Last updated May 2020

This website located at www.fst.net.au (Website) is owned and operated by FST Media Pty Ltd (ABN 53 124 351 560) (Company, we, us, our) of Suite 1102, Level 11, 275 Alfred St, North Sydney NSW 2060.

A reference to Website in these Terms and Conditions includes its related services, products, websites, tools and applications and the domain name listed above, unless the context indicates otherwise.

Your access to and use of the Website is subject to these Terms and Conditions and any other terms, conditions, notices or disclaimers we place on the Website. In the event of any inconsistency between these Terms and Conditions and any other terms, conditions, notices or disclaimers contained on the Website, the provisions of these Terms and Conditions shall prevail but only to the extent of such inconsistency.

These Terms and Conditions do not relate to your use of any service described or offered on the Website and you are referred to the Terms of Trade and the individual warranty, if any, relevant to that particular service as applicable.

By accessing and using the Website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you are not authorised to use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Website, following the posting of changes to these Terms and Conditions will mean you accept those changes.

To report any problems regarding this Website, please contact the Company at info@fst.net.au.
 

Privacy Policy

The Company Privacy Policy is incorporated into and forms part of these Terms and Conditions.  Please read the Company Privacy Policy set out in a separate document on this Website.
 

Restrictions on Use of Website Material

Copyright

All right, title and interest (including copyright) in all information, text, material, designs, logos, insignia, audio and/or video material and excerpts, graphics and other images, computer programs, code (including HTML), URLs, advertisements, photographs, illustrations, other works or subject matter (Material) provided by Company and appearing on the Website (Website Material) is owned by the Company or its licensors.

This includes:

  • the intellectual property rights subsisting in the Material and the Website Material;
  • any customisations of, and modifications to, the Material and the Website Material to suit your individual needs;
  • information or data, source codes and other information technology relating to or connected with the Material and the Website Material;
  • marketing information relating to or connected with the Material and the Website Material; and
  • technical information, including trade secrets, drawings, plans, encryptions, codes and product descriptions and information relating to or connected with the Website.

You are granted the revocable, non-exclusive, non-assignable, non-transferable, limited right to use the Website and the Website Materials only in the manner set out in these Terms and Conditions. You may access and use the Website and Website Material only for your personal and non-commercial use. Nothing in these Terms and Conditions or on the Website will grant you ownership of the Website Materials (or any intellectual property rights in them).

No Website Material may be copied, reproduced, republished, modified, framed, uploaded to a third party, posted, transmitted (including, without limitation by broadcast), communicated or otherwise made available to the public, distributed, linked to or otherwise used except with the written consent of Company or as expressly provided by these Terms and Conditions. You must not use any so-called spider or similar automated software or device to use or access the Website or the Website Material in any way.

On the conditions that all Website Material is in the same form as presented on the Website and you keep intact all copyright and other proprietary notices, you may:

(a)     view the Website and its contents using a web browser

(b)     save a single electronic copy of the Website Material for your personal, non-commercial use

(c)     print out a single copy of the Website Material for your own personal, non-commercial use and

(d)     download one copy of the Website Material on a single computer for your personal, non-commercial use only.

You may not use or copy the Website Material other than as expressly provided by these Terms and Conditions and you may not:

(a)     transmit Website Material (whether by email or otherwise) to any third party

(b)     display the Website Material on any computer, system or network which permits electronic access to the Website Material by more than one user at a time

(c)     modify, merge, adapt or translate Website Material

(d)     reverse engineer, decompile the Website Material

(e)     create derivative works of the Website Material

(f)      use, sell, assign, rent, sub-licence or otherwise deal in the Website Material except as expressly permitted by these Terms and Conditions or

(g)     copy any Website Material onto any website operated by yourself or any third party.

The general restrictions listed here may be expressly excluded by Company by written provisions in the Website, from time to time, to allow for the use by you of certain Website Material in social media, for example, the creation of a hyperlink to the Website from Facebook.

Modification of the Website Materials or use of the Website Materials for any purpose other than those set out above is a violation of the intellectual property and/or other proprietary rights of the Company or its licensors.

Trade Marks

Unless otherwise stated, all trade marks or service marks, (registered, unregistered or pending registration) and trade names are proprietary to the Company, its affiliates or licensors. You must not use such trade marks, service marks or trade names except for:

(a)     printing out a single copy of the Website for your personal, non-commercial use or

(b)     otherwise with the written consent of the Company.
 

Your Responsibilities

You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms and Conditions.

It is your responsibility to ensure that your use of the Website complies with the Terms and Conditions and to seek prior written permission from the Company for any uses not expressly permitted.

The Company prohibits the use of the Website for any of the following:

(a)     transmitting or posting any message, information, data, text, software, images or other materials (User Material) that is libellous, defamatory, harassing, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or which otherwise in the Company’s opinion infringes the rights of Company or any other party or which the Company otherwise considers to be objectionable or to constitute or encourage a criminal offence, incite hatred in a person or group, violate the rights of any party, restrict or inhibit any other user from enjoying the Website, or otherwise to give rise to liability on the part of any other user of the Website or the Company or to violate any law

(b)     place on the Website or transmit to or through the Website any User Material which contains a computer virus, worm or any other computer code which may adversely affect the Website Materials, performance or functionality of the Website or any other website, software, system or equipment of the Company or any other person or entity

(c)     impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity

(d)     posting or transmitting any User Material that you do not have a right to reproduce, display or transmit or that infringes the rights of any person or entity

(e)     using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website

(f)      attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Website Materials or for the purpose of creating derivative works from the Website

(g)     in a way that uses any robot, spider, scraper, data mining tools, data gathering and extraction tools or other automated means to access the Website

(h)     to collect user’s information and harass them

(i)      in connection with the distribution of unsolicited commercial email (“spam”) or advertisements

(j)      without our approval distribute or otherwise publish any User Material containing any solicitation of funds, promotion, advertising or solicitation for goods or services.
 

Information Appearing on the Website

All information displayed on this Website is intended to provide general business and consumer understanding of the products or services offered by the Company as illustrated from time to time on this Website.  Such information has been provided by the Company for you to familiarise yourself with the products or services offered by the Company. Nothing on the Website purports to offer legal, business, tax or other professional advice. You should also use caution and seek professional advice before acting on any information found on the Website.

While the Company has taken due care in compiling the information on this Website, it has been prepared at least in part by third parties and therefore the Company makes no representations about the accuracy, reliability, completeness or timeliness of the information. The Company does not necessarily endorse or approve the recommendations, assumptions and conclusions that may appear on this Website from time to time.

Detailed information about the operation of the Company’s products or services may be obtained by contacting the Company directly. The information displayed on this Website should not be relied on as your sole source of information when considering purchasing the Company’s products or services and such information will not be binding on the Company.

Any and all use of the information on this Website is at your own risk and the Company relies on the limitation of liability provisions in these Terms and Conditions in connection with any reliance made by you on such information and other Website Material.

Any testimonials and examples within any marketing materials are not to be taken as a guarantee that you will achieve the same or similar results. Any financial representations referenced by us on the Website are illustrative of concepts only and should not be considered as promises for actual or future performance.
 

User Account

You may be permitted to login in order to access certain information on the Website.  You cannot use another persons User Account and must immediately Contact Us to notify us of unauthorised use of your User Account.

In creating and using a User Account (or otherwise submitting your details):

(a)     you must not use false or misleading information and must update your details should they change during the term;

(b)     you must follow any password policies made available on the Website from time to time (for User Accounts); and

(c)     you are solely responsible for maintaining the confidentiality of your login information and you are liable for all activities that happen under your User Account, even if you do not authorise such activities.
 

Disclaimer, Limitation of Liability and Indemnity

Disclaimer

Subject to the other terms of this clause, we provide our Website on an “as-is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. You acknowledge and agree that your use of the Website is at your own risk, and that you are solely responsible for how you use the Website.

To the extent permitted by law, the Company will not be liable in any way for any loss or damage suffered by you through your use of the Website (including the Website Materials and User Materials) or otherwise as a result of the Company providing the products or services available on the Website.

To the extent permitted by law, the Company makes no representation or warranty of any kind, either (express or implied):

(a)     as to the availability of any service described on the Website

(b)     that the functions contained in any Website Material or other Material will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of computer viruses, worms or any other computer code which may adversely affect the content, performance or functionality of the computers of users of the Website or any other website, software, system or equipment of such users or of any other party

(c)     that there will be no loss or corruption of any data you upload to the Website

(d)     of the suitability of the Website for any purpose

(e)     that the Website will provide any results (whether made known)

(f)      that you may access the Website or

(g)     that any information, apparatus, product, software or process used or disclosed on the Website or any Material accessible from the Website will be accurate, up to date, complete or useful.

The inclusion of any advertising or other information or third party material on any page of the Website which promote products or services to be supplied by a party other than the Company does not imply that the Company endorses or recommends any such party, product or service.

While all reasonable care has been taken in publishing and maintaining the Website, the Company and sponsors of any Material presented on the Website accept no liability or responsibility whatsoever for, or in respect of, any use of the Website or any reliance upon Material contained on the Website or any linked website. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Company will not be liable for any loss resulting from any action or decision by you in reliance on the Material or Content on the Website, nor any interruption, delay in operation or transmission of the Website.  You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Website.

You expressly acknowledge and agree that the Company does not exert control over all users of the Website and the Company is not liable either for their opinions or their behaviour, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.

You expressly acknowledge that the Company is not liable for any information or advice offered by any third party appearing or participating in a video, podcast or panel discussion on the Website.

The Company will maintain appropriate technical and organisational measures to protect the security of any User Materials. However, the Company does not guarantee that unauthorised third parties will never be able to defeat those measures to access the User Materials for improper purposes. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of privacy, confidential information and User Materials. Accordingly, any User Materials that are transmitted by you are transmitted solely your own risk. You are solely liable for your User Materials.
 

Limitation of Liability

Subject to the other terms of this clause, the Company excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Company that are not expressly set out in these terms and conditions to the maximum extent permitted by law.

To the extent permitted by law, the Company, its related bodies corporate and their officers, employees, contractors and agents will not be liable for any loss, claims, damages or costs (including legal costs and expenses on a full indemnity basis) arising out of or in connection with:

  • your use or inability to use the Website;
  • your reliance or acting, or failing to act, on any information contained on or referred to on the Website;
  • any unauthorised access on the Website; and
  • any loss or corruption of User Materials at any time,

including but not limited to all indirect, incidental, special and consequential damages (including loss of profits, loss of opportunity and loss of data) to any person even if such loss or damages were reasonably foreseeable.  

Subject to the other terms of this clause, the Company’s maximum aggregate liability to you in any 12-month period for any damages, losses, claims or anything else in connection with these terms and conditions, including any breach by the Company, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the lesser sum of AUD$10 and the amount paid by you, if any, for accessing this Website.

Nothing in these terms and conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of the ACL, or the exercise of a right conferred by such a provision, or any liability of the Company in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services, to the extent that the ACL applies to the Website.

If the Company is liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, the Company’s total liability to you for that failure is limited to, as determined by the Company in its absolute discretion:

(a)     in the case of goods, the replacement or repair of the goods or the supply of equivalent goods or the payment of the cost of repairing the goods or of supplying equivalent goods and

(b)     in the case of services, the supply of the service again or the payment of the cost of having those services supplied again.

For purposes of this section “ACL” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

Indemnity

You agree to indemnify and keep indemnified the Company from and against any costs, loss, liability, claim or damage which the Company incurs or suffers as a result of:

  • your use of the Website generally
  • the supply, suspension or restriction of your access to the Website
  • your violation of any applicable law
  • any claim made against the Company and/or you by a third party arising out of or in connection with these Terms and Conditions, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of these Terms and Conditions by you
  • any claim made against the Company for actual or alleged infringement of a third party’s rights arising out of or in connection with the User Materials
  • any default by you in respect of these Terms and Conditions or
  • of any act or omission by you in connection with your use of the Website, including without limitation the Website Material.

It is not necessary for the Company to incur expense or make payment before enforcing a right of indemnity under this clause.

The indemnities in this clause:

(a)     are continuing obligations of yours, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and

(b)     are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.

The Company’s liability under this indemnity is limited under the section titled Limitation of Liability.
 

Product Liability

Pricing and availability as set forth in the Website are subject to change without notice. The Website may contain references to products or services that are only available in Australia, New Zealand and Asia. The Website may contain references to future planned products. Such products are only planned and the Company gives no guarantee as to their availability.
 

Links to and from Third Party Websites

The Website contains links to websites which are not operated by the Company. Although the Company has set up such links with the authority of the operators of such sites, it has no control over and is not responsible for the Material on such sites. These links are provided for your convenience only and if you use a link to access third party Material you do so entirely at your own risk. The inclusion of links to third party websites and Material does not imply any endorsement of the Material or any association with their owners and operators. Accordingly, the Company explicitly disclaims any responsibility for the accuracy, Material, or availability of information found on such websites and you hereby irrevocably waive any claim against us with respect to such sites.

The Company encourages discretion when browsing the internet using its or anyone else’s service, as some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive.

The Company does not endorse any of the products or services offered on any website which is not operated by Company (including any website which is accessible through a link from the Website).

The Company does not make any representations or warranties as to the security of any information (including, without limitation, Personal Information (as defined in the Privacy Policy) which you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such third party websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any on-line or off-line transaction with any of these third parties.

If you contact a third party using functionality provided on the Website, including via e-mail, the Company accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party. The Company will not be a party to any contract or transaction entered into by you with any such third party, nor shall you involve us in any way in any dispute between you and such third party.
 

Termination

The right to access and use the Website granted by way of these Terms and Conditions is effective until terminated by either party. You may terminate such right under these Terms and Conditions at any time by destroying all Website Material obtained by you or held in your possession and all related documentation and all copies and installations thereof, whether made under the terms of these Terms and Conditions or otherwise. Your right to access and use the Website will terminate immediately without notice from the Company if in the Company’s sole opinion:

  • you fail to comply with any term or provision of these Terms and Conditions;
  • it is reasonably necessary for security, technical, copyright or operational reasons;
  • you violate the rights of any third party or the Company;
  • the Company reasonably believes that you are engaged in illegal or fraudulent use of the Services;
  • the Company reasonably believes that the User Materials are inappropriate or unlawful;
  • the Company reasonably believes that you are using the Website in a way that would cause loss or damage to or otherwise cause legal liability to the Company, other users, third parties or disrupt others' use of the Website.

Upon termination, you must destroy all Website Materials and third party User Materials obtained by you or held in your possession and all copies thereof, whether made under the terms of these Terms and Conditions or otherwise. All other provisions of these Terms and Conditions which in order to give effect to their meaning need to survive the termination of your right to access and use the Website (including without limitation all restrictions imposed on you, licenses granted by you and indemnities provided by you together with all disclaimers and limitations of liability in favour of the Company) will survive termination.
 

User Materials

You shall at all times retain ownership of the User Materials including the intellectual property rights subsisting in it.

You are solely responsible for the uploading of any User Materials. The Company may, in its absolute discretion, refuse to accept the upload of User Materials to the Website. You agree that the Company shall not be liable to you for any Loss or damage you may suffer as a result of this.

You hereby grant to the Company an irrevocable, worldwide, perpetual, transferable, non-exclusive license to use, communicate, display, copy, reproduce, store, distribute, publish, export, adapt, edit and translate the User Materials to the extent reasonably required for the performance of the Company’s obligations and the exercise of the Company’s rights under these Terms and Conditions, together with the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of the Company’s obligations and the exercise of the Company’s rights under these Terms and Conditions.

You also grant the Company an irrevocable, non-exclusive licence to use the User Materials as non-personally identifiable data in aggregated and blinded formats where the data provides no identifying, referencing or implication of an association with you, only for the purposes of display on the Website, improving the Website, bench marking, research and marketing analysis, surveys, reports and studies, to measure any metrics associated with your use of the Website. 

The Company warrants that:

(a)     it will only use the User Materials as set out in these Terms and Conditions and the Company’s Privacy Policy in place from time to time; and

(b)     it will not sell, rent or lease the User Materials to any third party.

You warrant to the Company that:

(a)     you own or have the necessary licenses to transmit such User Materials through the Website and that any User Materials provided will not infringe any third party rights (including intellectual property or confidentiality obligations) nor give rise to a liability to make royalty or other payments to a third party;

(b)     the User Materials will not:

          (i)     breach the provisions of any law, statute or regulation;

          (ii)    give rise to any cause of action against the Company,

          (iii)    in each case in any jurisdiction and under any applicable law.

You acknowledge that on termination we will delete any data that you have stored on the Website. It is solely your responsibility to backup any data before termination and we will not be liable for any Loss in this regard.
 

General

Agreement

These Terms and Conditions represent the entire binding agreement between you and the Company, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Company, the Website, and the information and contents on the Website.

Waiver of any Obligation or Right

No waiver of any obligation or right by the Company will be effective unless in writing and executed by the Company.

Validity

If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.

Governing Law

This site is controlled and operated by the Company from its offices within Australia. The Company does not represent that the Website Material is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

These Terms and Conditions will be governed and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any dispute concerning these Terms and Conditions. The Company reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce it rights under these Terms and Conditions.

Use of Personal Information

By providing your personal information to us you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy. You should carefully read the terms of the Privacy Policy, including the consent provisions found in section 4 of the Privacy Policy.

If you are providing personal information on behalf of someone else, you must comply with:

(a)     applicable privacy legislation (including the Privacy Act 1988 (Cth), including Australian Privacy Principles, and the guidance and codes of practice issued by the Office of the Australian Information Commissioner from time to time); and

(b)     the applicable policies and guidelines of the Company as made known from time to time.

You warrant and represent that such personal information that you provide on behalf of someone else complies with this clause at all times.

Use of Corporate Information

  1. By providing your company information you grant us a royalty free, worldwide licence to use your company name, logo (whether such is a registered trade mark or otherwise) and any other information contained on your company website, solely for the purposes of writing a description of your company to be included in our event marketing and reporting material. This information may be shared with the public at large, or our event sponsors.

  2. By completing your registration form you warrant that you have the authority to grant the licence referred to in the preceding clause.

 

 

FST Media Pty Ltd

ABN: 53 124 351 560

Australia:
Suite 1102, Level 11
275 Alfred St
North Sydney NSW 2060