Terms & Conditions

IMPORTANT: All Users Must read this section


Ownership
This website (Website) is owned and operated by Fobia Industries (A.B.N. 25 448 345 4
67(FI). A reference to "FI", "we" or "us" is a reference to Fobia Industries, its partners, employees and nominated agents.

 

Access and use
Your access to and use of the Website (regardless of whether or not your access or use is intended) is conditional on your acceptance and compliance with the terms, conditions, notices, guidelines and disclaimers contained in this document and elsewhere on the Website (Terms of Use).

 

Your access to and use of the Website constitutes your acknowledgment and agreement to the Terms of Use. FI reserves the right to amend the Terms of Use without notice to you at any time. Please read the Terms of Use carefully and save them. You agree to review the Terms of Use periodically to ensure you are aware of any changes.  Any questions or comments regarding, or problems with, the Website should be sent to the Website administrator immediately.

 

Your access to and use of the Website constitutes your acknowledgment and agreement to not:

 

  • use false, misleading or incognito names when registering or communicating on the Website;
  • access and use the Website for commercial purposes;
  • send or post junk mail to the Website or its users; and
  • post or forward confidential information, correspondence or Content from the Website to third parties without first obtaining the consent of TDU.


Information on the Website

This Website may contain testimonials by users of the Website. Such testimonials only represent the views, opinions and outcomes for that individual person and there are many factors peculiar to individual users which will affect their results. The statements made in these testimonials therefore may not be typical of what every individual will achieve through following the program.

 

Intellectual Property Rights

The copyright subsisting in all information, text, material, graphics, software, advertisements and other material on the Website(Content) is owned by either FI, its suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Website.

 

You must not use, copy, modify, transmit, store, publish or distribute the material on this Website, or create any other material using material on this Website, or distribute the Content in any way except as expressly authorised in writing by FI. The use of materials from the Website on any other website or networked computer environment is similarly prohibited. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of FI or the owner of the copyright subsisting in the Content or which is prohibited by the Terms of Use.

 

FI makes no warranties or representations that material on other websites to which the Content is linked does not infringe the intellectual property rights of any person anywhere in the world. All rights not expressly granted in the Terms of Use are reserved.

 

Content
The Content is intended to provide a general guide and framework for the ordering and supply of screenprinted and promotional merchandise. The Content is limited and is not intended nor should it be relied upon as a substitute for using or accessing other sources regarding the subject matter covered by the Content.

Privacy Statement

This Website is operated in accordance with the FI Privacy Statement, a copy of which can be accessed by clicking on the 'Privacy Statement' link set out in the main menu on this Website. Your access to and use of the Website constitutes your acknowledgement and agreement to the FI Privacy Statement.

 

Links to other Web sites

This Website contains links to websites owned and operated by third parties ("Third Party Websites"). These linked websites are not under the control of FI, and FI is not responsible for the contents of any linked website or any hypertext reference link contained in a linked website.  FI:

 

  • provides the links to the Third Party Websites as a convenience to you and the existence of a link to the Third Party Websites does not imply any endorsement by FI of the linked Third Party Websites.
  • makes no warranties as to the accuracy of or efficiency of, and accepts no liability in relation to, material contained on Third Party Websites.

 

You link to any such website entirely at your own risk. When visiting other websites you should refer to each such website’s individual terms of use and not rely on this agreement.

 

Advertising and third party offers

The Website also contains third party advertisements (including banner ads) which contain embedded hypertext reference links or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hypertext reference links) are not recommendations or endorsements by FI or its  employees. You are referred to the relevant advertiser for all information regarding the advertiser and its goods or services. FI takes no responsibility for third party advertisements posted on the Website.

 

FI is not in any way responsible or liable for any failure in relation to:

 

  • the communication from you to that third party;
  • that third party’s failure to deliver the goods or services ordered;
  • the condition of the goods or services on delivery;
  • the payment of any goods or services tax (or similar tax) payable on the supply by that third party of the goods or services or the importation of the goods and services by you; and
  • any loss incurred by you through currency fluctuations when purchasing the goods or services from that third party

 

Disclaimer of liability and warranties
The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by FI of goods or services on the Website which cannot be excluded, restricted or modified.

Except where such liability cannot be excluded by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

 

To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. All Content is provided without warranties of any kind, either express or implied.

 

FI makes no warranties or representations:

 

  • regarding the quality, accuracy, merchantability or fitness for a particular purpose of any Content;
  • that the Content will not cause any damage;
  • the functions contained in any Content, or your access to the Website, will be reliable, uninterrupted or error-free;
  • any defects will be corrected; or
  • that the Website or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or error;
  • your access to, or the results of your access to, the Website (including any related or linked websites);
  • the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites; or
  • any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;


Assumptions and Acknowledgements by You

You assume and acknowledge that:

 

  • the entire cost of any necessary verification of any relevant Content which you wish to have verified is to be borne and paid by you;
  • you use the Website and rely on material contained in the Website at your own risk;
  • you will make your own inquiries before entering into any transaction on the basis of the Contents.

 

You acknowledge that FI is not liable for:

 

  • any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
  • the theft, destruction, damage or unauthorised access to your computer system or network

 

FI does not check the accuracy of the Contents and neither FI nor any other party providing material displayed on the Website is under any obligation to give notice of any corrections or amendments.

 

Under no circumstances (including but not limited to any act or omission on the part of FI) except as otherwise stipulated in these Terms of Use, will FI be liable for any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this Website or in respect of any failure or omission on our part to comply with our obligations as set out in these Terms of Use. You expressly acknowledge and agree that FI does not exert control over users of the Website and is not liable either for their opinions or their behaviour including any information or advice and any defamatory statements, or offensive or illegal conduct.

 

Indemnity

You agree to indemnify FI (its respective employees, officers and affiliates) against any loss or damage suffered, or costs incurred, by them in connection with your use of the Website or any breach by you of the Terms of Use or any other legal obligation.

 

Compliance with laws outside Australia

FI makes no representation that the Content or the Website complies with laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

 

Termination of access

Membership granted in this agreement shall terminate automatically without notice from FI if you fail to comply with the Terms of Use.

 

Additionally FI may terminate access to the free areas of this Website or your membership at any time without giving any explanation for justification for the termination of access, and FI has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the free areas of this Website.

 

Alteration to these Terms of Access

FI reserves the right to change these Terms of Use:

 

  • with or without further notice to you; and
  • without giving you any explanation or justification for such change.

 

Amendments will be effective immediately upon notification on this Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

 

Governing law
This agreement will be governed by and construed according to the laws of the State of Victoria, Australia without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts and tribunals of the State of Victoria.

Liability. FI accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond our reasonable control.


  • No Partnership/Assignment.
     Our relationship is not one of agency or partnership and you will not be deemed to be a partner, employee, fiduciary, agent or representative of TDU by your use of the site. You may not assign or transfer your rights to any third party.


Severability.
 The Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.


  • No Waiver.
     Failure to enforce the Terms of Use by FI shall not be deemed a subsequent waiver of that term or other terms.

  • Headings of No Effect
    . The headings in this agreement are used for convenience only and not for interpretation. 

The Fobia Story

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