Terms and Conditions of Use

Enkisonics Pty Ltd (ABN 48 688 943 106)

Trading as GunGov - Australia's Premier Firearms Range Booking Platform

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Enkisonics Pty Ltd ("GunGov", "we", "us", or "our") governing your access to and use of the GunGov platform, including our website, mobile applications, and all related services.

Effective Date: November 2025 | Last Updated: November 2025

IMPORTANT NOTICE: By accessing or using the GunGov platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable Australian firearms legislation. If you do not agree to these Terms, you must not use the GunGov platform.

1. Acceptance of Terms

By creating an account, accessing the GunGov platform, or using any of our services, you represent and warrant that:

• You have read and understood these Terms in their entirety
• You agree to be legally bound by these Terms and all policies referenced herein
• You have the legal capacity to enter into a binding agreement under Australian law
• You meet all eligibility requirements specified in Section 2 below
• All information provided to us is accurate, complete, and current

These Terms apply to all users of the GunGov platform, including but not limited to registered users, club members, club administrators, range officers, trainers, and visitors. Different user types may have additional terms applicable to their specific role.

2. Eligibility Requirements and Australian Firearms Law Compliance

GunGov is a firearms-related platform and is subject to strict Australian firearms legislation. By using this platform, you must comply with all applicable Commonwealth, State, and Territory firearms laws.

2.1 Minimum Age Requirement

To use the GunGov platform, you must be:

• At least 18 years of age - This is the minimum age to hold a firearms licence in Australia under the National Firearms Agreement (NFA)
• Able to provide proof of age if requested (e.g., driver's licence, passport, proof of age card)
• Aware that false declaration of age constitutes a material breach of these Terms and may result in immediate account termination and reporting to relevant authorities

Legal Reference: Firearms Act 1996 (Cth), Firearms Act 1996 (NSW), Firearms Act 1996 (Vic), Weapons Act 1990 (Qld), Firearms Act 2015 (SA), Firearms Act 1973 (WA), Firearms Act 1996 (Tas), Firearms Act 1997 (NT), Firearms Act 1996 (ACT).

2.2 Firearms Licensing Requirement

To book range time, participate in firearms-related activities, or access certain features of the GunGov platform, you must:

• Hold a valid firearms licence issued by the appropriate State or Territory authority:
  • NSW: NSW Police Force Firearms Registry
  • VIC: Licensing and Regulation Division (Victoria Police)
  • QLD: Queensland Police Service Weapons Licensing
  • SA: South Australia Police Firearms Branch
  • WA: Western Australia Police Force Firearms Branch
  • TAS: Tasmania Police Firearms Services
  • NT: Northern Territory Police Firearms Services
  • ACT: ACT Policing Firearms Registry
• Ensure your licence is current and has not expired - Expired licences are invalid and you may not use the platform for firearms-related activities with an expired licence
• Hold the appropriate licence category for the firearms you intend to use (see Section 2.3)
• Maintain a genuine reason for holding your licence as required by law (see Section 2.4)
• Update your licence details on the platform within 7 days of any changes (renewal, category changes, address changes, etc.)

GunGov reserves the right to verify your licence details with the relevant State or Territory firearms registry at any time. Failure to hold a valid licence or providing false licence information will result in immediate suspension or termination of your account.

2.3 Firearms Licence Categories

Australian firearms licences are divided into categories based on firearm type. You must hold the appropriate category licence for the firearms you intend to use:

• Category A: Air rifles, rimfire rifles (excluding self-loading), shotguns (excluding pump action or self-loading)
• Category B: Muzzleloading firearms, centrefire rifles (excluding self-loading), shotgun/rifle combinations
• Category C: Self-loading rimfire rifles with magazine capacity of 10 rounds or less, self-loading shotguns with magazine capacity of 5 rounds or less, pump-action shotguns with magazine capacity of 5 rounds or less
• Category D: Self-loading centrefire rifles, self-loading shotguns with magazine capacity of more than 5 rounds, pump-action shotguns with magazine capacity of more than 5 rounds, self-loading rimfire rifles with magazine capacity of more than 10 rounds
• Category H: Handguns (pistols and revolvers)

Important: Categories C, D, and H have additional restrictions and requirements (e.g., occupational requirements for C and D, club membership requirements for H). You are solely responsible for ensuring you hold the correct licence category and meet all requirements for using specific firearms.

2.4 Genuine Reason Requirement

Under Australian law, you must have a genuine reason for possessing and using firearms. Acceptable genuine reasons include:

• Sport/Target Shooting: Participation in approved shooting competitions or target practice
• Recreational Hunting/Vermin Control: Hunting on property where you have permission
• Primary Production (Farming): Use in the course of primary production activities
• Occupational Requirements: Security work, professional shooting, animal control
• Firearms Collection: Bona fide collection of firearms as curios or memorials

Not Acceptable: Self-defense or personal protection is NOT a genuine reason for holding a firearms licence in Australia. GunGov is primarily designed for sport/target shooting genuine reason holders. You must maintain your genuine reason throughout your use of the platform (e.g., maintaining club membership for sport shooting).

2.5 Fit and Proper Person Test

To hold a firearms licence and use the GunGov platform, you must meet the "fit and proper person" test under Australian law. This means:

• Criminal History: You have not been convicted of certain offences (violence, drug offences, weapons offences, sexual offences, etc.)
• Domestic Violence: You are not subject to a domestic violence order or apprehended violence order involving firearms
• Mental Health: You do not suffer from any mental or physical condition that would make it unsafe for you to possess or use firearms
• Character: You are of good character and can be trusted to possess and use firearms safely and lawfully

By using GunGov, you represent and warrant that you meet the fit and proper person test. You must immediately notify us if your circumstances change such that you no longer meet this test (e.g., criminal charges, domestic violence order, mental health diagnosis).

2.6 Prohibited Persons

The following persons are prohibited from using the GunGov platform:

• Persons under 18 years of age
• Persons who do not hold a valid firearms licence (for firearms-related activities)
• Persons whose licence has been suspended, revoked, or cancelled
• Persons subject to firearms prohibition orders
• Persons prohibited from possessing firearms by court order or legislation
• Persons convicted of prescribed offences (violence, weapons, drugs, etc.) within specified timeframes
• Persons subject to domestic violence orders or apprehended violence orders involving firearms
• Persons deemed not fit and proper to hold a firearms licence

3. User Account Registration and Responsibilities

3.1 Account Creation

To use most features of the GunGov platform, you must create an account. During registration:

• You must provide accurate, complete, and current information
• You must provide your real name and contact details
• You must verify your age (18+)
• You must accept these Terms and our Privacy Policy
• You may be required to verify your email address and/or phone number
• You must upload proof of your firearms licence (for firearms-related activities)

3.2 Account Security

You are responsible for maintaining the security of your account:

• Choose a strong, unique password (minimum 8 characters, combination of letters, numbers, symbols)
• Enable two-factor authentication (2FA) if available (strongly recommended)
• Do not share your password or login credentials with anyone
• Do not allow others to access your account
• Log out after using shared or public devices
• Notify us immediately if you suspect unauthorized access to your account

You are responsible for all activities that occur under your account, whether or not authorized by you. We will not be liable for any loss or damage arising from your failure to maintain account security.

3.3 Accurate Information

You must keep your account information accurate and up to date. You must update your information within 7 days if:

• Your firearms licence is renewed, suspended, or expired
• Your licence category changes
• Your residential address changes
• Your contact details (email, phone) change
• Your club membership status changes
• You are subject to any legal orders affecting your firearms eligibility

4. Platform Use and Acceptable Conduct

4.1 Permitted Uses

You may use the GunGov platform for the following lawful purposes:

• Booking range time at affiliated firearms clubs and ranges
• Managing your firearms compliance records
• Tracking range attendance for licence renewal purposes
• Joining and managing club memberships
• Registering for firearms training courses and events
• Communicating with clubs and other users (where functionality provided)
• Accessing firearms safety resources and educational content

4.2 Prohibited Conduct

The following activities are strictly prohibited and may result in immediate account termination and reporting to authorities:

• Illegal Firearms Activities:
  • Facilitating illegal firearms sales, transfers, or acquisitions
  • Advertising or offering to sell firearms without proper licensing and Permit to Acquire
  • Using the platform to circumvent firearms registration requirements
  • Facilitating access to firearms by prohibited persons
• Misrepresentation:
  • Providing false licence information
  • Using another person's licence details
  • Creating fake or duplicate accounts
  • Impersonating another user, club, or organization
• Security and Platform Integrity:
  • Hacking, reverse engineering, or attempting to compromise platform security
  • Using automated scripts, bots, or scrapers
  • Attempting to gain unauthorized access to other users' accounts
  • Transmitting malware, viruses, or malicious code
• Harmful Content:
  • Posting violent, threatening, or extremist content
  • Harassing, bullying, or intimidating other users
  • Posting illegal content or content that violates others' rights
  • Spamming or sending unsolicited commercial messages
• Prohibited Information:
  • Sharing instructions for illegal firearms modifications
  • Sharing information about illegal firearms manufacturing
  • Distributing information intended to circumvent firearms laws

4.3 User-Generated Content

If the platform allows you to post content (comments, reviews, photos, etc.):

• You retain ownership of your content, but grant us a license to use, display, and distribute it on the platform
• You must not post content that is illegal, offensive, defamatory, or violates others' rights
• You must not post copyrighted content without permission
• You must comply with all applicable laws regarding firearms-related content
• We reserve the right to remove content that violates these Terms or is otherwise objectionable

5. Compliance with Australian Firearms Legislation

5.1 Applicable Legislation

Your use of the GunGov platform is subject to compliance with all applicable firearms legislation, including but not limited to:

• Commonwealth: Firearms Act 1996 (Cth), Customs Act 1901 (Cth), Crimes Act 1914 (Cth)
• New South Wales: Firearms Act 1996 (NSW), Firearms Regulation 2017 (NSW), Weapons Prohibition Act 1998 (NSW)
• Victoria: Firearms Act 1996 (Vic), Firearms Regulations 2019 (Vic), Control of Weapons Act 1990 (Vic)
• Queensland: Weapons Act 1990 (Qld), Weapons Regulation 2016 (Qld), Weapons Categories Regulation 1997 (Qld)
• South Australia: Firearms Act 2015 (SA), Firearms Regulations 2017 (SA)
• Western Australia: Firearms Act 1973 (WA), Firearms Regulations 1974 (WA)
• Tasmania: Firearms Act 1996 (Tas), Firearms Regulations 2020 (Tas)
• Northern Territory: Firearms Act 1997 (NT), Firearms Regulations 1997 (NT)
• Australian Capital Territory: Firearms Act 1996 (ACT), Firearms Regulation 2008 (ACT)

State Variations: Firearms laws vary significantly between jurisdictions. You are solely responsible for understanding and complying with the laws of your State or Territory. GunGov does not provide legal advice.

5.2 Safe Storage Requirements

While GunGov is a booking platform and does not involve actual firearms storage, users must be aware of and comply with Australian safe storage requirements:

• Firearms must be stored in a securely fixed safe or lockable receptacle when not in use
• Ammunition must be stored separately from firearms
• Storage containers must meet Australian/New Zealand Standard AS/NZS 3809
• Storage requirements vary by licence category and State/Territory
• Failure to comply with storage requirements is a criminal offence

5.3 Transportation Requirements

When traveling to/from ranges booked through GunGov, you must comply with transportation requirements:

• Firearms must be unloaded during transport
• Firearms must be carried in a case or securely wrapped
• Firearms and ammunition must be stored separately during transport
• Transport must be by a "reasonably direct route"
• Some States require notification for interstate transport
• Firearms must not be left unattended in vehicles (except in locked containers meeting specific standards)

5.4 Use of Firearms at Ranges

When using firearms at ranges booked through GunGov:

• You must follow all range safety rules and Range Officer instructions
• You must only use firearms for which you hold an appropriate licence category
• You must treat all firearms as loaded unless proven otherwise
• You must never point a firearm at another person
• You must keep your finger off the trigger until ready to shoot
• You must be sure of your target and what is beyond it
• You must not be under the influence of alcohol or drugs
• You must report any accidents or incidents immediately

5.5 Record Keeping and Attendance Requirements

For users with sport/target shooting genuine reason:

• You must attend an approved range a minimum number of times per year (varies by State - typically 4-6 times for Category A/B, 6-10 times for Category H)
• Attendance must be logged and may be verified by firearms authorities
• GunGov assists with attendance tracking but you are ultimately responsible for meeting requirements
• Failure to meet attendance requirements may result in licence non-renewal
• You must be a financial member of an approved club (for Category H and some States for other categories)

5.6 Loss, Theft, or Destruction of Firearms

If you experience loss, theft, or destruction of firearms:

• You must report it to police immediately (generally within 24 hours)
• You must report it to your State/Territory firearms registry
• Failure to report can result in criminal charges
• You should also notify your club and update your records on GunGov

6. Bookings, Payments, and Refunds

6.1 Range Bookings

When booking range time through GunGov:

• You must hold a valid firearms licence appropriate to the firearms you intend to use
• You must comply with the range's terms and conditions
• Bookings are subject to availability and may be declined by the range
• You must arrive on time for your booking
• Late arrivals may forfeit their booking without refund (subject to range policy)
• You must bring your firearms licence and government-issued photo ID to the range

6.2 Payment Processing

All payments on the GunGov platform are processed through PowerBoard by CommBank:

• Payment is required at the time of booking (unless otherwise specified)
• We accept major credit and debit cards
• All prices are in Australian Dollars (AUD) and include GST where applicable
• Your payment information is encrypted and securely processed (see our Security Policy)
• You authorize us to charge your payment method for all fees and charges

6.3 Pricing and Fees

Pricing on the GunGov platform includes:

• Range booking fees: Set by individual ranges and displayed before checkout
• Club membership fees: Set by individual clubs (one-time or recurring)
• Event registration fees: Set by event organizers
• Platform service fees: May apply to certain transactions (clearly disclosed)
• GST: All prices include 10% GST where applicable

Prices are subject to change at any time, but changes will not affect bookings already confirmed. We will display the total amount including all fees before you complete your purchase.

6.4 Cancellations and Refunds

For detailed information about cancellations and refunds, please refer to our Refund and Cancellation Policy at gungov.com.au/refund. In summary:

• 48+ hours notice: Full refund (minus payment processing fees)
• 24-48 hours notice: 50% refund
• Less than 24 hours: No refund (except extenuating circumstances)
• Refunds are processed to the original payment method within 5-10 business days

7. Club Memberships and Subscriptions

7.1 Club Membership

GunGov facilitates club membership management:

• Club membership is required for some licence categories (particularly Category H)
• Membership fees and requirements are set by individual clubs
• You must maintain financial membership to continue accessing club facilities
• Membership may be terminated by the club in accordance with their rules
• GunGov is not responsible for disputes between members and clubs

7.2 Recurring Subscriptions

If you subscribe to recurring services (e.g., monthly membership):

• You authorize us to charge your payment method automatically at each renewal period
• You will receive email notification before each renewal
• You can cancel at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds for partial billing periods (except as required by Australian Consumer Law)
• You have a 14-day cooling-off period for new subscriptions

8. Intellectual Property Rights

8.1 GunGov Intellectual Property

All content and materials on the GunGov platform are owned by or licensed to Enkisonics Pty Ltd:

• The "GunGov" name, logo, and branding
• Platform software, code, and algorithms
• Website design, layout, and user interface
• Text content, images, videos, and other media
• Databases and data compilations

These materials are protected by Australian and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without our express written permission.

8.2 Limited License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the GunGov platform for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to:

• Resell or commercially exploit the platform or its content
• Collect or use product/service listings or descriptions
• Make derivative works of the platform
• Download or copy account information for the benefit of another party
• Use data mining, robots, or similar data gathering tools

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy at gungov.com.au/privacy, which is incorporated into these Terms by reference.

Key privacy points:

• We collect personal information including your name, contact details, and firearms licence information
• We use your information to provide services, process bookings, and comply with legal obligations
• We do NOT sell your personal information to third parties
• We do NOT voluntarily report your range attendance to government authorities
• Your data is stored securely on servers in Australia
• You have rights to access, correct, and delete your personal information

9.1 Customer Due Diligence (CDD) Procedures

For club onboarding and member verification, GunGov implements comprehensive Customer Due Diligence procedures in compliance with Australian firearms legislation, AML/CTF requirements, and payment industry standards. For detailed information, please refer to our Customer Due Diligence Procedure at gungov.com.au/cdd-procedure.

Key CDD points:

• All clubs are onboarded through a controlled, invitation-only process - no public self-registration is permitted
• Mandatory verification of government-issued Range Approval and Club Approval documents before onboarding
• Know Your Business (KYB) checks including ABN verification and official governance structure validation
• Representative-assisted onboarding with manual compliance review and approval
• Ongoing monitoring of document validity, transaction patterns, and compliance status

10. Disclaimers and Limitations of Liability

10.1 Platform "As Is"

The GunGov platform is provided "as is" and "as available" without warranties of any kind:

• We do not warrant that the platform will be uninterrupted, error-free, or secure
• We do not warrant that defects will be corrected
• We do not warrant the accuracy or completeness of content
• We do not warrant that the platform will meet your requirements

To the maximum extent permitted by law, we disclaim all implied warranties including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 No Legal Advice

GunGov is not a law firm and does not provide legal advice. Information on the platform about firearms laws is for general informational purposes only and should not be relied upon as legal advice. You should consult a qualified firearms lawyer if you have questions about your legal obligations.

10.3 Third-Party Services

GunGov facilitates bookings with independent firearms clubs and ranges. We are not responsible for:

• The quality, safety, or legality of services provided by clubs and ranges
• The conduct of club members, range officers, or other users
• Accidents, injuries, or property damage occurring at ranges
• Disputes between users and clubs/ranges
• The accuracy of information provided by clubs/ranges

10.4 Limitation of Liability

To the maximum extent permitted by Australian law:

• Enkisonics Pty Ltd, its directors, employees, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages
• This includes loss of profits, data, goodwill, or other intangible losses
• Our total liability for any claims arising from your use of the platform is limited to the amount you paid us in the 12 months before the claim arose
• This limitation applies regardless of the legal theory (contract, tort, negligence, etc.)

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or other applicable consumer protection laws that cannot be excluded, restricted, or modified by agreement.

10.5 Indemnification

You agree to indemnify, defend, and hold harmless Enkisonics Pty Ltd from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the GunGov platform
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of the rights of any third party
• Your provision of false or misleading information
• Your use of firearms at ranges booked through the platform

11. Account Suspension and Termination

11.1 Termination by You

You may terminate your account at any time:

• Go to your account settings and select "Close Account"
• Or email support@gungov.com.au requesting account closure
• Closure takes effect within 30 days
• You remain liable for all outstanding fees and obligations
• Termination does not entitle you to a refund of any fees already paid

11.2 Termination or Suspension by Us

We may suspend or terminate your account immediately without notice if:

• You violate these Terms or our policies
• You engage in illegal activity
• You provide false information (especially regarding licensing)
• Your firearms licence expires, is suspended, or is revoked
• You are subject to a firearms prohibition order
• We receive reports of unsafe or inappropriate behavior
• We are required to do so by law or court order
• Your account has been inactive for more than 12 months

11.3 Effect of Termination

Upon termination of your account:

• Your right to access the platform immediately ceases
• All licences and rights granted to you under these Terms immediately terminate
• You remain liable for all outstanding payments
• Provisions that by their nature should survive (liability limitations, indemnification, governing law) will continue to apply
• Your personal information will be handled in accordance with our Privacy Policy

12. Dispute Resolution

12.1 Informal Resolution

If you have a dispute with GunGov, please contact us first to attempt an informal resolution:

• Email: support@gungov.com.au
• Provide details of your complaint and desired resolution
• We will respond within 5 business days
• Most disputes can be resolved through good-faith negotiation

12.2 Formal Dispute Resolution

If informal resolution fails, you may pursue formal dispute resolution:

• Consumer complaints: Contact the Office of Fair Trading in your State/Territory
• Privacy complaints: Contact the Office of the Australian Information Commissioner (OAIC)
• Payment disputes: Contact your bank or credit card provider for chargebacks
• Legal action: See Section 13 (Governing Law and Jurisdiction)

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. This includes:

• Queensland statute law and common law
• Applicable Commonwealth legislation (including firearms legislation)
• Australian Consumer Law

You agree that any disputes arising from these Terms or your use of the GunGov platform will be subject to the exclusive jurisdiction of the courts of Queensland, Australia. This means:

• Legal proceedings must be commenced in Queensland courts
• You submit to the personal jurisdiction of Queensland courts
• Queensland law will apply to the interpretation and enforcement of these Terms

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes:

• We will update the "Last Updated" date at the top and bottom
• We will notify you via email to your registered email address
• We will display a prominent notice on the platform
• For significant changes, we may require you to review and accept the updated Terms before continuing to use the platform

Your continued use of the platform after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the platform and close your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and any other policies referenced herein, constitute the entire agreement between you and Enkisonics Pty Ltd and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

15.4 Assignment

You may not assign or transfer these Terms or your account to any third party without our written consent. We may assign these Terms to any successor entity (e.g., in the event of a merger or acquisition).

15.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, wars, terrorism, pandemics, government actions, labor disputes, or technical failures.

16. Contact Information

For questions, concerns, or complaints about these Terms or the GunGov platform, please contact us:

Effective Date: November 2025 | Last Updated: November 2025

These Terms and Conditions comply with the Australian Consumer Law, the Privacy Act 1988 (Cth), and all applicable Australian firearms legislation including the Firearms Act 1996 (Cth) and equivalent State and Territory firearms laws.

Disclaimer: This document provides general information only and does not constitute legal advice. The laws governing firearms in Australia are complex and vary by jurisdiction. Users should seek independent legal advice regarding their specific circumstances and obligations under firearms legislation.