FILE FIT Pty Ltd TERMS AND CONDITIONS AS AT 13th March 2024
Our complete terms and conditions are contained below, but some important points for you to know before you become a
customer are set out:
● The File Fit App is presently only available to residents in Australia. If you are not a resident of this country, please do not register on the File Fit App.
● Your File Fit subscription offers access, for a set period of time (your subscription period), and guidance on how to set up your personal home-based filing system and manage your administration activities. As well as a quick reference site for information about common documents and processes additional facilities will be introduced as our customer base grows.
● You acknowledge that our App does not take into account all of your circumstances. Your situation is unique and any information obtained from the App may not be appropriate for your situation. The App is based on information you input into the App (Your Data). To the maximum extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability for you of the Memory Joggers (bulletin points of information), Links any of the reports produced by the App, any App output or information generated by the App about documents you may require. Any reporting functionality of the App must be relied upon by you at your own risk.
● The content provided is general in nature. The content has been prepared without taking into account your personal objectives, financial situation or needs. Before acting on any content or making any decision, you should consider the appropriateness of the content having regard to your objectives, financial situation and needs and where appropriate, seek independent legal, taxation, accounting and other professional advice.
● At its discretion, File Fit may offer other promotional discounts or benefits to Users, such as discount codes
(Promotions). Discount codes are issued to Users via a link, which Users can click to redeem a subscription to a
Subscription Plan at a reduced rate. We reserve the right to offer, withdraw, change, cancel or determine your
eligibility for any Promotion or free trial in our discretion for the purposes of preventing abuse of the Promotion or
free trial. Promotions and free trials may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms.
1 Introduction
1.1 These terms and conditions (Terms) are entered into between File Fit Pty Ltd (ABN 11 659 292 074) (we, us or our) and you, together the Parties and each a Party.
1.2 We provide an informative, educational app that provides you with a general guide and template to manage your personal administration documents at home and a Reminder List function of dates to action accounts to be paid or processed. The content provided is general in nature. The content has been prepared without taking into account your personal objectives, financial situation or needs. Before acting on any content or making any decision, you should consider the appropriateness of the guidance having regard to your objectives, financial situation and needs and where appropriate, seek independent legal, taxation, accounting and other professional advice.
1.3 In these Terms, you, means the person registered with us as an Account holder.
2 Acceptance and App Licence
2.1 You accept our Subscription Terms and Conditions by registering an Account on the App or on our website.
2.2 We may amend these Terms at any time, by providing written notice to you. By continuing to use the App after the notice or 30 days after notification, you agree to the amended Terms. If you do not agree to the amendment, you may terminate your Subscription in accordance with the “Cancellation of Subscriptions” clause.
2.3 If you access or download our mobile application from (1) the Apple App Store, you agree to any usage rules set forth in the App Store Terms of Service, or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
2.4 Subject to your compliance with these Terms, we grant you and your Authorised Users a personal, non-exclusive,royalty-free, revocable, worldwide, non-transferable licence to download and use our App in accordance with theseTerms. All other uses are prohibited without our prior written consent.
2.5 When using the App, you and your Authorised Users must not do or attempt to do anything that is unlawful or
inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using the App to defame, harass, threaten, menace or offend any person, including using the App to send unsolicited electronic messages;
(c) tampering with or modifying the App (including by transmitting viruses and using trojan horses);
(d) using data mining, robots, screen scraping or similar data gathering and extraction tools on the App; or
(e) you must not facilitate or assisting a third party to do any of the above acts.
(f) You must be at least 18 years of age or older and of legal age to form a binding contract. Minors under 18 and at least 13 years of age, are only permitted to use File Fit through an account owned by a parent or legal guardian with their appropriate permission; (b) you must not be prohibited from receiving any aspect of our File Fit App under applicable laws or engaging in payments related to File Fit App if you are on an applicable denied party listing; and
(c) we must not have previously disabled your account for violation of law, our Terms or any of our policies.
(g) You agree to immediately notify File Fit of any unauthorised use of your User Account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to User Account Data and any other information or User Content you provide to File Fit.
3 File Fit Services
3.1 In consideration for your payment of the Fees, we agree to provide you and your Authorised Users with access to the App and any other services we agree to provide as set out in different subscription categories. Your choice of subscription category will be determined by the subscription fees you will pay.
3.2 We agree to use our best endeavours to make the App available at all times and keep the content current. However, from time to time we may perform reasonable, scheduled and emergency maintenance, and the App may be unavailable during the times we are performing such maintenance. You will be notified by email of any scheduled interruptions.
3.3 Should you be unable to access the App, or should you have any other questions or issues impacting on your use and enjoyment of the App, you or your Authorised User please notify File Fit administration via email.
3.4 You acknowledge and agree that the App may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers and internet providers and Third-Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third-Party Services, or any unavailability of the App due to a failure of the Third-Party Services.
3.5 File Fit may provide other third-party content on the File Fit App in the form of Links. (collectively the ‘Third-Party Content’). File Fit does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore, we are not responsible for any Third-Party Content on the File Fit App.
3.6 You are responsible for deciding if you want to access or use third party websites or applications that link from the File Fit App (‘Reference Sites’). File Fit does not control or endorse any such Reference Sites or the information, materials, products, or File Fit App contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the File Fit App are solely between you and such
advertiser. Access and use of Reference Sites, including the information, materials, products, and File Fit App on or available through Reference Sites is solely at your own risk.
3.7 You agree that File Fit shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with Third-Party Content, Reference Sites, or service providers or advertisers available through the File Fit App.
3.8 You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the App, you agree to maintain a backup copy of any data you input into the App.
3.9 To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any unavailability of our App including due to or any scheduled or emergency maintenance that causes the App to be unavailable.
4 Account
4.1 You must create an account (Account) to access the App’s features.
4.2 You must provide basic information when registering for an Account including your name, preferred username, email, address and you must choose a password.
4.3 All personal information you provide to us will be treated in accordance with our Privacy Policy.
4.4 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide detail about it to others.
4.5 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account. You agree to immediately notify us of any unauthorised use of your Account.
4.6 When you create an Account, you must also select a subscription length (Subscription). You may choose between different subscription periods as set out on the App (monthly or annual).
5 Subscription Fees
5.1 Once you have created an Account and chosen a Subscription type, you agree to pay the subscription fee set out on the App (Fees) by the date specified on the App (Payment Date) to access the App and benefit from your subscription. All Fees specified in the App are inclusive of GST. All subscription fees paid are non-refundable.
5.2 If our fees change, 30-days written notice will be provided. Without limiting your rights under the Australian Consumer Law, you can cancel your Subscription at any time in accordance with the “Cancellation of Subscriptions” clause of these
Terms Clause 5.7.
5.3 If you make a payment by debit card or credit card, you warrant that the debit or credit card information you provide is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
5.4 To make payment for the App, we use a third-party payment provider on the App, currently STRIPE. This third-party provider will collect additional personal information such as your address and debit or credit card details for payment. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. By making payment through a third-
party payment processor, you accept their applicable terms and conditions.
5.5 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
5.6 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor, STRIPE.
Changes to your Subscription: If you wish to suspend or change your subscription (for example, by upgrading to a
different plan) you can notify File Fit by contacting admin@filefit.com.au, or cancel your current plan and resubscribe to the new plan. Please allow up to 14 days for processing of all cancellations and changes to subscriptions.
5.7 Cancellation of Subscriptions: Your non-refundable Subscription payment is subject to a minimum term, as set out in your Account. Without limiting your rights under the Australian Consumer Law, you may cancel your Subscription at any time or just not renew. The protected content you have subscribed to will remain available to you for that subscribed period of time then cease to be visible.
5.8 Please allow up to 14 days for processing of any requests for changes to your subscription.
5.9 If your subscription payment defaults and is no longer current you may re-register at any time.
5.10 Should you cancel your Subscription with us, you will continue to have an Account with us, should you seek to reactivate your Subscription in the future.
5.11 Upon expiry or termination of your Subscription we will remove your access and visibility to the App.
5.12 We may need to change what is available as part of your Subscription (for example, the inclusions, exclusions, updated
features) from time to time. If we change what is available as part of your Subscription, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the changes to your Subscription. If the changes substantially and adversely affect your enjoyment of the Subscription, you may cancel your Subscription in accordance with the ‘Cancellation of Subscriptions’ outlined in Clause 5.7 above.
5.13 We may need to change the Subscription Fees from time to time. If we change the Subscription Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Subscription. If the updated Fee is not acceptable to you, you may cancel your Subscription in accordance with the ‘Cancellation of Subscriptions’ Clause 5.7 above.
5.14 We may terminate your Subscription at any time by giving 30 days’ written notice to you (Termination for
Convenience).
5.15 If We Cancel your Subscription: you agree that if we Terminate for Convenience the File Fit App, or our breach of these Terms, and to the maximum extent permitted by law, any payments made by you to us (including any Fees) are not refundable to you.
5.16 Where termination is due to our Termination for Convenience or our breach of these Terms no refunds will be paid.
5.17 Termination of a Subscription will not affect any rights or liabilities that a Party has accrued under these Terms.
5.18 This clause will survive the termination or expiry of your Subscription.
6 Secondary technology tool
6.1 You understand and agree that:
(a) the File Fit App is to be used as a general home administration guide only;
(b) we are not engaged in the practice of finance, accounting or law;
(c) we do not offer any financial, accounting or legal advice to you;
(d) our App does not take into account all of your circumstances. Your situation is unique and any information obtained from the App may not be appropriate for your situation. To the maximum extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability for you of the Memory Joggers, any of the reports produced by the App, any App output or information generated by the App about documents you upload or may require. Any reporting functionality of the App must be relied upon by you at
your own risk;
(e) the App is solely a technology tool designed to be used as a general guide only; and
(f) the App, Memory Joggers and Links are provided solely for your convenience and as a resource tool to access general knowledge about specific documents and administration processes.
7 Our Intellectual Property
7.1 File Fit does proactively and routinely screen and monitor the User Content and endeavours to keep the general guide Memory Joggers (bulleting point information) and Links information current. File Fit may, in its sole discretion and without prior notice, screen, monitor, refuse, remove or update any User Content on/from the File Fit App for any reason, including without limitation that it violates these Terms or is otherwise objectionable. User Content removed
from the File Fit App may continue to be stored by File Fit, including, without limitation, in order to comply with certain legal obligations.
7.2 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the App, the App itself, and any algorithms or machine learning models used on the App (Our Intellectual Property) will at all times vest, or remain vested, in us.
7.3 We authorise you and your Authorised Users to use Our Intellectual Property solely for your personal use. You and your Authorised Users must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You and your Authorised Users may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
7.4 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or breach any intellectual property rights connected with the App, including (without limitation) altering or modifying any of Our Intellectual Property, downloading Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property. The File Fit App are for your personal and non-commercial use.
(c) You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the File Fit App, use of the File Fit App or access to User Content without the prior written approval of File Fit.
(d) You many not violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability.
(e) You may not remove any copyright, trade mark or other proprietary rights notices contained in or on the File Fit App.
(f) You are granted a limited, non-exclusive right to create a text hyperlink to the File Fit App for non- commercial use only, provided such link does not portray File Fit or any of its products or File Fit App in a false, misleading,
derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any
pornographic, illegal, offensive, harassing or otherwise objectionable material.
7.5 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a) you obtain our prior written approval to do so;
(b) you do not assert that you are the owner of Our Intellectual Property;
(c) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(d) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(e) you comply with all other terms of these Terms.
7.6 This clause will survive the termination or expiry of your Subscription.
8 Your Data
8.1 You own all data entered, information or content you and your Authorised Users upload into the App.
8.2 You grant us a perpetual licence to copy, transmit, store, backup and/or otherwise access or use Your Data to:
(a) communicate with you (including to send you information we believe may be of interest to you, such as general
knowledge about documents you upload or may require to;
(b) supply the App to you and otherwise perform our obligations under these Terms;
(c) diagnose problems with the App;
(d) enhance and otherwise modify the App;
(e) perform Analytics;
(f) develop other services, provided we de-identify Your Data; and
(g) as reasonably required to perform our obligations under these Terms or as required by law.
8.3 You agree that you are solely responsible for all of Your Data that you and your Authorised Users make available on or through the App. You represent and warrant that:
(a) you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
(b) neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of our App will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
8.4 You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the App, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes,
provided that the Analytics do not contain any identifying information.
8.5 We do not endorse or approve, and are not responsible for, any of Your Data. https://filefit.com.au/privacy-policy/
8.6 You acknowledge and agree that the App and the integrity and accuracy of the Output Data is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the App.
8.7 This clause will survive the termination or expiry of your Subscription.
9 Warranties
9.1 You represent, warrant and agree that:
(a) you will not use our App, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) you will comply with any privacy or anti-spam Laws applicable whilst using the App, and you will not breach an individual’s privacy by sharing private or personal information through the App (for example, by inviting an
individual to your event in the App) without an individual’s consent;
(d) all information and documentation that you provide to us in connection with these Terms is true, correct and
complete; and
(e) you have not relied on any representations or warranties made by us in relation to the App (including as to whether the App is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
10 Australian Consumer Law
10.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the App by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
10.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the App provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
10.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the App) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
10.4 This clause will survive the termination or expiry of your Subscription.
11 Liability
11.1 Despite anything to the contrary, to the maximum extent permitted by law:
(a) you agree to indemnity us for any Liability we incur due to your breach of the Acceptance and App Licence clause, any breach by you of any privacy or anti-spam laws applicable to you and the Intellectual Property clause of these Terms;
(b) neither Party will be liable for Consequential Loss;
(c) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel
(including a Party’s Authorised Users), including any failure by that Party to mitigate its losses; and
(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us repaying you up to the cost of the Fees paid by you to us during the previous 12 months of your Subscription.
11.2 This clause will survive the termination or expiry of your Subscription.
12 Your Feedback
Your Feedback, comments and suggestions are welcome. If you provide Feedback, you hereby grant to File Fit a world- wide non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use and
13 General
13.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
13.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in
connection with these Terms, to a debt collector, debt collection agency, or other third party.
13.3 Disputes: A Party may not commence court proceedings relating to a dispute without first contacting the other Party via email to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
13.4 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
13.5 Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
13.6 Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
13.7 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
13.8 Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 and any other applicable legislation or privacy guidelines.
13.9 Publicity: If you are a corporate entity, you agree that we may advertise or publicise the fact that you are a user of our App, including on our website or in our promotional material, with your prior written approval.
13.10 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
13.11 Third party sites: The App may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third-party website linked from the App, such third party provides the goods and services to you, not us. We may
eceive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the App or for featuring certain products or services on the App. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the App, or which (if any) third party links are Affiliate Links. make, have made, sell, offer for sale, import and export products and services based on such Feedback. Foe this reason we ask that you do not send File Fit and Feedback that you do not wish to license to us as outlined above.
14 Definitions
14.1 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
14.2 Fees means the fees you agree to pay for the Subscription you choose as set out in the App.
14.3 Intellectual Property means any copyright, registered or unregistered designs, patents or trademarks, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
14.4 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
14.5 Subscription means the subscription option you choose when you create an Account in the App.
14.6 Subscription Period means the length of time between each payment of Fees for your Subscription.
For any questions or notices, please contact us at:
File Fit Pty Ltd (ABN 484520369102)
Email: admin@filefit.com.au
