Terms of service
WEBSITE TERMS OF USE
P & L Administration Services Pty Ltd ACN 642 232 817 T/A Fambridge
1. Background and Introduction to Terms of Use
Through our website fambridge.com.au we provide you with information regarding our company and provide you with our Services.
These Terms of Use outline what you need to be aware of when you use our website and purchase our Services, link to our website from your own site or visit other sites via a link from our website. They set out the legal relationship between you and us in connection with our website and Services.
By accessing, viewing, relying on or otherwise using our website and Services, you accept these Terms of Use and agree to be bound by them and by any other notice contained on our website (as amended from time to time).
If you do not accept these Terms of Use you are not authorised to use our website or our Services.
2. Meaning of words
In these Terms of Use:
● Fee and Fees means the monthly subscription fee payable by you for your access to and use of the Software, as set out in Schedule 1;
● notice includes a disclaimer, a disclosure or other statement, a consent and terms and conditions;
● related body corporate has the meaning given in the Corporations Act 2001 (Cth);
● Services means our services supplied via the website, as amended from time to time;
● Software means the software licensed, developed and amended from time to time by us
● Terms of Use means these terms of use as amended from time to time;
● we, us and our refer to P & L Administration Services Pty Ltd ACN 642 232 817 and any of its related bodies corporate to which it says that these Terms of Use apply;
● website refers website to www.fambridge.com.au and any variation or tailored version of the website created for your use;
● you refers to you the user of our website or Services; and
● the singular includes the plural and vice versa.
3. Licence to use and fees
- a) We grant you a non-exclusive licence to use our website and Software only for the purpose of accessing the information and using the Services.
- b) The licence granted under section 3(a) is for the period until such time as these Terms of Use terminate in accordance with section 14.
- c) The licence referred to above will only be granted for the period for which you have paid the applicable Fees.
4. Using our website and Services
By using our website and the Services you understand, confirm, acknowledge and agree that:
- a) your use of our website and your use and ordering of our Services is subject to our Privacy Policy;
- b) we do not endorse the services, products or offering of any individual, firm or company that may be referred or introduced to you by us via the website;
- c) the posting of any content does not constitute any offer or supply of goods, products or services by us to you;
- d) we do not make any representations or warranties in relation to the website content and in particular as to whether it is reliable, accurate, up to date or complete;
- e) we do not warrant that the website will be uninterrupted, timely, secure, or error-free; and
- f) if you use a link to our website, you will include on your own website any disclaimer, notices or pop up pages that we may require in order to advise users that they are being redirected to our website.
5. User Accounts
- a) To access and use the Software, you will need to open an account with Fambridge and subscribe to the Software by paying the applicable Fee. You will then be able to log in to the Software via an Internet Browser;
- b) To use our Software, you must be located within Australia;
- c) You are responsible for maintaining the security and confidentiality of your user credentials and password and ensuring that these details remain accurate and up-to-date;;
- d) You are responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security;
- e) We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be held liable for losses incurred by us or another party due to someone else using your account or password;
- f) You may not use anyone else's account at any time, nor assign or transfer your account to any other person;;
- g) You agree to maintain and update your user information, data and password as required to keep it accurate, current, and complete;;
- h) You agree that we may store and use the information and data you provide us. All personal information will be held and used in accordance with our Privacy Policy - PRIVACY POLICY
- j) You acknowledge and agree that we may establish general practices and limits for the use
- of the Software, including without limitation:
- (i) the maximum number of days that content will be retained;
- (ii) the maximum disk space that will be allotted on our servers on your behalf; and
- (iii) the maximum number of times (and the maximum duration for which) you may access the Software in a given period of time; and
- k) You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted by or via the Software.
6. Limitation of liability
To the extent permitted by law, neither we, nor any of our employees, agents or officers are liable to you for any direct or indirect loss or liability arising from, or any costs, charges or expenses you incur in connection with:
- a) information published, displayed or available on our website;
- b) your use of our website or Services;
- c) any action taken, failure to act, decision made or reliance by you on the basis of the website content and the data and information in the website;
- d) any modification, suspension or discontinuance of our website, products or Services;
- e) any errors or delays in the website content, or for any actions you or third parties may take in reliance on it; or
- f) your use of any services, products or offering provided by any individual, firm or company referred by us to you via the website.
This limitation applies whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.
7. Indemnity
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
- a) any content you submit, post, transmit or make available through the website;
- b) your use of the website or Services; or
- c) any violation of these Terms of Use.
8. Website security
We do not guarantee that information transmitted over the internet is totally secure. Therefore, when you send us information you do so at your own risk.
Whilst we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, 4
modification and disclosure, we do not guarantee that any information provided to us through the website is secure.
Your use of our website is at your own risk. We do not guarantee that our website is free from viruses, or that access to our website or services will be uninterrupted. You should therefore ensure that your equipment is protected from viruses and any other interference that could damage your equipment.
9. Information about you & your privacy
Our Privacy Policy sets out how we deal with personal information generally. If these Terms of Use are inconsistent with our Privacy Policy, these Terms of Use will take precedence.
10. Collecting information & cookies
When you use our website, we may collect personal information about you. Ordinarily, we tell you the purposes for which we collect that information when it is collected. As a general rule, we only collect such information which is necessary for us to provide a product or service to you or to maintain our relationship with you.
The information we collect about you depends on how you use our website and may involve the use of "cookies". Please refer to our Privacy Policy for details on how we may use cookies on our website.
11. Third party websites
Our website may contain links to other websites operated by third parties. We do not endorse or otherwise approve the owners or operators of the third party website, or the information, graphics and material on those websites or the goods or services (including software) offered on those websites.
To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website or the goods and services (including software) offered on any third party website or any information appearing on any website we may offer.
We may receive payments from third parties in relation to goods, services or information supplied or received as a result of users and third parties accessing any links to third party websites contained in our website.
Third party websites are not subject to our privacy standards so you should review the privacy 5
policy and any other relevant notice that appears on a third party website.
12. Copyright & trademarks
The material on our website is protected by copyright. Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of it without our prior written consent.
Our website includes registered trade marks owned by us (or our licensors). You must not use any of these trade marks in any way without our prior written consent.
13. Permitted use and licence
You agree to not use the website:
- a) for any purpose that is unlawful or prohibited by these Terms of Use;
- b) in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party's use and enjoyment of the website;
- c) to attempt to gain unauthorised access to any service, other accounts, computer systems or networks connected to our server or services through hacking, password mining or any other means;
- d) to attempt to obtain any materials or information through any means not intentionally made available through our website;
- e) to impersonate any person or entity;
- f) to submit through any online form or otherwise make available any content that you do not have a right to make available under any law or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- g) to submit through any online form or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation unless expressly authorised to do so;
The information in our website, the Services and these Terms of Use have been prepared in accordance with the laws of the State of New South Wales, and the Commonwealth of Australia. The website may not comply with the laws of any other country.
14. Termination and modification of service
We may in our sole discretion immediately suspend, terminate or limit your access to the website if we deem that you are in breach of the Terms of Use or our Privacy Policy. 6
We will notify you of such suspension, termination or limitation by email within five (5) business days. You agree that we will not be liable to you or any third-party for any termination of your access to the website.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice.
15. Changes to these Terms of Use
This statement sets out our current Terms of Use. It replaces any other Terms of Use which we have previously issued.
We may amend these Terms of Use at any time. If we do, we will publish the amended version on our website www.fambridge.com.au. By accepting these Terms of Use, you agree that our publishing of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of our website will constitute your acceptance of those amendments.
Changes to the fee schedule will take effect 30 days after this change is published on our website.
We suggest you periodically review our Terms of Use for any changes.
All information on the website and provided with the services is subject to change without notice.
16. Contacting us
If you have any questions regarding these Terms of Use please contact us at: info@fambridge.com.au