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T&C and Legal Notices

Last Updated: 01/03/2019

 

  1. General

 

1.1 The terms and conditions set out in this Terms of Service govern the access to and use of the Platform and services provided by Formee Holdings Pty Ltd  (“Formee”, “we”, “us”, “our”) via the Platform as a marketplace to facilitate, amongst others, marketing of products and services by third party vendors and service providers, purchase of products and booking of services, and as a general classified platform (such services are referred to as “Services”).

 

1.2 These Terms govern and bind all users, whether free or paid, of the Platform and/or Services (collectively “Users”, “you”, “your”, “yours”). By using or otherwise accessing the Platform and/or Services, you are confirming that you have read, understood and agreed to these Terms and shall abide by these Terms in connection with your use of the Platform and/or Services.

 

1.3 We reserve the right, in our sole discretion, to vary any parts of these Terms at any time. You should periodically visit the relevant pages of these Terms to review the current Terms so that you are aware of any revision to which you are bound. If we do this, we will post the changes on the relevant pages of these Terms and update the “Last Updated” date at the top of the page, or notify you of such changes by email at the email address registered with your Account. Your continued use of the Platform and/or Services after any such changes constitutes your acceptance of the latest terms and conditions. However, any changes will not apply retrospectively.

 

1.4 The access to or use of certain areas and features of the Platform and/or Services may be subject to additional terms, rules, policies or codes of conduct published on the Platform (collectively, “Additional Terms”) and require that you comply with the same. All such Additional Terms are hereby incorporated by reference into these Terms. If there is a conflict between these Terms and the Additional Terms and conditions, the latter will take precedence, unless otherwise specified.

 

  1. Definitions and Interpretation

 

  1. In these Terms, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:

 

Account” means an online account created with Formee via the Platform by a User (whether a ‘Private’ Account or ‘Business’ Account) to access or use the Platform or Services;

 

Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including, without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Platform, whether by Formee or Users (as the case may be);

 

Customers” means such persons who purchase any products or services from Vendors via the Platform, and a “Customer” means any of them;

 

Early Cancellation” means cancellation by Customers of a scheduled service or appointment with Vendors 24 hours prior to the scheduled service or appointment;

 

Escrow Account” such account designated by Formee as an escrow account for the purposes of these Terms, more particularly described in Clause 7.2 below;

 

Event of Force Majeure” means any cause beyond the reasonable control of a party to these Terms, including any act of God, outbreak, or epidemic of any kind, communicable and virulent disease, strike, flood, fire, embargo, boycott, act of terrorism, insurrection, war, explosion, civil disturbance, shortage of gas, fuel or electricity, interruption of transportation, governmental order, unavoidable accident, or shortage of labour or raw materials;

 

Formee’s Entitlement” means 5% of Vendor’s Agreed Price or Vendor’s Cancellation Price, as the case may be;

 

Formee Technologies” means Formee’s proprietary technology underlying the Platform and/or Services, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Formee or its licensors) in connection with the Platform and/or Services, and also including any derivatives, improvements, enhancements or extensions of the technology conceived, reduced to practice, or developed by Formee from time to time that are not uniquely applicable to Users or that have general applicability in the art;

 

Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Platform, Services and/or Content;

 

Late Cancellation” means cancellation by Customers of a scheduled service or appointment with Vendors within 24 hours of the scheduled service or appointment;

 

Non-excludable Condition” means any implied condition, warranty or guarantee in a contract (or such rights or statutory guarantees under the Australian Consumer Law), the exclusion of which would contravene the law or cause any part of the contract to be void;

 

Parties” means collectively Formee and a User, and a “Party” means any of them;

 

Platform” means, individually and collectively, this website (https://formee.com.au/) (“Site”) and associated mobile application (“App”);

 

Users” refers to any user of the Platform or Services, including but not limited to general internet users, Vendors, Customers, employers and job seekers, and a “User” means any of them;

 

User’s Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including, without limitation to, company logos, trademarks and copyrighted materials, that Users post, upload, transmit or otherwise make available on or through the Platform and/or Services;

 

Vendor’s Agreed Price” means such price for Vendor’s Products or Vendor’s Services agreed between Vendors and Customers;

 

Vendor’s Cancellation Price” means 50% of Vendor’s Agreed Price in the event of Late Cancellation;

 

Vendor’s Earning” means the amount of Vendor’s Agreed Price or Vendor’s Cancellation Price less (i) Formee’s Entitlement and (ii) any refund to Customer, if applicable;

 

Vendor’s Products” means products advertised, offered for sale or sold via the Platform and/or Services;

Vendor’s Services” means services advertised, offered for sale or sold via the Platform and/or Services;

 

Vendors” means independent third party vendors, service providers or professionals, whether conducting themselves as a business organisation or private individual, using the Platform or Services to advertise, offer or sell their products or services, and a “Vendor” means any of them.

 

2.2 References to Clauses are to the clauses of these Terms.

 

2.3 The headings are for convenience only and shall not affect the interpretation of these Terms.

 

2.4 Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; references to natural persons shall include bodies corporate and vice versa; and words denoting any gender shall include all genders.

 

  1. Services As A Platform

 

3.1 Formee serves as an intermediary platform. Therefore, unless otherwise indicated, all Vendor’s Products and Vendor’s Services are offered and provided by Vendors as independent third parties, not Formee. Notwithstanding Formee may charge certain fee for the use of the Services, any contractual relationship, rights or obligations arising from the sale and purchase of Vendor’s Products or Vendor’s Services shall be as between Vendors and Customers only, and Formee shall not be a party to the same. Formee has no control over Vendors with regards to the terms and conditions relating to their goods or services offered on or via the Platform, and Formee is not responsible for controlling or setting the prices of Vendor’s Products or Vendor’s Services.

 

3.2 Job listings made available on the Platform are created and provided by third parties over whom Formee exercises no control. Except for certain sponsored, featured or paid placements, job listings contained on, or linked from, the Platform are indexed or posted in an automated manner. We cannot confirm the accuracy or completeness of any job listing or other information submitted by any employer or other User, including the identity of such employer or other User. Such job listings posted on the Platform do not mean or imply that Formee endorse or recommend any job or employer. Notwithstanding Formee may charge certain fee for the use of the Services, any contractual relationship, rights or obligations arising from job listings posted on the Platform shall be as between the relevant employers and job seekers only, and Formee shall not be a party to the same.

 

3.3 Users are solely responsible for the content of their advertisements or postings on the Platform and fulfillment of their transactions with other Users. Any use or reliance on such advertisements or postings shall be at the Users’ sole risk. Information on the Platform shall not and should not be regarded as a substitute for professional, legal, financial or real estate advice.

 

3.4 Accordingly, Formee shall not be responsible for and does not provide any warranty or guarantee whatsoever with respect to (i) the quality, safety, suitability, or legality of any product or service offered by Users on or via the Platform, (ii) the truth or accuracy of the content posted by Users, or (iii) the reliability, performance or conduct of Users. Formee shall only be responsible to ensure that Users deal with each other in accordance with and within the parameters of these Terms.

 

  1. Eligibility To Use

 

4.1 Users must be at least 18 years old and able to enter into legally binding contracts to access and use the Platform and/or Services. By accessing or using the Platform and/or Services, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you are accessing or using the Platform and/or Services for and on behalf of a corporate entity, you represent and warrant that you have the requisite power and authority to bind such corporate entity to these Terms.

 

4.2 For transparency and fraud prevention purposes, and to the extent permitted by law, we may, but have no obligation, to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identity or background of Users, and (ii) screen Users against third party databases or other sources.

 

  1. Account Registration

 

5.1 You must have a valid ‘Private’ or ‘Business’ Account in order to use our Services. A ‘Private’ Account is a free but with limited features while the ‘Business’ Account is subscription-based with premium features.

 

5.2 In registering an Account, you agree to provide accurate, current and complete information about yourself. Users who wish to be Vendors are required to submit the following additional documents or information before their ‘Business’ Accounts are activated:

 

  • Business location

  • Business contact details

  • ID documents

  • Relevant qualifications

  • ABN/ACN number

  • Payment information

  • Police Check

  • Other information or document as Formee may deem relevant

 

For more information about registration as a Vendor, please click here.

 

5.3 By registering an Account, you authorise us to collect, store, retain and use your personal data in accordance with our Privacy & Cookies Policy. Your failure to provide the requisite information or document and maintain accurate, complete and up-to-date personal data may result in your inability to use our Services. In any event, we reserve the right, in our sole discretion, to approve or refuse registration of an Account.

 

5.4 Each User may only register and maintain one Account. You may not assign or otherwise transfer your Account to any party without our prior written authorization.

 

5.5 You are responsible for maintaining the confidentiality of the information and password relating to your Account, and are fully responsible for any and all activities that occur under your Account or password. You agree to (i) immediately notify us of any unauthorised use of your Account, password, or any other breach of security, and (ii) ensure that you exit from your Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision.

 

5.6 You are responsible for determining any other person who has the right or authority to access, use or administer your Account. Whilst you may permit such third party access to administer your Account, you remain fully liable under these Terms for all acts and omissions of any third party that uses or administers your Account for you or on your behalf whether or not such third party has acted in accordance with your instructions. You are solely responsible for maintaining the confidentiality of your username, password and other information relating to your Account, and any and all activities that occur under your Account. You agree to (i) immediately notify us of any unauthorised use if your Account, password, or any other breach of security, and (ii) ensure that you exit or sign-out from your Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with the provision.

 

5.7 You acknowledge that we may establish general practices and limits concerning use of the Platform. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Platform. You acknowledge that we reserve the right to terminate any Account that is a duplicate or inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

 

5.8 By registering an Account, you agree to receive informative, promotional or marketing emails or communications (by SMS, e-mails or otherwise) in connection with the Platform, Services and the products or services of Merchants or our other business partners. You can opt-out from receiving such communications by clicking the “Unsubscribe” link at the bottom of the e-mail or sending us an e-mail to opt-out at [.].

 

  1. Payment for Subscription or Premium Features

 

6.1 Using the Platform and Services is generally free. However, we may charge a fee for certain features of the Platform and/or Services. For example, our prevailing subscription fee is payable by Users of ‘Business’ Accounts to be able to access to certain premium features or functions (e.g. featured advertisements and multiple postings) depending on the chosen subscription plan. If the feature you use requires a fee, you will be able to review and accept that charge, including related terms and conditions, before purchase.

 

6.2 In the case of a paid subscription, the date on which the applicable subscription period will commence on the date of payment of subscription fee. Users are responsible for the timely payment of subscription fee and to ensure the given payment method is always valid and has sufficient funds for payment to be transacted. This does not waive Formee’s right to seek payment directly from Users through any other methods should the previously given payment method fails. If your payment method fails, we may limit your ability to use the Services, with or without notice to you.

 

6.3 If Users are given a free trial of any features which would otherwise have required a fee, Users acknowledge that the features of the Services to which they may access are limited and available until the earlier of (i) activation of a paid subscription; or (ii) withdrawal of availability of such free trial in the sole discretion of Formee. For the avoidance of doubt, Users of free trial are equally bound by these Terms.

 

6.4 Users may edit their payment method through their Accounts. The terms governing Users’ payment method will be based on their agreement with the relevant financial institution, credit/debit card issuer or other payment processor (e.g. PayPal).

 

6.5 Formee reserves the right to revise any fee applicable to the Services, including Formee’s Entitlement, from time to time in its sole discretion provided, however, that such revision shall not apply to Users who have already purchased a paid feature or are having an on-going paid subscription. Any such revision will be communicated to Users in advance via e-mail or published on the Platform (which you will have an opportunity to review it before making payment) and will take effect from the time the price change is communicated to you or published on the Platform.

 

6.6 All fees or charges for the use of our Services are quoted in Australian Dollars, and are be subject to all Australian taxes associated with our Services as and when applicable. Users are solely responsible for collecting and remitting any applicable taxes resulting from the sale of their products, items or services listed on the Platform.

6.7 All fees and charges payable to Formee for our Services are non-cancellable and non-refundable unless Formee fails to provide you with the Services that you paid for, subject to our disclaimers in Clause 13 below.

 

  1. Payments for Vendor’s Products and Vendor’s Services

 

7.1 Direct Payments to Vendors

 

  1. In respect of any payment which may be directly paid by Customers to Vendors via the Platform or outside the Platform (e.g. purchase of Vendor’s Products offered for sale on the Platform, purchase of Vendor’s Products at Vendor’s store, etc), the payment terms of the relevant Vendors shall apply to Customers.

 

  1. For the purposes of Clause 7.1(a) above and Clause 7.2 below, you may use the PayPal payment gateway provided on the Platform to make payment and the Vendors may use the same to receive payments. Payments may also be made by credit cards via the Platforms.

 

  1. When you link your PayPal account to your Account, you can use your PayPal account to make or receive payments via the Platform. You acknowledge and agree that by utilising any third party services through our Services (such as PayPal), you are bound by the terms and conditions of that third party and Formee is not liable for any loss, claims or damages howsoever arising in connection with that third party’s services.  

 

  1. If you to link your PayPal account to your Account, you hereby appoint Formee as your limited agent to:

 

  1. provide to PayPal your name, address, payment amount, item details, item category, and all other information required by PayPal to enable PayPal to process payments to or from your PayPal account; and

 

  1. receive payment confirmation and decline notices from PayPal in respect of your PayPal payment transactions. 


Our appointment as your agent to undertake the above will terminate when your Account has ceased to be linked to your PayPal account.

 

  1. If you have a dispute with PayPal, you shall resolve such dispute with PayPal in accordance with PayPal’s terms and conditions.

 

  1. Formee is not able to access your complete financial details from PayPal or your PayPal account. Formee does not hold any of the funds when a User pays another User using PayPal. Funds are transferred directly by PayPal from the User’s PayPal account to the other User’s PayPal account after the deduction by PayPal of any relevant PayPal fees. PayPal's terms and conditions apply to your use of PayPal’s services when you access PayPal’s services from the Platform, and you must agree to PayPal’s terms and conditions in order to use PayPal’s services. You acknowledge and agree that, to the extent permitted by law, Formee shall not accept any liability for any loss or damage which you may incur arising from your use of PayPal’s services as your payment method, unless such loss or damage was as a direct result of Formee’s error, in which case Formee’s liability is limited in accordance with Clause 14 below.

 

7.2 Payments to Escrow Account

 

  1. In respect of any booking of Vendor’s Services via the Platform, Customers shall pay Vendor’s Agreed Price in full upon making a booking into the Escrow Account, and the Vendors shall fulfill the services paid for on the date of scheduled or properly rescheduled appointment.  

 

  1. The Vendor’s Agreed Price will be adjusted accordingly in the event of any change or amendment to Vendor’s Services effected and agreed via the Platform.   

 

  1. The Vendor’s Agreed Price shall be released from the Escrow Account in accordance with Clause 8 below upon confirmation by Customer and/or Vendor of completion of Vendor’s Services or if Formee is satisfied that Vendor’s Services have been completed.

 

  1. Vendors must not request payments from Customers, and Customer must not make payments to Vendors, outside of the Platform except to the extent permitted under Clause 7.2(e) below but only if the Platform does not facilitate the reimbursement via the Escrow Account of costs considered in Clause 7.2(e) below.

 

  1. If Customer agrees to pay certain additional costs of completing Vendor’s Services (such as for the cost of additional materials, tools or equipment to complete Vendor’s Services not initially contemplated during the booking for Vendor’s Services), Vendor will be solely responsible for obtaining any reimbursement from Customer.

 

7.3 Late Cancellation by Customer

 

  1. In the event of Late Cancellation, the Customer will be liable for Vendor’s Cancellation Price being 50% of Vendor’s Agreed Price. The balance of Vendor’s Agreed Price paid by the Customer after deducting Vendor’s Cancellation Price and less any PayPal fee or credit card fee (as applicable) will be refunded to the Customer.

 

  1. Vendor’s Cancellation Price shall not be waived unless:

 

  1. Customer and Vendor mutually agree to cancel the booking;

 

  1. Formee is satisfied in its sole discretion that Vendor’s Agreed Price should be returned to Customer,

 

then the Vendor’s Agreed Price paid by the Customer will be refunded to the Customer less any Paypal fee or credit card fee as applicable.

 

7.4 Early Cancellation by Customer

 

In the event of Early Cancellation, the Vendor’s Agreed Price paid by the Customer will be refunded to the Customer less any Paypal fee or credit card fee as applicable.

 

7.5 Cancellation by Vendor

 

In the event the Vendor (i) fails to fulfil a transaction for which Customer has paid, or (ii) did not fulfil the scheduled appointment to complete Vendor’s Services, or (iii) cancel the appointment with Customer within 24 hours of the scheduled service or appointment and no further scheduled appointment has been agreed by Customer, the Vendor’s Agreed Price for which Customer has paid will be refunded in full to Customer, and Vendor shall be liable for Formee’s loss of Vendor’s Entitlement based on 5% of Vendor’s Agreed Price and all other costs, expenses and losses incurred by Formee as a result of Vendor’s default as a debt owing to Formee. Without prejudice to Formee’s right to suspend or terminate the Vendor’s Account, Formee shall be entitled to deduct such loss of Vendor’s Entitlement and all other costs, expenses and losses from the next payment of Vendor’s Earning.

 

  1. Payments to Vendors

 

8.1 Subject to Clause 8.2 below, in respect of Vendor’s Agreed Price paid into the Escrow Account, the relevant Vendor shall be entitled to Vendor’s Earning for each completed service or Vendor’s Cancellation Price for each Late Cancellation (as the case may be) which will be payable to the Vendor’s designated bank account every fourteen (14) days from the date of completion of the scheduled service or Late Cancellation (as the case may be). Vendor shall be entitled to retain the Vendor’s Entitlement as consideration for the use of the Services by the Vendor.

 

8.2 In the event of a dispute by Customer or a need to refund any amount to Customer, the payment of Vendor’s Earning to the Vendor may be delayed taking into account such time as may be required to resolve the dispute or process a refund to Customer, as the case may be.

 

8.3 Users may edit their designated bank account for the purposes of receiving payments from Formee under their Accounts.

 

  1. Right of Use, Obligations and Restrictions

 

9.1 You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform and/or Services in accordance with and subject to these Terms. You must at all times comply with any instructions in relating to the use of the Platform and/or Services as we may determine and publish on the Platform from time to time. Any rights not expressly granted herein are reserved by us.

 

9.2 Access to and use of the Platform and/or Services may be limited in scope to certain geographical territories. Therefore, we do not guarantee that the Platform and/or Services are necessarily available in your location. Where we set out the territories in which the Platform or Services are available, you may not use the Platform and/or Services outside of those territories. Currently, our Services are available for Users in Australia only.

 

9.3 You may only use the Platform and/or Services in compliance with applicable laws and for legitimate purposes. You agree to comply with these Terms, all local rules and laws regarding your use of the Platform and/or Services, including your online conduct that is applicable in your jurisdiction.

 

9.4 In using the Platform, Services and/or Content, you undertake that you will not:

 

  1. use the Platform and/or Services for any purpose that is improper or unlawful in violation of any applicable local, state, national or international law, or any regulations having the force of law, or these Terms;

 

  1. use the Platform in any manner that could damage, disable or impair our server, or interfere with other Users’ access or use of the Platform and security related feature of the Platform;

 

  1. disassemble, reverse engineer, decompile, modify or otherwise creating derivative works based on Formee Technology, any software, applications, updates or hardware contained in or available via the Platform;

 

  1. do anything or cause an action to be done resulting in the infringement or violation of our Intellectual Property Rights;

 

  1. attempt to gain unauthorised access to the Platform through means of hacking, mining or other means of interference;

 

  1. solicit personal information from anyone under the age of 18;

  2. harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

 

  1. interfere with or disrupt the Platform, or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform, or circumvent any technology used to protect the Platform;

 

  1. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform and/or Services; and/or

 

  1. remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Platform or pass off or attempt to pass off the Platform and/or Services as the product of anyone other than Formee.

 

9.5 To the extent where the Platform allows you to post, upload, transmit or otherwise make available any User’s Content (e.g. advertisement, classified, job vacancy posting, etc), you represent and warrant that: (a) you either are the sole and exclusive owner of the User’s Content or you have all rights, licenses, consents and releases necessary for use of the User’s Content on the Platform; and (b) neither the User’s Content nor your submission, uploading, publishing or otherwise making available of such User’s Content nor our use of the User’s Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further agree that:

 

  1. you will not share or transmit any material or content that (A) is unlawful, offensive, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (B) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (C) poses or creates a privacy or security risk to any person; (D) infringes any intellectual property or other proprietary rights of any party; (E) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (F) contains malicious content, 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; or (G) is illegal, or intend to promote or commit an illegal act of any kind; or (H) in our opinion, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose us or our Users to any harm or liability of any type, or disrepute;

 

  1. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

  1. we are under no obligation to store, retain, publish or make available any User’s Content uploaded by you and that you shall be responsible for creating backups of any such User’s Content if necessary; and

 

  1. under no circumstances shall we be liable in any way for any User’s Content, including, but not limited to, any errors or omissions in any User’s Content, or any loss or damage of any kind incurred in connection with the use of or exposure to such User’s Content made available via the Platform.

 

9.6 Without prejudice to our other remedies, we reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates the above provisions, including without limitation, suspending or terminating the Account of such violators and reporting them to the law enforcement authorities.

 

9.7 We reserves the right (but not obligated) to moderate any User’s Content and remove any User’s Content as it deems appropriate in its sole discretion. Such right to moderate User’s Content does not in any way mean or imply that any User’s Content made available on or through the Platform is endorsed, warranted or guaranteed by Formee nor shall it imply any obligation on Formee to accept any liability for monitoring each and every User’s Content, or conducts, behavior or use of the Services by Users. For more information about our posting rules and policies, please click here.

 

9.8 We cannot guarantee the identity of any other Users with whom you may interact with in the course of using the Platform and/or Services. We also cannot guarantee the authenticity and accuracy of any User’s Consent which other Users may provide. All User’s Content accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

 

9.9 Users are solely responsible for their own hardware, internet connection or telecommunication charges incurred for accessing, connecting to or using the Platform and/or Services.

 

10. Updates, Modifications and Availability

 

10.1 We may modify or upgrade the features and functionality of the Platform and/or Services from time to time, and reserve the right to make upgrades, updates, modifications and changes as we deem fit in our sole discretion. You understand that such upgrades or changes may result in interruption, modification, failure, delay or discontinuation of our Services or any function or feature thereof. In this regard, you acknowledge and agree that we assume no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation associated with our Services. However, we will make reasonable efforts to minimise interruptions, failure or delay of our Services and will make reasonable efforts to inform you of any scheduled maintenance or material changes which may affect your use of the Platform and/or Services.

 

10.2 Notwithstanding anything contained in these Terms, we reserve the right to modify or discontinue, temporarily or permanently, the Platform and/or Services (or any part thereof), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform and/or Services.

 

11. Intellectual Property

 

11.1 The Platform, Content and Formee Technology underlying the Platform and Services are the property of Formee and/or its licensors, and are protected by copyright and/or other intellectual property rights. Except as expressly authorised by us, you agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform, Services and/or Content, in whole or in part. The word “FORMEE” and associated logo are our trademarks, trade names and/or service marks, and you agree not to display or use in any manner such names and/or marks without our prior written authorisation. In connection with your use of the Platform, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. You further acknowledge that you have no right to have access to any aspect of the Platform in source-code form, and you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Formee Technology. Any uses of the Platform, Services and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by Formee.

 

11.2 You acknowledge that by using the Platform and/or Services, you will not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited right to use the Platform and/or Services granted to you pursuant to these Terms. Nothing in these Terms or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trade or service marks displayed on the Platform without our prior written permission in each instance. All goodwill generated from the use of the Platform, Services and/or Content will inure to Formee’s exclusive benefit.

 

11.3 To the extent where you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in that Feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.

 

11.4 Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Formee.

 

11.5 If you believe the Platform or any products or services offered on or through the Platform or any Content violates your intellectual property, please promptly notify Formee in writing at [.]. Such notification should only be submitted by the owner of the intellectual property or an agent authorised to act on his/her behalf. However, any false claim by you may result in the termination of your access to or use of the Platform or Services. You are required to provide the following details in the notice:

 

  • Your contact details, such as your address, telephone number, and/or email;

 

  • The intellectual property that you believe is being infringed;

 

  • The item that you think is infringing and include sufficient information about where the material is located on the Platform;

 

  • A statement that you believe in good faith that the item you have identified as infringing is not authorised by the intellectual property owner to be used in connection with the Platform;

 

  • A statement that the information you provided in your notice is accurate, and that you are the intellectual property owner or an agent authorised to act on behalf of the intellectual property owner whose intellectual property is being infringed;

 

  • Your physical or electronic signature.

 

  1. Third Party Resources and Services

 

12.1 The Platform may contain links to third party’s websites, products, services, information, advertisement or other materials (“Third Party Resources”) that are not owned or controlled by us, or our Services may be accessible through Third Party Resources. Links to Third Party Resources do not constitute an endorsement or recommendation by Formee of such Third Party Resources.

 

12.2 When you access Third Party Resources, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Resources relating to your use of their services and that you will act in accordance with those policies, in addition to your obligations under these Terms.

 

12.3 We have no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Resources. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party Resources. By using any Third Party Resources, you expressly relieve and hold harmless Formee and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all liability arising from your use of any Third Party Resources.

 

  1. Disclaimers

 

13.1 These Terms set out the full extent of our obligations and liabilities in respect of the Platform and Services.

 

13.2 FORMEE PROVIDES THE PLATFORM AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. USERS AGREE THAT THE USE OF THE PLATFORM AND/OR SERVICES IS AT THEIR SOLE RISK. FORMEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (II) SECURITY, RELIABILITY, PERFORMANCE AND ACCURACY OF THE SERVICE, (III) THAT THE PLATFORM AND/OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE, AND (IV) THE ACCURACY OR TRUTHFULNESS OF ANY CONTENT OR USER’S CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FORMEE OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

13.3 You acknowledge that Formee may use third party suppliers to provide hardware, software, networking, connectivity, storage, payment gateway or processing and other technology in order to provide the Platform and/or Services. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

 

13.4 We have no responsibility whatsoever for any arrangements you make with any third party (including Vendors, Customers and other Users) as a result of your use of the Platform and/or Services. Your interactions and transactions with organisations and/or individuals found on or through the Platform, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. In the event that you have a dispute with one or more other users or third parties, you hereby release Formee and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute.

 

13.5 You may see advertising material submitted by third parties on the Platform. Each individual advertiser is solely responsible for the content of its advertising material and we accept no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.

 

13.6 If you are dissatisfied with the Platform and/or Services, or do not agree with any part of these Terms, your sole recourse is to discontinue use of the Platform and/or Services.

 

  1. Limitation of Liability

 

14.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Formee specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Users.

 

14.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Formee specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature