Fillr Terms & Conditions
These terms and conditions apply to your use of the website at www.fillr.com (Website) operated by Pop Tech Pty Ltd (ABN 82 164 555 748) (we, us or our), and to the entire contents of the Website. Please read them carefully before using the Website.
By accessing any part of the Website, you will be deemed to have accepted these terms and conditions in full, and they will constitute a legally binding contract between us and you. Accordingly, if you do not agree with any part or all of these terms and conditions, do not use the Website.
We may change these terms and conditions at any time and without notice to you. You will be bound by these terms and conditions (as they may have been changed by us) as in force on each occasion you access the Website. Therefore, please remember to check these terms and conditions whenever you access the Website so that you can check whether any changes have been made to them since you last visited the Website.
You are granted a non-exclusive licence to use the Website subject to these terms and conditions. We may terminate this licence at any time and without notice to you.
3. Intellectual property
(a) All content included in or on the Website (including, but not limited to, text, design, graphics and code and any arrangement of those things) is owned by or licensed to us and is protected by copyright, trademark, and other laws in various countries. The trade marks displayed on the Website are owned by or licensed to us, or are otherwise properly used by us, and many of those trade marks are registered in a number of countries around the world. We do not grant you any express or implied right to use, reproduce, modify, create derivative works from, upload, transmit or distribute that content, any of those trade marks or any other intellectual property.
(b) You may only view, print and download extracts from the Website for your own personal use and not for commercial use. You do not have permission to copy, reproduce, republish, store in or on any public or private electronic retrieval system, up-load, post, communicate, transmit or distribute in any way any of the contents of the Website for public or commercial purposes without our prior written consent.
While we normally try to make the Website available 24 hours a day, we are not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond our control.
5. Your material and conduct
(b) You are prohibited from posting or transmitting to or from the Website any material:
(i) that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance to, or inconvenience for, us or any other person;
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(c) You may not misuse the Website (including, without limitation, by hacking).
(d) It is our policy to co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause 5.
6. Website links
(a) Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control, and are not responsible for, these websites or their content or availability. We therefore do not endorse or make any representations about them or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
(b) You may not create links to the Website without our prior written consent.
(a) The contents of the Website are intended to provide general information only and are not to be relied on by you, or for any particular purpose.
(b) While we try to ensure that the information on the Website is correct, we do not warrant the accuracy, currency, completeness or usefulness of that information.
8. Exclusion and limitation of our liability
(a) We exclude all warranties and guarantees in connection with the Website and your use of it. For the avoidance of doubt, this exclusion includes an exclusion of:
(i) all conditions and warranties implied by custom, the general law or statute, and for loss or damage suffered by you in connection with:
(A) the use, inability to use or the results of use of the Website or any websites linked to the Website or the material on such websites; or
(B) viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or any websites linked to the Website, or your downloading of any material from the Website or any websites linked to the Website; and
(ii) any indirect or consequential loss, however described, suffered or incurred by you or any other person in connection with any of the matters or circumstances described in clause 8(a)(i),
except for any warranties or guarantees, or any such liability, loss or damage, which may not be excluded by force of the Competition and Consumer Act 2010 (Cth) or similar legislative provision.
(b) Our liability under any guarantee, condition or warranty implied or stipulated by the Competition and Consumer Act 2010 (Cth) or similar legislative provision which may not be excluded but which may be limited in any of the following ways, is limited at our option to:
(i) in the case of goods supplied by us:
(A) the replacement of goods or the supply of equivalent goods;
(B) the repair of goods; or
(C) the refund of the price paid by you for goods; or
(ii) in the case of services supplied by us:
(A) the supply by us of the services again; or
(B) the refund of the price paid by you for the services.
9. Conflicts with other parts of Website
If there is any inconsistency or conflict between any of these terms and conditions and anything stated in any other part of the Website, unless expressly stated otherwise, these terms and conditions prevail to the extent of the inconsistency or conflict.
10. Governing law and jurisdiction
These terms and conditions are governed by the laws of Victoria, Australia. We and you submit to the exclusive jurisdiction of the courts exercising jurisdiction there.