Terms & Conditions
Please read this carefully. By accessing the FMB Solutions web site at fmbsolutions.com.au
(the "Web Site") you are agreeing to the terms that appear below, whether or not
you register as a user. The FMB Solutions are collectively referred to in these
terms as "the Site".
1. Introduction
fmbsolutions.com.au is owned and operated by FMB Solutions Limited (" FMB Solutions Ltd.")
As a user, you will be able to access material on most areas of the Site without
going through the registration process. Certain areas of the Site are only open
to you if you register.
FMB Solutions Ltd. does not make any charge for you to access the Site. However, you
should be aware that your Internet Service Provider and/or telephone operator may
charge you for time spent accessing the Site in the same way that you are charged
for making telephone calls. You should contact your operator if you require details
of these charges.
There is no specific time limit applying to your access and use of the Site on these
Terms. However, FMB Solutions Ltd. reserves the right to suspend or terminate your
access and use of the Site at any time. It may exercise this right with or without
notice. If applicable, notice will be given to your e-mail address as notified to
FMB Solutions Ltd. In that event, notice will be deemed to be served three hours after
transmission or posting.
2. Use of content and linking to the Site
All material on the Site, including News by E-mail and content made available via
the SMS and WAP Services (collectively, the "Content") belongs to FMB Solutions Ltd.
or its licensors. You may retrieve and display Content on a computer screen, PDA
or mobile telephone, print individual pages on paper (but not photocopy them) and
store such pages in electronic form on disk or on your mobile telephone (but not
on any server or other storage device connected to a network) for your personal,
non-commercial use.
Except as expressly set out above, you may not reproduce, modify, store, archive
or in any way commercially exploit any of the Content. In particular, but without
limiting the general application of the restrictions contained in the preceding
sentence, you may not do any of the following without prior written permission from
FMB Solutions Ltd. (and neither may you allow a third party to do any of the same):
- providing a personalised service
- conducting market research surveys
- running competitions
- providing you with information about products and services we offer
You acknowledge that "FMB Solutions Ltd. ", "fmbsolutions.com.au " are trade
marks and that you may not use them without written permission from FMB Solutions Ltd.f
If you would like to link to the Site, please read and comply with the following
guidelines and all applicable laws.
A web site or WAP site that links to the Site:
- must display an FMB Solutions logo
- may not remove, distort or otherwise alter the size or appearance of the logo;
- may link to, but not replicate, the content;
- must not create a frame or any other browser or border environment around the content;
- must not in any way imply that FMB Solutions Ltd. is endorsing it or its products
or services;
- must not misrepresent its relationship with FMB Solutions Ltd.;
- must not present false information about FMB Solutions Ltd.;
- must not use any FMB Solutions Ltd. trade marks displayed on the Site without permission
from FMB Solutions Ltd.;
- must not be a web site or WAP site that infringes any intellectual property or other
right of any person or that otherwise does not comply with all relevant laws and
regulations;
- must not be a web site or WAP site that contains content that could be construed
as distasteful, offensive or controversial.
FMB Solutions Ltd. expressly reserves the right to request that any link in breach
of these terms be removed and to take whatever other action it deems appropriate.
3. Registration
On registration, you must provide FMB Solutions Ltd. with accurate, complete registration
information and it is your responsibility to inform FMB Solutions Ltd. of any changes
to that information (including in particular your e-mail address)
Each registration is for a single user only. On registration, you will choose a
user name and password. FMB Solutions Ltd. does not permit any of the following:
- any other person sharing your user name and password;
- access through a single name and password being made available to multiple users
on a network.
You are responsible for all use of the Site made by you or anyone else using your
user name and password (collectively,"ID") or using your mobile telephone to access
the SMS Services or WAP Site and for preventing unauthorised use of your ID. If
you believe there has been any breach of security such as the disclosure, the FMB Solutions Ltd. or unauthorised use of your ID or any payment information, you must
notify FMB Solutions Ltd. immediately by e-mailing info@fmbsolutions.com.au.
If you register to use the free e-mail service on the Site, you must not use the
service to send, or use or re-use any material which is unlawful, threatening, abusive,
libellous or indecent or which infringes copyright or other rights of third parties
or which contains any other form of illegal content. You must not use the service
to send any chain e-mails or SMS messages or "spam".
If on registration (or on amendment of your registration details) you provide FMB Solutions Ltd. with an email address that will result in any emails FMB Solutions Ltd.
may send you being sent to you via a computer network operated by or on behalf of
your employer or college (or similar) then you are warranting that you are entitled
to receive emails at that address. You also agree that FMB Solutions Ltd. may refrain
from sending you any emails to such address without notifying you, even if you have
subscribed to receive them, if we receive a request from your employer or college
to stosending emails to that address.
4. No warranties, exclusion of damages, limitation of liability and exclusive remedy
The Content is only for your general information and use and is not intended to
address your particular requirements. In particular, the Content does not constitute
any form of advice, recommendation or arrangement by FMB Solutions Ltd. and is not
intended to be relied upon by users in making (or refraining from making) any specific
investment or other decisions. Appropriate independent advice should be obtained
before making any such decision. Any arrangements made between you and any third
party named on this Site are at your sole risk and responsibility.
No warranties
Because of the number of sources from which FMB Solutions Ltd. Obtains content and
the nature of electronic distribution via the internet and mobile telephones (or
other portable electronic devices), FMB Solutions Ltd. Does not give any warranties
in respect of the site, content, soFMB Solutions Ltd. Software or services available
through the site (collectively, "site services"). In particular, the site services
are provided on an "as is", "with all faults" and "as available" basis. To the extent
allowed by applicable law, FMB Solutions Ltd. Hereby disclaims all warranties, conditions
or duties of every nature whatsoever (except any duties of good faith), including
without limitation, any implied warranties of merchantability or of fitness for
a particular purpose, any express or statutory warranties, and any warranties or
duties regarding accuracy, timeliness, completeness, performance, lack of negligence
or of workmanlike effort. Additionally, FMB Solutions Ltd. Makes no warranty that
the site services are free from infection by viruses or anything else that has contaminating
or destructive properties.
Also, FMB Solutions Ltd. does not provide any warranty against infringement or of
title or quiet enjoyment and makes no express warranties.
No incidental or consequential damages
To the full extent allowed by applicable law, you agree that FMB Solutions Ltd. Will
not be liable to you and/or any third party for any consequential or incidental
damages (including but not limited to lost profits, loss of privacy or for failure
to meet any duty including but not limited to any duty of good faith, lack of negligence
or of workmanlike effort) orfor any other indirect, special, or punitive damages
whatsoever that arise out of or are related to the site services or to any breach
of these terms by FMB Solutions Ltd. , evenif FMB Solutions Ltd. Has been advised of
the possibility of such damages and even in the event of fault, tort (including
negligence) or strict liability.
Limitation on damages; exclusive remedy
You agree that your only recovery for any damages that you incur, and your exclusive
remedy, shall be limited to the direct damages you actually incur in reasonable
reliance on the applicable site service up to a limit of the following, at FMB Solutions
Ltd. 'S election: (1) a refund of the amount you paid FMB Solutions Ltd. (if any)
to receive the relevant service in total during the month in which the damage is
first incurred, less any reasonable allowance for complying services, or (2) correction
or replacement of the service. All limitations will apply to all legal and equitabletheories.
Links
The Site and its services contain links to other World Wide Web or WAP sites provided
by independent third parties ("Third Party Sites"), either directly or through frames.
Where possible, FMB Solutions Ltd. will make clear where such links are being made,
though Third Party Sites may be co-branded with FMB Solutions Ltd. and so include
FMB Solutions Ltd.'s trade mark. FMB Solutions Ltd. is not responsible for the availability
or content of Third Party Sites and will not be a party to, or in any way responsible
for, any transaction concerning goods or services available from such ThirdParty
Sites. You may use the Site to purchase products or services from FMB Solutions Ltd.
's third party partners although your contract for such products or services will
be with the third party partner and not with FMB Solutions Ltd.
Notwithstanding the provisions of this Section 6, FMB Solutions Ltd. 's liability
will not be limited in the case of death or personal injury directly caused by FMB Solutions Ltd.'s negligence.
5. Privacy Policy
The information that you provide about yourself to FMB Solutions Ltd. will only be
used by FMB Solutions Ltd. in accordance with its Privacy Policy Statement.
This includes:
- using your information for the effective administration of the Site and to communicate
with you;
- the disclosure of your information within the FMB Solutions Ltd throughout
the world.
Please see our Privacy Statement.
The Privacy Policy Statement does not apply to Third Party Sites.
6. Changes to these Terms
FMB Solutions Ltd. reserves the right, at its discretion, to make changes to any part
of the Site and its related services. Due to its policy of updating and improving
the Site, FMB Solutions Ltd. may wish to change these Terms. When terms are changed,
FMB Solutions Ltd. will publish details of those changes by including them at the
end of these Terms (see "Details of Changes"). If you use the Site or related services
after FMB Solutions Ltd. has published or notified you of the changes, you are agreeing
now to be bound by those changes. If you do not agree to be bound by those changes,
you should not use the Site (and should cancel your subscription to any related
services) any further after they are published at the end of these Terms or after
you receive notice of them.
7. Choice of Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Australian law.
The parties irrevocably agree that the courts of Australia shall (subject to the paragraph
below) have exclusive jurisdiction to settle any dispute which may arise out of,
under, or in connection with these Terms or the legal relationship established by
them, and for those purposes irrevocably submit all disputes to the jurisdiction
of the Australian courts.
For the exclusive benefit of FMB Solutions Ltd. , FMB Solutions Ltd. shall retain the
right to bring proceedings as to the substance of the matter in the courts of the
country of your residence or, where these Terms are entered into in the course of
your trade or profession, the country of your principal place of business.
8. General
You may not assign, sub-license or otherwise transfer any of your rights under these
Terms.
If any provision of these Terms is found to be invalid by any court having competent
jurisdiction, the invalidity of that provision will not affect the validity of the
remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not
constitute a waiver of that right or remedy. Headings in these Terms are for convenience
only and will have no legal meaning or effect.
Your statutory rights are not affected.
9. Governing Law
These Terms are governed by the laws of Australia and the Applicant irrevocably
submits to the jurisdiction of Australian courts.
10. Disclaimer
Subject to the provisions by law, FMB Solutions Ltd.