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.