Terms and Conditions
Welcome to the FRANK food handling management application (the “Application“). This Application is published by or on behalf of Food Safety Systems Pty Ltd (“FSS” or “we” or “us“) A.C.N 606 706 683, of [address].
2. Changes to the licence terms
We reserve the right to make changes to these terms and conditions from time to time. When these changes are made, we will make the new terms available at our Website. You understand and agree that if you continue to use the Application after the date on which the terms and conditions have changed, your use will constitute acceptance of the updated terms and conditions.
3. Right to Use the Application
FRANK is a subscriber-only application. Your right to use the Application is dependent on your payment on or before the due date of all subscription and usage charges accrued by you. If you do not pay these charges or if any payment is overdue, we can withdraw access to the Application and any of your data stored on our systems or with a service provider on our behalf. In addition, if any amount remains unpaid more than 28 days after the due date we may, without limiting any other rights we may have under these Terms, terminate your rights to use the Application and delete any of your data without notice to you and without any liability to you in respect of such actions.
4. General rules relating to conduct
The Application is made available for use only by registered licensees. The Application must not be used for any illegal or unauthorised purpose. When you use the Application you must comply with all applicable New South Wales laws and with any applicable national and international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the Application you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
- Use the Application in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
- Attempt to gain unauthorised access to the Application or any networks, servers or computer systems connected to the Application; or
- Modify, adapt, translate or reverse engineer any part of the Application or re-format or frame any portion of the pages comprising the Application, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify FSS in full and on demand from and against any loss, damage, costs or expenses which it suffer or incur directly or indirectly as a result of your use of the Application otherwise than in accordance with these Terms or Applicable Laws.
5. Intellectual Property Rights
The copyright in all material contained on, in, or available through the Application including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to FSS. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without FSS’s express permission. Any reports issued by the FRANK system to a business that is paying for the the FRANK system and the reporting function may be used and disseminated as required by that business.
The trade marks, service marks, and logos (“Trade Marks“) contained on or in the Application are owned by FSS. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of FSS.
6. User Data
Clause 4 does not apply to the data you upload or store on or through the App. Such data shall remain your property. We shall not however be liable for the deletion of, corruption of, or failure to store any content or other data maintained or transmitted by or through your use of the Application.
Data you provide to us for storage through the Application may be hosted and managed outside of Australia, including in the United Kingdom, the United States of America and Singapore. You consent to this practice, understanding that such data may be accessible from or transmitted outside Australia.
7. Link to third parties
The Application may contain links to websites operated by third parties (“Third Party Websites“).We do not have any influence or control over any such Third Party Websites and, unless otherwise stated, we are not responsible for and do not endorse any Third Party Websites or their availability or contents.
This Application has been developed to facilitate the proper handling of food in accordance with the ANZ Food Standards Code and other relevance standards but the use of this Application does not in any way guarantee compliance with such standards. FSS Products Pty Ltd expressly disclaims any such warranties or guarantees. Compliance with the relevant standards and the safe handling of food is the sole responsibility of the user. Any default parameters or sample data contained within this Application are by way of example only and are not to be taken as recommendations or indications of compliant practice or otherwise relied upon by the user.
10. Limitation of liability
Use of the application is at your own risk. The application is provided on an “as is” basis
Except as expressly provided to the contrary in this Agreement to the maximum extent permitted by the Australian Consumer Law, in no event whatsoever shall we or our directors, employees, agents or sub-contractors be liable for any direct, indirect, special, incidental or consequential damages whatsoever (including without limitation, damages for loss of profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or the inability to use, the Application or the provision of or failure to provide any services in relation to the Application. We shall not be liable for any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance you may place on the completeness, accuracy or existence of any information provided by a third party, or as a result of any relationship between you and any third party.
The limitations on our liability referred to in this clause and elsewhere in these Terms apply whether or not we have been advised of or should have been aware of the possibility of any such losses or damage arising.
To the extent permitted by the Applicable Laws and the Australian Consumer Law, our total liability to you in any event shall be limited to the amount, if any, actually paid by you for use of the Application (and if nothing has been paid, limited to 1 cent AUS) and you hereby release us, our officers, directors, employees and agents from any liability in excess of this limitation.
Nothing in these Terms shall be construed as excluding or limiting the liability of FSS or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by New South Wales law.
11. Service suspension
FSS reserves the right to suspend or cease providing any services relating to the Application with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
These Terms (as amended from time to time) constitute the entire agreement between you and FSS concerning your use of the Application.
FSS reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the Application to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Application. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of FSS.
These Terms shall be governed by and construed in accordance with New South Wales law and you agree to submit to the exclusive jurisdiction of the New South Wales Courts.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision) and all other provisions shall remain in full force and effect.
FSS’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FSS in writing.
13. How you can contact us
If you have questions about these terms and conditions, please contact us at:
Mail: PO Box 832, Thirroul NSW 2515