The FastAs website (“Site”) and associated services (collectively, "FastAs" or "the Service") are operated by FastAs Pty Ltd and its corporate affiliates (collectively, "us", "we" or "the Company"). Use of the Site, and information distributed in conjunction with the Site including without limitation all FastAs newsletter services, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on the Site. Your use of the Site or of any content presented in any and all areas of the Site indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on the Site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our any services, or the Site.
FastAs shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on the Site. We suggest you print a copy of each of this document for your records.
You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Site following changes to these Terms of Use shall constitute your acceptance of all such changes.
Disclaimer
The Site is provided for informational purposes only and is not intended to provide professional or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever unless specifically permitted by us under a prior formal agreement.
Unless otherwise indicated on the Site, you may display, download, archive, and print a single copy of any information on the Site, or otherwise distributed from FastAs, provided it is done pursuant to the User Conduct and Obligations set forth herein.
FastAs is not responsible for the conduct of any user of the Site or services including without limitation what a user may may post, transmit, or share through the Site. FastAs is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site. However, FastAs reserves the right at its sole discretion and without liability to you to modify or remove any material which FastAs deems to be offensive, inaccurate, misleading, or in any way injurious to the normal operation of the Site.
The performance of the Site and all information contained on, downloaded or accessed from the Site are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose. As a visitor to the Site you acknowledge and agree that any reliance on or use by you of any information available on the Site shall be entirely at your own risk. In no event shall FastAs nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of the Site, even if FastAs or such provider has been advised of the possibility of such damages.
FastAs shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using the Site.
FastAs reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of the Site or any information contained thereon without liability or notice to you.
The Site is optimised for Internet Explorer Version 7 from Microsoft. As far as practicable FastAs endeavors to allow use the Site through other browsers and/or browser versions but accurate operation of the Site and its facilities cannot be guaranteed.
Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, FastAs shall not be liable for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
Subscription Terms
By creating a listing (collectively, “subscription” or “listing”) on FastAs you acknowledge and agree:
1. You may not set up a FastAs Listing on behalf of another individual or entity unless you are authorized to do so.
2. To provide accurate, current and complete information about you as may be prompted by any registration forms on the website;
3. To maintain the security of your password;
4. To maintain and promptly update the information you provide in order to keep it accurate, current and complete;
5. To be fully responsible for all use of your subscription and for any actions that take place using your subscription; and
6. To receive occasional contact from FastAs (generally via email) in relation to website administration.
7. To pay a non-refundable subscription fee, as follows:
· Basic Personal Listing – free of charge.
· Premium Personal Listing – AUD$5.00 per annum.
· Missing Person Listing - AUD$5.00 per month.
· Business Listing - AUD$25.00 per annum.
· Subordinate Business Listing - AUD$5.00 per annum.
· Subordinate Personal Listing - AUD$5.00 per annum.
8. To automatic renewal of your subscription upon reaching its expiry date according to the payment method you have specified.
9. That if the subscription fee is not received in full by us when due your listing will continue to be displayed in the FastAs directory but information and functions will be reduced to that applicable to a Basic Personal Listing.
10. That you must edit the content of your listing at least once every three years in order for the listing to be deemed to be current.
11. That we may immediately and without notice remove your listing if we deem you to have contravened these Terms of Use.
FastAs Contact Services
Charges for FastAs Contact Services (collectively "FastMAIL", "FastSMS", "FastFAX", "FastPOST" and "FastGRAM") are variable and will be calculated at time of use. Such charges do not include your carrier's normal charges so messaging, data and other rates and fees will still apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Contact Services, you agree that we may communicate with you regarding FastAs and other entities and that certain information about your usage of the Contact Services may be communicated to us.
By using the FastAs Contact Services you acknowledge that messages are sent at your own risk and that you accept full responsibility for the content of such messages. FastAs undertakes only to use its best endeavours and does not guarantee successful, timely or complete message delivery. You also acknowledge that messages sent through the FastAs Contact Services are directed to addresses provided by Subscribers and that FastAs cannot be held responsible for the accuracy or fitness for purpose of such addresses. You further acknowledge that FastAs Contact Services co-providers may be located in countries other than that of message recipients and that delivery times will reflect these circumstances.
For clarification, FastGRAMs are international cablegrams that are routed to the destination country's local telegraph office (or a ship at sea) and are generally delivered within 24 hours of dispatch. Local delivery is carried out according to the standards and regulations of the destination country, and may include postal delivery.
FastAs, at its sole discretion, reserves the right to refuse or withdraw use of the Services if it has grounds to believe that the Services are being used for illegal purposes or in any manner judged by FastAs to be injurious to its successful and reputable operation.
User Conduct and Obligations
The Site provides access to a database owned by FastAs Pty Ltd. It is presented as a reference source of contact information and is solely for use by those who agree to comply with these Terms of Use. Any other use of the Site or its contents is strictly prohibited, including without limitation, modification, republication, deletion, transmission, distribution, proxy caching, reselling, uploading, posting, reproduction, redistribution or any other dissemination.
The use of the FastAs database and search tools to establish independent data files or compendiums of information is strictly prohibited. You may not use data obtained from the FastAs database and search tools for solicitations, commercial or otherwise. You may not use any data obtained from the FastAs database as part of a commercial product, service or content offering without the prior formal permission of the Company.
Access to this the Site’s search tools or data by way of meta search tools or any web the Site or tool is not permitted. Other websites may only link to the home page of the Site directly without the use of frames or any other means that prevents the full and unencumbered access to the Site. Any data or information acquired by way of access masking, deleting or failing to present the terms and acceptance elements of this the Site will be considered to be misappropriated. The use of automated means, including spiders, robots, crawlers or the like to download data from the FastAs database is prohibited.
You may not attempt to circumvent or gain access to the database other than through normal use of the search tools provided. You may not decompile, reverse engineer or otherwise misuse the software or tools available on the Site to access the data stored on this the Site.
Indemnification by User
You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of the Site or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
Trademarks
FastAs and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company. Trademarks and trade dress of the Company may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Limitation on Liability
In no event will the Company or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site or the Service, even if the company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to company for the Service during the term of paid subscription, but in no case will the company's liability to you exceed $1000. You acknowledge that if no fees are paid to the Company for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Company, regardless of the cause of action.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Third Party Websites, Content and Products and Services
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by FastAs of (i) the organizations that operate such the websites; (ii) the content, privacy policies or other Terms of Use on such websites; or (iii) such third party products and services. FastAs has no control or responsibility over the websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
Proprietary Rights
The Site is protected by international copyright law. The content on the Site may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.
General
If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
Unless otherwise specifically indicated, all monetary amounts quoted on the Site are in Australian dollars.
You agree that these Terms, our Privacy Policy and other notices posted on the Site have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New South Wales and the laws of Australia applicable therein, without regard to conflict of law provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Sydney, New South Wales, Australia.
Contact
If you have any questions or concerns about the Site or these Terms of Use, please contact us using the details on our Contact Us page.
These Terms of Use were last modified on 1st June, 2009.
