Terms and Conditions

WEBSITE TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

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Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Fun365’s relationship with you in relation to your use of this website.

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By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Fun365 and “You” and “Your” refers to you, the client, website user or person using our website.

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AMENDMENT OF TERMS

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We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Fun365’s rights and obligations to each other.

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LIMITATION OF LIABILITY

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It is an essential pre-condition to you using our website that you agree and accept that Fun365 is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

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It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

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TRADE PRACTICES ACT

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For the purposes of Sections 68 and 69 of the Trade Practices Act 1974 (Cth), Fun365’s liability for any breach of a term of this agreement is limited to: the supplying to you of the services again; or the payment of the costs of having the services supplied to you again.

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You must be over 18 years of age to use this website and to purchase any goods or services.

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LINKS TO OTHER WEBSITES

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Fun365 may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Fun365 and the owners of those websites. Fun365 takes no responsibility for any of the content found on the linked websites.

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Fun365′s website may contain information provided by third parties for which Fun365 accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

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DISCLAIMER

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To the fullest extent permitted by law, Fun365 absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.Fun365 gives no warranty that the documents will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

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Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

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It is your sole responsibility and not the responsibility of Fun365 to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website. It is your responsibility to do so.

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YOUR PRIVACY

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At Fun365, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Fun365 respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully.

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You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Fun365’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Fun365 collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

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THIRD PARTIES

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Fun365 does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

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DISCLOSE YOUR INFORMATION

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Fun365 may be required, in certain circumstances, to disclose information in good faith and where Fun365 is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Fun365, its customers or third parties.

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EXCLUSION OF COMPETITORS

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If you are in the business of creating documents for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Fun365. Fun365 expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Fun365 will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Fun365 reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

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COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

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This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that you may download from time to time on this website.

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Fun365 expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

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Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

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You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

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WHOLE AGREEMENT

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These terms and conditions represent the whole agreement between you and Fun365 concerning your use and access to Fun365’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

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EXCLUSION OF UNENFORCEABLE TERMS

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Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

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JURISDICTION

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This agreement and this website are subject to the laws of Vic and Australia. If there is a dispute between you andFun365 that results in litigation then you must submit to the jurisdiction of the courts of Vic.