Terms of Use

  All rights reserved.


1.0 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS INTERNET SITE
These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use the Internet sites operated by a Future Corporation Pty. Ltd. (referred herein as “Future Corporation”) and of certain Future Corporation Affiliates, including this Internet site (“Internet site”).

 

1.1 TO AVOID DOUBT THE FOLLOWING WORDS, GROUPING OF WORDS OR PHRASES SHALL HAVE THE FOLLOWING MEANING:

 

“Account” and “Account Holder” means your unique registration with Future Corporation and its Affiliates within a Customer Portal to securely store and manage your details under the Terms and Conditions of Sale and Privacy Notice published on our website, and any software products you may have licensed with us.

 

“Affiliate” means any corporation, company, or other entity that directly or indirectly sells Future Corporation software licenses under Agreement between the parties.

 

“Authorised Dealer” means an individual or a business (incorporated or otherwise) that has been approved and authorised by Future Corporation under a separate agreement to carry (store or stock) the Software to promote, support and sell it to end-users.

 

“Credit-Card” means a payment device lawfully issued to the bearer by a Major credit card company including all debit cards, digital wallet, and any other payment method that is accepted by Future Corporation, its Affiliates.

 

“Customer Portal” means a private and secure gateway to a collection of services, access to and control over the information you provide to Future Corporation or its Affiliates, software downloads and other services accessible over the Internet through a web browser and/or the Software.

 

“Documentation” means any accompanying printed materials, Software License, and any other Agreement you may have with Future Corporation relating to the Software, and online (Future Corporation Internet sites); or its electronic equivalent.

 

“Future Corporation” means a Future Corporation Pty. Ltd. A.C.N. 078 538 022 of Unit 43, 328 Reserve Rd, Cheltenham VIC. 3192 Australia.

 

“Future Corporation and its Affiliates” means a collective group of parties including (i) Future Corporation and (ii) any third party referred to herein as an Affiliate (Authorised Dealer).

 

“Hardware Serial Number” means a unique number affixed to a device sold with OEM Software that may be used to identify that device and any rights to the Software.

 

“Internet” means the global computer network commonly referred to as the world wide web.

 

“License Management Regime” means the system employed by Future Corporation and the Software to manage the Software's Licensing on a computer.

 

“Online” means access to and/or interaction with the global computer network commonly referred to as the Internet or world wide web via a computer or other device whether it be unrestricted or otherwise.

 

“Operating System” means an interface between a computer user and computer hardware. An operating system is a software which performs all the basic tasks like file management, memory management, process management, handling input and output, and controlling peripheral devices such as disk drives and printers.

 

“Opt-Out” means an action of an Account Holder withdrawing their consent to receive any specific or all Communications from Future Corporation or from sending statistical data to Future Corporation.

 

“Possession or Control” means (i) the effective ownership or proprietorship of the Software License notwithstanding the legal ownership or proprietorship thereof, and/or (ii) the effective ownership or proprietorship of a computer or device notwithstanding the legal ownership or proprietorship thereof that has any prior or actual relationship with, or to, the Software.

 

“Product” means the version of the Software licensed by Future Corporation under the terms of this Agreement.

 

“Product Life” means the period from where a version of the Software is released for licensing to the public (the current version) and remains current up until such time as a subsequent or replacement version (Upgrade) is released for licensing to the public (see Upgrade below).

 

“Product Serial Number” or “PSN” means the unique and identifying number for each Future Corporation Software product which incorporates a PSN and does not relate to any Hardware product or item.

 

“Software” means (i) computer software (including its compiled code), and/or (ii) a computer program including plugins, snap-ins, modules and/or components (including their respective code), and (iii) any modified versions and copies of, and upgrades, updates and additions to the Software; and (iv) all of the information with which the Software License Agreement is provided, including but not limited to Future Corporation or third party software files and other computer information but does not include the physical: (i) media (including but not limited to discs and the hardware security device), (ii) written (printed) materials, (iii) packaging, and (iv) any other similar materials.

 

“Strong encryption” means a method of data encryption that is less susceptible to having its key discovered by a third party through what is commonly referred to as brute force attack, hacking or cracking.

 

“Subscription Software” means a payment method for a Software license on an indefinite monthly basis until cancelled (i) by the licensee, or (ii) for non-payment by the licensee.

 

“Software License Number” or “SLN” means the unique and identifying number for each Future Corporation Software product which incorporates a SLN and does not relate to any Hardware product or item.

 

“Subsidiary” means Affiliate for the purposes of this Agreement (see above).

 

“Supplier” means an individual, or a business, or a corporation which has and/or continues to provide Future Corporation with any goods, intellectual property and/or services to assist Future Corporation in designing, creating, producing, and delivering the Software.

 

“Technical support” means the identification and attempted remedy (successful or otherwise) of an error, bug or an unexpected circumstance pertaining or relating to the Software when used in accordance with the Software's documentation, the Operating System and directions from Future Corporation via email, user forums, knowledgebase, online ticketing, facsimile, telephone and/or by any other appropriate means, undertaken by an authorised Future Corporation representative; and does not mean (i) training, or (ii) the consulting or consultation of the applicability, suitability or otherwise of the Software, or any explanation of how to use the Software or any other Software or Hardware product, or (iii) how it is supposed to, or does function except to the extent to remedy a technical matter and does not include assistance, advice or support of any third party software, computer hardware, cutting or printing device, machine or any related equipment that (i) is not functioning correctly or as it ordinarily should, or (ii) is faulty, or (iii) is misconfigured, or (iv) is incapable of working with the Software, or (v) is subject to malware, a virus, a Trojan or otherwise malicious software or firmware.

 

“Use” means the opening and/or installation (loading) of the Software with an Operating System and its manipulation and/or exploitation on a computer or device by a user.

 

“User” means the individual or legal entity that is licensed to use the Software or has effective control of the Software, which is referred to herein as “you” and/or “your”.

 

“Valid Credit Card” means credit card for the purposes of this Agreement (see above).

 

“Validly Received Order” means an order to purchase a software license via an online cart or service where the information provided by the purchaser and the payment method used is accepted prima facie as genuine and subsequently processed and paid by a third party payment processor, including but not limited to: AliPay, American Express, Cirrus, Delta, Digital River, Diners Club, Discover Card, JCB, Maestro, MasterCard, PayPal, Stripe, Visa, Union Pay, WeChat, Wire Card.

 

“Written notice” means any method of delivering written advice to the recipient including but not limited to (i) email, (ii) facsimile, (iii) post, (iv) courier, or (v) hand delivery and if the written notice is delivered to the ordinary or registered address of the recipient it does not require third party or independent verification to effect legal notification.


2.0 USE OF SOFTWARE
The Software products and accompanying documentation that are made available to download from this Internet site are the copyrighted work of Future Corporation, its Affiliates and/or its
Suppliers, see our Copyright notice. Use of the Software is governed by the terms of the Software License Agreement, which accompanies or is included with such Software. You will not be able to download or install any Software that is accompanied by or includes a Software License Agreement unless you agree to the terms of such Software License Agreement. If you do not agree to these terms, you are not Authorised or permitted to use the Software or any related services from this Internet site.

3.0 USER AGREEMENT
BY USING THIS INTERNET SITE YOU REPRESENT YOU ARE NOT UNDER THE AGE OF 13 AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE INTERNET SITES.

Your use of this Internet site is contingent on this agreement, and if you do not agree, you must cease using this Internet site. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Internet site shall have the same force and effect as if you had actually signed an agreement embodying these terms. Future Corporation may change these Terms of Use at any time by posting changes on this page of the Internet site. It is your responsibility to review these Terms of Use prior to each use of the Internet site. By continuing to use the Internet site, you agree to any such changes.

 

In addition, you agree to be responsible for your Internet service provider fees, telecommunications and all other charges that may apply as a result of using this Internet site and the downloading of any associated materials thereof.

4.0 INTERNET SITE AND CONTENT

4.1 Internet Site Availability
We may change, suspend or discontinue availability of any aspect of the Internet site at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Internet site without notice or liability.

In addition, the Internet site contains links to other Internet sites, resources, and sponsors, partners, or advertisers on the Internet site. We are not responsible or in any way liable for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other Internet site to the site administrator or webmaster of such site.

4.2 Links/Advertisements/Search Engines
This Internet site may link to other sites operated by third parties which may include our partners. The inclusion of any link to such sites does not imply endorsement or recommendation by the Internet site, or by Future Corporation, its Affiliates, its Suppliers, or its Authorised Dealers of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages, or any other sites linked to the Internet site or their suitability or legality in Australia or your Country. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.

This Internet site may contain advertisements by third parties. Unless otherwise specifically stated on the Internet site, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that may appear on this Internet site.

Unless otherwise prohibited under these Terms of Use or under Linking & Permissions, you are permitted to create hyperlinks to the content on the Internet site (including deep linking to articles or pages within the Internet site), provided that (i) you acknowledge and agree to the guidelines, terms and conditions as set forth under Linking & Permissions; and (ii) the hyperlink text accurately describes the content as it appears on the Internet site; and (iii) no scraping or procurement of the content by any means (i.e. extracting content from the Internet site and reformatting it, aggregating it with other content or redistributing it other than in its complete originally displayed format); and (iv) under no circumstances may you “frame” this Internet site or any of its content or copy portions of the Internet site to a server, except as part of an Internet service provider’s incidental caching of pages; and (v) each page within the Internet site must be displayed in full (including all trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Internet site. We reserve the right at any time in our absolute discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not Authorised in these Terms of Use, you must get our prior written permission (see Contact Us below).

 

4.3 Currency

Unless expressly stated otherwise all prices, fees and charges listed in and throughout this Internet site is in United States Dollars ("USD"); and all foreign currency conversions are calculated at http://www.xe.com.

4.4 No Advice

The content on this Site is provided for general guidance and is not intended to be advice. You should seek professional advice and assistance before you take any commercial decisions or actions.


4.5 No Representations or Warranties
Future Corporation, its Affiliates, its Suppliers and/or its Authorised Dealers make no representations or warranties as to the validity, truthfulness, accuracy, or legality of any content on the Internet site, including without limitation any content submitted by any user (see Legal Terms below).

 

4.6 Errors and Omissions Excluded ("E&OE")

Any and all content including but not limited to: information, prices, links, forms and other materials (i) contained in; and (ii) forming part; and/or (iii) downloadable from this Internet site (collectively the "content") may change and although Future Corporation makes every effort to keep such content on this Internet site up to date and accurate, it may contain errors and/or have omissions and Future Corporation hereby disclaims any liability or responsibility to you, other or third party for such errors and/or omissions of such content of, or related to, this Internet site.

5.0 USER CREATED CONTENT

5.1 Submissions
You must be at least 13 years old to contribute content to this Internet site. By submitting any material (text, photos, lessons, videos or other content) to Future Corporation either through the Internet site or physical delivery, you agree to be bound by these Terms of Use, and to the terms of any Software License Agreement you have with Future Corporation or its Affiliates, its Suppliers or its Authorised Dealers. Such License terms are available through this Internet site, each Software program’s Internet site and on the disc or download that the Software was supplied with and may be updated at any time. It is your responsibility to review and understand these terms at the time of your submission.

Through your submission of any materials of any kind (whether text, photos, lessons, video or other content) and to the extent permitted by applicable law you grant to Future Corporation and its Affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively “Use”) the content submitted by you with no monetary or other compensation at any time. By making any submission and to the extent permitted by applicable law, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. Future Corporation has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content.

Nothing in these Terms of Use prohibits you from redistributing or selling your original content to other parties.

You are solely responsible for all content that you post, email, or otherwise make available through the Internet site. For all content provided by you, you agree to indemnify Future Corporation Media and its affiliates as provided in Legal Terms below.

5.2 Content Submission Rules and Restrictions
By submitting any content, you represent and warrant that: (i) you either own the content or have all necessary rights to use and submit it; and (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use or the terms of any third party license; and (iii) the content will not cause injury, embarrassment, loss or harm to any person or entity.

You agree not to submit any content in any forums, chats, emails or otherwise that:

  • is libellous, defamatory, obscene, pornographic, or otherwise illegal.

  • is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.).

  • abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc.

  • infringes any party’s intellectual property rights, including without limitation copyrights and trademarks.

  • impersonates another person or misquotes another person.

  • violates any applicable law, or violates any party’s rights; or,

  • offers or advertises any goods or services or solicits any funds or consideration.

In addition, you agree not to contact any Users of the Internet site (including through off-line communication) for the purpose of threatening, harassing, or abusing them due to their content submissions on this Internet site.

You are solely responsible for the content you submit. Future Corporation does not and cannot review every submission made and is not responsible for the content of any submissions. However, content that is deemed inappropriate or in violation of these Terms of Use, in Future Corporation’s absolute discretion, will be removed from public view. You may contact us if you disagree with any removal (see Contact Us below); however, all decisions regarding content and compliance with these Terms of Use will be determined by Future Corporation in its absolute discretion. If you disagree with these conditions, do not submit any content.

5.3 Identity and Privacy
You must use a consistent handle or account name for any submissions you make, and you may not submit content under another person’s name or by proxy. If you are an elected official, you must submit content identifying yourself as such when posting about a political issue. Sock puppets are not permitted (i.e., using a fake or alternate identity to post content for a deceptive purpose, such as without limitation, praising a person or company without disclosing an underlying affiliation with that person or company).

We reserve the right to include your real name on your internet postings if required through registration or otherwise provided to us, or when republishing your material in a printed edition of one of our publications.

Future Corporation does not warrant or claim to have verified the identity of any user. There may be users who participate under a false identity and Future Corporation shall not be held responsible or liable by you or any third party for any reliance placed upon or expected thereof the true identity of any user.

For information on our privacy policies regarding personal information gathered on the Internet site, please see our Privacy Policy link at the bottom of the page.

5.4 Face-to-Face (Live) Meetings
This Internet site may offer some social networking opportunities, including enabling users to create profiles that are designed to allow individuals to meet each other for any purpose. In addition, any posting to the Internet site will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the Internet site, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs, social media username, or email addresses publicly on the Internet site. If you do provide this information on the Internet site or to a third party who you met through the Internet site, it is at your sole risk and absolute liability. In addition, if you choose to submit content to the Internet site in an area that requires that your real identity be disclosed, you do so at your sole risk and liability.

6.0 INTERNET SITE REGISTRATION

6.1 Registration
Some areas of this Internet site may require registration in order to gain access or submit content. You may not create more than one account unless expressly permitted in the registration rules. If you create multiple accounts, you are prohibited from creating the appearance that multiple accounts controlled by you are in fact all different individuals.

6.2 Termination
You agree that in our sole judgment and at our absolute discretion that we or our agent may terminate your account at any time with or without cause.

Termination for cause may include, but is not limited to:

  • violations of these Terms of Use.

  • violations of other posted rules of conduct.

  • violations of law or intellectual property rights.

  • harassment or belittling conduct toward individuals, companies or other third parties.

  • an expression of your unwillingness to abide by these terms and conditions or other clearly posted site rules.

  • failure to abide by the instructions for guidelines of forum moderators, editors, or other Authorised members of the community to provide such moderation.

  • failure to provide real, verifiable information about your true identity where requested or instructed.

Termination of a user’s account may include any of the following actions:

(i) a complete deletion (non-recoverable) from all files, databases and any and all storage mechanism of the user’s files, uploads, content, and personally identifiable information. In such a case, neither Future Corporation nor its Affiliates, Suppliers and/or Authorised Dealers have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data; or,

(ii) user data, including without limitation submitted content, errant code or personal information, may also be hidden from public view, but not destroyed. In such a case, neither Future Corporation nor its Affiliates, Suppliers and/or Authorised Dealers are under any obligation to retrieve or restore such data.

Users who are terminated are prohibited from creating new accounts without prior written consent of Future Corporation. Users who are terminated for cause may apply for a new account after more than 30 days has passed, and Future Corporation will determine in its absolute discretion whether to reinstate. Users may also appeal account termination by writing to:

Webmaster
A Future Corporation Pty Ltd
ABN 55 078 538 002
GPO Box 3431

Melbourne VIC 3001
AUSTRALIA

When applying for a new account, or appealing a termination decision, please include print outs of all relevant data, emails, postings, including the domain name where the primary account was held and the date the account was terminated. Once your termination is under review, all subsequent communication will be through email, so please be sure to include a current and working email address with your correspondence. You acknowledge and agree that Future Corporation will make the final determination in its absolute discretion as to any terminated account, or reapplication for a new account after termination and that this represents your sole and exclusive remedy for any terminated account.

7.0 LEGAL TERMS

7.1 NO REPRESENTATIONS OR WARRANTIES AS TO INTERNET SITE
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, ALL CONTENT, INFORMATION, SERVICES AND SOFTWARE ON THIS INTERNET SITE IS PROVIDED BY FUTURE CORPORATION, OR ITS AFFILIATES ON AN “AS-IS” BASIS. FUTURE CORPORATION AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (I) OPERATION OF THIS INTERNET SITE (DATA OR SERVICES AND/OR ANY PRODUCTS OBTAINED FROM THE INTERNET SITE) WILL BE UNINTERRUPTED OR ERROR FREE; OR (II) THAT DEFECTS WILL BE CORRECTED, OR (III) THAT ANY FUTURE CORPORATION INTERNET SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (IV) DO NOT PROVIDE ANY WARRANTY AS TO THE USE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SUFFICIENCY OR ACCURACY OF ANY CONTENT, INFORMATION OR SERVICE (INCLUDING BUT NOT LIMITED TO TECHNICAL SUPPORT, CUSTOMER SERVICE, REGISTRATIONS, INTERNET FORMS, KNOWLEDGEBASE OR ANY USER FORUMS). FUTURE CORPORATION AND ITS AFFILIATES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE INTERNET SITE OR ANY OF THE SERVICES PROVIDED THEREFROM. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF USING THIS INTERNET SITE AND ANY AND ALL SERVICES THEREOF IS ASSUMED BY YOU. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES AS TO THE INTERNET SITE AND THE SERVICES PROVIDED THEREFROM BY FUTURE CORPORATION AND ITS AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, EQUITY, COURSE OF DEALING, USAGE, PRIOR ORAL OR WRITTEN STATEMENTS BY FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORISED DEALERS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, INTEGRATION, SECURITY, QUIET ENJOYMENT, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

7.2 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS OR ITS AUTHORISED DEALERS (OR THEIR DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR AGENTS), BE LIABLE TO YOU OR ANY OTHER PERSON, THIRD PARTY OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, LOSS OF PRODUCTION, LOSS OF DATA, LOSS OF GOODWILL OR CREDIT, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, OR WHICH CONSISTS OF A CLAIM FOR PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, ON ANY OTHER THEORY OF LAW, OR OTHERWISE, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, ANY FUTURE CORPORATION INTERNET SITE, OR INTERNET SERVICE (INCLUDING BUT NOT LIMITED TO TECHNICAL SUPPORT, CUSTOMER SERVICE, REGISTRATIONS, INTERNET FORMS, KNOWLEDGEBASE OR ANY USER FORUMS) OR CONTENT, OR (II) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A FUTURE CORPORATION INTERNET SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORISED DEALERS AND/OR A FUTURE CORPORATION REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR AUD$50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY FUTURE CORPORATION INTERNET SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS OR ITS AUTHORISED DEALERS (OR THEIR DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS), BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS OR ITS AUTHORISED DEALERS (OR THEIR DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR AGENTS) REASONABLE CONTROL.

FUTURE CORPORATION OR ITS AFFILIATES MAY TERMINATE YOUR FURTHER ACCESS TO FUTURE CORPORATION INTERNET SITES OR CHANGE THE FUTURE CORPORATION INTERNET SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU DO NOT ACCEPT THE FOREGOING LEGAL TERMS DO NOT USE THIS OR ANY FUTURE CORPORATION INTERNET SITE. INSTEAD CONTACT FUTURE CORPORATION (SEE CONTACT US BELOW).

7.3 Indemnity
You agree at your expense to indemnify and hold harmless, Future Corporation and its Affiliates and each of their respective partners, suppliers, Authorised dealers, licensors, officers, directors, shareholders, employees, representatives, contractors, subcontractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorney/solicitor fees and court costs) arising from or relating to any allegation regarding: (a) your use of the Internet site; (b) the Internet site’s or Future Corporation or its Affiliate’s use of any content or information you provide, as long as our use is not inconsistent with these Terms of Use; (c) information or material posted or transmitted through your registration account or User ID, even if not posted by you; and (d) any violation of these Terms of Use by you (collectively Claims).

Future Corporation reserves the right to select counsel and conduct the defence or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above.

7.4 Governing Law and Venue
The agreement regarding these Terms of Use has been made in and shall be construed and enforced in accordance with Victorian State, and only to the extent applicable Australian Commonwealth law, without regard to its principles of the “conflict of laws” or “private international law”. Any action to enforce this agreement shall be brought in the federal or state courts located in Melbourne in the state of Victoria in Australia, and you hereby waive any objections to such action. You acknowledge and agree that neither will Future Corporation, its Affiliates, and/or its Authorised Dealers, or will you, bring a legal action under these Terms of Use more than: (i) six (6) years after the cause of action in tort or breach of contract arose; or (ii) more than three (3) years after the cause of action for personal injury arose; or (iii) more than one (1) year after the cause of action for defamation arose as legislated in Victoria under the Limitation of Actions Act.

7.5 Severability
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect to give the maximum effect to the intent of the parties.

7.6 Waiver
No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

7.7 Copyright Violations
Users are prohibited from uploading, posting or otherwise transmitting on the Internet site any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Copyright Act. If you believe that any material on the Internet site infringes upon any copyright which you own or control, please notify us at 
legal@iifuture.com (Please direct all general questions to webmaster@iifuture.com).

8.0 CONTACT US

General Questions:
If you have any questions about these Terms of Use, please contact us in one of the following ways:
 
(i) Email us at: 
webmaster@iifuture.com

(ii) You can call us on: +613-9583-2331

(iii) Write to our Webmaster or Legal Department at:

A Future Corporation Pty Ltd
GPO Box 3431
Melbourne, VIC 3001
AUSTRALIA

Last revised October 2022.

 


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