Terms and Conditions
This Web site is provided to you by FormBinder, a property of Mobiusly Pty Ltd (ABN 99 134 460 183). Access to and use of this Web site and the services available at this Web site are subject to the following terms and conditions ("Terms of Service") as set forth in this notice. By accessing or using this Web site or downloading materials from this Web site, you agree to be legally bound by the terms and conditions set forth below without any modification. Please, review them carefully.
If you do not agree to the Terms of Service or any part thereof, do not use this Web site. Any violation of the terms below may result in immediate termination of your right to use this Web site and the account(s) you may have created.
Your Account
In order to open an account with this Web site, you must agree to the Terms of Service and provide a valid email address along with other information requested during the registration process. As a registered user of this Web site, you agree to keep this information up to date. All forms, reports, charts and files you create is your sole responsibility. FormBinder shall not be made liable for any content you create. Any personal information you provide shall be subject to the Privacy Policy.
You may not permit the secured pages of this Web site to be used by or for the benefit of unauthorised third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use this Web site. As a registered user, you also agree to not (i) modify or copy this Web site and (ii) reverse engineer or otherwise access this Web site to build a competitive or similar product.
Best Viewing Practices
This site makes extensive use of dynamic HTML and Javascript. It is designed to display properly in Microsoft Internet Explorer 6 (PC), Firefox 2 (Mac, PC, and Linux) and Safari 3 (Mac, PC) or newer. As a registered user, you are required to use a supported browser. We further recommend upgrading to the most recent browser of choice for optimal site viewing and performance.
Intellectual Property
All material provided on this Web site, other than the forms, reports, charts and files you create is protected under Australian copyright laws and international copyright laws and treaty provisions. FormBinder does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.
Electronic Information Submitted to this Web Site
Any communication or material other than your personal information, form details, entries, reports, charts and files submitted to this Web site is the exclusive property of FormBinder and is considered to be non-confidential and non-proprietary. Such communication may include without limitation questions, comments, suggestions and ideas. FormBinder shall be free to use them for any purpose whatsoever without restriction or compensation.
FormBinder assumes no responsibility for or is otherwise legally responsible for remarks posted upon this Web site by third parties, including individual users, even if those remarks are defamatory. FormBinder will not censor these opinions nor will it investigate the remarks for accuracy unless requested to do so and even then at our discretion.
However, in certain situations, outlined below, FormBinder will remove forms in their entirety including entries, reports, charts and files if:
- FormBinder is presented with a valid court order from a court of competent jurisdiction ordering the removal of the form or its related materials;
- FormBinder is presented with a settlement agreement, resolving a dispute between the user and any third party(ies) complaining about the form, mandating that the form or its related materials be removed;
- The form contains material which is deemed slanderous, libelous, defamatory, harmful, threatening, racist or otherwise illegal;
- The form contains vulgar, profane, or obscene language;
- The form contains adult material, including but not limited to, graphic images, written images, or links thereto;
- The form contains personal identifying information about another user of this Web site;
- The form was posted by a user who submitted false contact information during the registration process
If you believe that a user has posted material which meets one of the above conditions or has otherwise violated the Terms of Service oulined here, please contact us and bring the offense to our immediate attention.
Payment, Refunds, Upgrading and Downgrading
All pay plans require a valid credit card. Billing occurs monthly and is based on the schedule outlined on our pricing page. Payments are (i) for use of the Web site one month in advance and (ii) non-refundable without exception including no refunds, credits or concessions for partial months, upgrade/downgrade of plans and early cancellations.
All pay plans include an unconditional 30-day free trial. If you do not cancel your account before the end of the trial, you will be billed every 30 days starting from the end of your trial. An upgrade from the free account to any pay plan constitutes an immediate end of the free trial and you will be billed upon upgrading. Upgrading/Downgrading from a pay plan to another pay plan will result in a charge at the new rate to your credit card only from the next billing cycle onwards.
All currencies quoted are in USD unless stated otherwise. All fees quoted are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsible for the payment of all such taxes, levies or duties, excluding Australian federal taxes for which we are liable.
Disclaimer
THE INFORMATION IN THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FORMBINDER SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEB SITE.
FormBinder is constantly improving its products and services and reserves the right to make such improvements or changes to this Web site, the materials, products, services or prices posted in this Web site without prior notice as it deems necessary.
As a convenience to you, FormBinder may provide links to Web sites operated by others. FormBinder makes no representations about Web sites accessed from this Web site which are not maintained, controlled or created by FormBinder and does not endorse any linked Web sites or the information appearing thereon. Links do not imply that FormBinder is affiliated with or associated with such linked Web sites, their owners or operators, or any related companies.
Indemnity
You agree to indemnify, hold harmless, and defend FormBinder, it subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), and its officers, directors, employees, agents, insurers, and representatives of any of them from any and all claims, demands, actions, causes of action, suits, sums of money, judgments, controversies, and liabilities whatsoever, at law or in equity, arising from or in any way resulting from your use of this Web site.
No agency
You and FormBinder are independent contractors, and no agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship shall be deemed to exist, or is intended to exist by this agreement.
Dispute resolution
You agree that in the event a dispute arises concerning your use of this Web site, or any other program or service offered by FormBinder, that such dispute shall be resolved via an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of Australia. Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. You agree that all arbitration proceedings will be conducted at Sydney, Australia. You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in Sydney, Australia.
Choice of law
You agree that any dispute arising under this Agreement shall be governed by the laws of the state of New South Wales, Australia.
Violation
Should you violate these Terms of Service, FormBinder reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on this Web site.
No guarantee of continuous use
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be stopped due to factors outside our control.
Survival
In the event one part of this agreement is found to be invalid, the other provisions shall remain valid and enforceable.
Agreement
FormBinder reserves the right to change the Terms of Service without notice. In such an event, the changes will be posted here. All changes once posted are effective immediately. Your use of this Web site signifies your agreement to be bound by the terms of this agreement.
If you have any questions related to this Terms of Service, please email us at formbinder@mobiusly.com
Last Updated On 1 May 2009