Terms & Conditions

FYI SOFTWARE PTY LTD (A.B.N. 81 620 462 991) of Level 1, 266 Rundle Street, Adelaide SA 5000 (‘we’, ‘us’, ‘FYI’) and you, the person accessing our sites and services (‘you’, ‘your’)

  1. Definitions

“Account” means any account through which you access the Services;

“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, use or access through the Services;

“Customer” means any person who subscribes for an Account to use the Services, or the entity on whose behalf that person subscribes;

“Data” means any data input by you, or on your behalf, into the Services. It includes anything that you upload to, store on or transmit to or through the Services, including but not limited to all personal information, documents, files, returns, forms, text, software, scripts, graphics, media, interactive features and other materials created by or owned by you, or on your behalf, that is submitted or published through the Services (whether by you or on your behalf);

“Fees” means the fees and charges for access to or use of the Services on a periodic subscription basis or on a pay-per-use basis for specific Content;

“FYI” is the trading name of FYI Software Pty Ltd (A.B.N. 81 620 462 991) and means FYI Software Pty Ltd (A.B.N. 81 620 462 991);

“Intellectual Property Rights” of a party means all intellectual property owned by that party;

“Parties” means the parties to these Terms;

“Personal Information” means information relating to an identifiable individual, as further defined in applicable data processing laws;

“Services” means any service provided by us, including but not limited to the sites, embeddable forms, document portals, services, products, web applications, downloadable applications, Software, servers or data feeds provided by us;

“Software” means all software comprising a part of the Services whether hosted on our servers or deployed by you or a third party to enable use of the Services;

“Terms” means these terms and conditions, as updated by us from time to time;

“Us”, “We” and “Our” refers to FYI;

“User” means any person who uses the Services in any capacity, including Customers and visitors;

“Website” means www.fyi.app and includes any extension to www.fyi.app; and

“You” means any person or entity who accesses or uses the Services.

  1. Terms of Use

By using or accessing our website and/or any of our Services, you agree to be bound by these Terms.

If you do not agree to any of these Terms or our privacy policy, you must immediately cease access to and use of our Services.

We may change or update the Terms from time to time by posting a new version on our website. Any changes or updates to the Terms will be binding on you and us from the first time you access the Services after the date the updated Terms are posted on our website.

Any significant changes affecting your use of the Services will be notified to you upon log-in to the Website. We will also endeavor to keep you updated on changes to these Terms via notifications on our corporate blog and via email. However, it is your responsibility to review these Terms for any changes. You agree to your continued use of the Services after an update indicates your acceptance and agreement to the updated Terms.

  1. Your Use of Our Service 

These Terms apply to you as a User of our Services.

Our Website and Services may contain links to third party sites and services that are not owned or controlled by us. 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 website and/or Services, you expressly relieve us from any liability arising from your use of any third-party site, content or service (other than liability arising from our infringement of any third-party Intellectual Property Rights).

Unless otherwise indicated, any hyperlink or interface on or through our website to another website or service does not imply our endorsement, support, or sponsorship of the operator of that website or service, nor of the information, services and/or goods which they provide.

We will indemnify you against any loss that you incur as a result of any third-party claim asserting that the Services infringe the Intellectual Property Rights of a third party except and to the extent that you access or use the Services in a manner that causes or contributes to the third-party claim.

It is your responsibility to ensure you read and accept the terms and privacy policy of any third-party site or service that you visit, access or use.

  1. Your Account with Our Service

You may need to create an Account to access some features of the Services.

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 on your Account. We may rely on the details of your Account without further confirmation or investigation.

You must not create more than one Account for any person or organisation.

You must not use another person’s or organisation’s Account without their express consent.

You are only permitted to hold an Account if you are 18 years of age or older. By applying for an Account, you warrant that you are 18 years of age or older. If you are creating an Account on behalf of a body corporate or other organisation, you warrant and represent that you have authority to do so and bind the body corporate or organization to these Terms.  When you create an Account, we will ask you to nominate a password. 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 unauthorised access or use of your Account, the Services and any content, whether by you or a third party.

We will not be liable for any losses that you suffer as a result of any unauthorised use of your Account. You may be liable for our losses or losses incurred by others due to such unauthorized use to the extent that those losses were caused by you.

You will be responsible for any Fees and charges incurred as a User arising from activities on your Account, irrespective of who has accessed your Account.

  1. License Permissions and Restrictions 

Upon the creation of an Account by you with us, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to access and use the Software, the Services and the Content, for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner set out in these Terms until your Account is terminated in accordance with these Terms (the “Licence”).

The Licence will renew automatically on a monthly basis until your Account is terminated in accordance with these Terms.

During the term of the License, we grant you permission to access and use our Services in accordance with these Terms only, unless otherwise agreed in writing by us.

You must not distribute, reproduce or make available, in any medium or format any part of our Services 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 Services (such as an embeddable document portal).

You must not alter or modify any part of our Services or Content unless otherwise agreed in writing by us.

You must not access Content through any technology or means other than as facilitated and contemplated by our Services, or other explicitly authorised means we may designate, or we may agree to in writing.

You must not use our Services for any of the following commercial uses unless you have obtained our prior written approval in each case:

  • The sale of access to our Services; or
  • The sale of advertising, sponsorships, or promotions placed on, within or in relation to our Services or Content.

Prohibited commercial uses do not include:

  • Gathering data or preparing documents through our Services 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 by us in writing.

If you use our downloadable Software 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 Services.

You agree not to use or launch any automated system, (including without limitation, robots, spiders, or offline readers), that accesses our Services 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. However, we grant the operators of public search engines permission to use spiders to copy materials from the Website 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 Personal Information, including Account names and other personal or financial data, from our Services, nor to use the communication systems provided by our Services (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for any purposes, any Users of the Services with respect to their data.

In your use of the Services, 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 Services for any unlawful purpose.

We reserve the right to discontinue any aspect of our Services by providing at least 90 days written notice to you.

For the avoidance of doubt, the use of the Services, and each element of functionality within the Services (including interactions with third parties via the Services), is contemplated by these Terms and does not amount to a breach of these Terms.

  1. 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 and the trademarks, service marks and logos (‘Marks’) on our Services are subject to copyright and other intellectual property laws whether existing, contingent and future rights, and remain the property of us or our licensor(s), as the case may be. Your access to the Services does not grant you a licence to use any of our Content in any commercial manner other than in accordance with the Terms. You must not use any Marks that appear on our Website, Content or within the Services without the prior written permission of the owner of the Mark.

The Content is provided to you on an ‘as is’ basis. You may access Content for your own personal use as intended through the functionality of our Services, and as permitted under these Terms. You must not download any Content other than via the functionality within our Services for the download of Content.

You must not copy, modify, mirror, reproduce, reverse engineer, decompile, adapt, distribute, translate, transmit, broadcast, display, sell, publish, 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. We and our licensors reserve all rights not expressly granted in and to our Services and the Content. Under no circumstances does Content transfer to you by mere use or any license granted under these Terms.

You agree not to circumvent, disable or otherwise interfere with security-related features of our Services, or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Services or the Content.

You understand that when using our Services, you will be exposed to content from a variety of third-party sources, and that we are not responsible for the accuracy, usefulness, safety of or relating to such content.

To the extent that our Services provide 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 Services.

By using our Services, you agree that unless otherwise agreed by us in writing:

  • 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 Services;
  • You must not represent that the Content or any part of the Services was created by your own resources, or those of a third party.

Subject to our obligations under the Australian Consumer Law and any other applicable laws and regulations that are not capable of exclusion, we:

  • Make no representation or warranty that the Content is timely, accurate or complete; and
  • Will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any of the Content, or for any incorrect or misleading information provided on our Website or within the Services.

  1. Your Data and Conduct 

As the holder of an Account, you may submit or publish Data on and using the Services. We will use best efforts to ensure that our systems and practices are consistent with industry practice and keep all Data you provide secure and will notify you immediately in the event of a breach. However, you understand and agree that we do not guarantee any confidentiality with respect to any Data that you submit or publish.

You are solely responsible for your Data and the consequences of submitting and publishing the Data on or using the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit or publish or otherwise deal with any of your Data.

You retain all ownership rights However, by submitting Data to us on our Services, you grant us (and our successors and affiliates) a non-exclusive, royalty-free, non-sublicensable license to use the Data but only to the extent necessary to provide the Services

You further agree to use best endeavors to ensure that any Data you submit to the Services 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 within the Data.

You further agree that you will not knowingly submit to the Services any Data or other material that is contrary to applicable local, national, and international laws and regulations.

We do not endorse any Data submitted to our Services by any User or other licensors, or any opinion, recommendation, or advice expressed in any Data or other content. We expressly disclaim any liability for any Data. We do not permit copyright infringing activities and infringement of intellectual property rights on our Services, and we will remove all Data if properly notified that such Data infringes on another’s intellectual property rights.

We reserve the right to remove any Data 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 (but is not limited to being) in the form print, TV, radio or multimedia (including web). Example uses may include; promotional flyers, or website case studies.

  1. Your Data and Storage 

We:

  • Make no representation that the Services will always be available and/or that you will be able to access your Data at any specific moment in time
  • Reserve the right to delete all your Data upon termination of your Account and only after providing 90 days’ written notice of our intention to do so.
  • May levy an additional charge for any export of any of your Data from the Services.

We store all content and data in data warehouse solutions in Australia or the United Kingdom and we will not change this location without providing you with advance warning of our intention to do so. However, you acknowledge and agree that our ultimate ability to control where your Data is stored may be limited.

We will take all reasonable steps (the “Reasonable Steps”) to:

  • Ensure that your Data is stored intact and without data loss; and
  • Prevent unauthorised access to your Data.

The Reasonable Steps include those steps that a company charging a similar price for documents of an ordinary, but not extraordinary level of commercial sensitivity in Australia. However, we do not warrant that there will be no security breaches or loss of Data. If there is a Data loss or security breach event, we will not be liable in any case for damages in excess of the total monthly Fee payable by you for our Services.

  1. Your Comments and Recommendations 

If you provide comments or recommendations to us about our Content or the Data of other users of our Services, such comments and recommendations may be adopted by us and integrated into the Content and our Services. In consideration of your access of our Services you assign and agree to assign all copyrights and other intellectual property rights in the comments and recommendations to us for no further consideration or attribution.

  1. Our Fees and Charges 

We may charge you Fees for the use of the Services. We may from time to time nominate reasonable variations to the Fees and will provide reasonable notice to you of any such variation.

You warrant that you understand and agree to our Fees as nominated from time to time. We may change any fees charged for our Services 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 you are notified of the change in fees
  • Your entry to a new agreement for the provision of the Services or the renewal of a term of an existing agreement for the provision of the Services.

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 Services or Content 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 and a third-party payment processor (for credit/debit cards) 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.

  1. Our Delivery Policy 

Any Content that you order through the Services 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 that 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 any price that we have quoted unless expressly stated otherwise.

  1. Our Refund Policy 

Subject to where you are entitled to a statutory guarantee or right of cancellation, whether under the Australian Consumer Law or any law incapable of exclusion in your local jurisdiction, you agree that because of the nature of our Services, 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.

  1. Privacy and confidentiality 

Your data is considered confidential information. You and FYI agree to preserve confidentiality in each other’s confidential information. Neither you nor FYI will disclose each other’s confidential information to third parties, nor use it for your own benefit, unless permitted in these Terms.

This provision applies to all Personal Information that we hold.

For the avoidance of doubt, we may alter these Terms as they relate to privacy and your Personal Information from time to time. If there is a significant change, then we will notify you via email.

‘Personal Information’ under the Privacy Act 1988 (Cth) is defined to mean information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

We will only collect and use your Personal Information in accordance with these Terms. By using and accessing the Services, you consent to us using any Personal Information that we collect for any of the purposes set out in these Terms.

We collect different types of information when you visit our websites or access or use the Services.

We may collect and hold your name, date of birth, age range, gender, phone number, nationality, email address, mailing/delivery address, job title, payment details or the details of any organisation of which you are affiliated as an employee, contractor or agent. We may also collect any other information provided by you when you visit our website or access or use the Services.

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

How we collect Personal Information 

We collect Personal Information in the following ways:

  • User provided information – Information that is provided directly from any person when they access the Services. It includes, but is not limited to, name, email address, phone number, physical and postal address, credit card or other billing information. Examples of when User provided information may be collected include signing up for a trial, applying for a job, responding to an email, participating in training or events we run, contacting us with questions, requesting support or connecting with us on social media.
  • Client provided information – Information that is uploaded or stored within the Service by a User or a Customer. We have no has no direct relationship with the individuals whose Data we host. Users are responsible for maintaining and implementing their own privacy policy and ensuring that their customers are notified of the purpose for which their Data is being processed in the Services.
  • Automatically collected information – This information may include IP addresses, web browsers, device types, operating systems, content being accessed, dates and times of access or use of the Services. We may also collect information about a user’s interaction with email messages such as whether the email has been opened, clicked on or forwarded by the User and
  • Other sources – Information from third parties, including Personal Information. Third parties could include our reseller partners, trade show organisers or marketing and research partners. Any Personal Information provided by a third party will be treated as any other Personal Information in accordance with this Privacy Policy.

How We Use the Information We Collect

We will only process the Personal Information that we collect:

  • To provide Services or perform a contract with you
  • When we have a legitimate interest in doing so (which is not overridden by your data protection interests), such as for research and development, for marketing and promotion and to protect our legal rights and interests;
  • Where we have a legal obligation to do so, or
  • Where we have your consent.
  • If we don’t collect your Personal Data we may be unable to provide you with all of our Services.

If you are not a User of the Services but believe that a User has entered your Personal Information into our Services as a part of their Data then this provisions do not apply to you.

This provision does not apply to Personal Information that is a part of Data. The management of Data is subject to the Customers own Privacy Policy and any requests to access, amend or delete this Personal Information should be made directly to the Customer responsible for uploading such data into the Services. If the Client requests in writing that we remove the Personal Information we will respond within thirty days, or such shorter period as may be required by law. If we have a legal right to retain such Personal Information, we will not delete it. We also reserve the right to retain a copy of the data for archiving and backup purposes or to defend our rights in litigation.

We primarily use the information that we collect (including the Data) to operate and provide you with the Services. We may also use your Personal Information other ways, including:

  • Operations – We use Personal information, other than Data, to operate, maintain, enhance and provide all features of the Services. We do this to provide you with the services, provide you with information and provide support and respond to your comments and questions.
  • Improvements – We use Personal Information to analyse and understand how you use the Services. We do this so that the Services can be improved, and so that new features, functionality, services or products can be developed.
  • Communications – We use email address or phone number to communicate directly with you. Such communications will generally be for the purpose, (but are not limited to), providing support, answering questions, informing you about updates to the Services, addressing issues of privacy, intellectual property violations or deformation and for providing information about promotions and upcoming events. You may opt out of promotional communications in the manner set out below.
  • Tracking – We use the automatically collected information to better customise the Services for you. We do so by monitoring and analysing the performance of the Services, collecting metrics about visits to our website and functionality being used and track the effectiveness email notifications and marketing initiatives. Whenever you visit and interact with the Services, you accept that we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognise your browser or mobile device and tell us how and when pages and features in our Service are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.
  • Analytics – We use Google Analytics to analyse the effectiveness of our public website fyi.app. Google has its own privacy policy, and we strongly recommend that you review this. We do not collect personal data from Google Analytics so cannot identify individual Users from this. To find out more about data privacy at Google please visit https://support.google.com/analytics/answer/6004245.

How We May Share Your Data 

We may share your Personal Information with third parties from time to time. We will only disclose this information to:

  • Service Providers – So that they may provide us with database and infrastructure hosting, maintenance, web services and application services. They may access your Data or Personal Information as part of their processes in supplying these services (or similar services) to us. We will limit the information that we supply to them to only include information that is necessary of the relevant services from them to us.
  • Law Enforcement government agencies, courts or other third parties –When we believe it is necessary to comply with applicable laws and regulations. We reserve the right to disclose Personal Information or other information that we believe, in good faith, is appropriate or necessary to defend our legal rights.
  • Any Other Person –To any other person, provided that we have your express consent to do so.

Your Rights 

You have the right to keep your Personal Information or data that you provide to use the Service private. You may decline to share certain Personal Information with us. In doing so we may not be able to provide some features or functionality of the Services to you.

Access To Your Information 

You have the right to request all Personal Information that you may have provided to us using the Services. You may also amend any Personal Information that we hold about you or request that we delete such Personal Information. To request to view, amend or delete your Personal Information you may contact us as described in the “Contact Us” section of this privacy policy. You may object to the processing of any of your Personal Information at any time on legitimate grounds except if otherwise permitted by applicable law.

Opting Out 

You may opt out from the collection of navigation information about your visits to our websites by Google Analytics using the Google Analytics opt out feature – https://tools.google.com/dlpage/gaoptout. You may also opt out of any commercial communications you are receiving from us by either using the opt out instructions included in any emails or by contacting us as described in the “Contact Us” section of these terms. Even after opting out of receiving commercial information, you will continue to receive administrative communications from us about the Services.

Complaints 

If you are not happy with how we’re processing your Personal Information you have the right to complain in accordance with the Privacy Act 1988 (Cth). This may be done by contacting us as described in the “Contact Us” section of these terms. We will review and investigate your complaint then get back to you within a reasonable time frame. You may also complain to your local data protection authority.

Data Security 

We will endeavor to protect your Personal Information from unauthorised interference (including access or disclosure).

We follow generally accepted industry standards to protect Data and Personal Information both while being transmitted to us and once received. These standards are also used to protect such data and Personal Information against accidental or unlawful destruction, loss, alteration, disclosure, misuse or processing while in our possession.

No method of transmission or storage of data or Personal Information is 100% secure. We cannot warrant the security of any information you transmit to us or store in the Services and you do so at your own risk. We also cannot guarantee that such information will not be accessed, amended, destroyed or disclosed due to a breach of our technical and physical safeguards. If you believe that your data or Personal Information has been breached, please contact us as described in the “Contact Us” section of this policy.

If we learn of a security breach, we will inform you and the relevant authorities of this in accordance with applicable law.

Data Retention 

We retain Personal Information that we collect for as long as we have a relationship with you and for a period of time afterwards where we have a need to retain it as per our data retention policies. Once we have finished with the Personal Information, we either destroy, dispose or anonymise it.

The length of time that we retain Personal Information depends on what it consists of and whether we have a need to keep it in order, for example, to continue to provide you with a service you have requested or to comply with any accounting, tax or legal requirements.

If at any other time, you request we destroy and/or dispose of your Personal Information, we will comply with your request in a timely matter, to the extent that it does not interfere with the conduct of our business.

If requested by you, we will:

  • Make your Personal Information available to you; and
  • Retain your data for an agreed period of time after your Account is terminated or after the expiration or termination of these Terms. This may incur an addition fee.

  1. Information Processing and Transfers for Data Subjects In The European Economic Area (“EEA”)

European Union Regulation 2016/679 of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“EU GDPR”), requires Us to provide additional and different information about our data processing practices to Users in the European Economic Area (“EEA”).

If you are located in a member state of the EEA and access or use the Services, or otherwise provide us with your data or Personal Information in-person, or via phone, email or mail, this policy applies to you.

As an individual in the EEA, we collect and process information about you where we have legal bases for doing so under EU laws. We only collect and use the information when:

  • We require the information to provide the Services to you, including for the purposes of operating the Services, provide customer support and personalising features as well as for safety and security processes;
  • The information serves a legitimate interest (which is not overridden by your data protection interests), such as for research and development, for marketing and promotion and to protect our legal rights and interests;
  • You have given us consent to do so for a specific purpose; and
  • We need the information to comply with our legal obligations.

If you have consented to our use of your information for a specific purpose, you can change your mind at any time, but this will not affect any processing that has already taken place. You have the right to object to the use of your information, but this may mean that the Service might no longer be available to you.

Data deletion and access 

You are entitled to request access to, and the amendment or deletion of Personal Information stored by us. You may delete your Data and Personal Information from our Services whenever processing is complete, legally binding retention requirements are met, and all parties associated with the Data or Personal Information in question have agreed to its deletion.

Cookie compliance 

We may utilise “session cookies” that are automatically deleted after each time that you use the Services. We may do so to recognise specific Users and avoid repetitive requests for the same Personal Information. We will ensure that any required consents are gathered when session cookies are used and that they are treated as Personal Information when appropriate.

  1. Encryption 

By default, communication with our services uses Transport Layer Security (“TLS”), which is regularly updated to use the latest ciphersuites and TLS configurations. We also encrypt all customer data at rest using AES 256-T.

  1. Intellectual Property 

You will not obtain any ownership or intellectual property rights from us by opening and using your account or the Services, except in accordance with these Terms. We and/or any licensors of intellectual property to us own all legal rights, title and interest in and will retain all legal rights, title and interest in the services, including but not limited to):

  • The software and;
  • All other intellectual property associated with or included in the software, the Services or the Content.

You retain all intellectual property rights in your data. These Terms do not give us any rights to your data, other than the limited rights necessary for provision of the service.

You grant us a revocable, non-transferable, non-sublicensable license to all Intellectual Property Rights subsisting in any Data that you submit or publish through the Services including patents, trademarks, trade secrets, copyrights and all other proprietary rights in and to such Data for any purpose related to provision of the services by us to you.

We warrant that use of the Services will not infringe any third-party Intellectual Property Rights.

  1. No Legal Advice 

We are not a professional services firm and are not an incorporated legal practice. The Services are 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 Services or Content to provide services to third parties may constitute a breach of law.

We strongly recommend that before you use the Services or any Content, you obtain legal advice on your circumstances and the suitability of the Services or 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 the Services or any Content is appropriate to the laws of any particular jurisdiction, nor up to date with changes in applicable laws.

Any use of our Services and/or Content is at your sole risk.

  1. Termination 

We may suspend or terminate your Account and these Terms at any time after providing reasonable notice to you where:

  • In our reasonable opinion, you have not fully complied with these Terms;
  • In our reasonable opinion, your Account has been used in violation of these Terms.
  • You have previously sent a request to us to terminate your Account;
  • Your payment for our Services cannot be processed within 30 days of the due date for payment;
  • We have not received a form submission from your Account, or your Account has not been accessed, for a period of 6 months.

Upon the termination or expiration of these Terms:

  • We will terminate your Account
  • You will lose access to the Services, the Content and the Data;
  • You must immediately pay to us, without any deduction or right of set off, any other sums of money due or payable by you to us, including all of our costs, expenses and disbursements payable by you in accordance with these Terms.
  • We will not provide any refund for unused time in your billing cycle;
  • All Fees previously paid remain our property and you agree to make no claim in respect of such Fees;
  • You must pay to us any Fees that have accrued but have not been paid as at the date of the termination or expiration;
  • You must immediately discontinue use of our Services, and cease to use any intellectual property belonging to us, confidential information, and any other Content;

On being notified of the death of an Account holder and being provided with reasonable evidence of death, we will cancel their Account. To notify us of the death of an individual, please contact us using the contact email address at the end of these Terms.

You may request us to terminate your Account. This request must only be made through the Services.

You may suspend or terminate these Terms:

  • At any time after providing reasonable notice to us if in your reasonable opinion, we have not fully complied with these Terms; or
  • With 30 days prior notice to us in writing or through the Service.

  1. Your obligations and responsibilities

You must use best endeavours to ensure that the Services are only used for lawful business purposes as required by the Customer whose Account you are using.

You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Services will comply with any and all laws applicable to you (including, but not limited to, any laws requiring you to retain records).

You are responsible for your own conduct and all conduct by anyone else using your account. Your account may only be used for legal and proper purposes, including, without limitation, that you will use best endeavors to comply with all laws and regulations relating to copyright, privacy and the storage and transmission of data and technology of all relevant jurisdictions.

You will use best endeavors not to:

  • Upload or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Interfere with or disrupt the services or the servers, or networks connected to the services.
  • Allow usage of the Services by others in such a way as to violate these Terms.
  • Access or attempt to access any of the services by any means other than through the interface that is provided by us; or
  • Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the services unless you have been specifically permitted to do so in a separate written agreement.

  1. Our obligations and responsibilities 

We will provide the Services:

  • On an ongoing basis, until the termination or expiration of these Terms;
  • In accordance with these Terms;
  • In a proper, timely and efficient manner using the standard of care, skill, diligence, prudence and foresight that would reasonably be expected from a provider of services similar to the Services with our level of experience and expertise; and
  • Using the expertise and knowledge that we hold in relation to the Services.

We will obtain and maintain insurance coverage at all relevant times sufficient to cover any loss or costs that may be incurred and for which we are liable in connection with the provision of the Services (including professional indemnity and public liability insurance, as applicable).

We will continue to update and upgrade the Services in a manner which is consistent with the evolving nature of the technology used to provide and facilitate the Services, provided that it is reasonable and commercially feasible for us to so.

In providing the Services to you, we will comply with all laws that are applicable to us.

  1. Indemnity 

You agree to indemnify us from and against liability for all claims, liabilities, damages (actual and consequential) losses and expenses (including full legal and other professional fees on a solicitor/client basis) arising from or in any way related to any third party claims relating to your use of any of the Services, or the use of your account by any party to whom you have allowed to use your account; but only to the amount of the Fees that have been paid or are due to be paid by you to us in accordance with these Terms.

  1. Limitation of warranties 

Other than in accordance with these terms:

  • To the fullest extent permitted by law, we, our officers, directors, employees, and agents express or implied in connect with the services and our use of the Series and,
  • Any material that you download, use or obtain through the use of the Services is at your own risk. You are solely responsible for any damage to your computer, or other device, or for loss of data that results from the download of any of such material.

We will take all reasonable steps to ensure that the Services will be fit for their intended purpose in the context of the obligations referred to or reasonably inferred from these Terms. However, we provide no warranty that:

  • The service will meet all of your requirements
  • The service will be secure, timely, error-free or uninterrupted
  • Any errors in the software will be corrected

We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked services or featured in any banner or other advertising within or associated with the Services.

We will not be party to or in any way be responsible for monitoring any transaction between you and any 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.

  1. Limitation of Liability 

To the fullest extent permitted by Law, in no event and under no circumstances (other than if we have failed to uphold our obligations under these Terms) will we, or our its officers, Directors, Employees, or Agents be liable or responsible to you for any claims, losses, expenses or direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from 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 Services,
  • Unauthorised access to or use of our secure servers and/or any personal information and/or financial information stored therein,
  • Interruption or cessation of transmission to or from our services,
  • Bugs, viruses, Trojan horses, or the like which may be transmitted to or through our services by any third party provided that we have implemented reasonable security measures in accordance with these Terms, and/or
  • 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 services.
  • 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.

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 Services are controlled and offered by us from our facilities in Australia, New Zealand and the United Kingdom. We make no representations that the Services are appropriate or available for use in any location. Those who access or use our Services 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, willful 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 a third party’s intellectual property rights.

  1. 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 under them, may not be transferred or assigned by you, but may be assigned by us without restriction.

You agree that our Services are:

  • 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, and must be construed in accordance with, the laws of South Australia. The Parties agree to submit to the jurisdiction of the Courts of South Australia and any courts competent to hear appeals from those courts, for all matters arising under or in relation to these Terms.

The Terms constitute the entire agreement between you and us concerning our Services.

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 terms, and our failure to assert any right or provision under these terms does not constitute a waiver of such right or provision.

You 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.