Friday, 1st March 2019
This Web Site, including all of its features and content (the "Web Site") is a service made available by Foolkit Pty. Ltd. ACN 121 592 658 ("Foolkit") and all content, information and software provided on and through this Web Site ("Content") may be used solely under the following terms and conditions ("Terms of Use"). Your use of this Web Site is subject to our Privacy Policy.
As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content for your personal use in accordance with these Terms of Use. Foolkit may terminate this license at any time for any reason.
Except as expressly provided in these Terms of Use, nothing in these Terms and Conditions shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The word Foolkit ® and the Foolkit Logo ® are registered trademarks. The Copyrights and proprietary interests in most of the Content that can be accessed through links on this web site and any legislation, regulations, rules or forms belong to parties other than Foolkit and Foolkit is unable to give you, and in no way purports to give you, any right to access or use that Content. It is your responsibility to observe the terms and conditions of use published on those Web sites and to note the terms of any disclaimers.
You are prohibited from storing, reproducing, transmitting, displaying, copying, printing or distributing any Content retrieved from the Web Site. You may not use the Web Site or Content retrieved from or through the Web Site in any fashion that infringes the copyrights or proprietary interests of anyone in it. You may not remove or obscure the copyright notice or other notices contained in Content retrieved from the Web Site. You may not decompile, reverse engineer, disassemble or create derivative works from this Web Site or the Content. Nor may you extract information about usage, individual identities or users.
Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on this Web Site or Content linked from this Web Site is at your own risk.
Foolkit does not represent or warrant that this Web Site or the Content or anything that it links to will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Foolkit does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Foolkit may make improvements and/or changes to its features, functionality or Content at any time.
Third party content may appear on this Web Site or may be accessible via links from this Web Site. Foolkit shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Foolkit.
Where third party content is included then it is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that content.
This web site is provided on an "as is, as available" basis. To the fullest extent permitted by law, Foolkit expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Foolkit does not warrant that the information used in any calculator or the calculation or result produced are correct.
To the fullest extent permitted by law, Foolkit disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this web site and the content, including but not limited to technical inaccuracies and typographical errors, (b) any third party web site or content therein directly or indirectly accessed through links in this web site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this web site or any portion thereof, (d) your use of this web site, or (e) your use of any equipment or software in connection with this web site.
Foolkit shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this web site and the interactive areas of this web site or any facts or opinions appearing on or through an interactive area. Foolkit shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, legal costs) in any way due to, resulting from, or arising in connection with the use of or inability to use this web site or the content. To the extent the foregoing limitation of liability is prohibited, Foolkit's sole obligation to you for damages shall be limited to $1.00.
You agree to indemnify, defend and hold harmless Foolkit, its officers, directors, employees, agents, licensors, suppliers from and against all losses, expenses, damages and costs, including reasonable legal costs, resulting from any breach of these Terms of Use by you.
The provisions of clauses entitled Disclaimer, Limitation of Liability and Indemnification are for the benefit of Foolkit and its officers, directors, employees, agents, licensors, suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
You may provide links to a page on this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the page, including its advertisements, the terms of use, the copyright notice, or other notices on this Site, (b) you give Foolkit notice of such link by sending an e-mail to and (c) you discontinue providing links to this Web Site if requested by Foolkit. If you wish to provide links to a section within this Web Site, you should forward your request to and you will be notified if permission is granted, and if so the terms and conditions of the permission.
By uploading content to or submitting any Content for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Foolkit a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such Content or incorporate such Content into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Foolkit for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Foolkit will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' Content or for the acts or omissions of advertisers and sponsors.
Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide Foolkit with accurate and complete registration information. You shall not misrepresent your identity or your affiliation with any person or entity. It is your responsibility to inform Foolkit of any changes to that information. You are responsible for preventing any unauthorised use of your registration and password details. If you believe there has been unauthorised use, you must notify Foolkit immediately.
If you participate in interactive areas on this Web Site (including creating or adapting any pages for your own use or links to any other web site or source of information), you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material ("Postings") which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law.
Foolkit has no obligation nor does it intend to edit, monitor or screen Postings and is not responsible for the content in such Postings or any content linked to from such Postings. Notwithstanding the foregoing Foolkit reserves the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms of Use and to remove any Content that may be objectionable or violate the Terms of Use.
Foolkit reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted Content, IP addresses and traffic information.
Foolkit reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Foolkit Web Site and their features.
These Terms and Conditions of Use and the Additional Terms shall be governed by and construed in accordance with the laws of the State of South Australia. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
