Terms & Conditions

This agreement is between Fynd Pty Ltd ABN 73 642 504 238 (Fynd) and the User of this Service. Use of this Service indicates acceptance of these Terms and Conditions by the user who is provided with online access subject to these Terms and Conditions.

Definitions and Interpretation

Agreement means these Terms and Conditions and includes the Schedule of Fees and the Schedule of Services

Authority means any statutory or government authority that provides the documents, data or information to Fynd for the purpose of Fynd to provide the Services

Confidential Information in relation to a party means any information disclosed by the Disclosing Party to the Receiving Party under this agreement that;

is confidential by its nature
is designated by the disclosing party as confidential; or
the receiving party knows our should ascertain that it is confidential

But does not include information that is;

in the public domain otherwise than as a result of a breach of this agreement
already known by the receiving party independently; or
independently obtained or developed by the receiving party without breach of this agreement

Fees means the fees set out in the Schedule of Fees for products and services accessible and set out in the Fynd website and updated from time to time

GST means tax imposed under GST law

GST Law has the meaning given in section 195-1 of A New Tax System (Goods and Services) Act 1999 (Cth).

Laws means (whether in Australia or any other relevant jurisdiction) all laws, codes, guidelines and the like, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory and mandatory codes of conduct, writes, orders. Injunctions, judgements and industry wide non-statutory rules in force or as applicable from time to time

Service means the Fynd online system, Fynd website, Fynd products, other manual services and Fynd support, unless otherwise specified

Term

The User will be bound by the terms and conditions set out in the Agreement from the date that the User first accesses or uses the Services

This Agreement will apply to all visitors, users, members, contributors and others who access the Services. Where such a person accesses the Services on behalf of an entity or organisation, the entity or organisation will also be bound by this Agreement

Updates to the Fynd Terms and Conditions

Users will have access to the current Terms and Conditions at any time through the Fynd website

Fynd may from time to time vary the conditions of this Agreement, by giving notice by the way of email or through the website, of such variation to the Agreement.

In accessing the Services, it will be taken that the user accepts the most up to date Conditions

Fynd Responsibilities

Fynd provides services on a non-exclusive basis and nothing in this agreement prevents Fynd from providing services now or in the future that are the same or similar to itself or any third party

Fynd will perform the Services provided with professionalism, skill, diligence and due care, whilst abiding in accordance with applicable laws at all times

Where appropriate, Fynd will engage the services of suitably qualified third-party contractors for the provision of certain services

User Responsibilities

The user will;

Use the Services for Authorised Purposes only
Be responsible for Users’ compliance with this Agreement
Use reasonable efforts to prevent any unauthorised access to or use of the Services
Notify Fynd promptly if the Suer becomes aware of any possible or actual unauthorised access or use of the Services
Ensure that the Users’ use of Services is in accordance with any applicable laws
Accept all responsibility in relation to verifying data entered into any Service offered by Fynd, including but not limited to, client details, order details and property information
Be responsible for verifying data has correctly synchronised with integrated platforms such as third-party software and government websites

The User will not;

Make the service or results of the service available to any person other than specified in the client order form
Commercialise or on-sell services
Use the services or infrastructure provided by Fynd to store or transmit illegal materials or malicious code
Use the services in any way that would be interpreted as being illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights or otherwise causing injuries to third parties
Submit or upload any content containing political advertising, commercial solicitation, viruses, mass mailings or any form of spam or information or program that may damage the operation of anyone else’s technology and equipment
Use a false email address or provide false contact information, impersonate any person or entity, or otherwise mislead anyone as to the Customer’s origin, except to the extent that Fynd permits and prompts the user to create a pseudonym, moniker or Customer name

The User warrants that all information that the user provides to Fynd may be used by Fynd and its associated entities in providing the Services without breaching or infringing;

Any copyright, trade mark, obligation of confidentiality or other personal or proprietary right
Any law of defamation, obscenity or contempt of any court
Any law concerning privacy; or
Any other law or applicable code (including common law, statute, delegated legislation, rule or ordinance)
Certain government departments and agencies impose terms and conditions and limitations of liability in respect of the obtaining and use of information and searches from those departments and agencies. The User agrees to comply with the terms and conditions of supply and use imposed by any relevant government departments and agencies from time to time.

Payments and Charges

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Fynd must be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Fynd at the prices in effect when such charges are incurred

All account charges are payable net thirty days from the date of a tax invoice, or as otherwise specified by Fynd at its discretion

Fynd reserves the right to retain service fees where a search result is cancelled, or the search result is NIL. Each refund is assessed individually, and the outcome will be based on its own merits, with the requirement of the relevant Authority to refund applicable charges

If the User defaults in paying any amounts due and payable in accordance with paragraph (a), Fynd reserves the right at its sole discretion, without limiting Fynd’s rights and remedies under this agreement;

To suspend access to the service until such amounts are received in full; and

If payment is not made within 14 days of the due date specified in the tax invoice, to cease providing you with access to the Service and terminate this agreement with immediate effect

If any amounts are due and payable but not received by Fynd within thirty days from the date on which the amount falls due, then at Fynd’s sole discretion we may;

Terminate this agreement and any applicable client order form immediately; and
Transfer the right to receive, recover or pursue such amounts to a third party and the User will be liable to Fynd and/or the third party for all associated costs until such time as amounts are paid in full to such third party

In addition to Clause 6 and above, if;

Any amounts are due and payable but not received by Fynd within 60 days from the date on which such amounts fall due and
The amount owed is over $150.00AUD, and
Fynd has requested the payment of the debt ither in person (eg. phone call) or in wiring (eg. letter or email) or is unable to contact the User with the contact details provided on the order form then, at Fynd’s sole discretion, Fynd may notify a commercial credit reporting agency and provide the User with notice of Fynd’s intent to do so.
The User acknowledges and agrees that Fynd may provide Business User Information to a commercial credit reporting agency of its choice for the purpose of assessing User Default Rusk throughout the term of this agreement

Taxes

Subject to Clause 8 in relation to GST only, Fynd fees do not have any taxes, duties or charges imposed or levied in Australia or overseas in connection with this Agreement and its performance

Fynd have a legal obligation to pay or collect any Taxes on the Users’ behalf or arising under paragraph (a), the User agrees that Fynd can invoice such amounts to the User, unless the User provides Fynd with an authorised tax exemption certificate from the appropriate taxing authority

GST

Any consideration or amount payable under this Agreement (including any non-monetary consideration) is exclusive of GST

If GST is or becomes payable on a supply made under or in connection with this agreement, and additional amount is payable to the party providing consideration for the supply equal to the amount of GST payable on the Supply as calculated by the party making the supply in accordance with the GST Law

The additional amount payable under paragraph (8) is payable at the same time and in the same manner as the consideration for the Supply

If for any reason the amount of GST payable of a supply varies from the additional amount payable by the Recipient under paragraph (b):

The supplier must provide a refund or credit to the Recipient, or the Recipient must pay a further amount to the supplier, as appropriate
The refund, credit or further amount (as the case may be) will be calculated by the supplier in accordance with the GST Law; and
The supplier must notify the Recipient of the refund, credit or further amount within 10 business days after becoming aware of the variation to the amount of GST payable. Any refund or credit must accompany such notification and the Recipient must pay any further amount within 5 busines days after receiving such notification, as appropriate

Warranty

Both parties warrant that they have the capacity, power or authority to enter in and perform his agreement and have obtained all necessary approvals, consents and authorisations to enable it to do so

To the maximum extent permitted by applicable law, Fynd provide the services to the user on an ‘as is’ basis and Fynd does not make or give any express or implied representations, conditions or warranties in relation to the services, including Fynd do not warrant that the services will operate uninterrupted and be free from defects or viruses and meet the users’ requirement

Without limiting paragraph (b), the user acknowledges that;

Fynd do not provide any legal advice or legal services, accounting or other professional services advice by providing the user access to the services;
Fynd do not warrant or represent the accuracy, currency or quality of any legal or accounting information, any data provided by the user, or any other information practice guides, legal forms, precedents, letters or documents which are provided as examples only and on the basis that the user is suitably qualified, or working under the direction of someone suitably qualified, and will not rely on such documents
Fynd do not warrant or represent the accuracy, currency, reliability or completeness of data provided by integrated platforms such as government websites and third-party software;
Fynd do not warrant the accuracy or timeliness of searches provided by any government department or agency or any third-party provider
Fynd do not warrant or represent that the services can be accessed or operate without defects, data corruptions, software failures or performance degradation caused by viruses or by other software or components on the users or third-party hardware that may interfere with the software (including any third party networks); and
Fynd do not warrant or represent that any of the data supplied by the user and hosted on the Fynd servers is secure, can be accessed uninterrupted or will be free from defects and viruses, or will be stored, hosted and accessed without any loss or damage, data corruption, software failures or degradation

Liability

The users sole and exclusive remedy for Fynd’s breach of any statutory implied warranties, conditions or guarantees which cannot lawfully be exclude is, to the extent legally permitted, limited to, at Fynd’s options, either providing those services again or paying the cost of providing those services again in respect of which the breach occurred

To the maximum extent permitted by applicable law, Fynd excludes and will not be liable for any loss of revenue, business, anticipated savings or profits, loss of goodwill, loss of any data provided by the user to Fynd or for any indirect or conse1uential loss arising out of or relating to the services or this agreement (including any applicable client order form)

To the maximum extent permitted by applicable law, Fynd’s liability arising under or in connection with this Agreement which is not otherwise excluded by paragraphs (a) and (b), is limited, in the aggregate, to the amounts paid or payable by the user to the service fees charged for the particular service to which such liability relates

Our limitations and exclusions of liability set out in this clause apply regardless of the basis on which the relevant liability arises, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise

Users, Password and User Manuals

Users of the Fynd website will generate a username and password allowing access to the services. The user is responsible for the acts of its own employees and contractors and, without limitation must ensure that it protects the security of any passwords issued to the user and controls the use of its services by its employees and contractors. The user is responsible for all charges incurred on the users account (and will pay such amounts as invoiced by Fynd as if such amounts were incurred by the user)

Where the user requests in writing that Fynd cancel a particular password or account, Fynd will use reasonable endeavours to cancel that password or account as soon as practical in normal business hours following the receipt of that request

The user must notify Fynd of any actual or suspected loss, theft or unauthorised use of the service or passwords. Fynd is not liable for any activity or any unlawful or unauthorised access to the service

Additional Services, Upgrades and Enhancements

In introducing any additional services, Fynd may add to or vary the conditions of this agreement as they apply to those additional services by notification on-screen or by written notice to the user of variation to the terms and conditions of this Agreement. Usage of the additional services by the user after such notification shall be taken as agreement by the user after such notification shall be taken by the user after such notification shall be taken as agreement by the user to be bound by the conditions so displayed or notified

From time-to-time Fynd may, at its sole discretion modify, upgrade, enhance or alter the services at its sole discretion. All such modifications, upgrades, enhancements or alterations shall also be governed by the terms of this agreement unless otherwise specified by Fynd

Restrictions

Subject to the terms of this agreement, we grant you non-exclusive, non-transferrable, revocable, limited license to access and use the software for the term of this agreements solely for your internal business purposes

Fynd is the sole and exclusive owner of all right, title and interest (including all Intellectual Property Rights) in or in relation to the services or any materials provided by Fynd under this agreement

Fynd is the owner of the copyright in the compilation of the information used to supply the services, and in the reports supplied to users when using Fynd’s services. Fynd has developed technology, software and documentation that it may use to provide the information services to users, and Fynd has copyright and other rights in those items. The user will not copy them, modify them, adapt them, reverse engineer them or infect them with viruses

Except as permitted under this agreement, the user must not, nor must the user authorise any third party to;

Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense, transfer, or provide access to the service to a third party
Use the service for any illegal purpose, or in violation of any laws (including without limitation data, privacy and exports control laws)
Interfere with any licence key mechanism in the service or otherwise circumvent mechanisms in the service intended to limit your use
Reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the components of the service or reproduce all or any portion of the said components; and
Redistribute content from the service (unless the content is specifically made for redistribution), without the written consent of Fynd, other than to the extent necessary to view the material as permitted by law

Privacy

Fynd collects personal information in accordance with its Privacy Policy, available on the Fynd website and updated from time-to-time. By using Fynd services, the user acknowledges that it has read, understood and agrees to the Fynd Privacy Policy

You must ensure that when you collect, use, disclose, transfer or otherwise handle personal information in relation to the services or your obligations under this agreement, you comply at all times with applicable Privacy Laws, and not do anything with the handled Personal Information that will cause us to breach our obligations under Privacy Laws

Confidential Information

The receiving party must only use the Confidential Information of the disclosing party for the purposes of exercising its rights or performing its obligations under this agreement

The receiving party must keep confidential, and not disclose, the Confidential Information of the disclosing company, except as permitted under paragraph (d)

This clause extends to the Confidential Information of a party provided to or obtained by the other party before the Commencement Date

The receiving party may disclose confidential information of the disclosing party;

To those of its personnel or any third party that need to know for the purposes of the receiving party, exercising its rights or performing its obligations under this Agreement, provided that the receiving party uses its reasonable endeavours to ensure that such personnel or third parties keep the Confidential Information confidential in a manner consistent with the receiving party’s obligations under this clause
To those third parties that need to know for the purposes of monitoring and analysing the disclosing party’s usage of the software and to assist with improving the services provided under this agreement
To the extent that disclosure is required by Law provided that the receiving party provides the disclosing party reasonable notice before any such disclosure and takes all reasonable steps to maintain the Confidential Information in confidence; or
With the prior consent in writing of the disclosing company

Third Party Information

The Fynd website may contain links to or provide information posted by, contributed to or advertised by third parties (Third Party Content). Fynd does not warrant the accuracy of any Third-Party Content. The inclusion of such links or material is not an endorsement or recommendation buy Fynd and Fynd accepts no liability for any Third-Party Content or for any loss or damage the customer may suffer by accessing such websites or acquiring any goods or services from the suppliers of those websites or otherwise using or relying on Third Party Content

The user agrees that the user will use its own expertise and judgement when considering any Third-Party Content and the customer acknowledges that Fynd is not providing any advice or recommendation in respect of any products, services or other information

Termination

Either party may terminate this Agreement for cause with immediate effect by providing written notice to the other party if the other party;

Commits a material breach of this Agreement that is capable of remedy and fails to remedy that breach.

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