FASSTA Terms and Conditions

Kurren Pty Ltd (ABN 96 641 544 934) - FASSTA Terms and Conditions

These general terms and conditions (accessible atwww.fassta.com/terms-and-conditions/) (“Terms and Conditions”) set out how Kurren Pty Ltd (ABN 96 641 544 934) (trading under the business name ‘FASSTA’ (“FASSTA”) provides a secure mechanism for customers to easily join the FASSTA website (accessible at www.fassta.com) (“Website”) and make payments to suppliers via the FASSTA technology and Website along with other intelligent payment solution technology products and services (“Services”). FASSTA is committed to providing quality Services and these Terms and Conditions outlines FASSTA’s general relationship with customers.

FASSTA has adopted the National Privacy Principles (“NPP’s”) contained in the Privacy Act 1988 (Cth) (“Privacy Act”). The NPP’s govern the way in which FASSTA collects, uses, discloses, stores, secures and disposes of information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not or recorded in a material form or not (“Personal Information”).

Our compliance with the Privacy Act and other privacy legislation is set out in our privacy policy which is accessible at all times from www.fassta.com/privacy-policy/ (“Privacy Policy”).

1. Agreement between you and FASSTA

  1. The FASSTA Services and the associated website at www.fassta.com (“Website”) are owned and operated by Kurren Pty Ltd (ABN 96 641 544 934) and you agree to be bound by the Terms and Conditions by using the Services or accessing the Website.
  2. A reference to “you” or “your” in these Terms and Conditions is a reference to any person accessing, reviewing or using the Services or Website.
  3. Except to the extent that these Terms and Conditions apply or as required by law, your use of the Services and Website and the receipt of any information from FASSTA does not create any legal relationship between you and FASSTA.

2. Use and Access of the Services and Website

  1. You may access the Services or Website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Services and Website will depend on factors out of FASSTA’s control and FASSTA does not take or share any responsibility for those factors including, but not limited to, the quality of your internet connection and the state of your hardware.
  2. FASSTA retains the right to collect information and investigate whether you are complying with clause 2.1 and may formally contact you and request that you modify your use of the Services or Website.

3. Your Obligations

  1. By accessing and using the Services and Website, you warrant and agree that you:
    • will only supply FASSTA with information that is complete and accurate;
    • will use the Services and Website for your own personal purposes and not for any purposes that are unlawful or may prejudice our reputation or interests of FASSTA;
    • are solely responsible for maintaining the confidentiality of your Services and/or Website account information and password, and for restricting access to your computer. You also accept full responsibility for all activities that occur under your Services and/or Website account or password;
    • are solely responsible for providing and maintaining an accurate and working e-mail address, delivery address and telephone number for your FASSTA Services and/or Website account. You also agree not to use a false email address or otherwise mislead FASSTA or other users regarding the origin of such content and FASSTA reserves the right to remove or edit such content at any time without prior notice;
    • will not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
    • will not hack into, change or otherwise knowingly transmitting a virus (including, but not limited to, a Trojan horse, worms, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, equipment, or site content associated with FASSTA’s Website) or otherwise damage the Services or the Website or any information contained within them;
    • will not interfere in any way with the servers or networks connected to the FASSTA Website, or violate any of the procedures, policies, or regulations of networks connected to the FASSTA Website;
    • will not use the Services or Website for any activity which is obscene, indecent, offensive, threatening, defamatory or otherwise objectionable to FASSTA or other users of the Services and/or Website or to impersonate any other person;
    • will refrain from tampering with, hindering the operation of or making unauthorised modifications to the Services or Website;
    • will refrain from uploading onto the Website any material, or use the Services in any way which infringes the intellectual property rights of FASSTA or any other person, is unlawful or violates any law, or in any way breaches any other term of these Terms and Conditions or FASSTA’s Privacy Policy; and
    • otherwise comply with all applicable laws and regulations relating to these Terms and Conditions.
  2. You agree to indemnify FASSTA and agree to keep FASSTA and our affiliates, licensors, content and service providers, participating publishers, authors, dealers, suppliers, employees and agents (“FASSTA Affiliates”) indemnified from and against all actions, claims, demands, notices, losses, damages, costs and expenses of any nature whatsoever suffered or incurred by FASSTA or the FASSTA Affiliates by reason of any breach of non-performance by you under these Terms and Conditions.
  3. You may not assign or transfer your rights under these Terms and Conditions to any other person without the prior written consent of FASSTA.

4. Technical Information and Security

  1. FASSTA will use all reasonable endeavours to secure the Services and Website, however the transmission of data over the internet is not always secure and, as such, FASSTA is not liable for any breaches of security that result from your use of the Services and Website and you use these entirely at your own risk.
  2. FASSTA does not warrant that functions provided by the Services or on the Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside FASSTA’s control. FASSTA reserves the right to remove or edit any material posted on the website at its sole discretion.
  3. Your ability to access the Services or Website depend on factors outside of FASSTA’s control and we do not take any responsibility or provide any warranties that the Services or Website will be accessible through all web browsers or that it will be accessible at all times.
  4. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy the particular requirements for the accuracy of data input and output.

5. Intellectual Property

  1. The FASSTA Services and Website contain intellectual property including trademarks, graphics, logos, text, software, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things. You should assume that intellectual property on the Services and Website is owned by FASSTA or third parties and, unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent from FASSTA and any other relevant copyright holders.
  2. Any images of persons or personalities contained on the FASSTA Website shall not be an indication of endorsement of any particular products or FASSTA’s Services unless specifically indicated.

6. Suspension or Termination of Access

  1. FASSTA reserves the right to suspend or terminate access to the Services or the Website without notice at their sole discretion if FASSTA believes that there has been a breach of these Terms and Conditions.
  2. In circumstances of breach under clause 6.1, FASSTA will use its best endeavours to notify you of the breach and ways in which it can be remedied.
  3. You may terminate your account for the Services or the Website at any time by giving us notice in writing via email to support@fassta.com.

7. Third Party Content

  1. The FASSTA Services and Website may contain links to third party services or websites. FASSTA is not responsible for the operation, security levels, content or any other aspect of any third party service or website.
  2. Links to third party services and websites are provided solely for your convenience and do not indicate FASSTA’s endorsement or affiliation of them or their products and services. FASSTA makes no representations or warranties and is not liable for the content or accuracy of any information contained in third party services and websites.
  3. Third party services and websites may be governed by their own terms and conditions and privacy policy, which will apply to your use and acquisition of products from these services and websites.
  4. By accessing the FASSTA website and using the FASSTA Services (specifically, the ‘FASSTA Invoice’ services), you agree to also be bound by Accounts Flow Pty Ltd’s (ACN 135 598 300) (“Accounts Flow”) terms and conditions accessible from https://www.accountsflow.com.au/terms (as amended from time to time). Accounts Flow (either directly or indirectly) provides add-ins for the purposes of the ‘FASSTA Invoice’ services and, in this context, all of the terms and conditions of Accounts Flow are to be read and applied in conjunction with these terms and conditions. To the extent that there is any inconsistency between these terms and conditions and Accounts Flow’s terms and conditions, then these terms and conditions will prevail to the extent of the inconsistency.

8. Fair Use Policy

  1. Each user of the Services and Website can only have one account and, if a user of the Services and/or Website is found to be using multiple accounts, then the user’s actions may be investigated and dealt with in accordance with clause 6. FASSTA may collect and investigate whether you are complying with this clause 8 and may formally contact you and request that you modify your use of the Services or the Website. 
  2. You must not resell or commercially exploit any promotional deals offered through the Services or on the Website.
  3. FASSTA retains the right to vary the terms of this clause 8 from time to time at its sole discretion.

9. Liability

  1. Except to the extent required by law, the contents of the Services and Website are provided without any express or implied representations or warranties. FASSTA excludes all implied conditions and warranties relating to the content of the Services and Website to the extent permitted by law. Where liability cannot be excluded, any liability incurred by FASSTA is in relation to the use of the Services and Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).
  2. You agree that FASSTA and its directors, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any direct or indirect loss, or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of the Services or the Website or any other third party linked services or website.
  3. Under no circumstances will FASSTA be liable for any direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including but not limited to damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Services or Website.
  4. FASSTA are not responsible to you or anyone else for any loss suffered in connection with the use of the Services or Website, any of their contents, for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses.
  5. You indemnify and agree to keep FASSTA indemnified against any loss or damage or costs incurred by FASSTA in connection with your breach of these terms or of any other legal obligation by you or your use of or conduct on the Services or Website.

10. Complaints and Enquiries

  1. If you have any queries or complaints about FASSTA’s Terms and Conditions, please contact us at:
Name:Kurren Pty Ltd (ABN 96 641 544 934)
Address:PO Box 1003, Subiaco, WA 6904
Telephone: 0408 005 624
Email: support@fassta.com
Website: www.fassta.com

11. General

  1. These Terms and Conditions are in addition to, and not in derogation of, any other terms or conditions that appear elsewhere via the Services or on the Website and must be interpreted accordingly.
  2. These Terms and Conditions may be varied from time to time at FASSTA’s sole discretion without notice to you. Please ensure that you review these terms regularly as you will be deemed to have accepted a variation if you continue to use the Services and/or Website after a variation to these Terms and Conditions have been posted at www.payongloblal.com.au/terms-conditions.
  3. If any part of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of these Terms and Conditions shall continue in full force and effect.
  4. No waiver of any breach of these Terms and Conditions will be construed as a waiver of any other breach of these Terms and Conditions.
  5. Notices may be given to you at the last known address or e-mail address provided to FASSTA. Notices to FASSTA can be delivered via email to support@fassta.com.
  6. Information provided via the services and on the Website is for Australian residents only. 
  7. The Terms and Conditions are governed by and construed in accordance with the laws of the State of Western Australia and any claim made by either party against the other which in any way arises out of the Terms and Conditions will be heard in Western Australia and you agree to submit to the jurisdiction of those courts.

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