Website terms of use

This website being www.fbr.com.au (Website) is owned and operated by, or on behalf of, FBR Ltd ACN 090 000 276 (FBR).

The website and the products and services available on the Website are governed by these Terms of Use.

In these Terms of Use, 'us', 'we,' 'our' and similar grammatical forms means FBR and any of FBR's wholly owned subsidiaries, agents or contractors.

Acceptance of Terms of Use

By accessing or using the Website you agree to be bound by these Terms of Use as they exist at that time. If you do not agree with these Terms of Use (including any amendments to these terms) you must immediately cease using the Website.

We may amend these Terms of Use from time to time with or without further notice to you and without giving you any explanation or justification for such change. You should check this page from time to time for changes. Your continued access to and use of the Website constitutes your acceptance of any revisions or changes to these Terms of Use.

Subscriptions

You may subscribe to receive information and updates from us via the Website. When you subscribe, you will need to provide us with personal information such as your name, email address and any other personal information we may require for the purposes of activating your subscription. You can opt out of any subscription via the link provided in each communication that we send you related to your subscription and any personal information collected by us will be handled in accordance with our Privacy Policy (www.fbr.com.au/privacy).

Access to Website

You may need to register as a member and create a profile in order to access some parts of the Website and certain features. When you register as a member and create your profile you will need to provide us with personal information such as your name, email address and any other personal information we may require for the purposes of activating your membership. Any personal information collected by us will be handled in accordance with our Privacy Policy (www.fbr.com.au/privacy).

When you register as a member and create a profile we may provide you with a username and password. You may need to log in using your username and password to access certain features of the Website.

You must maintain the confidentiality of your password and you are responsible for all activities that are conducted through your account whether or not you have authorised such use.

Your account and your right to use the Website are personal to you and you must not authorise others to use your account. It is a condition of use of the Website that you ensure that your contact details are kept up-to-date and accurate. You can change or correct your information by logging-in to your profile. You can request that your account be disabled by contacting us at legal@fbr.com.au.

You must contact us immediately if you believe someone has gained unauthorised access to your account.

User content rules

To the extent we enable, you may submit content to us for the purposes of inclusion on the Website and we may publish such content at our sole discretion. You should not include any personal information or sensitive (e.g. health related) information such as your name in content you submit to the Website if you do not want it to appear on the Website. If you do include personal information and/or health information in content you submit to the Website, you consent to it being published on the Website. However, we may edit the content to remove or limit the personal information and/or sensitive information published or where appropriate we may decide to not publish the content on the Website.

We may (but have no obligation to you to) monitor, moderate or exercise editorial control over any content you submit to the Website. We may (at our sole discretion and without liability to you) edit, remove from the Website, or elect to not publish content on the Website if, in our opinion, that content is or may potentially be:

incompatible with any of our policies;
inaccurate, misleading, false or deceptive or otherwise contrary to law or regulation;
defamatory, discriminatory, abusive, inflammatory, threatening, offensive, obscene or racially vilifying;
inappropriate, off topic or vexatious;
spam, promotes a product or commercial service, or solicits business; or
breaching confidentiality, privacy or third party rights.

Use of Website

You agree to only use the Website in accordance with these Terms of Use and applicable laws. You may be held personally liable for any unlawful use of the Website.

Your failure to comply with these Terms of Use may result in the suspension or termination of your right to access the restricted sections of the Website, without notice.

If you think any content or material on the Website is inappropriate, inaccurate, out of date, unlawful or infringes your rights, please contact us at legal@fbr.com.au.

You are solely responsible for providing (at your cost) all equipment, software and internet access necessary to use the Website.

Intellectual property rights

We own or license all of the intellectual property rights in the materials, information and content on this Website, including without limitation the text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of the Website. This content is protected by copyright laws in Australia and overseas.

You may access, download and print content from this Website for your own personal or internal business purposes only, provided you do not remove any copyright and trade mark notices contained on the material.

Except for the limited use set out in the preceding paragraph, you may not use the Website or the material contained on it without our prior written consent for:

the reproduction of the material in any material form;
the distribution of the material in any material form;
re-transmission of the material by any medium of communication;
uploading and/or reposting the material to any other website;
"framing" the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

You may not modify or copy:

the layout of the Website; or
any computer software and code contained in the Website.

The material provided on the Website is provided for personal use or internal business purposes only and may not be:

re-sold and/or redistributed in any material form;
stored in any storage media; and/or
re-transmitted in any media,

without our prior written consent.

Where you upload or provide information to us via the Website, you warrant that you are the owner of the materials you upload (or that you are otherwise authorised by the owner to upload those materials).

By submitting content to the Website, you grant us a worldwide, royalty-free, perpetual licence to use, reproduce, edit, modify and exploit your content (and to sub-license others to do so), in any form or on any medium and for any purpose, including but not limited to:

posting your content on our social media pages; and
using your content in promotions and marketing.

You also consent to us (and our successors, assigns and licensees) doing or omitting to do anything with content you upload to the Website that, but for this consent, would constitute an infringement of your moral rights (as defined in the Australian Copyright Act 1968(Cth) and equivalent legislation in other jurisdictions). This includes reproducing, publishing, performing, transmitting, exhibiting, adapting, altering or in any way changing or using the content in any way that we see fit.

We reserve the right to review, edit, move or delete any content or material displayed on or through the Website at any time without notice and without liability.

The Website includes trade marks which are protected by law. You may not use our trade marks without our prior written consent, except to legitimately identify our products or services.

Security

The transmission of information over the Internet is not completely secure or error free. In particular, emails or other communications to or from us and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means.

Emails or other communications to or from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

Disclaimer and Liability

We are not in the business of providing professional advice and we do not provide any warranty, guarantee or representation in relation to your use of the Website or as to the currency, completeness, accuracy or otherwise of the content displayed on the Website and/or linked sites on the internet or the availability of the Website. Your use of the Website is at your own risk and the Website is provided to you "as is" and "as available".

We do not warrant, guarantee or make any representation that:

the Website or the server that makes the site available on the internet are free of software viruses;
the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
errors and defects in the Website will be corrected.

We are not liable to you for:

errors or omissions in the Website, or linked sites on the internet;
delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

To the maximum extent permitted by law, we and each of our directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise as a result of using the Website or any content, information, product or service available on or from the Website.

Nothing in these Terms of Use restrict, exclude or modify any rights that cannot be excluded under any applicable law including the consumer guarantees set out in the Competition and Consumer Act 2010(Cth). If we are liable for a breach of a consumer guarantee (or any other term implied by law) and that liability cannot, by law, be excluded but can be limited, our liability is, to the fullest extent permitted by law, limited to any one or more of the following as we determine in our absolute discretion:

(a) in relation to goods, replacing or repairing the goods or paying the costs of having the goods replaced or repaired; and

(b) in relation to services, resupplying the services or paying the costs of having the services resupplied.

By submitting content to the Website you indemnify and shall keep indemnified those indemnified from and against all liability those indemnified may suffer or incur arising from any claims against us by third parties in connection with the content you submit to us (including that any such content breaches privacy, confidentiality, intellectual property rights or any law). In this section, "those indemnified" means us and each of our directors, officers, employees and agents.

Linking and framing

The Website may contain links to other sites and may display content or information from other sites within frames on this Website.

In relation to other sites on the internet which are linked to the Website, we:

provide the links to the other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents on the linked site; and
are not responsible or liable for third party content or information, and do not warrant the accuracy, currency or suitability of that information for any purpose.

You may link to our Website provided you do so in a way that accurately indicates that the link is to an FBR website and is not misleading.

Use of electronic addresses

We may publish electronic addresses of our employees, officers and partners on this Website for business purposes only. The publication of those electronic addresses should not be taken as consent by such employees, officers and partners to receiving unsolicited commercial electronic messages not directly related to FBR.

Termination or suspension of Website

We have the right to terminate or suspend the operation of the Website (including in part) for any reason without notice and without liability. We may (without limitation) suspend the Website to conduct maintenance or implement updates.

Privacy

Any personal information we collect about you via this Website or otherwise will be dealt with in accordance with our Privacy Policy (www.fbr.com.au/privacy).

We may use cookies to identify your computer on our server and so we can track your use of this Website. In some instances cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy (www.fbr.com.au/privacy).

General

These Terms of Use are governed by the laws of Western Australia, Australia . In the event that we have a legal dispute relating to this Website or these Terms of Use the courts of Western Australia will have exclusive jurisdiction.

If any provision of these Terms of Use is found to be invalid or unenforceable, the provision will be deemed severed from the Terms of Use and the remainder of the terms will continue in full force and effect.

Although Australian websites may be accessed outside of Australia, we make no representation that the content of the Website complies with the laws of any other country. If you access the Website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on Website content.

Last updated: June 2023