Welcome to FSH Tech Solutions Pty Ltd ('we', 'us', or 'our'). These Terms of Service ('Terms') govern your access to and use of our website/application https://smact.fshtechsolutions.com, including any content, functionality, and services offered on or through the website/application.
By using our website/application, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our website/application.
You must be at least 18 years old and have the legal capacity to enter into these Terms. If you are using the website/application on behalf of an organisation, you confirm that you are authorised to bind that organisation and that it accepts these Terms. You are responsible for ensuring that your access and use comply with all laws that apply to you.
You may use our website/application only for lawful purposes and in accordance with these Terms. You agree not to use the website/application:
Our service relies on third-party providers, including DigitalOcean, to deliver hosting, database management, and application platform services. While we strive to ensure high availability and performance, we cannot guarantee that our service will be uninterrupted or error-free due to reliance on these third-party services.
To access certain features of the Application, you must create an account. You must provide accurate, current, and complete information during registration and update it promptly if it changes. You are responsible for maintaining the confidentiality of your account credentials, for all activities that occur under your account, and for implementing appropriate security safeguards (including strong passwords and multifactor authentication where available). You must notify us immediately of any unauthorised use of your account or any other security breach. Accounts are individual to you and must not be shared with another person.
The Application offers subscription plans, including Free, Fundamental, and Professional tiers. Subscription details, including payment terms, are specified in the User License Agreement. All payments are processed through Stripe. Subscription fees are non-refundable.
All content, trademarks, and data on the Application are the property of FSH Tech Solutions Pty Ltd. You may not use, reproduce, or distribute any content from the Application without our explicit permission.
You retain ownership of the content and data you upload, submit, or transmit through the Application. You grant us a non-exclusive licence to host, store, use, reproduce, modify, and display that content as necessary to provide and support the Application. You warrant that you have obtained all rights and consents needed for us to process the content and that it does not infringe any third-party rights. We only access customer content to deliver the services, comply with law, or protect the Application.
We do not guarantee that our website/application will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our website/application. You should use your own virus protection software.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website/application or to your downloading of any content on it, or on any website linked to it.
Our service may experience interruptions or limitations due to the reliance on third-party providers like DigitalOcean. We are not liable for any disruptions, delays, or unavailability of the service caused by these providers. We will make reasonable efforts to notify users of any planned maintenance or unforeseen outages.
To the fullest extent permitted by law, the website/application and all related services are provided on an "as is" and "as available" basis. We disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
To the fullest extent permitted by law, FSH Tech Solutions Pty Ltd, its affiliates, and their respective officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, goodwill, data, or other intangible losses arising out of or relating to your use of the website/application. Our aggregate liability arising out of or relating to these Terms will be limited to the amount you paid to us for access to the services in the twelve (12) months preceding the event giving rise to the claim.
The Application may integrate with third-party services to facilitate its functionality. The primary third-party services that users will interact with include DigitalOcean and Stripe. By using our services, you agree to comply with the terms and conditions of these third-party providers.
For more information about DigitalOcean’s terms and policies, please visit their Terms of Service and Privacy Policy.
For more information about Stripe’s terms and policies, please visit their Legal Page.
The Application also utilises various third-party JavaScript and Python libraries to support its functionality. These libraries are used in accordance with their respective licenses. We are not responsible for the availability, accuracy, or reliability of such third-party services. Your use of third-party services is governed by their respective terms of service.
We may modify, update, or discontinue any feature or functionality of the website/application at any time. We may suspend or restrict access where needed to address maintenance, security, or legal requirements. We will use reasonable endeavours to provide advance notice of material changes where practicable. We are not liable for any costs you incur as a result of such modifications, suspensions, or discontinuations.
All payments for subscription plans are processed through Stripe, a third-party payment processor. By subscribing to our services, you agree to comply with Stripe’s terms and conditions. You authorise Stripe to charge your chosen payment method for the subscription fee.
For more information about Stripe’s terms and conditions, please visit their Legal Page.
You agree to indemnify, defend, and hold harmless FSH Tech Solutions Pty Ltd, its affiliates, and their respective officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your use of the website/application, or your infringement of any third-party rights.
We may terminate or suspend your access to our website/application immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Application will cease immediately. All provisions of these Terms and Conditions, which by their nature should survive termination, shall survive termination.
We reserve the right to modify these Terms at any time. We will provide notice of any changes by posting the new Terms on our website/application. Your continued use of the website/application following the posting of revised Terms means that you accept and agree to the changes.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
These Terms shall be governed by and construed in accordance with the laws of Western Australia. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Western Australia, and you hereby consent to the jurisdiction and venue of such courts.
If you have any questions about these Terms, please contact us at [email protected].