In these Terms, ‘us’, ‘we’ and ‘our’ means Formblok. “you” means you the user of the Formblok platform.
Changes to Terms
We may from time to time and without notice to you, change or add to terms to use Formblok and the information described therein. Changes to these Terms will take effect as soon as they are published. We recommend that you regularly check these Terms to ensure that you have read our most recent Terms.
You must be a registered member to access and use Formblok.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
at least 18 years of age;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to use the platform in accordance with these Terms.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you. [We may also disclose your personal information to recipients that are located outside of Australia, including to AWS & Techne.
While we make all reasonable efforts to protect the integrity and security of Formblok and our website, you acknowledge that the integrity or security of your personal information may be compromised even where such security measures are adopted and implemented, or where there is a failure by third parties to protect the integrity and security of the personal information provided to them. To the extent permitted by law, we are not liable to you for any loss or damage suffered or incurred by you or any third party as a result of any breach of security which results in unauthorised access to your personal information.
Australian Consumer Law
The information on our platform is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our platform, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this platform. You should monitor any changes to the information contained on this platform.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this platform, website or a linked platform or website. You must take your own precautions to ensure that whatever you select for your use from our platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the platform (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the platform updated. We are not liable to you or anyone else if errors occur in the information on the platform or if that information is not up-to-date.
IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
Third Party Links
Our platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked platforms and have no control over or rights in those linked websites.
Content and Extent of Use
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this platform and in all of the material (including all text, graphics, logos, audio and software) made available on this platform (Content).
Your use of this platform and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this platform or the Content. However we do grant you a licence to access the platform and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this platform, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of Content for the purpose of viewing the Content for your own personal use.
This platform is for your personal, non-commercial use only. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this platform. You must not use this platform, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own platform.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our platform, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
using this platform to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this platform any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our platform, we have the right to take down this information at our sole discretion and without notice.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this platform or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this platform will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this platform, any Content, or any feature of this platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our platform and/or the information or materials contained on it, or as a result of the inaccessibility of this platform and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
If, at any time, any provision of this Agreement is, or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that will not affect or impair the legality, validity or enforceability in that jurisdiction, or any other jurisdiction, of any other provisions of these Terms.
Jurisdiction and governing law
Your use of the platform and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.