1. User Agreement
1.1 By using:
(a) the flast.com.au website and any of its associated products, services and functionality; or
(b) the flast.com.au mobile application, (in each case, the "Website") you acknowledge and agree to be bound by these terms and conditions ("Agreement").
1.2 Please read this Agreement carefully before using the Website. If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
1.3 This Agreement is formed between you and flast.com.au (referred to in this Agreement as "We", "Us" and "Our").
1.4 Anyone who uses the Website is referred to in this Agreement as "You" and "Your".
1.5 We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes.
1.6 We are under no obligation to notify you of any changes to the Website. You should regularly check this Agreement to make sure you are familiar with the most current version.
2. No Legal Advice or Solicitor-Client Relationship
2.1 The Website is not a law firm and does not provide legal advice.
2.2 Your use of the Website or the receipt of any information, product or service from us is not intended to create nor does it create a solicitor-client relationship between us.
2.3 This Website is a summary and general overview only of the subject matter covered.
2.4 This Website is not intended to be, nor should it be relied on as, a substitute for legal or other professional advice.
3.1 You must be a registered member to access some features of the Website.
3.2 When registering and activating your account, you must provide us with personal data, including, but not limited to, your email address. You must ensure this data is accurate and current.
4. User Representations
4.1 You represent and warrant that:
(a) You are at least eighteen (18) years of age;
(b) You possess the legal right and ability to enter into a legally binding agreement with us; and
(c) You will use the Website in accordance with this Agreement.
5. Your Use of the Website
5.1 The only authorised access point to the Website is via https://www.flast.com.au and its associated mobile application.
5.2 You agree to use the Website only for purposes that are permitted by:
(a) this Agreement;
(b) any applicable law or regulation; and
(c) flast.com.au Community Guidelines.
5.3 You must not (or attempt to):
(a) access any part of the Website by any means other than through the interface provided by us;
(b) with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
(c) engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website;
(d) interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or
(e) use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent;
(f) use the Website to upload, transmit or otherwise contribute content that infringes on another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
(g) use the Website to upload or publish any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware, or is otherwise objectionable as reasonably determined by us;
(h) use the Website for any fraudulent or inappropriate purpose;
(i) use browser plugins or third-party services to block or circumvent advertisements displayed on the Website;
(j) use the Website to send unsolicited or spam messages to any third-party; or
(k) use the Website to impersonate another user or person.
5.4 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
5.5 You understand that multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorised by us.
5.6 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
5.7 You must not use another member's account without our, and/or the other user's, express permission.
5.8 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
6. Termination of Services
6.1 We may stop (temporarily or permanently) providing access to the Website to you at our discretion and without prior notice.
6.2 We may terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account.
6.3 We will not be liable to you or any third party in the event of us taking actions under clauses 6.1 and 6.2.
7. Changes to the Website
7.1 We reserve the right to change the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to any changes.
8. Information on this Website
8.1 We do not pre-screen contributed content or review contributed content, but we have the absolute right (though not the obligation) to modify and/or remove, without notice, any content published.
8.2 You understand and agree that except as required by law, we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us.
8.3 You agree to make your own enquiries to verify information provided on this Website and to assess the suitability of any product or service before you purchase the product or service.
8.4 We are not responsible for how you use the information provided on the Website. You agree to seek independent legal advice before using or relying on any information provided on the Website.
9. Disclaimer and Liability
9.1 We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
9.2 We exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the Website;
- you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;
- personal injury or property damage of any nature resulting from your access to or use of the Website;
- any unauthorised access to or use of our secure servers and/or personal data and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from the Website;
- any malware (bugs, viruses, trojan horses or other harmful code or communications) which may be transmitted to or through our Website by any third party; and/or
- the quality of any product or service of the Website or any linked website.
9.3 Where liability cannot be excluded, any liability incurred by us in relation to the use of this Website is limited as provided under section 64A of The Australian Consumer Law, as part of the Competition and Consumer Act 2010 (Cth) (Australia).
9.4 We will never be liable for any indirect, incidental, special or consequential loss arising out of the use of this Website, including loss of business profits.
10.1 You understand and acknowledge that users of this Website have sole responsibility and are personally liable for any content that they contribute and actions that you perform on this Website. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
11. Intellectual Property
11.1 We reserve all of our intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
11.2 You may not: (a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or (b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
11.3 We respect the intellectual property of others. Other trademarks used on the Website that belong to third parties remain the intellectual property of the third party. It is our policy to respond expeditiously to claims of intellectual property infringement. Intellectual property rights holders with claims of infringing content must email support@Flast.com.au with true and correct particulars of their claim.
11.4 If you contribute content to the Website, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
12. Transfer and Assignment
12.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
- we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal data and other data that we have collected from you to the third party; and
- we shall be entitled to assign the benefit of any agreements we have with you to the third party.
13. Third Party Legal Documents and Services
13.1 We may offer legal document kits and related legal services, on behalf of third-party merchants on the Website.
13.2 We may receive a sales commission from a third-party merchant for a completed sale.
13.3 The third-party merchant, and not Flast.com.au, is the seller and supplier of the goods/services to which the offer relates and is solely responsible for honouring your purchase.
13.4 To the extent permitted by law (including the Australian Consumer Law), Flast.com.au makes no warranty or representation regarding the standard of any goods or services to be supplied by the third-party merchant.
14. Law Firm Memberships
14.1 Unless we have agreed to a separate Law Firm Membership Agreement, this section applies to all Law Firm Memberships.
14.2 You must pay us, monthly in advance, from the start date of your Law Firm Membership Subscription Period, using PayPal or another payment method as directed by us.
14.3 You may cancel your Law Firm Membership with one (1) month notice.
14.4 We may cancel your Law Firm Membership where you do not pay us in accordance with 14.2.
14.5 You are responsible for maintaining the content on each Law Firm Profile permitted and noted in your Law Firm Membership.
14.6 We may change the inclusions or exclusions for your Law Firm Membership at any time, for any reason.
15.1 You are fully responsible for all orders that you place.
15.2 The promotion of products or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
15.3 Orders that you place are offers to purchase products under this Agreement at the price specified. Orders are only confirmed once full payment is received.
15.4 We may reject your order, including if we believe there may be credit card fraud, if we later become unable to fulfil your order, or if there has been an error in the price or product description on the Website.
15.5 You must review your order carefully before placing it. Once an order is confirmed, it is unable to be changed or cancelled. If you have a problem with your order, then you must go through the returns process outlined in 15.6. As a general rule, we will not change or replace your order where you have made an error.
15.6 If seeking a return on a product, please contact us via support@Flast.com.au. Once contacted, we will investigate and advise you whether your product may be returned and, where required, we will provide you with return instructions with which you must comply. Returns for change of mind are given at our absolute discretion.
15.7 If we cancel or are unable to fulfil your order, we will refund any payment received.
16.1 We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
16.2 This Agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.
16.3 If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
16.4 If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.