banner-img

T&C and Legal Notices

The application under the name “Formee” and its related services, products, websites, tools and applications (“App”) is owned and operated by Formee Pty Ltd ACN 165 395 853 ("Formee").

 

Before using the App, you must read these terms and conditions (“Terms and Conditions”) and all other policies. All of our other policies are available on the App. By using the App you agree to be automatically bound by these Terms and Conditions and our privacy policy. Prior to using the App you must carefully read and understand these Terms and Conditions.  If you don’t agree to be bound by these Terms and Conditions, you must not use the App. These Terms and Conditions may be updated by us from time to time, and the updated Terms and Conditions will apply from the date they are published on the App. Each time you use our App you should revisit these Terms and Conditions. These Terms and Conditions are effective as of April 2018.  

 

1.Definitions & Interpretation

1.Definitions

In these Terms and Conditions unless inconsistent with the context or subject matter:

  1. “Account” means a User’s online account to use our Services;

  2. “Ad” means any post made of any kind by the User to list goods or services on the App;
  3. “Applicable Laws” means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you and any User you are interacting with are located or which in any way govern or affect an Ad or your use of the Services;
  4. “Content” includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise;
  5. “Information” means any information, Content, documents, links or attachments;
  6. "Intellectual Property" means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, including our Content, the App and any other platform developed by Formee and the source code for those systems and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms and Conditions;
  7. “Monthly Subscription” means the monthly subscription service as specified in clause 6.2;
  8. “Posting Policy” means the Posting Policy as accessible on the App as amended from time to time;
  9. “Privacy Policy” means the Privacy Policy as accessible on the App as amended from time to time;
  10. “our”, “us” and “we” means Formee;
  11. “Services” means any services we provide to you, including the App;
  12. “User” means any person who uses the App;
  13. “you” and “your” means a User.

     

2 .Interpretation

In these Terms and Conditions, unless inconsistent with the context or subject matter:

  1. a reference to a person includes any other legal entity and vice versa;
  2. words importing the singular number include the plural number and vice versa;
  3. a reference to a party includes the party's heirs, executors, successors and permitted assigns;
  4. headings are for reference purposes only;
  5. where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
  6. references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
  7. unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
  8. an obligation of two or more parties binds them jointly and each of them severally.

     

2. Your Account

  1. Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. Without limiting the foregoing, our Services are not available to persons under 18 years of age. If you do not qualify, please do not use our Services.

  2. To access and use the App, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.

  3. If we enable you to connect to the App with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your Information from that service as permitted by that service and as may be described in our Privacy Policy. Immediately contact us if you believe your Account has been compromised or misused in any way. If you connect to the App through a third-party service you acknowledge and agree that we are not liable for setting or resetting any passwords. Account protection and passwords are therefore the liability of the third-party service.

     

    1. Using Formee

      1. The App provides an online marketplace between Users.

      2. You are solely responsible for your Information, and we act as a passive conduit for the distribution and publication of your Information. 

      3. As a condition of your use of this App, you warrant that you will not use this App for any purpose other than the purpose it was created for, or for any purpose that is unlawful or prohibited by these Terms and Conditions.

      4. You may not use this App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of this App.

      5. Your use of the App and our Services, and your Information, must not:

        1. be false, inaccurate or misleading; 

        2. be fraudulent or deceptive;

        3. infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;

        4. violate any Applicable Laws (including those governing consumer protection, unfair competition, criminal law, anti discrimination or trade practices law);

        5. be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;

        6. be obscene;

        7. contain comments of a religious, political or social nature;

        8. contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of this App; 

        9. create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;

        10. damage the credibility or integrity of the App or Formee, or dilute, tarnish, or otherwise harm our brand in any way; 

        11. breach or violate any of our policies; 

        12. link directly or indirectly to or include anything that:

          1. you do not have a right to link to or include, or 

          2. could cause us to violate any Applicable Laws;

        13. copy, store or otherwise access or use any information contained on the App for purposes not expressly permitted by these Terms and Conditions;

        14. use the App for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the App, or in a manner that falsely implies Formee endorsement, partnership or otherwise misleads others as to your affiliation with Formee;

        15. use our App in connection with the distribution of unsolicited commercial email ("spam") or advertisements;

        16. "stalk" or harass any other User, or collect or store any personally identifiable information about any other User other than for the sole purpose of transacting through the App in compliance with these Terms and Conditions; or

        17. list any Ad that features anything you do not have or are not capable of, or authorised to, provide.

           

    2. User Obligations

      1. You acknowledge and agree that:

        1. you are not permitted to share contact information of any Users except with consent;

        2. any communications entered into with a User is at your own risk;

        3. we do not guarantee the completeness, accuracy, currency or reliability of the information provided by any User;

        4. Ads are solely the responsibility of Users and Information contained in the Ad as well as negotiating, offering, contracting, making payment for goods or services as listed in the Ad is to be direct with the User. We are not a party to any arrangements entered in by Users and as such we accept no responsibility;

        5. we assume no responsibility for a User’s compliance with Applicable Laws.

           

3. Posting of ADS

  1. The Posting Policy applies to the use of this App, and its terms are made a part of these Terms and Conditions by this reference.

  2. By posting an Ad to the App you acknowledge and agree to not violate the Posting Policy.

  3. We reserve the right to remove any Ads that fall outside the Posting Policy.

     

4. Information Pages

  1. Users may input their location or search for a particular area on the information pages on the App to view Information of entities and services in an area.

  2. For each entity or service listed on the information pages of the App Users may review the entity or service.

  3. Users acknowledge and agree that reviews must not contain:

    1. unlawful or objectionable content, including but not limited to, containing words, language or content that is or may be considered unlawful, defamatory, libellous, abusive, racially or sexually offensive or obscene;

    2. copyright text;

    3. harmful content including but not limited to viruses, worms, trojan horses or any other computer program or script that may damage or affect any system or data; and

    4. spamming or advertising.

  4. We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from the App without notice at our sole discretion.

  5. In the event that there is content of a review that is defamatory or in breach of any terms, a manual review of the content by us can be requested by a User. The manual review by us will be done at our discretion and will result in the content being either published, removed, or amended.

  6. You acknowledge and agree that we are in no way responsible or liable for the Information that is contained in the information pages and reviews and we do not make any representation or warranty, as to the accuracy or reliability of any information or content that is published in the information pages and the reviews.

     

5. Food Scanner

Users may input a product name and a barcode to search for a food product in Australian supermarkets.

  1. The food scanner on the App will provide Information about food ingredients and nutrition values.

  2. You acknowledge and agree that:

    1. we are in no way responsible or liable for the information that is contained in the food scanner and we do not make any representation or warranty, as to the accuracy or reliability of any information or content that is published in the food scanner;

    2. you authorise us to have access to your camera to enable us to provide the food scanner on the App.

    3. you must carefully read all information provided by the relevant product manufacturer online or on the original packaging and labels of the relevant product;

    4. information provided by the food scanner is not intended as a substitute for the advice provided by a qualified certification authority (for example whether the relevant product is in fact halal, kosher, vegan), scholar or licensed healthcare professionals. You must not rely upon the food scanner in making any health related decisions or determining a cure for any situation;

    5. We are in no way responsible for, and disclaim any liability for, any or loss suffered by you in connection with the information provided through the food scanner.

       

6. Fees and services

Using the App is generally free with limitation.

  1. You may purchase a Monthly Subscription to the App to enable you to post a specific number of Ads in specific categories. The benefits and duration of the Monthly Subscription will be as selected at the time of purchase on the App.

  2. In the event you choose to direct debit the Monthly Subscription over a period of time, you must provide us with current credit or debit card details and you irrevocably authorise us to debit the then stated fee for the period of the Monthly Subscription as stated on the App. User’s may also choose to make payment by PayPal or another payment gateway nominated by us.  

  3. We may from time to time offer you additional features such as boosting Ads to help promote your Ad.

  4. We reserve the right, in our sole discretion, to charge you a fee for any Services, and to modify or terminate any fees, Services, or charges on the App at any time and without prior notice. If we charge a fee for any Service (such as for Ad boosting, featured Ads and premium Ads), the fee payable by you for that Service is the then current fee stated on the App at the time the Service is purchased. The time for payment of a fee will be as stated on the App from time to time.

  5. You authorize us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address and payment or payout methods (e.g. credit card, debit card, PayPal, or direct deposit).

  6. All fees must be paid through the payment gateway nominated by us (e.g. Paypal). In the event we offer split payment features, we will use the methods and processes defined by the relevant payment gateway.

  7. Unless otherwise stated on the App, fees payable by you are exclusive of any goods and services tax, value added tax or similar tax and such taxes must be paid by you to us at the same time as payment of our fees.

  8. Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card). You agree to pay such payment fees us at the same time as paying our fees.

  9. Please note that we may impose or deduct foreign currency processing costs on or from any payments or payouts made in currencies other than Australian dollars.

  10. Unfortunately, given the nature of the Services, to the extent permitted by law any fees paid to us are non-refundable under any circumstances. We are also not responsible for any refunds which a User is required to give to another User. Despite this, we may in our discretion provide for a complementary refund system to facilitate refunds to occur, however this system is used at your own risk and we accept no responsibility in this regard.

     

7. Non-Circumvention

  1. You acknowledge and agree that you will not attempt to delete and repost any Ads in an attempt to boost the Ads, except where they expire. You are strictly prohibited from directly or indirectly attempting to circumvent payment of our fees in any way.

     

8. Access and Termination

  1. We reserve the right, in our sole discretion, to terminate your access to this App or any part of it at any time, without notice.

     

9. Intellectual Property Rights

  1. Our Intellectual Property is protected by copyright and other proprietary rights and remains the property of Formee at all times. 

  2. When you give us content you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property right to that content, in any media. You also waive all moral rights you have in the content to the fullest extent permitted by law.

  3. Subject to your compliance with these Terms and Conditions, we grant you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the App on each mobile device or computer that you own or control and run such copy of the App solely for your own personal use.

  4. You agree that:

    1. you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the App) any Formee Intellectual Property except with our prior written permission or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our App;

    2. you must not attempt to disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the App;

    3. Formee owns all Intellectual Property of the App and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;

    4. if you add any Information to the App of any nature whatsoever that Information is personally attributable to you and you warrant that you have the right to distribute that Information;

    5. you acknowledge that when you provide us with Information, we may receive additional related data, such as the time, date and place you provided the Information;

    6. We are not liable or responsible for any Loss that you may experience in submitting Information to us or for our use of your Information in accordance with the licence granted.

  5. We may in our sole and absolute discretion refuse or remove any Information from the App.

     

10. Third Party Services

  1. We may list or provide you with third party services on the App.

  2. You acknowledge and agree that by utilising any third party services through our App (such as PayPal) you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party.

  3. In the event we provide linking services with third parties, you authorise us to undertake to provide details as necessary to that third party.

     

11. Disclaimer

  1. You acknowledge and agree that your use of this App is at your own risk. You agree not to hold us responsible for anything other Users post or do. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this App (including Ads) for any purpose, to the maximum extent permitted by applicable law, anything contained in this App is without warranty of any kind.

  2. We do not take any steps to confirm the identity of Users. Because User authentication on the internet is difficult, particularly in cases of fraudulent or misleading conduct, we cannot and do not confirm nor warrant or guarantee as to each User’s purported identity, licences or location.  We encourage you to use the App as a platform to conduct your own enquiries to vet other Users to your satisfaction. 

  3. You acknowledge and agree that no information provided by us constitutes legal or financial advice, particularly in respect of your obligations to comply with any Applicable Laws.

  4. You acknowledge and agree that we are not engaged in the listing of Ads and that we are not a party to any arrangement arising or entered into between Users. As a result we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:

    1. any Ads;

    2. any Information provided by Users to each other; 

    3. the ability of Users to undertake their respective obligations; 

    4. the fees charged by Users.

  5. Because of the foregoing, in the event that you have a dispute with one or more Users, you release and hold us (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and Losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

  6. This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or your use of this App.

     

12. Limitation of Liability

  1. We disclaim liability to you or any other person or entity for any Loss howsoever arising as a result of your use of this App in any way, subject to the requirements of any Applicable Laws.

  2. You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms and Conditions.

  3. We will not be liable to you or any other person or entity for any Loss whatsoever arising as a result of your use of our Services. To the extent permitted by law, we are not liable for the posting of any Information on the App.

  4. The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.

  5. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, our liability to you for any failure is limited to us supplying the Services again or paying you the cost of having the Services supplied again, at our sole discretion.

  6. This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of our Services.

     

13. Indemnity

  1. You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, due to or arising out of your breach of these Terms and Conditions or any policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of the Services.

     

14. Security

  1. We take all reasonable steps, however we do not guarantee the security of the App, our records, or your Information. We disclaim all liability for any computer virus or technological problems that are beyond our control.

  2. Continuous accessibility to the App is dependent upon third party services and as a result, the App may be inaccessible from time to time. We cannot guarantee continuous or secure access to our App and to the extent permitted by law, we do not give any promises or warranties about the availability of our Services, or that the Services will be provided uninterrupted, delay-free or error-free.

     

15. Competitors

  1. If you are in the business of providing similar Services then you are a competitor of us. Competitors are not permitted to use or access the App. If you breach this provision, we will hold you fully responsible for any Loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

     

16. Privacy

  1. The Privacy Policy applies to the use of this App, and its terms are made a part of these Terms and Conditions by this reference.

  2. By using this App you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the App may be read or intercepted by others.

  3. You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods and services requested by you.

     

17. Miscellaneous

  1. Accessing information from the App is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.

  2. These Terms and Conditions are governed by the laws of Victoria, and the parties submit to the jurisdiction of the Courts of Victoria and relevant federal/Commonwealth courts competent to hear appears from them.

  3. These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

  4. If a clause of these Terms and Conditions are void or unenforceable it must be severed from these Terms and Conditions and the clauses that are not void or unenforceable shall be unaffected by the severance.

  5. You agree that these Terms and Conditions and all incorporated agreements may be assigned by us in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining our prior written consent.

  6. Our failure to enforce a provision of these Terms and Conditions or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorized representative of Formee.

  7. You agree that these Terms and Conditions may not be construed adversely against us solely because we prepared them. 

  8. These Terms and Conditions and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof. 

  9. Nothing in these Terms and Conditions or your use of the App establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between Formee and Users.