Terms of service.
Throughout these Terms of Use (Terms), the terms “FounderCo”, “we”, “us” and “our” refer to FounderCo Pty Limited and “you” refers to the individual accessing the Site.
By visiting or using the Site, you agree to be bound by the following Terms. The Terms include our advice disclaimer, privacy policy and other terms and conditions that relate to the Site.
FounderCo may vary these Terms at any time and will post the variations on this Site. By continuing to use the Site, you accept the Terms as they apply and are varied from time to time.
1. Disclaimer
1.1. This site is a general information resource only. While we have exercised due care in ensuring the accuracy of information contained on the Site, the information is made available on the acknowledgment and understanding that the information is not professional advice.
1.2. Nothing on this Site should be used as consulting, investment, legal, accounting, tax or other advice. It is not a substitute for tailored consultation with professional advisors.
1.3. In some cases, information available via this Site may incorporate or summarise views, guidelines or recommendations of third parties. Such information is assembled in good faith, but does not necessarily reflect our considered view.
1.4. We do not accept any liability for any loss or damage whatsoever incurred by use of or reliance on information accessed on or via this Site.
2. Permitted use of the Site
2.1. The Website, the Services and all of the related products of FounderCo Pty Limited are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise stated, all content, images, software and designs on the Site (Content) are owned by FounderCo or used under licence. Subject to the licence below, all intellectual property rights subsisting in the Content are reserved by FounderCo.
2.2. You may access and use the Content only for your personal use, unless you have our written approval. You may view, download for caching purposes and print out any Content for your personal use. All other use, copying or reproduction of the Site or Content is prohibited (except as permitted by relevant copyright laws).
2.3. You may not, without the prior written permission of FounderCo Pty Limited and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Site, which are freely available for re-use or are in the public domain.
2.4. ‘FounderCo.’ is a registered trademark of FounderCo. The Site may also contain other trademarks, logos and trade names owned by FounderCo which may be registered or otherwise protected by law. You must not use any trade marks, logos or trade names which are used on the Site.
2.5. You must not attempt to reverse engineer, modify, copy, transfer, sell, distribute or disassemble any of the software, data, code, information or Content made available or accessible to you via the Site.
2.6. We reserve all of our rights to enforce our intellectual property rights to the fullest extent of the law.
3. Linking and third party content
3.1. FounderCo welcomes links to this Site, provided that:
links to this Site are not misleading in any way
you do not use the FounderCo logo or trademark to link to this Site without our express written permission
you do not frame the Content or use any similar technology in relation to the Content; and
On the request of FounderCo, you will promptly delete any links to the Site which are within your control.
3.2. The Site may contain links to third party websites which should be used at your own discretion.
3.3. FounderCo does not sponsor or endorse any external website. We are not responsible for the content or reliability of any linked websites and cannot guarantee that these links will work all of the time or will not contain viruses.
3.4. FounderCo does not accept any liability in relation to User Content or your use of or interaction with third party websites (and associated content) or businesses, nor do we make any guarantee or promises regarding the content, products or services that they provide.
4. Privacy
FounderCo Pty Limited takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to FounderCo Pty Limited's Privacy Policy, which is available on the Website.
5. Acceptable use
5.1. You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in connection with any unlawful, fraudulent or harmful purpose or activity.
5.2. You must not use the Site to copy, store, host, transmit, send or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse or other malicious computer software.
5.3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent.
6. Breach of terms
If you breach these Terms or we believe you are or were acting in concert with any person who has done so, we may without prior notice:
block, suspend or limit your access to the Site; and/or
take legal action against you.
7. Limitation of liability
7.1. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of FounderCo makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of FounderCo) referred to on the Website and includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
costs incurred as a result of your using the Website, the Services or any of the products of FounderCo Pty Limited; and
the Services or operation in respect to links which are provided for your convenience.
7.2. We do not guarantee, represent or warrant that the Site will be free of defects or bugs, or that your access will be uninterrupted, timely or error free. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair for any reason beyond our control.
7.3. You expressly understand and agree that FounderCo Pty Limited, its related bodies corporate, affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation or any intangible loss.
7.3. We reserve the right to change or discontinue any feature or service on the Site at any time.
7.4. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
FounderCo Pty Limited will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.5. FounderCo disclaims any and all liability for the acts, omissions and conduct of any third parties connected with your use of the Site. We are not responsible for the products, services, actions or failure to act of any third party in connection with or referenced on the Site.
8. Indemnity
You agree to indemnify FounderCo Pty Limited, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content
any direct or indirect consequences of your accessing, using or transacting on the Website or attempts to do so and/or
any breach of the Terms.
9. General Provisions
9.1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
9.2. If any provision of the Terms is deemed invalid or unenforceable by a Court of competent jurisdiction, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.
9.3. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or of any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.