Terms & Conditions

Learn More About FUMZUP™ Terms Of Website Usage

Welcome to FUMZUP.com.au (Website). This Website is owned and operated by 3FUMZUP Pty Ltd, (ACN 124 235 043) (FUMZUP™, we, us) acting as trustee for 3FUMZUP Unit Trust (ABN 27 741 162 944).

These Terms and Conditions together with any additional Terms, Conditions, Notices and Disclaimers contained on the Website (Terms) govern your use of and access to the Website. Your continued use of the Website constitutes your acknowledgement and agreement to abide by and be bound by these Terms.

We reserve the right to make changes to the Terms from time to time in our sole discretion and without notice to you. Please periodically review these Terms. By continuing to visit and use the Website after we make any such changes, you accept the Terms as modified.

 

General

3FUMZUP Pty Ltd is a privately owned company, which helps consumers to shortlist product choices across a number of different industry categories before progressing with an enquiry or sale online.

3FUMZUP™ is independent of, and not affiliated with, any institutions (financial or other) referred to on this Website. The information on the FUMZUP™ Website is provided as a general information service only and should not be relied upon as a substitute for financial or other professional advice. None of the information on the FUMZUP™ Website takes into account the individual financial circumstances, investment objectives or investment needs of users of FUMZUP’s services. Anyone viewing the FUMZUP™ Website must therefore assess whether it is appropriate, in the light of his or her own individual circumstances, to act upon the information provided. FUMZUP™ recommends that you obtain investment advice or other financial advice before making any investment or transactional decision based on the information provided on the FUMZUP™ Website.

FUMZUP™ will not be liable for any loss resulting from any action or decision by you in reliance on the Material or Content on the Website. FUMZUP™ gives no warranties in relation to the statements and information contained in the ratings and commentary displayed on its Website, and disclaims all liability to the fullest extent possible arising from any persons acting on any information provided on the Website. FUMZUP™ assumes no obligation or responsibility to provide updates on any published data, statement or report. FUMZUP’s research is current as at the date of collection of the data by the data provider; some product features may have changed since that time. FUMZUP’s users should confirm current product details with the relevant vendor, and make their own assessment of whether the product suits their individual needs before making a purchasing decision. A Product Disclosure Statement relating to the product should also be obtained from relevant product vendor and considered before any decision about whether to acquire the product.

FUMZUP™ does not assume or accept any responsibility for, and shall not be liable for the accuracy of, any information contained on the FUMZUP™ Website. While we have made every effort to ensure that information is free from error, FUMZUP™ does not warrant the accuracy, adequacy or completeness of Material on this Website. Information on products provided by us and our Website may not include all products that are available in the market.  All information is subject to change without notice. 

The FUMZUP™ Website may contain links to other Websites operated by third parties ("Third Party Websites"). FUMZUP™ does not endorse, or approve of the operators of Third Party Websites, or the information, graphics and Material on those Third Party Websites ("Third Party Material"). 

FUMZUP™ does not guarantee that the FUMZUP™ Website or Third Party Websites will be free from viruses, or that access to the FUMZUP™ Website or Third Party Websites will be uninterrupted. You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Website.

Subject to any applicable law which cannot be excluded, FUMZUP™ makes no warranties or representations:

• Regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
• That Third Party Material does not infringe the intellectual property rights of any person. FUMZUP™ is not authorising the reproduction of Third Party Material by linking Material on this Website to Third Party Material.

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. In so far as such offers and statements are made on the FUMZUP™ Website, such offers and statements are made by FUMZUP™ on behalf of the operator. FUMZUP™ expressly disclaims acting in any other respect on behalf of Third Party Website operators.

FUMZUP™ may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of FUMZUP™ Website users linking to the Third Party Website from the FUMZUP™ Website. Third-party advertising and referral banners and buttons containing hyperlinks may also be paid for by the relevant third-party advertisers but do not represent recommendations or endorsements by FUMZUP™ or its respective directors, affiliates or employees. The user is referred to the relevant third party for all relevant information, including complete information on that entity’s investment adviser or dealer licensing status and license number.

 

Intellectual Property Rights

FUMZUP™ is the owner of all right, title and interest (including present and future copyright) in the Website.

All Material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, data, and all products, services, processes and technologies described on the Website (‘Material’) are owned exclusively by FUMZUP™, its related bodies corporate or others who have licensed their Material to FUMZUP™ (unless expressly indicated otherwise).  Certain Third Party copyright Materials will be included on the Website from time-to-time. 

You are granted a limited, non-exclusive and revocable licence to use or download the Materials contained in this Website solely for your non-commercial and personal use. You acquire no proprietary interest in the Materials.

If you are an Internet service provider you may supply the Materials contained in this Website to your subscriber. Any other use of any of the Materials is prohibited without the prior written permission of FUMZUP™ including without limitation the reproduction (for any purposes other than those noted above), modification, adaptation, transmission or communication of the Materials.

“FUMZUP”, “MYFUMZUP” and “FREEFUMZUP” are trademarks of 3FUMZUP Pty Limited. All other trademarks, registered trademarks, product names, logos and company names mentioned on this Website are the property of their respective owners. Reference on the FUMZUP™ Website to any products, services or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FUMZUP™, and does not constitute or imply endorsement, sponsorship or recommendation of FUMZUP™ by the respective trademark owner. The trademarks and service marks illustrated on the Website owned by FUMZUP™ or certain third parties must not be used in any way without the prior written permission of FUMZUP™ or the third party owner of the trademark, as applicable. 

Requests for permission to use the Website other than as set out above may be sent to info@fumzup.com.au.

 

Your Use Of The Website

When using the Website you agree that you will not take any of the following actions:

• Violate the intellectual property rights of a third party
• Distribute, transmit or communicate to the public the Website or Materials in any form
• Decompile, reverse engineer or disassemble the Website
• Affect the way the Website displays its pages, such as by framing the Website or placing pop-up windows over its page
• Remove or obscure the copyright notice or any other Notices contained in the Website or anything retrieved or downloaded from the Website
• Use any automated means to access the Website or collect any information from the Website
• Customise the Website in a way that adversely affects the display of any advertising or promotional links on the Website
• Modify or create variant versions of the Website's logos
• Conduct illegal activity under any Federal or State laws of Australia
• Use any device, software or routine that interferes with or attempts to interfere with the proper functionality of the Website

 

Posting Content

We encourage you to actively participate in discussion groups and forum conducted on the Website, however, you may not attempt or do any of the following:

• Transmit or post any message, information, data, text, software or images, or other Material (‘Content’) that is unlawful, profane, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another's right of privacy
• Post Content that contains advertisements or paid links, blatant promotion, affiliate marketing, any form of link spam, or attempts to generate donations of any kind
• Impersonate any person or identity
• Include contact or personal information (e.g. name, address, e-mail etc) about another individual without their permission
• Provide any financial advice, or advice of any kind in relation to a financial product
• Publish the same review more than once
• Publish similar or slightly modified reviews (in ideas, phrasing etc)
• Manipulate Material or Content in such a way that increases the word count (i.e. repeated words)
• Post Content which is not original work in which you own the copyright or which in any way violates or infringes (or could reasonably be expected to be) the copyright, registered trade mark or intellectual property rights of another person or that you do not have a right to make available under any law or contractual obligation
• Which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive
• Harvest or collect any email addresses from this Website for the purpose of sending unsolicited emails or spam

FUMZUP™ does not review the Content of all advertisements, bulletin boards, blogs, comments, discussion groups or forums posted or conducted on the Website.

FUMZUP™ does not endorse or guarantee the accuracy, integrity or quality of any Material or Content, regardless of the author or source of the posting.

By posting any Content to the Website, you grant FUMZUP™ a non-exclusive, non-revocable, royalty free, perpetual and worldwide licence to reproduce and use any Content you submit for all purposes, by all means and in all media.  You hereby waive and consent not to assert your moral rights in the Content regardless of the use made of the Content by FUMZUP™. You also warrant that the holder of any intellectual property rights in the Content, including moral rights in such Content, has completely and effectively waived or consented to the use of such rights and irrevocably granted to you the right to grant to FUMZUP™ the rights and licence stated above. Subject to the foregoing, the owner of such Content placed on the Website retains any and all rights that may exist in such Content.

For non-compliance with any of the actions outlined above your Content may be removed. FUMZUP™ reserves the right (but assumes no obligation) to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:

• Change, suspend, or discontinue all or any part of our Website
• Reject, move, or remove any Content that you submit to the Website
• Reject, move, or remove any Material or Content that is available on the Website
• Terminate your access to or use of the Website

By posting Content on the Website you agree to the following:

• You are entering into a communication with us and we can contact you via email and other commercial electronic ménages in relation to the Content or with information that we believe will be directly relevant and of interest to you. You have the option to opt out of this service at any time upon notice by contacting us at postmaster@fumzup.com.au

Similarly, if you have chosen to receive e-mail updates and newsletters, these can be cancelled at any time by contacting us at postmaster@fumzup.com.au

Indemnity

You agree to indemnify, defend and hold harmless FUMZUP™, its related bodies corporate and their officers, employees, contractors and agents from and against all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from any failure on your part to comply with these Terms.

 

Disclaimer Of Liability

To the full extent permitted by law, FUMZUP™, its related bodies corporate and their  officers, employees, contractors and agents will not be liable for any loss, claims, damages or costs (including legal costs and expenses on a full indemnity basis) arising out of or in connection with your use or inability to use the Website including but not limited to all indirect, incidental, special and consequential damages or loss of profits or opportunity to any person even if such loss or damages were reasonably foreseeable. If this provision in unenforceable in whole or in part in any jurisdiction due to relevant laws then in no event will the liability of FUMZUP™ to you for any damages, losses, claims or anything else exceed the lesser sum of AUD$1 and the amount paid by you, if any, for accessing this Website.

Without limitation to the foregoing and to the full extent permitted by law, FUMZUP’s liability, if any, for any breach of a condition or warranty implied by the Trade Practices Act or similar state and territory legislation in Australia which cannot be excluded is limited to any one or more of the following as determined by FUMZUP™ in its absolute discretion:

In the case of goods:

• The replacement or repair of the goods or the supply of equivalent goods; or
• The payment of the cost of repairing the goods or of supplying equivalent goods; and

In the case of services:

• The supply of the service again; or
• The payment of the cost of having those services supplied again.

In the event that any part of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other part of these Terms, which shall remain in full force and effect and shall be construed as if the invalid or unenforceable part were not part of these Terms.

No waiver of any obligation or right by FUMZUP™ shall be effective unless in writing and executed by FUMZUP™. No waiver of any breach of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.

Expressions used in these Terms that are defined in the Copyright Act 1968 (Cath) have the meanings attributed to them in that Act unless the context indicates otherwise.

These are the current Terms of Use. They replace any other Terms of use for the FUMZUP™ Website published on the FUMZUP™ Website to date. FUMZUP™ may at any time vary the Terms of Use by publishing the varied Terms of Use on the FUMZUP™ Website. You accept that by doing this, FUMZUP™ has provided you with sufficient notice of the variation.

FUMZUP™ reserves any rights not expressly granted in these Terms of Use. Your use of this Website indicates your agreement to be bound by the Terms of Use.

These Terms of Use (and the agreement constituted by your use of the information, graphics and Materials on the FUMZUP™ Website) and your access to the FUMZUP™ Website may be terminated at any time by FUMZUP™ without notice. All restrictions, licences granted by you and all Disclaimers and limitations of liability by FUMZUP™ will survive termination, however, you will no longer be authorised to access the FUMZUP™ Website.