TERMS AND CONDITIONS.
These terms are the basis on which The Fold Compliance Pty Ltd ABN 72 100 974 294 (“The Fold”) licenses you to use any Product you purchase from The Fold.
All intellectual property rights of any type in the Products are owned by The Fold. Provided you pay the applicable licence fees, The Fold licences you to use, adapt, customise and reproduce the Product for any purpose whatsoever in connection with your business.
You may not copy, disclose, modify, share, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Products for sale or supply to third parties for profit or otherwise.
The quoted Licence Fee and Update Service Fee for the following Products is for AFS licensees with up to 5 financial product advisers. An additional fee of 10% of the quoted price is payable for each adviser after the first 5.
If you have more than 5 financial product advisers, you must notify The Fold and pay the applicable additional Licence Fee or Update Service Fee.
The Update Service entitles you to receive all updates, modifications and alterations to the Products for which an Update Service is provided.
The Fold will, in its absolute discretion, determine the timing, scope and content of all updates, modifications and alterations to its Products, having regard to the extent and timing of legal, regulatory and policy changes.
The Fold reserves the right to modify the Products from time to time by changing, removing or adding information, features or data.
The Fold takes reasonable care when preparing, supplying and updating the Products. However the Products are only suitable for use for the purposes stated in the User Guide. No person should rely upon the Products in lieu of obtaining professional advice on their own situation or on any particular procedure, standard or template.
Except as required by law, The Fold makes no representations, and give no warranties, express or implied, as to:
LIMITATION OF LIABILITY
You acknowledge and agree that The Fold is under no liability to you or any third party in respect of any loss or damage, including consequential loss or damage, however caused, whether by negligence or otherwise which may be suffered or arise as a result of your use of the Products.
Nothing in these terms excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by the Competition and Consumer Act 2010 (as amended or replaced from time to time).
To the extent permitted by law, if The Fold breaches any implied statutory condition or warranty, its liability for that breach will be limited to its choice of the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products, or the payment of the cost of having the Products repaired.
You agree that The Fold may disclose your information about you to The Fold Legal Pty Ltd ABN 13 106 708 856 and that both companies may use that information to provide information about legal, regulatory and commercial issues that they believe may be of interest to you, including information about their products and services.
This Agreement is governed by the law of New South Wales.