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FormTrade's web site Terms Of Use

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Formtrade Australia Pty Ltd, FormTrade, © FormTrade 2023 makes this website (the 'Site'), including all information, documents, content, materials, and services (the 'Materials') available on the Site, available to you ('You') for Your personal, non-commercial use subject to the terms and conditions set forth in this legal agreement ('Terms of Use'). By accessing, browsing and/or using the Site, You acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations. FormTrade reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. You are responsible for periodically visiting these Terms of Use to review the current Terms of Use. If You do not agree to the Terms of Use, do not use the Site.

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Ownership and Copyright

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You acknowledge that the Materials including the manner in which the Materials are presented or appear and all information relating thereto, are the property of their respective owners as indicated, © FormTrade 2023, FormTrade Australia Pty Ltd or its licensors, as the case may be including graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of © FormTrade 2023 and Formtrade Australia Pty Ltd in Australia and all other international countries. Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. The owners of copyright in the content on this website may receive compensation for the use of their content by educational institutions and governments, including from licensing schemes managed by Copyright Agency.

We may change these terms of use from time to time. Check before re-using any content from this website.

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Use of the Site Materials

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FormTrade and Formtrade Australia Pty Ltd hereby grants to You a personal, non-transferable and non-exclusive license to access, and read Materials from the Site provided that:

  • You use the Materials for informational, personal and non-commercial purposes only;

  • You do not alter or modify the Materials in any way;

  • You display the Copyright notice(s) included on each page of the Materials in every copy of the Materials you make.

  • For avoidance of doubt, commercial use is prohibited.

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Disclaimer of Warranties

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EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND FORMTRADE, ALL MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT OR MATERIALS THROUGH THE SITE, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WITHOUT LIMITING THE FOREGOING, FORMTRADE MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS; AND, (V) THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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Limitations on liability

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FormTrade and Formtrade Australia Pty Ltd may make changes to the Materials at any time without notice. The Materials on this Site may be out of date and FormTrade makes no commitment to update such Materials.

The Site could include technical or other mistakes, inaccuracies or typographical errors. FormTrade assumes no responsibility for errors or omissions in the Materials and/or other services, which are included on, referenced by or linked to this Site. References to other corporations' sites, services and products are provided "as is" without warranty of any kind, either express or implied. For avoidance of doubt, FormTrade and Formtrade Australia Pty Ltd act on behalf of buyers and sellers and do not warrant the condition of the material being traded. It is the sole responsibility of the purchaser to satisfy themselves that the material is in an acceptable state and fit for use/purpose. Both FormTrade, Formtrade Australia Pty Ltd and the seller have no liability whatsoever for any incidents that may lead to any claim whatsoever including any damages, costs or death.

IN NO EVENT SHALL FORMTRADE, FORMTRADE AUSTRALIA PTY LTD ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF FORMTRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. FORMTRADE IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.

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Indemnity

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You agree at all times to indemnify, defend and hold harmless FormTrade, Formtrade Australia Pty Ltd its agents, suppliers, affiliates and their respective directors, officers and employees against all actions, proceedings, costs, claims, damages, demands, liabilities, death and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of:

  • Any information or other content You provide on or through this web site or which is sent to the Company by e-mail or other correspondence;

  • Your use or misuse of the Materials, products traded or this web site, including without limitation infringement claims.

  • The quality and condition of the material being traded on FormTrade and FormTrade Australia Pty Ltd.

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Links to Third Party sites

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This Site contains links to other sites on the Internet that are not within FormTrade's and Formtrade Australia Pty Ltd.'s control and are owned and operated by FormTrade's and Formtrade Australia Pty Ltd.'s partners, customers and other third parties (the "External Sites"). FormTrade and Formtrade Australia Pty Ltd will not review and makes no representations whatsoever about any External Sites to which you may have access through the Site. When you leave this Site and access an External Site, you do so entirely at your own risk and both FormTrade and Formtrade Australia Pty Ltd is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on the External Sites or for the quality of any products or services available on the External Sites. FormTrade and Formtrade Australia Pty Ltd provides links to External Sites merely as a convenience. You acknowledge and agree that the inclusion of such External Links does not imply that FormTrade endorses or accepts any responsibility or liability for any content, advertising, products or other material that may appear on or may be available on, from or through any External Sites. You further acknowledge and agree that FormTrade and Formtrade Australia Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.

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International Users

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The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that FormTrade intends to announce such products, services or programs in your country. FormTrade and Formtrade Australia Pty Ltd makes no representation that Materials on this Site are appropriate or available for use in locations outside of Australia and access to the Materials from territories where they are prohibited is illegal. If you choose to access this Site from outside Australia, you do so on your own initiative and are responsible for compliance with local laws. Commercial use is strictly prohibited.

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Governing law

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FormTrade, the Site and the Materials (excluding linked web sites or content) are physically located within the Australia. This Agreement will be governed by the laws of Australia.

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General

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The Terms of Use and the Privacy Policy constitute the entire agreement between FormTrade, Formtrade Australia Pty Ltd and you and govern your use of the Site. Neither the Terms of Use nor the Privacy Policy may be modified except in writing signed by both parties or by a new posting by FormTrade or Formtrade Australia Pty Ltd , as described in "Acceptance of Terms" above. If any provision of the Terms of Use is determined to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions. Any failure by FormTrade or Formtrade Australia Pty Ltd to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.

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Finance

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Where stated anywhere on the website, email, by phone or anywhere whatsoever that finance can be arranged, this refers to a 3rd Party Finance company that specialise in financing products being traded via FormTrade and Formtrade Australia Pty Ltd as the entity that will be potentially providing finance and not FormTrade or Formtrade Australia Pty Ltd. The 3rd Party Finance company may reserve its right to refuse finance under there own term's and conditions. FormTrade and Formtrade Australia are not liable for anything whatsoever if finance can not be arranged on any items being traded by FormTrade and Formtrade Australia Pty Ltd..

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What to do if you have any questions?

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If you have any questions or suggestions regarding our Terms of Use or Privacy Policy then please contact us.

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