These Terms were last revised on 1st October 2015.

 

Owner of website

This website is owned by Global Invoice Exchange Pty Ltd ACN 605 911 706 Level 1, 120 Sussex St, SYDNEY NSW 2000 trading as FundX ("FundX").

 

Agreement to Terms

Your access and/or use of this website, and any sub-sites of this website, including any areas of this website which are subject to restricted access and any application through which this Website or any part or functionality of this Website is accessible (the “Website”) is governed by these Terms & Conditions which includes our Privacy Policy (collectively, the “Terms”). The Terms constitute a legal agreement between you and FundX. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE WEBSITE OR THE SERVICES. We may from time to time amend the Terms by publishing the updated Terms on the Website.  By accessing, using or continuing to use this Website or the Services (as defined below) you agree to, and accept, the Terms as amended from time to time. You reconfirm your agreement to these Terms (including any changes to these Terms) each time you access the Website or your user account. 

 

FundX provides services by which its Customers may raise finance for their business through FundX.  If you access these lending services, your use of the Website and the Services will also be subject to the terms of any agreement or arrangement by which the lending services are provided. If there is any inconsistency between the Terms and the specific terms on which any lending services are provided, the terms of the lending services will prevail to the extent of the inconsistency.

 

Definitions

In these Terms:

a.     we”, “our” and “us” means FundX.

b.     Content” means the content of this Website and includes, without limitation, our trading name, files, documents, text, photographs, images, audio, video, trademarks (whether registered or not), logos, and computer code.

c.     Data” means the data that you may choose to provide, transmit, upload, import or make accessible to us, including without limitation Software Data.

d.     Data Uses” means performing background checks on you and providing the Services to you.

e.     Privacy Policy” means the FundX privacy policy which may be accessed here. [NB: enable link to the Privacy Policy by clicking on the word “here”]

f.      Registered User” means a user registered to use any of the Services.

g.     "Services" means the services available through FundX including the products, services and software that you order, receive or access as part of the FundX service.

h.     Software” means a third party software product, such as an e-invoicing or accounting software product.

i.      Software Account” means, a Software account to which you have actually signed-in and in relation to which you are an active user and through which you have, or will, connect to the Website or the Services.

j.      Software Data” means data and materials that we will collect from the relevant Software and/or the Software Account.

 

Business purposes

The Website and the Services are provided only for bona fide business purposes and to facilitate business transactions. The Website and the Services must not be used for any other purpose. In particular, you agree that the Website and the Services will not be used for personal, domestic or household purposes.

 

Use of Website and Services

As a user of the Website or a Registered User, you agree to the following:

a.     Exclusive use of account: If you are a Registered User, FundX may establish a user account for you within the Website. Your account is to be used only by you and only for your business needs. You may not authorise others to use your account and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FundX is not responsible for any third-party access to your account including access which results from theft or misappropriation of your user name and passwords.

b.     Information and disclosure: You agree that all information provided by you to us will be accurate, true, current and complete information.

c.     Liability for information submitted: You are solely responsible for, and assume all liability regarding:

·      the information and content (including Data) you provide through your use of the Website and any Services;

·      the information and content you make available (including Data) in any manner through the Service; and

·      your interaction with any and all third parties.

d.     Acknowledgment: You acknowledge that FundX may not be able to provide a lending services to every Registered User seeking to use the Services. FundX gives no assurances that any person will be able obtain business funding through using FundX’s services.

e.     Compliance with laws: You agree not to use the Website or the Services for any activities that breach any laws, regulations, codes or standards. Without limitation, you must not tamper with or hinder the operation of the Website or post to the Website any viruses, worms, Trojan horses or similar disabling or malicious code.

 

Intellectual property

Except as specified in these Terms, FundX is the owner or holder of all the rights in and to the Website.  You have no rights to, or licence in, the Content except the right to use the Website in accordance with these Terms. Unless otherwise indicated, FundX owns all the Content including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content. The Content is protected by copyright, trademark, design and other intellectual property laws. The Content is also protected by competition laws. Any copying, reproduction or misuse of any part of the Content is prohibited except if, and to the extent, permitted by law. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Website, Services or technology.

 

Confidential Information

Through the Website or the use of the Services, you may obtain confidential information belonging to another person including but not limited to FundX.  You must not copy, reproduce, disclose, distribute, make commercial use of or create derivative works from any such confidential information without the prior consent of the owner of that information.

 

Privacy

You do not need to disclose your identity to us in order to use the Website.  However, we may collect anonymous traffic data from users and we may record details about any computer used to access this Website, the date and time of access and details of the information downloaded.  That information is used for internal statistical purposes and to improve the Website.  Any other information supplied to us (for example, if you send us an e-mail) is treated in accordance with our Privacy Policy. If you decide to use the Services and/or become a Registered User, FundX will collect, hold, use and disclose your personal information in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth). To view our Privacy Policy, click http://www.fundx.com.au/privacy-policy

 

Links to other websites

The Website and Services may provide links to other websites, including without limitation, advertisers, which are not under the control of FundX. Those links are provided as a service to the users of the Website and Services. FundX is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. FundX does not:

a.     accept responsibility for, or endorse the material on, any linked website;

b.     give any representation or warranty as to the reliability, accuracy or completeness of the material on those websites; or

c.     have any liability to anyone for anything which may happen as a result of the use of, or access to, those websites. 

You must not create or maintain a link from another website to the Website without our written approval.

 

Use of Software

a.     Software: The Services may enable you to select and connect or interact with a Software. You are solely responsible for: (i) registering your Software Account; (ii) keeping your Software active; (iii) your choice to connect, interact with and use your Software; and (iv) the payment of any Software fees to the provider of the Software in connection with your use of the Software. FundX is not affiliated with, has no control over, and assumes no responsibility for, the policies or practices of any Software or Software provider. You acknowledge and agree to review and be bound by the terms of use and privacy policy of any Software that you use and connect with, and you agree to indemnify and hold us harmless, and expressly release us, from any and all liability arising from your use of, and/or connection to, a Software.

b.     Authorisation: If you choose to connect or interact with a Software then you: (i) hereby grant us authorisation to access your Software Account in accordance with the rules for doing so prescribed by the Software provider; and (ii) agree to cooperate with us and provide any information that we or the Software provider may request in order to enable us to access your Software Account. We will only access and use the Software in order to: (i) perform background checks; and (ii) provide the Services to you.

c.     Software Data: If you connect or interact with a Software then we will collect Software Data. We only collect Software Data that the Software provider enables us to collect by utilising the Software provider's "connect" tool. If we collect Software Data then we may use it for Data Uses. You provide your express consent for us to collect and use your Software Data for the purpose of performing the Data Uses. Please also see the Software Data section below which includes additional information about our collection and use of Software Data.

d.     FundX Credentials: If we provide you with any FundX credentials, identification or other information to enable you to connect with a Software, you agree not to use said information for any purpose except to connect to the Software as part of your use of the Services.

e.     Termination: You acknowledge that any restriction of FundX from obtaining a connection or interaction with your Software Account may prevent you from being able to apply for and/or use our Services and may constitute a breach of our service terms if such Service has been supplied.

 

Customer Data

a.     Data: You may choose to provide, transmit, upload, import or make accessible your Data, including without limitation Software Data, to us for us to use in connection with the Services. We will only use the Data for the Data Uses. You expressly consent for us to collect and use Software Data for the purpose of performing the Data Uses. You retain ownership of the Data you provide.

Privacy: We follow generally accepted industry standards to protect the security and confidentiality of Data. We will maintain any personally identifiable information that we collect and/or receive in accordance with our Privacy Policy which is available at http://www.fundx.com.au/privacy-policy

b.     Despite any other provision of the Terms, you agree that we may use aggregate Data that is anonymous and is not personally identifiable in order to evaluate, develop and improve the Services and our products and services and for the other purposes set forth in our Privacy Policy.

c.     Public Content:  If you provide any content (including Data) to any publicly accessible areas of the Website (for example by providing blog comments), you grant to FundX an irrevocable worldwide royalty free non-exclusive licence to use, reproduce, publicly display, publish and distribute that content, including incorporating it into other works and using it for FundX’s own commercial purposes and the right to sub-licence that content.

d.     Representations and warranties: You represent and warrant that: (i) you own or have obtained the right to all of the intellectual property rights subsisting in your Data and any other content you provide via the Website, and have the right to provide FundX the license granted herein to such Data and content; (ii) your Data is accurate, current and complete; (iv) your Data is not misleading or false; and (iv) your Data does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party. You will remain solely responsible and liable for your Data, including without limitation for our reliance upon your Data in order to perform background checks and to provide the Services to you, and you agree to indemnify and hold us harmless, and expressly release us, from any and all liability arising from the foregoing.

e.     Backup: You acknowledge that: (i) the Services do not operate as an archive or file storage service and we do not store all of the Data that you may provide, upload, import, or otherwise generated during your use of the Services; (ii) you are solely responsible for the backup of your Data; and (iii) you will lose access to any Data that you delete.

 

Disclaimer of warranty

FundX does not warrant that access to or use of the Website or the Services will always be available, be secure, uninterrupted or error-free or that defects in the Services will be corrected. The Website and the Services including any content or information contained within them are provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information and non-infringement. FundX does not warrant the accuracy, completeness or timeliness of the information obtained through the Website. You assume total responsibility and risk for your use of the Website, the Services, Software Account and linked websites. FundX does not warrant that the Website or any files or software available for download or use via the Website or the Services will be free of viruses, worms, Trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.

This Disclaimer of Warranty will apply to the maximum extent permitted by applicable law. If any law implies a warranty or guarantee that cannot be lawfully excluded, our liability for the breach of the implied warranty or guarantee is limited, at our option, to supplying again the Services or use of the Website or the payment of the cost of supplying them again.

 

Limitation of liability

To the maximum extent permitted by law, and except to the extent expressly specified or referenced in the Terms, FundX is not liable (whether in contract, tort, under statute or otherwise) for any loss, damage, or expense (including special, indirect or consequential loss, loss of profit or revenue, loss of use, legal costs, defence or settlement costs, losses associated with loss or corruption of data or programs, service interruptions and procurement of substitute services) that you or any other person incurs arising directly or indirectly out of, or referable to, the Website, the Services, Software Account or to third party material, including any use of or inability to use or access the Website, the Services, a Software Account or any third party material. This limitation applies even where FundX knows or ought to know of the potential that such loss may be caused.  In any event, FundX shall not be liable to any person (including their related parties) for any amount in excess of $20.00. 

 

Indemnification

You agree to indemnify, defend and hold harmless FundX, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable legal fees) suffered or incurred by FundX or any of its directors, officers, employees, contractors, agents, related parties, shareholders, financiers and investors (the FundX Indemnified Parties) relating to or arising out of:

a.     your use of or inability to use the Website, the Services or your Software Account,

b.     any user postings made by you,

c.     your provision of Data which is incorrect, inaccurate, unverifiable or incomplete,

d.     your violation of any terms of these Terms or your violation of any rights of a third-party, or

e.     your violation of any applicable laws, rules or regulations.

 

Any of the FundX Indemnified Parties has the right to enforce this indemnity against you.

 

FundX reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FundX in asserting any available defences.

 

Term and termination

You accept these Terms and this agreement becomes effective upon your use of the Website or Services by visiting this website and will remain in effect indefinitely unless terminated in accordance with the Terms. FundX reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to suspend or terminate your user account and to remove your account information or Data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Terms, you agree that all fees then paid to FundX by you will be nonrefundable and all outstanding or pending payments will immediately be due. Unless otherwise stated, the Terms will survive termination of your user account registration and termination of any other Services provided or available to you.

FundX may terminate these Terms by removing them from the Website or posting a notice on the Website that the Terms have been terminated.

You may terminate your user account at any time by emailing us at moreinfo@fundx.com.au

 

General

If any of the terms is deemed invalid, void or unenforceable, it will be severed from the Terms and the remaining terms will remain valid and enforceable. The failure of FundX to exercise or enforce any of these Terms does not constitute a waiver of any Term unless such waiver is given by FundX in writing.  These Terms are governed by the laws of New South Wales and both you and us agree to the non-exclusive jurisdiction of the courts of New South Wales, and of courts entitled to hear appeals from those courts.