TERMS OF SERVICE AND USE OF THIS WEBSITE

1. Overview

This website at www.fincraft.com.au (“Site”) is owned and operated by Sharit Dass t/as Fincraft ABN 78 778 710 416. (“Fincraft”, “we”, “us” or “our”).  Fincraft offers this Site, including all information, tools and services available from this Site to you, the user, which is conditional upon your acceptance of all terms, conditions, policies and notices stated herein. 

Please read these Terms of Service and Use (“Terms”) carefully before accessing or using our Site.  By accessing or using any part of the Site, you agree to be legally bound by these Terms and accept that they will govern your right to use and access our Site and without limitation, all the documents, information, content, images and links contained on it (“Materials”).  If you choose to use the Site and/or download Materials then we will regard that use as conclusive evidence of your agreement to and acceptance of these Terms and that this document records our rights and obligations to each other.  These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current Site shall also be subject to these Terms.  You can review the most current version of these Terms at any time on this page. 

2. Terms of Access

By agreeing to these Terms, you represent to us that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal, offensive or unauthorised purpose nor may you, in the use of our Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit or cause to transmit through any means, including but not limited to worms, spyware, malware, trojans, viruses or any code that may cause or contribute to any damage, injury or loss to Fincraft, any user of the Site.

3. General Information Only

The information available on this Site is general information only.  It should not be taken as constituting professional advice from Fincraft.  It has not been prepared with the knowledge of your unique circumstances.  You should seek independent legal, financial or taxation advice to assess how any information provided on this Site relates to your unique circumstances. 

Fincraft is not liable for any loss or damage caused, whether due to negligence or otherwise arising directly or indirectly from the use of, or reliance on, the information provided directly or indirectly, by use of this Site.

4. Reproduction of Documents and Data

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site including any Materials on the Site without the express written permission by us.   In particular, you are not permitted to republish, upload, transmit electronically or otherwise, or distribute any Materials you download from this Site where that activity is part of, or arises directly or indirectly from or is in connection with a business that is competitive with or similar to the business of Fincraft.  We expressly reserve all copyright in our website and in all Materials on this Site

5. Accuracy, Completeness and Timeliness of Information

We give no warranty that any information or the content of this Site will be free of errors, accurate, complete, current or that defects will be corrected.  The Materials on this Site is provided for general information only and must not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely/current sources of information.  You acknowledge that you bear all risks associated with, the use of all Materials on the Site, including any reliance on the accuracy, completeness and usefulness of it.  This Site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.

6. Optional Tools

We may provide you with access to third-party tools over which we neither monitor, own, licence nor have any control nor input over.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We accept no liability whatsoever arising directly or indirectly from or in connection with your use of optional third-party tools.  Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms.

7. Third-Party Links

Certain content, products and services available via our Site may include materials from third-parties.  Third-party links on this Site may direct you to third-party websites that are not affiliated, endorsed, sponsored, approved or arranged with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  Your communications and dealings with, or participation in promotions of, third-parties found on or through our Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those third-parties.

We are not liable for any harm, loss or damages related to the purchase, conditions or use of goods, services, resources, content, or any other transactions made arising directly or indirectly from or in connection with any third-party websites.  Please carefully review the third-party’s policies, terms, conditions and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries, or article comments) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us.  We are and will be under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole and absolute discretion is unlawful, offensive, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violates, breaches or infringes any party’s intellectual property or these Terms. 

You agree that your comments will not violate breach or infringe any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, offensive, abusive or obscene material, or contain any computer worms, spyware, malware, trojans, viruses or any code that could in any way affect the operation of the Site or any related website.  You must not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you, any other user or any third-party on our Site or on any related website.

9. Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product and service descriptions, pricing, promotions, offers, and availability.  We reserve the right, at our sole discretion, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  Any such correction, change, amendment or update is made on a no admissions basis.

We undertake no obligation to update, amend or clarify information on the Site or any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

10. Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its Materials: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, offend, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or otherwise; (f) to submit false or misleading information or comments; (g) to upload or transmit worms, spyware, malware, trojans, viruses or any code that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet; or (l) to corrupt data . We reserve the right to terminate or suspend your use of the Site or any related website for any reason at our sole discretion including for violating any of the prohibited uses under these Terms.

11. Warranties and Limitation of Liability

Subject to the provisions of the Competition and Consumer Act 2010 (Cth) (“Act“) and unless expressly stated by us, to the maximum extent permitted by law, we absolutely disclaim and exclude all warranties, terms and conditions of any kind, expressed or implied, including, without limitation, implied warranties, terms and conditions of merchantability, merchantable quality, fitness for any particular purpose, durability, title and non-infringement.

All rights and claims by you arising directly or indirectly from or in connection with your use of this Site are exhaustively covered by these Terms.  Your sole remedy is to cease using this Site.

You agree and accept that in no case shall Fincraft, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for, any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising directly or indirectly from or in connection with your use of this Site, including, without limitation, lost profits, lost revenue, loss of opportunity, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising directly or indirectly from or in connection with the use of this Site, or for any other claim related in any way to your use of this Site, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site, even if advised of their possibility . In short, your use of the Site is solely at your own risk.

12. Modification to Terms

We reserve the right to update, change, modify or replace these Terms or the contents of this Site at any time without notice. 

It is your responsibility to review these Terms periodically on the Site, and if at any time you find these Terms unacceptable, your sole recourse will be to cease using the Site.

Your continued use of the Site after any such changes will demonstrate and constitutes your acknowledgment and acceptance of any new terms.  We also reserve the right to discontinue the Site at any time without notice.

We have no obligation to update any information on our Site.  You agree that it is your responsibility to monitor changes to our Site.

13. General Conditions

Indemnification: You agree to indemnify, defend and hold harmless Fincraft and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Privacy: We respect your privacy and the confidentiality and security of personal information provided by you to us. How we handle your personal information is explained in our Privacy Policy available at: here

Non-waiver: The failure or delay on our part at any time to enforce any of our rights or to exercise any option or discretion in these Terms will not be construed as a waiver of the provisions of these Terms or prejudice the later exercising of such rights or the exercise of any such option or discretion by us.

Severability: If any provision of these Terms (in part or whole) is void, voidable, illegal or unenforceable it must be read down to the minimum extent necessary to affect its validity, or otherwise as far as the prohibition or unenforceability, to be severed from the contract without in any way affecting the effectiveness, validity, legality or enforceability of the remaining provisions of these Terms.

Governing Law/Jurisdiction: These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia.  In the event of any dispute or claim associated with these Terms, that dispute or claim will be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.  You irrevocably waive any objection you may now or in the future have to the venue of any proceedings, and any claim you may now or in the future have that any proceedings have been brought in an inconvenient forum, where that venue falls within New South Wales.

Entire Agreement: These Terms constitutes the entire agreement and understanding between you and us arising out of or in connection with your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of these Terms).  You agree that no representations or statements, other than those expressly set out in these Terms, were made or relied upon by you.  Any ambiguities in the interpretation of these Terms must not be construed against the drafting party.

Contact Information: Questions about these Terms should be sent to us at [email protected]

Last updated: 30 October 2020

About Me

Sharit Dass, CA, MBAe
Managing Director

I am a Chartered Accountant with over 20 years’ experience working in small to large organisations across corporate, government and not for profit sectors in Australia and the United Kingdom.

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