Privacy Policy
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Access to and use of this website and its associated platforms is provided by Fortress Procurement Pty Ltd (“FP”) subject to the following terms (“Terms of Use”):
- Your Acceptance of these Terms of Use and FP Privacy Policy.
- By visiting and using this website and/or an associated or affiliated FP platform you accept and agree to be bound by these Terms of Use, including any future modifications; and to abide by all applicable laws, rules and regulations. If you do not agree with any of these Terms of Use, please do not use this website or any of its associated or affiliated platforms.
- These Terms of Use may be changed without notice at any time by updating this website page. You should visit this page regularly to review the current Terms of Use. Your continued use of this website will be deemed acceptance of any changes. The most current update of these Terms of Use is indicated at the end of this page.
- Privacy
Your privacy is important to FP. We provide a notice explaining our online information practices and about the way your information is collected and used on this website or any associated or affiliated platforms. You may access our Privacy Policy via this website or via one of its affiliated or associated platforms. The Privacy Policy forms a part of these Terms of Use. - Intellectual Property
This website and its affiliated and associated platforms and the content and materials contained on this website and its affiliated and associated platforms (collectively, “Content”) is protected by copyrights, patents, trade secrets or other intellectual property and proprietary rights under the laws of Australia and other countries. - Content
This website and its affiliated and associated platforms have been prepared solely for the purpose of providing information about FP and the services and products it offers. This website and its affiliated and associated platforms have been compiled in good faith by FP. However, no representation is made as to the completeness or accuracy of the information on this website. - Your Use of Content
Your right to make use of this website and/or its affiliated or associated platforms and/or any Content appearing on it is subject to your compliance with these Terms of Use. This website and its affiliated or associated platforms and/or any Content appearing on it may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any content or materials appearing on this website and its affiliated and associated platforms, without the express prior written consent of FP. Use or modification of the Content on this website for any purpose not permitted by these Terms of Use is prohibited. - Submissions
You may submit inquiries or feedback to FP through the email addresses listed on this website. FP is not required to review any submission you may make. To the extent you submit any ideas or feedback to FP, you grant FP a perpetual, worldwide, fully paid-up, royalty-free right and license to use the same for any purpose. - Website Service
FP reserves the right to add, modify, delete or discontinue, temporarily or permanently, all or any part of this website and/or any Content, software, functions, and services on this website, with or without notice, and/or to establish general guidelines and limitations on their use. - Disclaimer of Warranties
YOUR USE OF THIS WEBSITE AND ITS AFFILIATED AND ASSOCIATED PLATFORMS IS AT YOUR OWN RISK. THIS WEBSITE, ITS AFFILIATED AND ASSOCIATED PLATFORMS AND ALL CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS CONTAINED OR USED IN THE OPERATION OF THIS WEBSITE AND AFFILIATED AND ASSOCIATED PLATFORMS, ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY GUARANTEE OR ASSURANCE THE WEBSITE AND/OR ITS AFFILIATED AND ASSOCIATED PLATFORMS AND/OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. Without limiting the foregoing, FP is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of this website and or its affiliated or associated platforms. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of the Content and any and all features and functions of this website and its affiliated and associated platforms. - Limitation of Liability
FP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE AND/OR ITS AFFILIATED OR ASSOCIATED PLATFORMS AND/OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF FP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. - Indemnity
You agree to indemnify, defend and hold FP, Company Affiliates (where “Company Affiliate” refers to any other members or entities of the FP Limited group in addition to FP) and all other affiliates thereof, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal services fees), arising in any way out of or in connection with:- Your use of this website or its affiliated or associated platforms; or
- Your breach or violation of these Terms of Use. FP reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
- Notice and Procedure for Making Claims of Copyright Infringement
FP respects the intellectual property of others and asks users of this website and its affiliated and associated platforms to do the same. FP has a policy of terminating repeat infringers’ access to its website and its affiliated and associated platforms and/or its services in appropriate circumstances. If you are a copyright owner or an agent thereof and believe that any content on this website or its affiliated and associated platforms infringes upon your copyrights, you may submit a notification in writing containing the following information:- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this website or an affiliated and/or associated platform are covered by a single notification, a representative list of such works on this website and/or its affiliated or associated platform;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following address:- By Post: Director of Legal
Fortress Procurement Pty Ltd
Suite 1, 290 Boundary Street, Spring Hill, Queensland, 4000, Australia; or - By Email: info@fpgi.com.au
- By Post: Director of Legal
- Miscellaneous
- These Terms of Use contain the complete and entire understanding and agreement between you and FP concerning this website and its affiliated and associated platforms and supersedes any and all prior or contemporaneous understandings relating to the website and its affiliated and associated platforms and your use thereof. If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. The failure of FP to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision.
- FP is based in Australia. FP makes no representation or warranty that this website, its affiliated or associated platforms, or that the Content contained on this website or its affiliated or associated platforms is appropriate or available for use in any or all locations. Those who choose to access this website and/or its affiliated or associated platforms from other locations do so at their own risk and they are responsible for compliance with any and all local laws, rules and regulations, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with this website may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to export restrictions of Australia, New Zealand, United Kingdom, China, USA and Canada.
- These Terms of Use shall be governed by, construed and enforced in accordance with the laws of Australia, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the courts of Australia and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THESE TERMS OF USE, YOUR USE OF THIS WEBSITE AND/OR ITS AFFILIATED AND ASSOCIATED PLATFORMS OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY.