice you will receive first.
b. Goods and Services Tax (GST)
TEKRAM is a registered Australian business name and is registered for GST in Australia. Our ABN appears in clause 9 of the Data Processing Addendum below and on every tax invoice we issue.
- All prices displayed on this website, in our plan documentation, and in any quote we issue are in Australian dollars and include GST at the prevailing rate of 10%.
- A valid tax invoice showing the GST component separately will be issued for each payment.
- Terms used in this clause have the meaning given to them in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- If the rate of GST changes, or the GST treatment of the supply changes under law, we may adjust the GST-inclusive amount payable from the date that change takes effect. We will give you written notice before your next billing date.
- Where a supply is made to a recipient outside Australia and qualifies as a GST-free export of services, GST will not be applied. You must notify us if you believe this applies to your account.
- Fees charged by third-party providers, including Stripe merchant fees, are separate from our fees and are subject to those providers’ own tax treatment and invoicing.
c. Cancellations & refunds
- Monthly subscriptions may be cancelled at any time and remain active until the end of the billing period.
- Annual subscriptions run for the full 12-month term and are not cancellable mid-term except as required by law or where we agree otherwise in writing.
- No refunds are provided for partial periods, and setup fees are not refundable once configuration has commenced, unless required by the Australian Consumer Law.
- On cancellation you may request an export of your data under clause 8 of the Data Processing Addendum.
5. Your Responsibilities
TEKRAM provides the software. You remain responsible for running your own operation and for your relationship with your Applicants. Specifically, you are responsible for:
a. Your account
- All activity carried out under your account and under the accounts of your authorised portal users
- Keeping login credentials secure, and removing access promptly for people who no longer need it
- Ensuring your authorised users comply with these Terms
- Notifying us promptly if you become aware of unauthorised access to your account
b. Your Applicants’ information
- Maintaining your own privacy policy and making it available to your Applicants
- Collecting only the personal information reasonably necessary for your operation, and obtaining any consent required — including consent under Australian Privacy Principle 3.3 for sensitive information such as working with children checks
- Having lawful authority to collect, hold and request any compliance document your forms ask for
- Ensuring any Applicant list you import was lawfully collected and that those people would reasonably expect their information to be handled through a platform of this kind
- Responding to access, correction and deletion requests from your own Applicants, with our assistance under clause 7 of the Data Processing Addendum
c. Your decisions and your event
- All decisions about who is approved, who is allocated which space, what is charged, and who is refused — TEKRAM takes no part in these and expresses no view on them
- Verifying that insurance, licences and permits supplied to you are genuine and adequate. The platform records documents and chases expiry dates; it does not verify authenticity or assess whether cover is sufficient
- Your own permits, approvals, site safety, public liability insurance and legal obligations as an operator
- Complying with the Spam Act 2003 (Cth) for any message you send to your Applicants through the platform. You are the sender of those messages
- Maintaining your own records of your bookings, Applicants and financial data independently of the platform
d. Email sending
Automatic transactional messages generated by the platform — booking confirmations, payment receipts, reminders, allocation notices and expiry notices — are not counted against any sending allowance. Broadcast and on-demand messages you compose and send are subject to the monthly limits published for your plan. Where you consistently exceed those limits we will contact you to discuss a suitable arrangement.
6. Payments From Your Applicants
This clause is important, so it is stated plainly.
- Card payments made by your Applicants go directly into your own payment account. You connect your own Stripe (or agreed alternative) account. Settlement is between you, your Applicants and your payment provider.
- TEKRAM does not hold, receive, transmit or control your money. We are not a payment facilitator, payment intermediary, merchant of record or provider of any financial service, and we do not take a commission or percentage of any booking payment.
- Merchant fees are charged by your payment provider under your own agreement with them. They are not set, taken or negotiated by us.
- Refunds, chargebacks, disputed transactions, failed settlements and reconciliation are your responsibility and are handled through your payment provider. We can assist with the platform records that support a dispute, but we cannot issue, reverse or recover a payment on your behalf.
- Payments recorded manually in the platform — cash, bank transfer, cheque — are records you enter. We do not verify that the money was received.
- Invoices, receipts and tax invoices generated by the platform are issued by you, in your name, and are your records for tax purposes. You are responsible for their accuracy and for your own GST position.
7. Acceptable Use
You must not, and must not permit anyone else to:
- Copy, modify, adapt, translate, reverse engineer, decompile or disassemble the platform, or attempt to derive its source code
- Resell, sublicense, rent, lease or otherwise make the platform available to a third party, except to your own Applicants and authorised users as the platform intends
- Use the platform to build, train or benchmark a competing product or service
- Scrape, harvest or bulk-extract data from the platform other than through the export features provided
- Upload malicious code, attempt to gain unauthorised access, probe or test the platform’s security without our written consent, or interfere with its operation or with other customers’ use of it
- Upload content that is unlawful, defamatory, infringing or that you have no right to provide
- Use the platform to send unsolicited commercial messages in breach of the Spam Act 2003 (Cth)
- Remove, obscure or alter any proprietary notice, or remove TEKRAM branding on a plan where that branding is included
8. Platform Availability & Support
a. Availability
We aim to maintain high platform availability and we monitor the platform continuously. We do not offer a contractual uptime percentage, and uninterrupted availability is not guaranteed. Where a customer requires a defined availability commitment, that can be agreed separately in writing as part of an Order Form.
b. Hosting & data location
The TEKRAM platform, and all Customer and End-User Data, are hosted on servers located in Australia. Where a third-party service provider operates outside Australia, this is identified in clause 5 of the Data Processing Addendum and in our Privacy Policy.
c. Maintenance & outages
Access may be temporarily suspended for planned maintenance, security incidents or system upgrades. We schedule planned maintenance outside your operating hours wherever practicable, and give advance notice of any maintenance expected to interrupt access.
d. Support response targets
Support requests are lodged through the Support tab in your manager portal, which issues a reference number and a trackable record. We aim to respond within the following timeframes on business days:
- Basic — 3 business days
- Professional — 2 business days
- Enterprise — 1 business day, plus phone and priority email support
These are response targets, not resolution guarantees. Resolution time depends on the nature of the issue. Requests marked urgent because a live event or trading day is affected are prioritised ahead of the queue on all plans.
TEKRAM is actively developed and features are added regularly. We may add, modify, or discontinue features from time to time.
- We will not make a change that materially reduces the core functionality of your plan during a period you have paid for, without giving you at least 30 days’ written notice.
- If we give such a notice and the change materially disadvantages you, you may cancel the affected subscription and receive a pro-rata refund of fees paid for the unused period.
- Features described as beta, preview or early access are provided as-is, may change or be withdrawn, and are excluded from the support targets in clause 8.
- Where your plan includes custom feature requests, those requests are subject to feasibility review and we are not obliged to build any particular request.
10. Intellectual Property & Ownership of Data
a. We own the platform
TEKRAM, including all software, source code, database structure, design, documentation, operations manuals and branding, is our proprietary property and is protected under the Copyright Act 1968 (Cth) and other applicable law. You receive a limited, non-exclusive, non-transferable licence to use the platform for your own operation during the subscription term. No other rights are granted, whether by implication or otherwise.
Custom features remain ours. Where we build a feature, integration or configuration at your request — including under a custom feature request allowance or a paid engagement — the resulting intellectual property remains ours, and is licensed to you on the same terms as the rest of the platform. It may be made available to other customers. If you require assignment or exclusivity, that must be agreed separately in writing before work begins and will be priced accordingly.
b. You own your data
You own the data you and your Applicants put into the platform. We claim no ownership of it. We hold it on your behalf and use it only to provide, support, secure and maintain the platform for you, and otherwise on your instructions, as set out in the Data Processing Addendum.
You grant us the limited licence necessary to host, process, transmit, back up and display that data for the purpose of providing the services to you.
c. Aggregated and de-identified information
We may produce aggregated, de-identified statistics from platform activity to understand how the platform performs and to improve it. Such information is aggregated and de-identified so that neither you, your organisation nor any individual can be identified from it, and it is not reassembled or matched back to anyone. We will not disclose your identifiable data, your Applicant lists or your commercial figures to any other customer.
d. Feedback
If you suggest an improvement, we may use it without obligation or payment. This does not give us any right to your data.
e. Publicity
We may identify you as a TEKRAM customer, and use your name and logo, on our website and in marketing material. If you would prefer we did not, tell us in writing and we will stop.
11. Confidentiality
Each party may receive information the other treats as confidential — including your Applicant lists, pricing and commercial figures, and our software, security arrangements and non-public documentation. Each party must keep the other’s confidential information secure, use it only for the purposes of this agreement, and not disclose it except to personnel, contractors or advisers who need it and are under equivalent obligations, or where disclosure is required by law. This obligation survives termination.
12. Indemnity
To the extent permitted by law, you indemnify us against any claim, loss, damage or expense (including reasonable legal costs) arising from:
- Your event, venue, site or operation, including any injury, damage, incident or dispute occurring at it
- Any decision you make about an Applicant, including approval, refusal, allocation, charging, suspension or removal
- End-User Data you collected or uploaded without lawful authority or without required consent
- Any message you send through the platform
- Your breach of these Terms, or use of the platform in breach of clause 7
This indemnity does not apply to the extent the claim arises from our own breach of this agreement, our negligence, or our unlawful act.
13. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, which cannot lawfully be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
Subject to the paragraph above, and to the extent permitted by law:
- TEKRAM is not liable for indirect or consequential losses, including loss of data, revenue, profit, goodwill or opportunity.
- Where our liability for a failure to comply with a consumer guarantee may lawfully be limited, our liability is limited to resupplying the services or paying the cost of having them resupplied.
- Our total aggregate liability arising out of or in connection with these Terms is limited to the total subscription fees paid by you in the 12 months preceding the event giving rise to the claim.
- We are not liable for any loss arising from a decision you made, an Applicant’s conduct, a document that proved to be invalid, a payment provider’s act or omission, or anything occurring at your event, venue or site.
- You remain responsible for maintaining your own records of your bookings, Applicant and financial data.
14. Suspension & Termination
a. By you
You may cancel in accordance with clause 4(c).
b. Suspension for non-payment
If an invoice is unpaid, we will notify you and allow at least 14 days to pay before restricting access. Where practicable we will avoid suspending access immediately before or during a scheduled event date, because your Applicants are affected by an issue that is not theirs. Access is restored promptly once payment is received.
c. Suspension or termination for cause
We may suspend or terminate immediately where there is a serious breach of clause 7, unlawful use, a security risk to the platform or other customers, or a legal requirement to do so. We will tell you why, and where the issue is capable of being fixed we will give you a reasonable opportunity to fix it.
d. Effect on your Applicants
On termination, public listing pages, application forms and Applicant dashboards operating under your account will stop working. You are responsible for telling your Applicants and for making alternative arrangements. We will not contact your Applicants about the termination of your account without your agreement, unless we are required to by law.
e. Effect on data
Clause 8 of the Data Processing Addendum governs export and deletion of data after termination.
15. Government & Council Customers
Where the Customer is a local council, government body, public authority or a body funded or controlled by one, TEKRAM acknowledges that the Customer may be subject to additional legislative, procurement, record-keeping and transparency obligations. TEKRAM will:
- Take reasonable steps to support compliance with applicable Australian public sector obligations, including privacy, public records and information security requirements
- Assist the Customer, on reasonable request, to respond to an application made under right to information, freedom of information or equivalent legislation, so far as the request relates to data held in the platform
- Retain data hosting within Australia for the duration of the agreement
- Not knowingly do anything that would cause the Customer to breach applicable procurement or governance obligations
- Cooperate reasonably with audits, information requests or compliance enquiries relating to the TEKRAM services, subject to confidentiality and security requirements
Nothing in these Terms requires TEKRAM to comply with agency-specific policies unless expressly agreed in writing as part of an Order Form.
16. Changes to These Terms
We may vary these Terms from time to time. The current version is always published on this page with a revised “Last Updated” date.
- Where a change is material and adverse to you, we will give you at least 30 days’ written notice before it takes effect.
- If you do not accept a material change, you may cancel before it takes effect and receive a pro-rata refund of fees paid for the unused period.
- Minor changes — corrections, clarifications and changes required by law — take effect on publication.
- Where an Order Form records agreed terms for a fixed period, those terms are not varied by a change to this page during that period.
17. Notices & Disputes
Notices to us must be sent to admin@tekram.com.au. Notices to you are sent to the email address recorded on your account, or posted in your manager portal. It is your responsibility to keep your account contact details current.
Disputes. If a dispute arises, the party raising it must notify the other in writing, setting out the issue and the outcome sought. Both parties will then genuinely attempt to resolve it by discussion within 21 days before starting court proceedings. This does not prevent either party from seeking urgent injunctive relief, or from pursuing a right that cannot lawfully be restricted, including under the Australian Consumer Law.
18. General
- Assignment — you may not assign this agreement without our written consent, which will not be unreasonably withheld. We may assign or novate it as part of a sale, restructure or transfer of the business, on notice to you.
- Subcontracting — we may engage subcontractors and subprocessors, and remain responsible for their performance. Subprocessors handling End-User Data are governed by clause 5 of the Data Processing Addendum.
- Force majeure — neither party is liable for a failure to perform caused by something genuinely beyond its reasonable control, including natural disaster, fire, flood, pandemic, war, industrial action, or failure of a telecommunications, hosting or power provider. The affected party must notify the other and take reasonable steps to mitigate.
- Relationship — nothing in this agreement creates a partnership, joint venture, agency or employment relationship. TEKRAM is your software supplier and is not a partner in, promoter of, or participant in your event, venue or operation.
- Severability — if any provision is unenforceable, it is severed and the rest continues in force.
- Waiver — a failure to enforce a provision is not a waiver of it.
- Entire agreement — these Terms, the Data Processing Addendum, the Privacy Policy and any signed Order Form are the entire agreement between us, and replace any earlier representation or understanding.
- Survival — clauses 10, 11, 12, 13 and 17, and any clause that by its nature should survive, continue after termination.
19. Governing Law
These Terms are governed by the laws of the State of Queensland, Australia. You and TEKRAM submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.
DPA Data Processing Addendum
This Addendum applies where you use the platform to collect or hold personal information about your Applicants. It forms part of the Terms above.
1. Roles
You determine what End-User Data is collected, who may access it, and what it is used for. TEKRAM holds that data on your behalf and acts only on your instructions.
The terms “data controller” and “data processor” are commonly used to describe this split. They come from the European GDPR rather than Australian law, and are used here descriptively only. Under the Privacy Act 1988 (Cth) there is no processor exemption — because TEKRAM holds End-User Data, TEKRAM carries its own obligations under the Australian Privacy Principles in respect of that data, alongside yours. Neither party’s obligations are reduced by this Addendum.
TEKRAM takes no part in your decisions about your Applicants and does not use End-User Data for its own purposes.
2. Processing Scope
TEKRAM processes End-User Data solely to provide the hosted services described in clause 2 of the Terms — listings, applications and approvals, bookings, payments, compliance documents, communications, allocation, check-in and reporting — and otherwise on your documented instructions.
Categories of data subject: your Applicants (including stallholders, vendors, exhibitors, entertainers, site holders, berth holders, hirers and community participants) and your own authorised portal users.
Categories of personal data: contact and business details, ABN, insurance, licence and compliance documents and their expiry dates, booking, occupancy and payment records, correspondence, and incident records.
Sensitive information: where your forms collect sensitive information — including working with children check details — you are responsible for the lawful basis and consent for that collection under clause 5(b) of the Terms. TEKRAM restricts access to it and uses it only to provide the platform.
Location of processing: End-User Data is hosted in Australia. Limited processing occurs overseas where a subprocessor named in clause 5 operates outside Australia.
Duration: for the term of your subscription, and then as set out in clause 8.
3. Your Instructions
Your configuration of the platform, and your use of its features, constitute your documented instructions. If we consider an instruction would cause either party to breach the Privacy Act 1988 (Cth), we will tell you rather than carry it out. We will notify you if we are legally compelled to process End-User Data other than on your instructions, unless the law prevents us from telling you.
4. Security Measures
TEKRAM implements technical and organisational measures consistent with recognised information security standards, including principles consistent with ISO/IEC 27001, without claiming formal certification. These include encrypted connections, role-based access control on a least-privilege basis, segregation of each customer’s data, Australian-based hosting, monitoring and vulnerability management, and restricted personnel access.
You are responsible for the security measures within your control, including managing your authorised users and their access levels.
5. Subprocessors
TEKRAM engages subprocessors for hosting, payment processing, email delivery and analytics, and remains responsible for their performance under this Addendum. Our current subprocessors are:
- Hosting — Australian-based infrastructure. Customer and End-User Data are stored in Australia.
- Payment processing — Stripe, for card payments made by your Applicants. Stripe processes cardholder data directly under its own terms; TEKRAM does not store full card details.
- Analytics — GA4, on our public marketing pages only. Not used inside the manager portal or Applicant dashboards.
We will give you reasonable written notice before adding or replacing a subprocessor that processes End-User Data. If you reasonably object on data protection grounds, the parties will discuss the objection in good faith, and you may terminate the affected services if it cannot be resolved.
6. Data Breach Notification
TEKRAM complies with the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth) and maintains a breach response plan. If a breach affects End-User Data held on the platform:
- We will notify you without undue delay after becoming aware of it
- We will contain the breach and assist you to assess its likely consequences
- You lead notification to affected individuals, and we provide the technical information needed to support it
- Where notification to the Office of the Australian Information Commissioner is required, we will make or assist with that notification as appropriate
Notification of a breach is not an admission of fault by either party.
7. Requests & Assistance
Where an Applicant contacts TEKRAM directly with an access, correction or deletion request about data held on your behalf, we will refer them to you and tell them we have done so. We will not release, amend or delete your records at the request of a third party.
We will provide reasonable assistance, at no additional charge, to help you respond to such a request, to conduct a privacy impact assessment, or to respond to a regulator in relation to data held in the platform.
8. Data Export, Deletion & Return
During the term. Your data belongs to you and you can export your records — Applicant details, applications, bookings, invoices and transaction history — from your manager portal at any time, without asking us and at no charge. You should do this before termination takes effect.
After termination or expiry:
- Your data remains available for export from your portal for 30 days after the account closes
- Before deletion, we will offer you an optional copy of your database records. Request it within that 30-day window and we will supply it in a common machine-readable format at no charge
- After that window closes, we securely delete or de-identify your data, including End-User Data, within a further 60 days
- Backups containing your data are overwritten on our normal backup cycle
- We retain only what we are legally required to keep, such as financial and tax records, which are held under our Privacy Policy retention terms
9. Who You Are Contracting With
TEKRAM is owned and built by Gravity Projex, a digital marketing, software & web development business. TEKRAM and Gravity Projex are registered business names of the same sole trader, operating from South East Queensland under a single Australian Business Number. That single entity is the contracting party under these Terms.