Terms of Use

About this website

This application operated by FUNDEXA CORPORATION PTY LTD ACN 605 836 673 ("FXA") under the domain name fundexa.net ("The App"). The App is operated on behalf of FXA and its related bodies corporate.

Your use of the information, graphics and materials on FundFinder ("Material on this web site") is governed by these Terms of Use and the Privacy and Security Statement.

In addition to the terms contained in this document, there are also specific terms which form part of the Terms of Use and govern your use of, and access to, certain sections of The APP. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the The App.

Use of The APP

  • Equipment: In order use The App you will need a mobile device (Apple iPhone, Apple Ipad, Android phone/tablet). You are responsible for providing all equipment required and also access to the Internet.
  • Download: You may download for free The APP from an approved digital application distribution platform such as Apple Inc iTunes Google Play. The free version of The APP restricts access to the “News” section only
  • Quality: FXA cannot guarantee that The App will always function without disruption, delay or errors. FXA takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
  • Your Obligations: Prior to your first search you will be asked to register and make a payment for an annual subscription. You will be asked to create an Account and choose a user ID and Password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the App through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. FXA takes no responsibility for your failure to comply with the obligations in this paragraph. You are not allowed to use The App that would in any way violate this Terms of Use.
  • No Reselling: The App is for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.

Payment

  • Subscription: Access to The App is free.
  • Links to other web sites

The App contains links to other web sites operated by third parties ("Third Party Web Sites"). FXA does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites ("Third Party Material").

Subject to any applicable law which cannot be excluded, FXA 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 Web Sites; or
  • that Third Party Material does not infringe the intellectual property rights of any person. FXA is not authorising the reproduction of Third Party Material by linking Material on this web site to Third Party Material.

When you follow a link on The App, material at a Third Party Web Site may be displayed in your browser framed by Material on this web site. This material is also Third Party Material for the purpose of these Terms of Use.

All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. In so far as such offers and statements are made on The App, FXA expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.

FXA may receive payments from operators of Third Party Web Sites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Web Site from The App.

Fundexa Corporation Product Information and Supply

Material on this web site may contain general information about FUNDEXA products and services.

Unless expressly stated otherwise, this information:

  • does not constitute an offer or inducement to enter into a legally binding contract; and
  • does not form part of the terms and conditions for FUNDEXA products and services.

For further information about a particular product or service please contact FUNDEXA directly (bill@fundexa.com).

Warranties

Information supplied by the Company for inclusion in The App is based on publicly available information, internally developed data and other sources. No independent verification of those sources has been undertaken.

While we have made every effort to ensure that information is free from error, FXA does not warrant the accuracy, adequacy or completeness of Material on this web site. All information is subject to change without notice. FXA recommends that you seek independent advice before acting upon Material on The App or Third Party Material. FXA does not guarantee that the The APP or Third Party Web Sites will be free from viruses, or that access to the The App or Third Party Web Sites will be uninterrupted.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, no member of FXA is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the The App or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Liability of any member of the FXA for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at FXA’s option, to:

  • the supply of the service again;
  • the repair of the service; or
  • the payment of the cost of having services supplied again or repaired.

Termination

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

Credit card safety

We do not store any card information on our servers. 

Fair use policy

Fund Finder subscriptions are for individual use only in accordance with our Terms of Use. The following is a non-exhaustive list of practices that would not be considered Legitimate Use:

  • Re-selling the data obtained through Fundfinder
  • Using the data obtained through Fundfinder for purposes such as (but not limited to) – spamming, telemarketing, email marketing
  • Sharing subscriptions between multiple users – Please contact bill@fundexa.com to express your interest in exploring group subscriptions.

Other practices may be relevant in determining Legitimate Use and FUNDEXA reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. FUNDEXA may at its option, may suspend your subscription immediately if it determines you are using your subscription contrary to this Terms of Use. Where reasonable, FUNDEXA will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, Skype may offer you an alternative subscription.

Jurisdiction

The law applicable to use of The App and to disputes arising out of use of The App is the law of the State of New South Wales, Australia

Copyrights and Trademarks

Copyright in The App is owned or licensed by the FXA.

Except where necessary for viewing the Material on The App on your mobile device, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on The App may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of FXA.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of The App indicates your acceptance of these Terms of Use and the Privacy and Security Statement.

These are the current Terms of Use. They replace any other terms of use for The App published on the The App to date. FXA may at any time vary the Terms of Use by publishing the varied Terms of Use on The App. You accept that by doing this, FXA has provided you with sufficient notice of the variation. FXA reserves any rights not expressly granted in these Terms of Use.