This page contains our Website Terms and Conditions of Use and our Terms and Conditions of Sale. Please read these terms and conditions carefully before using this website.

WEBSITE TERMS AND CONDITIONS OF USE
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following Website Terms and Conditions of Use, which together with our Privacy Policy, Website Disclaimer and our Terms and Conditions of Sale govern the relation Fmplus1 Pty Ltd has with you in relation to your use of this website.

By using this website www.fmplus1.com (herein “Site”), you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “us”, “our” and “we” refers to Fmplus1 Pty Ltd (herein “Fmplus1”) and “you” and “your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Fmplus1 rights and obligations to each other.

ACCOUNT
Before you can order any of our products you must register an Account with us. Your Account must contain:
                        i.         an Account username and password;
                       ii.         your email address (for delivery of the product) and billing information; and
                      iii.         any other information reasonably required by us in relation to your Account.
We may accept or reject any application to register an Account.
You are responsible for any activity that occurs under or through your Account and you must maintain the confidentiality of your Account username and password. You must notify us immediately of any actual or suspected unauthorised use of your Account or breach of your Account security.
You represent and warrant that all information provided under your Account is complete and accurate. If there is a change to any information relating to your Account, you must update your Account or notify us as soon as possible. If we suspect that any information provided by you is incomplete or inaccurate, we may suspend or terminate your Account and cancel any Order without notice to you.
We are not liable for any loss or damage arising from or in connection with your failure to comply with the requirement in this paragraph.

DELIVERY OF GOODS
For all physical goods please refer to our Terms and Conditions of Sale.
In the event, we provide digital goods, those digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

LINKS TO OTHER WEBSITES
Fmplus1 may from time to time provide on the Site, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Fmplus1 and the owners of those websites. Fmplus1 takes no responsibility for any of the content found on the linked websites.
The Site may contain information or advertisements provided by third parties for which Fmplus1 accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Fmplus1 is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Site. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law..

COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Fmplus1’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DISCLAIMER
To the fullest extent permitted by law, Fmplus1 absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Fmplus1 gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

YOUR PRIVACY
At Fmplus1, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Fmplus1’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers, please refer to checkout payment processing terms here.

THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve the Site and services but not for any other use.

DISCLOSURE OF INFORMATION
Fmplus1 may be required, in certain circumstances, to disclose information in good faith and where Fmplus1 is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Site for the purposes of sale or the use by any third party. In particular, you are not permitted to copy, republish, upload, transmit electronically, frame, link, modify, adapt, create derivative works based on, or otherwise distribute any of the materials, documents or products that may be available for download on this Site.

You agree to not copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on. You may not license, sublicense, distribute, transmit, modify, commercially exploit, reverse engineer the Site or any Content owned by us.
Fmplus1 prohibits data mining, robots or similar data or image gathering and extraction methods in connection with the site including the removal of any watermarks and copyright notices contained in the content supplied by us. Fmplus1 expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Fmplus1 concerning your use and access to this Site and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Fmplus1 that results in litigation, then you must submit to the jurisdiction of the courts of Victoria and Australia.

TERMS AND CONDITIONS OF SALE
Our Terms and Conditions of Sale are provided in the link below.