Terms & Conditions.

1. TERMS OF USE

1.1 In these Terms of Use, “FOS Collective” “we”, “us” and “our” means FOS Collective Pty Ltd (ABN 89 655 956 013) of 168 Rocky Point Road, Kogarah NSW 2217. Please read these terms of use carefully as they apply to your use of this website "site" located at www.foscollective.com.au, including any content on it.

1.2 By accessing or using the site you agree to be bound by these terms of use. If you do not agree to these Terms of Use, please do not use this site or any information derived as a result of the use of this site. We may revise these terms of use from time to time. We will display a notice on the site indicating when any such revisions have been made. Your continued use of the site following such publication will represent an agreement by you to be bound by these Terms of use, as amended.

1.3 This site provides information about the various products and services offered by FOS Collective and its related bodies corporate.

2. THE PARTIES

2.1 If you are a natural person, then these Terms of Use constitute a legally binding agreement between you and us and govern your use of our site.

2.2 If the user of our site uses it in his or her capacity as a representative of a body corporate (eg a corporation), then it is a condition of the user continuing to use our site that the user warrants that he or she has authority to accept these Terms of Use on behalf of that body corporate, and these Terms of Use specify the terms of a legally binding agreement between that body corporate (and “you” in these Terms of Use means that body corporate) and us.

3. DEFINITIONS

3.1 In these Terms of Use, the following capitalised terms have the meaning given below:

Consequential Loss means any loss of income, loss of actual or anticipated profits, loss of business, loss of anticipated savings, loss or damage to or corruption of data, loss of goodwill, or loss of reputation whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise.

Content means any results, data, or metadata, including any property information, property attribute data, ownership information, property sales information, photographs, valuation, market share analyses, index results, alerts, or reports, which are either contained within, provided through, derived from, captured by, entered into or generated by the site and any platforms or as otherwise provided in the usual course of business by FOS Collective.

Intellectual Property Rights means all industrial and intellectual property rights throughout the world including current and future registered and unregistered rights in respect of trademarks, copyright, source code, databases, content, circuit layouts, designs, patents, inventions and discoveries, trade secrets, know-how and confidential information and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 and Intellectual Property has the corresponding meaning.

Loss means all liabilities, losses, damages, outgoings, costs, and expenses (including legal costs assessed on a Solicitor-client basis).

Permitted Purpose has the meaning given to that term under clause 13.

Platform means any web-based platform or software provided by FOS Collective to deliver, enable or provide its customers access to its services, and includes the site.

Proposal means the online proposal for vendors of real property created using our service.

Related Body Corporate has the meaning given to that term under the Corporations Act 2001 (Cth).

Service or services means the products, services, platforms, and content which may be:

(a) promoted by FOS Collective on this site;

(b) licensed or supplied to you by FOS Collective on or through this site; or

Site means FOS Collective's site located at the domain name www.foscollective.com.au and includes all content and webpages forming part of that domain name, including all information, opinions, reports, and content published on, contained in, or accessed through this site.

4. GENERAL INFORMATION

4.1 The information appearing in this site, except for when it is described as a contract term or disclaimer, is for general information only and does not constitute an offer or an intention to enter into a legally binding contract, other than the agreement between us and you for the use of this site.

5. INTERNATIONAL USE

5.1 We make no representation that the services described on this site are appropriate or available for use in locations outside Australia or in all States and Territories of Australia. Those who choose to access our site from other locations are responsible for compliance with local laws. Overseas residents may contact FOS Collective for further assistance regarding the availability of the services described on this site.

6. LINKING TO THE SITE

6.1 We encourage you to provide links to the site. While you may use the name “foscollective.com.au” in the text of any such link, you may not use the name “FOS Collective” or any of our other trademarks without our prior written consent.

6.2 You must not frame the site, or represent or imply that any part of the site belongs to anyone other than us.

6.3 If we notify you that we object to the manner in which you provide links to this site, you must immediately cease providing such links.

7. ACCURACY OF CONTENT

7.1 While every effort has been made to show as accurately as possible the colours of the content, e.g. artwork or photography, that appears on the site, we cannot guarantee that your computer monitor will display the colour of the Content accurately.

7.2 Some of the information on the site may be provided by third parties, including, for example, sales information, price guides, descriptions, and photographs of projects. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date, or complete.

8. REGISTRATION

8.1 You are not required to register to use the site.

8.2 We may, without notice to you, review, modify, or remove any material which you provide at our absolute discretion including where we believe it violates these Terms of Use.

8.3 We may suspend or cancel your use of the site and/or its services, either temporarily or permanently, if you breach, or we reasonably believe you have breached, any of these Terms of Use.

8.4 The material provided and views expressed by users are the materials of those users and are not ours.

8.5 By using our services, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.

9. WITHDRAWAL OF PRODUCTS AND SERVICES

9.1 The information relating to FOS Collective and its services on this site is correct at the time of publication. However, the services described in this site can be withdrawn or varied at any time without notice. While every care has been taken in producing the information on this site, we do not guarantee the accuracy of any such information and it should not be relied upon as being accurate or complete.

10. YOUR CONTENT

10.1 You must not provide any material through your use of the services (“Your Content”) that:

(a) infringes the intellectual property or other rights of another person;

(b) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(d) creates a privacy or security risk to any person, including by soliciting personal information from any person;

(e) solicits money from any person;

(f) is false, misleading or deceptive;

(g) contains financial, legal, medical or other professional advice;

(h) would harm, abuse, harass, stalk, threaten or otherwise offend;

(i) would reflect negatively on us, including our goodwill, name and reputation;

(j) tampers with, hinders the operation of, or makes unauthorised modifications to the site;

(k) would breach any applicable laws; or

(l) would otherwise result in civil or criminal liability for you, us or any third party.

10.2 By embodying your content in the site through your use of the services, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, license (including a right of sub-license) to use, copy, modify and otherwise exploit your content in any form or on any medium and for any purpose; and

(b) warrant that you have the right to grant such license.

10.3 You agree to indemnify and hold FOS Collective Pty Ltd (including any of its directors, officers, employees, consultants, or shareholders) harmless from any claim made by any third party arising out of your content.

11. GENERAL RESTRICTIONS

11.1 In using the Site, you must not:

(a) provide us with inaccurate or incomplete information;

(b) violate any applicable laws, or use the site for any purpose that is unlawful;

(d) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;

(e) collect or store personal data about other users of the site, excluding information relating to the recipients of your Proposals; or

(f) engage in any other conduct that inhibits any other person from using or enjoying the site.

12. TERMS AND CONDITIONS AND FEES AND CHARGES

12.1 Terms and conditions apply to all services described in this site and may be varied at any time without notice. Fees and charges also apply to all services and may be varied at any time without notice. Government charges, taxes, and duties may also apply. Full details of the terms and conditions and the fees and charges are available on request from FOS Collective.

13. PERMITTED USES OF SITE

13.1 You must only use this Site:

(a) to access the services;

(b) to obtain any other information relating to any of FOS Collectives' products or services for a bona fide purpose,

13.2 You agree that any use of this site, except for the purposes described in paragraph 13.1, is prohibited.

13.3 The information and material in this site is provided solely for bona fide personal or commercial customers only.

13.4 You agree that you will not and will not attempt (either yourself or through any third party) to:

(a) use this site or any services accessible through it, for any purpose other than the permitted purpose;

(b) host links to this site, unless expressly authorised by FOS Collective in writing;

(c) decompile, disassemble, reverse engineer or otherwise attempt to discover any part of the source code, algorithms, methods, or processes embodied in or used, in connection with this site, the FOS Collective services, underlying infrastructure, or other software;

(d) use any manual process (such as keying-in), robot, spider, screen scraper, injection techniques, data aggregation tool, or use any other device or automated process (Scraping Process) to data mine, scrape, crawl, email harvest, aggregate, copy or extract any Services, processes, information, content, or data accessible through this site;

(e) use any Scraping Process to aggregate or combine information, content, or data contained within or accessible through this site with information, content, or data accessible via or sourced from any third party;

(f) use any device, software, process, or routine to interfere or attempt to interfere with the proper working of this site or any services, transaction, or process being conducted on or through it;

(g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to this site;

(h) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from this site without the prior written permission of FOS Collective;

(j) use another person’s details or otherwise use any ‘brute force attack’ methods to gain access to any Platforms, products or services;

(k) use this site for any unlawful purpose or activity.

13.5 You agree to indemnify FOS Collective in respect of any liability incurred by FOS Collective for any Loss howsoever caused, suffered by you or any Related Bodies Corporate as a result of your breach of this clause.

14. GENERAL DISCLAIMER

14.1 You acknowledge and agree:

(a) FOS Collective does not provide to you on this site any investment, valuation, appraisal, legal, financial, or taxation advice as to the suitability of any property;

(b) advice and information given on this site is general advice only and does not take into account your investment objectives, financial situation, and particular needs;

(c) the general advice and information on this site should not be relied upon in lieu of appropriate professional advice and You should consider independent professional advice tailored to your specific circumstances before making any investment decisions;

(d) you should make your own enquiries, exercise Your independent judgement and assess whether the general advice and information on this site is appropriate to your individual investment objectives, financial situation, and particular needs before making any investment decisions;

(e) the accuracy of the methodology used to develop the site and the Content, are estimates based on available data and are not guaranteed or warranted;

(f) the condition of the subject property and current market conditions can greatly affect the validity of the site and content;

(g) any content generated does not include a physical inspection of the subject property or a visual inspection or analysis of current market conditions by a licensed or certified appraiser, which is typically included in an appraisal;

(h) the site and content, including, without limitation, any information, data, prices, and quotations contained therein, are subject to change without notice;

(i) FOS Collective does not verify the accuracy or completeness of any content supplied by any third party;

(j) FOS Collective will not provide the site or any content to the extent it is prohibited or not authorised to do so by Law or under any of its agreements with its suppliers; and

(k) you must take your own precautions to ensure that whatever you select for your use from this site is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

15. LIMITATION OF LIABILTY

15.1 FOS Collective excludes all liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this site.

15.2 To the maximum extent permitted by Law, FOS Collective will not be liable under or in connection with this Agreement for any Consequential Loss.

15.3 FOS Collective has no liability whatsoever to you or any other person, for:

(a) acts and omissions of, or any faults or defect in the site;

(b) if interference with or damage to your computer systems occurs in connection with your use of this site;

(c) faults or defects in the site which are caused by you including any failure to comply with your obligations under this Agreement;

(d) any delay, faults, failure, interruption, or defects that arise in telecommunication systems or other services provided to You by a third party (even if they are connected and used by FOS Collective during the operation of this Agreement with FOS Collectives' consent); and

(e) Your inability to access or use the site for any reason.

15.4 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms of use is hereby excluded and FOS Collective hereby expressly disclaims all warranties:

(a) that the site or the content will meet your requirements;

(b) that the site or the content are fit for your purpose or are otherwise suitable for your use;

(d) that the site or the content will be error-free, correct, accurate, complete, reliable, secure, current, up-to-date or otherwise;

(e) that the statistical methods on which any of the site or content are based use appropriate or accurate assumptions;

(f) that the performance of the site will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by FOS Collective's third-party suppliers;

(g) that the site will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure.

15.5 Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited (as FOS Collective may elect in its sole discretion) to one or more of the following:

(a) to use commercially reasonable efforts to modify, correct or provide access to the relevant service;

(b) the supplying of the services again; or

(c) the payment of the cost of having the services supplied again, except as expressly provided elsewhere in this Agreement.

15.6 This disclaimer set out in these terms of use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

16. THIRD PARTY SITES

16.1 The site may contain links to other third-party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement. The inclusion of such links does not imply endorsement of the applicable site by us or any association with its operators.

16.2 Accessing those sites is your decision and to the fullest extent permitted in law we are not responsible or liable in any way for:

(a) your use of those linked sites or any loss or damage incurred arising out of or in connection with your use of them; and

(b) the content or practices of those sites operated by third parties that are linked to our site.

17. SECURITY

17.1 Unfortunately, no data transmission over the internet can be guaranteed to be totally secure but we endeavour to use our reasonable efforts to protect the personal information of our users. We use a variety of physical and electronic security measures, including restricting physical access to our offices and firewalls and secure databases, to keep personal information secure from misuse, loss or unauthorised use or disclosure. However, FOS Collective will not be responsible for any unauthorised access to that information. If you are not comfortable sending any information over the Internet, please contact the privacy officer to discuss alternative methods for providing any information. Any personal information you give us or is stored on the Site will be dealt with in accordance with our privacy policy located at https://www.foscollective.com.au/privacy-policy

18. COPYRIGHT

18.1 Except where otherwise stated, we own all rights, title, and interest, or have license rights, in all intellectual property rights in the materials contained in or published on this site and the services accessible through it.

19. TRADE MARKS

19.1 The trademarks, service marks, and logos (Trade Marks) used in this site are registered or unregistered Trade Marks of FOS Collective or any related parties. No Trade Mark may be copied, reproduced, adapted or transmitted in any form or process without the owner’s consent.

20. GENERAL

20.1 The agreement created under these Terms of Use constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements, and understandings, whether verbal or in writing.

20.2 No failure to exercise or any delay in exercising any right, power, or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.

20.3 We may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give us notice by email to the email address specified or through the enquiry form in the “Contact Us” section of our site.

20.4 If a provision of these Terms of Use is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these site Terms of Use. All other provisions of these Terms of Use remain in full force and effect.

20.5 These Terms of Use are governed by the law applicable in New South Wales, Australia and each party irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that State.