Your use of and access to the website, products, mobile phone application, and services (collectively, the “Services”) of Feed4ward Pty Ltd (ACN 669 659 830) (“FEED4WARD”, “us”, “we”, “our”) is subject to your agreement to these terms. By using the Services, you accept these Terms (whether on your behalf or on behalf of another legal entity or organisation you represent).

1. About FEED4WARD

   • Welcome to FEED4WARD, the subscription based, information sharing platform with a goal of safeguarding service providers from the threats, financial or otherwise, of engaging in the provision of services for a consumer to the detriment of the provider, by virtue of the consumers’ misconduct.
   • FEED4WARD was borne from the frustration of dealing with frustrating clients who were either difficult to deal with, kept changing the scope of works without notice, or refused to pay. We thought to ourselves “if only someone had warned me about this client, I never would have taken on the job”. Even if you make money on these jobs, the disruption to your business (and your sanity) often makes it not worth your while.
   • FEED4WARD allows businesses who register to use the Services to post and view reviews on their customers. You can rate your customers using various metrics what will give valuable insight to other businesses about the customer so that an informed decision can be made as to whether or not to take on a job. TO be clear, not all reviews need to be negative and we encourage our users to leave positive reviews for customers who deserve it – after all, great customers should receive great service!

2. Acceptance of the Terms

   • Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Services, you warrant that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you must immediately cease usage of the Services.
   • FEED4WARD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FEED4WARD updates the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. We recommend you regularly check the Terms to ensure you remain happy to use the Services.
   • You accept to be bound by these terms and condition by remaining on the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the application in the user interface.

3. Subscriber Obligations

   • As a subscriber, you agree to comply with the following:
     1. you will use the Services only for purposes that are permitted by:
        • the Terms; and
        • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
     2. you will pay the subscription fee and ensure that your payment details remain accurate and up to date;
     3. you have the sole responsibility for protecting the confidentiality of your password and/or email address and/or account information generally. Use of your password by any other person may result in the immediate cancellation of the Services;
     4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify FEED4WARD of any unauthorised use of your password or email address or any breach of security of which you have become aware;
     5. your access and use of the Services is limited, non-transferable and allows for the sole use of the Services by you for the purposes specified in these Terms;
     6. you will not use the Services in connection with any commercial endeavours except those that are specifically endorsed or approved by FEED4WARD;
     7. you will not use the Services for any illegal and/or unauthorised use which includes collecting email addresses, phone numbers, and or addresses of users by electronic or other means for the purpose of sending unsolicited emails, making unsolicited phone calls or unauthorised framing of or linking to the Services;
     8. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Services without notice and may result in termination of your access to the Services. Appropriate legal action will be taken by FEED4WARD for any illegal or unauthorised use of the Application; and
     9. you acknowledge and agree that any automated use of the Services is prohibited.
   • You must:
     1. Provide true and accurate information about your organisation (or yourself as the sole representative of the organisation) in all instances in which this information is requested by the application;
     2. Maintain and promptly update your account information when necessary to keep it true and accurate at all times.
   • If you register on behalf of a company you warrant that you have the legal authority to bind the company to these terms and conditions.

4. Registration and payment

   • Users may register for a subscription to FEED4WARD, here. By registering to FEED4WARD, you warrant that
     1. you are of the age of capacity as per the applicable local law
     2. you represent a true and legitimate business for the purposes of the Services
     3. the information provided in the process of registration is true and accurate,
     4. you will not allow the unauthorised use of your account by a third party,
     5. you undertake to safeguard your account information,
     6. you are the cardholder of any debit or credit card provided to us for payment in accordance with the payment obligations below
     7. you will provide a current, valid and acceptable method of payment for the purposes of these terms and conditions in accordance with the payment obligations below.
   • All subscriptions are for a month-to-month recurring basis, to begin not on the date of confirmation of your registration, but on the date of first payment made for the use of the Services, subject to any promotional offers for which may excuse payment, or reduce the payment amount for the subscription term specified, subject to the discretion of FEED4WARD, unless and until you cancel your subscription, or it is terminated by us in accordance with these Terms.
   • Unless you notify us at least one day prior to the beginning of the next applicable month of subscription, you agree to being charged for that next months’ subscription fees for use of the Services and will not be entitled to a refund if payment is deducted by FEED4WARD.
   • FEED4WARD reserves the right to offer promotional subscriptions, with unique terms and conditions. You agree and consent to these terms and conditions being immediately in affect in relation to any promotional subscription offered, unless expressly specified otherwise in newly publicised terms and conditions for the promotional subscription in concern.
   • You authorise FEED4WARD to automatically charge and receive payments for the use of the Services during the course of your subscription, subject to any cancellations or terminations in accordance with these Terms.
   • If a payment fails, the system will automatically make a follow up attempt for receipt of payment 72 hours after the payment failure. If the second payment attempt fails, we reserve the right to terminate your subscription at our discretion, in accordance with these Terms, and to reactivate your subscription upon later payment to resume use of the Services
   • You agree and acknowledge that we may vary the subscription fee at any given time, provided sufficient notice has been given to all subscribers prior to the change in the fee taking effect.

5. Refund Policy

   FEED4WARD will not refund any of the monthly subscription fees whatsoever, unless in the event of the Services being inaccessible for more than three days in a subscription month. Any other refund issued by us remains at our sole and absolute discretion, on a case by case basis

6. Copyright and Intellectual Property

   • The Application, the Services and all of the related products of FEED4WARD are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by FEED4WARD or its contributors.
   • All trademarks, service marks and trade names are owned, registered and/or licensed by FEED4WARD, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a subscriber to the Services to:
     1. use the Services pursuant to the Terms;
     2. copy and store any application and material contained required to access and use the Services on your computer or telephone devices’ cache memory; and
     3. print pages appearing on the Services for your own personal and noncommercial use.
   • FEED4WARD does not grant you any other rights whatsoever in relation to the Services. All other rights are expressly reserved by FEED4WARD
   • FEED4WARD retains all rights, title and interest in and to and related to the Services. Nothing you do on or in relation to the Services will transfer to you any:
     1. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
     2. right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
     3. thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
   • You may not, without the prior written permission of FEED4WARD and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or any third-party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Services, which are freely available for re-use or are in the public domain.

7. Privacy

   • FEED4WARD takes your privacy seriously, as well as the privacy of the consumers reviewed. Any information provided through your use of the Application and/or Services are subject to FEED4WARD's Privacy Policy and the Privacy Act 1988 (Cth), and any other applicable privacy laws.
   • The primary purpose for our collection of information is to allows the application to provide for you the services promised. We also collect information for the purposes of:
     1. Providing you with updated and accurate data to allow for your business to make an informed decision about the provision of its services;
     2. To ensure the continued effectiveness of our application.
     3. For any other purposes consistent with or permitted by relevant privacy laws.
   • FEED4WARD is operated on Frankieone, a complete unified onboarding and fraud prevention platform trusted by the world’s top banks, fintech’s and financial institutions. Access to and use of the Services is provided by Frankieone. FEED4WARD does not accept any responsibility for the security or integrity of the Frankieone platform and holds no liability in respect of any function to be undertaken by Frankieone.

8. General Disclaimer

   • Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded
   • Subject to this clause, and to the extent permitted by law:
     1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
     2. FEED4WARD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
   • Use of the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of FEED4WARD make any express or implied representation or warranty about the Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
     1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
     2. the accuracy, suitability or currency of any information on the Services provided by subscribers, the Services, or anything related to products (including third party material and advertisements on the Services);
     3. costs incurred as a result of you using the Services; and
     4. the Services or operation in respect to links which are provided for your convenience.

9. Limitation of liability

   • FEED4WARD is merely a review and information sharing platform, we do not control or regulate what our subscribers do or say in their reviews or posts on the Services and are not responsible for any of the content shared therein (including language or statements that are unlawful, inappropriate, untrue, defamatory or any in other manner capable of being perceived, to any extent, as undesirable or objectionable).
   • There is no screening or review mechanisms for which any material will be subjected to prior to its publication. Information will be shared in real time and will immediately be made available for other users to view. However, FEED4WARD reserves the right, which it may or may not to exercise at its sole discretion, to edit, review, remove or enquire of, any material published on the platform.
   • You will be solely responsible for any material you choose to publish. No responsibility for the content published or the effects of such will be attributed to FEED4WARD by any user or individual adversely affected by the content.
   • FEED4WARD is not liable for the misuse of its Services by any subscriber or user.
   • FEED4WARD's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed a monthly subscription fee paid by you.
   • You expressly understand and agree that FEED4WARD, any of its current or future affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
   • By continuing to use the services, you agree to indemnify and hold FEED4WARD harmless for any loss suffered or may be suffered by FEED4WARD, or any suit, claim, or action taken by any person in relation to any comment or information you publish on or through the Services.

10. Competitors

    If you are in the business of providing similar products or services to the Services for the purpose of providing them to users for a commercial gain, whether they are business users or consumer users, then you are a competitor of FEED4WARD. Competitors are not permitted to use or access any information or content on our Services. If you breach this provision, FEED4WARD will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

11. Termination of Subscription

    • These Terms will continue to apply until subscription is terminated by either you or by FEED4WARD in the matter set out below.
    • If you wish to terminate your subscription, you may do so by:
      1. providing FEED4WARD with notice of your intention to terminate; and
      2. Closing your account for all of the Services, where FEED4WARD has made this option available to you; and
      3. Your notice must be provided via the appropriate link, which can be found on the Services. An automated email will be sent to the FEED4WARD team who will action the termination.
    • FEED4WARD may at any time, terminate your subscription to it if:
      1. you have breached any provision of the Terms or intend to breach any provision; or
      2. FEED4WARD is required to do so by law; or
      3. the provision of the Services to you by FEED4WARD is, in the opinion of FEED4WARD, no longer commercially viable.
    • Subject to local applicable laws, FEED4WARD reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts FEED4WARD's name or reputation or violates the rights of those of another party.

12. Indemnity

    • You agree to indemnify FEED4WARD, any of its affiliates, employees, agents, contributors, third party content providers and licensors at that time, from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content shared on or through the Services;
      2. any direct or indirect consequences of you accessing, using or transacting on the Services or attempts to do so; and/or
      3. any breach of the Terms.

13. Dispute Resolution

    • Compulsory:

      If a dispute arises out of or relates to the Terms, you may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

    • Notice:

      A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

    • Resolution:

      On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

      1. Within days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. If for any reason whatsoever, days after the date of the Notice, the Dispute has not been resolved, the Parties must request that an appropriate mediator be appointed by the Mediation Institute;
      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      4. The mediation will be held in Melbourne, Australia.
    • Confidential:

      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

    • Termination of Mediation:

      If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

    • The Services offered by FEED4WARD is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

15. Governing Law

    • The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

    • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having had the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

    • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.