TERMS & CONDITIONS
FYI SOFTWARE PTY LTD (A.B.N. 81 620 462 991) of 217 Flinders Street, Adelaide SA 5000 (‘we’, ‘us’, ‘FYI’) and you, the person accessing our sites and services (‘you’, ‘your’)
- Your Use of Our Service
These terms apply to you as a user of our service. In these terms, ‘content’ includes all documents, files, forms, text, software, scripts, graphics, media, interactive features and other materials created by or owned by us that you may view on, use or access through our service.
Our service includes all aspects of our service, including but not limited to all products, software and services offered via our websites or over the internet and, includes any embeddable form or document portal, our web applications and our downloadable applications.
Our service may contain links to third party sites and services that are not owned or controlled by us. We warrant that use of our service will not infringe any third party intellectual property rights. We have no control over, do not endorse and assume no responsibility for, the content, privacy policies, or practices of any third-party site, content or service. In addition, we will not and cannot censor or edit the content of any third-party site or service. By using our service, you expressly relieve us from any liability arising from your use of any third-party site, content or service other than infringement of third party intellectual property rights caused by use of our service.
We will indemnify you against any loss that you incur as a result of any third-party claim that our service infringes the intellectual property rights of a third party except if you access or use our service in breach of these terms.
- Your Account With Our Service
To access most features of our service, you will need to create a user account with us. You should never use another person’s account on our service without their express consent.
When creating your account, you must provide up to date, accurate and complete information and you are responsible for maintaining the accuracy and currency of information provided by you.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately upon becoming aware of any breach of security or unauthorized access or use of your account, the services and any content, whether by you or a third party.
Although we will not be liable for any losses you suffer because of any such unauthorised access or use of your account, you may be liable for the losses we or others suffer or incur due to such unauthorised access or use but only to the extent that those losses were caused by you.
- General Permissions and Restrictions
We grant you permission to access and use our service in accordance with these terms only, unless otherwise agreed between the parties.
You must not distribute, reproduce or make available, in any medium or format any part of our service or content without our prior written authorisation (which will not be unreasonably withheld), unless we make available the means for such distribution through functionality offered by our service (such as an embeddable document portal).
You agree not to alter or modify any part of our service or content unless otherwise agreed between the parties.
You agree not to access content through any technology or means other than as facilitated and contemplated by our service itself, or other explicitly authorized means we may designate or the parties may agree.
You agree not to use our service for any of the following commercial uses unless you obtain our prior written approval:
The sale of access to our service; or
The sale of advertising, sponsorships, or promotions placed on, within or in relation to our service or content.
Prohibited commercial uses do not include:
Gathering data or preparing documents through our service in accordance with these terms; or
Any use that we expressly authorise in writing.
If you are permitted to embed any forms or other content on your own website, you may not modify, build upon, or block any portion or functionality of the embedded content, including but not limited to links back to our website, unless otherwise agreed.
If you use our downloadable applications, you agree that they may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of our applications.
You agree not to use or launch any automated system, (including without limitation, robots, spiders, or offline readers), that accesses our service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional web browser. But we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including account names and other personal or financial data, from our service, nor to use the communication systems provided by our service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of our service with respect to their content.
In your use of our service, you will comply with all laws that are applicable to you.
You must not use, nor permit any third party to access or use any part of the content or the service for any unlawful purpose.
We acknowledge that, as between you and us, all intellectual property rights in the information or other material provided to us by you or on behalf of you which we are required to host, use or modify in the provision of the service are owned by you.
We reserve the right to discontinue any aspect of our service by providing at least 90 days written notice.
- Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content.
The content on our service, and the trademarks, service marks and logos (‘marks’) on our service, that are owned by or licensed to us, are subject to copyright and other intellectual property laws whether existing, contingent and future rights, and remain the property of us or our licensor, as the case may be.
Content is provided to you on an ‘as is’ basis. You may access content for your as intended through the functionality of our service, and as permitted under these terms. You must not download any content other than via the functionality within our service for the download of content.
You must not copy, reproduce, reverse engineer, decompile, adapt, distribute, translate, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purpose not expressly permitted by these terms without our prior written consent, or the consent of the respective owner of the content (which we will obtain, and which will not be unreasonably withheld). We and our licensors reserve all rights not expressly granted in and to our service and the content. Under no circumstances does content transfer to you by mere use or any licence granted under these terms.
You agree not to circumvent, disable or otherwise interfere with security-related features of our service, or features that prevent or restrict use or copying of any content or enforce limitations on use of our service or the content.
You understand that when using our service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety of or relating to such content.
To the extent that our service provides you with content in a form that can be copied, reproduced, altered or adapted (for example, in Microsoft Word, HTML or open text format), you are only licensed to do so in accordance with the functionality of our service. Any licence granted to you in relation to any aspect of our service is provided to you on a non-exclusive, transferable, sublicensable, irrevocable basis. Without limiting the forgoing, by using our service you agree that unless otherwise agreed:
You must not use any part of any content for any purpose except the specific purpose for which the content was ordered and provided;
You must not copy any part of any content for any purpose except in relation to the transaction for which the content was ordered and provided;
You must not interfere with, alter or attempt to copy or reproduce any part of our service while using our service;
You must not represent that the content or our service was created by your own resources, or those of a third party.
- Your Content and Conduct
As the holder of an account, you may submit content to our service, including forms, data, and documents. We will use best efforts to ensure that our systems and practices are consistent with best industry practice and keep all content you provide secure and will notify you immediately in the event of a breach.
You are solely responsible for your own content and the consequences of submitting and publishing your content on or through our service.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish or otherwise deal with content you submit; and you grant to us a revocable, non-transferable, non-sublicensable license to all intellectual property rights subsisting in any such content including patent, trademarks, trade secrets, copyright and all other proprietary rights in and to such content for publication on our service under these terms, but only to the extent necessary for us to provide you with the agreed service.
For clarity, you retain all your ownership rights in your content. However, by submitting content to us on our service, you grant us a non-exclusive, royalty-free, revocable, non-sublicensable and non-transferable license to use the content, but only to the extent necessary to provide our service to you.
You further agree that content you submit to our service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all the license rights granted under these terms. You agree that you are solely responsible for securing the appropriate rights or licenses to use, copy, adapt, translate, publish or otherwise deal with any third party material or content.
You further agree that you will not knowingly submit to our service any content or other material that is contrary to applicable local, national, and international laws and regulations.
We do not endorse any content submitted to our service by any user or other licensors, or any opinion, recommendation, or advice expressed in any content. We expressly disclaim any liability for any content. We do not permit copyright infringing activities and infringement of intellectual property rights on our service, and we will remove all content if properly notified that such content infringes on another’s intellectual property rights.
We reserve the right to remove content with reasonable prior written notice to you.
We may (subject to obtaining your prior written agreement) use your personal, company or trading name in promotional or marketing material. This may be of the form print, TV, radio or multimedia (including web). Example uses may include; promotional flyers, or website case studies.
- Your Data and Storage
We make no representation that you will be able to access your content.
We reserve the right to delete all your content immediately on termination of your account.
We may levy an additional charge for any export of any of your content from our service.
All content and data accessed and saved via fyi.com. is saved on servers based wholly within the Commonwealth of Australia.
- Your Comments and Recommendations
If you provide comments or recommendations to us about our content or the content of other users of our service, such comments and recommendations may be adopted by us and integrated into the content and our service. In consideration of your access of our service you assign and agree to assign all copyrights and other intellectual property in the comments and recommendations to us for no further consideration or attribution.
- No Legal Advice
We are not a professional services firm and are not an incorporated legal practice. Our service is not intended to give legal advice or provide you with any legal services. Furthermore, if you are not a qualified legal practitioner or an incorporated legal practice, then use of our service or content to provide services to third parties may constitute a breach of law.
We strongly recommend that before you use any content, you obtain legal advice on your circumstances and the suitability of the content to meet your requirements. All content is general in nature and may not cover every situation that might arise.
Laws vary between jurisdictions, and between the states and territories within a jurisdiction. Laws are also subject to frequent change. We do not warrant or represent that any content is appropriate to the laws of any particular jurisdiction, nor up to date with changes in applicable laws.
Any use of our service or content is at your sole risk.
- Our Fees and Charges
We may from time to time nominate reasonable variations to fees and charges for access to or use of our service on a periodic subscription basis or on a pay-per-use basis for specific content (our ‘fees’). We will provide reasonable notice to you of any variations to our fees and charges.
You warrant that you understand and agree to the fees as nominated in our service from time to time. We may change any fees charged for our service or use of content if agreed between the parties.
If there is an increase in periodic fees, the new fees will become payable from the earlier of:
Seven days after a notice in respect of the change in fees is posted on our service; and
Your entry to a new agreement or the renewal of a term.
If we introduce a new service or new content, any fees for the use of that service or content is applicable from the commencement of our service or the availability of the content, unless otherwise stated. By using our service or content you warrant that you agree to the applicable fees.
Unless otherwise stated, all fees are inclusive of all goods and services and value-added taxes are quoted in Australian dollars.
In respect of fees payable on account, you must pay the fees to us within thirty days of being invoiced or receipt of a notice for payment. You authorise us to charge all monies payable to us under these terms to your account, and levy charges directly against any bank account or credit or charge card for which you have provided details to us.
- Our Delivery Policy
The content you order through our service will, if relevant, be delivered electronically to you on the earlier of when you download it or when you click to have us send it to you by email to the email address you have nominated when setting up your account.
If you request that content be delivered in hard copy (including through our printing, binding, and courier delivery service), then the content will be delivered as soon as is reasonably practical in the ordinary course of business. However, we do not guarantee courier delivery times. Courier fees are included in the price we have quoted.
- Our Refund Policy
Subject to where you are entitled to a statutory guarantee under the Australian Consumer Law, you agree that because of the nature of our service, we will not allow any refunds, returns, or exchanges, and that we provide refunds at our absolute discretion and in exceptional circumstances.
Without limitation, no refund of any fees will be offered after:
The conclusion of any nominated trial period; or
Access to content for which a fee is levied outside a trial period.
In respect of any amount due from us to you, we may pay such monies by such method as we reasonably choose.
- Termination of Your Account
You may request us to terminate your account. This request must only be made through our service.
We reserve the right to terminate your account at any time with prior written notice in the following circumstances:
You have previously sent a request to us to terminate your account;
Your payment for our service cannot be processed within 30 days of the due date for payment;
We have reasonable grounds to believe your account has been used in violation of these terms; or
We have not received a form submission from your account, or your account has not been accessed, for a period of 6 months.
If your account is terminated we will not provide any refund for unused time in your billing cycle.
On termination of access to our service for the reasons outlined above, the following terms apply:
You must immediately discontinue use of our service, and cease to use any intellectual property, confidential information, and any other content;
All fees previously paid remain our property and you agree to make no claim in respect of such fees. You must further pay to us any fees that have accrued but are unpaid as at the date of the termination or expiration.
- Warranty Disclaimer
To the fullest extent permitted by Law, FYI, its officers, Directors, Employees, and Agents disclaim all warranties, express or implied, in connection with the service and your use thereof.
To the fullest extent permitted by law, FYI makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site, and assumes no liability or responsibility for any:
Errors, mistakes, or inaccuracies of content,
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service,
Any unauthorised access to or use of our secure servers and/or any personal information and/or financial information stored therein,
Any interruption or cessation of transmission to or from our service,
Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our service by any third party provided that we have implemented reasonable security measures in accordance with these Terms, and/or
Any errors omissions in any content or for any loss or damage of any kind incurred because of the use of any content posted emailed, transmitted, or otherwise made available via the service.
FYI does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked services or featured in any banner or other advertising.
FYI will not be party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- Limitation of Liability
To the fullest extent permitted by law, in no event and under no circumstances is FYI, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
Errors, mistakes, or inaccuracies in content,
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service,
Any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
Any interruption or cessation or transmission to or from our service,
any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or
any errors or omissions in any content or for any loss or damage of any kind incurred because of your use of any content posted, emailed, transmitted, or otherwise made available via the service,
Whether based on warranty, contract, tort, or any other legal theory, and whether the company is advised of the possibility of such damages. The foregoing limitation of liability apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that FYI is not liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by us from our facilities in Australia, New Zealand and the United States. We make no representations that our service is appropriate or available for use in any location. Those who access or use our service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The limits on liability in this clause do not apply to:
A party’s fraud, fraudulent misrepresentation, wilful misconduct, or conduct that demonstrates a reckless disregard for the rights of others;
Negligence causing death or personal injury;
Any indemnification obligations; or
Our infringement of yours or third party Intellectual Property Rights.
- General Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms.
These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
You agree that our service is:
Solely based in South Australia, Australia; and
A passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than South Australia, Australia.
These terms are governed by the internal substantive laws of the State of South Australia, Australia, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from our service must be decided exclusively by a court of competent jurisdiction located in South Australia, Australia.
These terms, together with the Privacy Notice constitute the entire agreement between you and us concerning our service.
If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision does not affect the validity of the remaining provisions of these terms, which remain in full force and effect.
No waiver of any term of this these terms is deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms does not constitute a waiver of such right or provision.
We reserve the right to amend these terms at any time and without notice, and it is your responsibility to review these terms for any changes.
Your use of our service following any amendment of these terms will signify your assent to and acceptance of its revised terms.
You and use agree that any cause of action arising out of or related to the services must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Our Contact Details
For the purposes of these terms, a reference to ‘we’, ‘us’ and ‘FYI’ is a reference to FYI Software Pty Ltd (A.B.N. 81 620 462 991).
We may be contacted by email: email@example.com