Terms & Conditions
These terms and conditions govern your use of all parts of our websites, including www.fiveam.com.au (Sites), which are made available to you by FiveAM Operations Pty Ltd (we/us/our). Your use of these Sites indicates your agreement with these terms and conditions. If you do not agree to these terms, do not use these sites.
Your use of the Sites
The information on our internet site is directed at and available to residents of Australia only and, unless expressly stated otherwise, is not an offer or solicitation for the purchase of securities, units, investments or products.
The information on our Sites should be used as a guide only and should not be relied upon. All of the information (including pricing and product information) on our Sites may change from time to time. Please contact us if you require any specific information about a product or a service that we offer.
When using the Sites and the information and material contained at the Sites and any linked web site, you and all other users are solely responsible for deciding whether the information is appropriate to your particular situation. You acknowledge that the information at the Sites does not take into account the particular circumstances of you or any third party.
You must only use information from the Sites for your own personal or internal corporate use. In particular, but without limitation, you may not use, copy, reproduce, disseminate or communicate information from the Sites for commercial purposes.
The Internet is not a secure environment. If you send us information, including your email address, it is sent at your own risk.
You are responsible for information you provide to us through or in relation to the Sites. In particular, information provided to us must not be fraudulent and misleading, must not infringe any third party’s rights, and must not violate any applicable law, statute, regulation or industry code of conduct.
Our liability to you
While we provide the information in good faith, we do not warrant that the information on the Sites, including information, pictures, colours and specifications, is correct, and we accept no responsibility for the accuracy, completeness or timeliness of the information and will not be responsible for any loss that results from you relying on the Sites.
To the maximum extent permitted by law:
(a) We are not responsible for any errors or omissions in the information or material on the Sites or for results obtained from use of this information or material;
(b) Information at the Sites is provided “as is”. We do not guarantee continuous, uninterrupted or secure access to the Sites. In using the Sites, you acknowledge that the Internet is inherently unreliable and we are not responsible for any inaccuracies, interferences or interruptions in providing the Sites to you which are not within our direct control;
(c) We exclude all implied conditions and warranties, including as to completeness, accuracy and timeliness of the information at the Sites. If conditions and warranties are implied by law and cannot be excluded, we limit our liability, to the extent permitted by law, to re-supply or payment of the cost or re-supply of services provided at the Sites; and
(d) We will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or reliance on, or use of, or inability to use the Sites, whether based on warranty, contract, tort, negligence or other legal theory, and whether or not we know or have been advised of the possibility of such damage.
You indemnify and hold us and our shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the violation of these terms by you.
We own or licence the copyright and other intellectual property rights in all works that appear on the Sites, including the website design, pictures, graphics, brochures, colours and specifications (“Works”). We grant you a non-exclusive licence to reproduce the Works:
(a) For the purpose of browsing the Sites; and
(b) In hardcopy for the purpose of reviewing the material.
Apart from as set out in this clause, you must not reproduce, distribute, modify, upload, transmit, reuse or post any information on the Sites unless you have our prior written consent.
Our trade marks and logos
You may not reproduce or use our trade marks, logos, product names or business name without our prior written consent.
Links to other websites
The Sites may include links to third party sites. These third party sites may be developed and maintained by third parties over whom we have no control. We do not accept any responsibility for any third party site, including without limitation, the content of those third party sites. We do not warrant the accuracy, completeness, legality or reliability of any third party site. We do not make any other representation or endorsement in relation to any third party site or service available at a third party site.
The governing law of the Sites is Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of Victoria.