1. Introduction

These Terms and Conditions (Terms) govern your use and access to our websites (located at www.fusionfactory.com.au and related URLs) (Websites). By accessing and/or using our Websites and our services, including use of our contact form (collectively, the Services), you agree to be legally bound by these Terms.

By agreeing to these Terms, you are entering into an agreement with Fusion Factory Pty Ltd (ACN 132 360 840), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Fusion Factory or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.

By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

All of our terms and conditions and policies located on the Websites, including our Privacy Policy are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services. If you do not agree to these Terms, you must immediately cease accessing and using the Websites and Services.

2. Permissions

You agree that you are responsible for your access to our Websites and for ensuring that any persons that may access the Websites through your internet connection are aware of and compliant with, these Terms.

You consent to be contacted via the details you provide to us (including by phone and email) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy.

You warrant and represent to us that:
(a) your use of the Services will comply with all applicable laws and regulations in:
(i) Australia;
(ii) your state or country; and
(iii) the location that you access the Services and otherwise where applicable,

(b) you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others; and

(c) when you provide your details to us, such details are accurate.

3. Intellectual Property

All intellectual property, such as text, graphics, user interfaces, photographs, trade marks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services and Websites are owned by, or licensed to Fusion Factory, and are protected by copyright, patent and trade mark laws, and various other laws and intellectual property laws.

You may access and use the information provided by Fusion Factory on this Websites, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Fusion Factory.

Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Fusion Factory’ intellectual property rights, whether by estoppel, implication or otherwise. Fusion Factory reserves all rights not expressly granted in the Services.

4. Unauthorised access and malicious materials

You agree that you will not:
(a) attempt to, or actually gain, unauthorised access to our Websites, the server on which our Websites is stored, or any server, computer or database connected to our Websites;
(b) cause harm to our Websites or Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Websites, Services or other users of our Services;
(c) use or access the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user’s use of the Services; or
(d) embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation.

5. Third Parties

Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links to third parties on the Websites do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.

6. Termination

To the maximum extent permitted by law, we reserve the right, in our sole discretion, to terminate, suspend or restrict your access to the whole or part of the Websites and Services or revoke the license granted under clause 3, at any time, without notice.

7. Limitation of Liability

To the maximum extent permitted by law, neither Fusion Factory, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

(a) the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
(b) any use of the information on or access to Services including if for any reason our Websites is unavailable at any time or for any period;
(c) any errors in, or omissions from, the information contained on this Websites;
(d) any malicious or harmful programs, scripts or technologies that may affect our Websites as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you agree that you release us from any such liability;
(e) these Terms or any breach of these Terms; or
(f) termination of these Terms by Fusion Factory in accordance with clause 6.

You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

To the extent permitted by law, Fusion Factory expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.

This clause survives termination of these Terms.

8. Disclaimer of Warranty

Fusion Factory provides this Websites and its contents on an “as is” basis and use of this information is at your own risk. While we aim to update our Websites regularly, neither Fusion Factory, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Websites.
We reserve the right to restrict access to parts of our Websites or the entire Websites, change or withdraw any information or content featured on the Websites or provided through our Services without notice. You acknowledge and agree that we retain complete editorial control over our Websites and may alter, amend or cease the operation of the Websites at any time in our sole discretion.

9. Release and Indemnity

You agree to release and indemnify and hold Fusion Factory and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the Fusion Factory, your use or access of the Websites and Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
This clause survives termination of these Terms.

10. Amendments and correction of errors

Fusion Factory reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders places prior to the publication of any varied terms.
Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our Websites, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.

11. General

Waiver: Any failure or delay by Fusion Factory in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Fusion Factory from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.

Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Fusion Factory will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.

Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.

Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Fusion Factory and you or any other party unless expressly stated otherwise.

Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.

Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Services, comply with the laws (including intellectual property laws) of any country outside Australia. If you access this Websites from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

This clause survives termination of these Terms.