Terms and Conditions

Family Business Services website Terms and Conditions

IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE

Your use of this website and the information available on this website is subject to the following terms and conditions:

  1. Ownership – This site www.fbsh.com.au (website) is owned and operated by Capital Administration and Services Pty Ltd ACN 090 472 236 (CAS).

  2. Acceptance of Terms and Conditions – Your access and use of the website means you accept and agree to comply with the terms and conditions, contained in this document and elsewhere on the website (known collectively as the “Terms and Conditions”), subject to any other acknowledgements, confirmations or undertakings by you made by your use of this website and subject to any other notices or disclaimers on this website, as they exist from time to time. Your use of and continued access to the website constitutes your agreement to the Terms and Conditions. CAS may amend the Terms and Conditions at any time by posting the amended terms and conditions on the website. The amended Terms and Conditions will be effective immediately and you will be bound by the amended Terms and Conditions from that time even if you do not have notice of them. This agreement may not be amended otherwise. You should visit this page periodically to review the Terms and Conditions. If you breach any Terms and Conditions, your right to use and access the website automatically terminates.

  3. Restrictions on Use – The website is available only for your personal, non-commercial use. CAS may change or discontinue any feature of the website including the Materials defined in clause 5, hours of availability and equipment required for access. You may not copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the Material contained on this website, unless expressly provided for on the website or expressly authorised in writing by CAS. Our website is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to and may not be used by persons under 18 years of age. If you do not qualify, please do not use our services.

  4. Trademarks – All names, logos and trademarks are the property of CAS or the third parties who have contributed to or who have documents on the website. Nothing on the website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of CAS or the relevant contributor or owner of a trademark. Nothing displayed on the website should be construed as granting any licence or right to use any trademark without the express permission of CAS, or the relevant third party contributor or owner of a trademark.

  5. Copyright – The content of this website, including all information such as metadata, text, graphics, images and other material (“Materials”), is protected by Australian and international copyright law. Unauthorised use of the Material may breach these laws.

  6. No Representations – CAS makes no representations about the accuracy, reliability, completeness or timeliness of the Material. The Material may contain inaccuracies or typographical errors. CAS is neither responsible for nor liable for Material provided by third parties. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time, without notice.

  7. No Warranties – The website and Material are provided on an “as is” basis without any warranties of any kind, to the extent permitted by law. CAS, to the fullest extent permitted by law, disclaims all warranties or representations (express or implied). If the Australian Securities and Investments Commission Act, the Trade Practices Act 1974 (Commonwealth) or any corresponding State and Territory legislation implies terms, conditions or warranties into some contracts for the supply of goods or any services and prohibits the exclusion, restriction and modification of such terms (“Prescribed Terms”) and that applies to these Terms and Conditions, then, except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non-access to, the website or the use of or reliance upon the website or the Materials are excluded. To the extent permitted by law if CAS breaches Prescribed Terms, then its obligations and liability in relation to that will be limited to the re-supply of the services. In addition, CAS does not warrant that the website will operate error free or that this website and its servers are free of computer viruses and other harmful material. If your use of the website or the Material results in the need for servicing or replacing equipment or data, CAS is not responsible for those costs.

  8. Limitation of Liability – Except as provided by any Prescribed Terms, CAS, its suppliers, or any third parties mentioned on the website will not be liable for any damages whatever (including, without limitation, incidental and consequential damages, lost profits, or damages in any case whether foreseeable or not) resulting from the use or access of or inability to use and access the website and the Material.

  9. Internet Service Providers – If you are an internet service or access provider which supplies the material to your subscriber, you must not use the website in any manner or for any purpose which is unlawful or in any manner which breaches any right of CAS or which is prohibited by the Terms and Conditions.

  10. Hyperlinks – The website contains hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under the control of CAS and CAS is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The inclusion of any link does not imply any endorsement of the Linked Site by CAS. You link to any such Linked Site entirely at your own risk. We are not involved in any transaction between you and a person accessed by a linked site. We exercise no control over the goods, services or financial products advertised or sold and statements made through any Linked Sites. The Material on any Linked Site, including product or service information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website. CAS is not liable for the prices or price changes, including where price changes have not been reflected on the relevant site. Any purchases or dealings you have with a Linked Site are done at your own risk. CAS is not a party to any transaction between you and an operation of a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to the CAS Terms and Conditions. If there is any inconsistency, to the extent of the inconsistency the CAS Terms and Conditions prevail.

  11. Advertisements – The website may from time to time contain third party advertisements which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors (“Advertisers”). Clause 11 also applies to sites operated by Advertisers. Any claims by Advertisers are not recommendations or endorsements by CAS.

  12. Disputes with Linked Sites and Advertisers – Since we do not and cannot be involved in your interaction with Linked Sites and Advertisers, if you have a dispute with one or more Linked Sites or Advertisers, to the extent permitted by law, you release and indemnify CAS (and our agents and employees) from any claims, demands and damages (actual and consequential, direct and indirect, in any case whether foreseeable or not) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

  13. Termination – The Terms and Conditions are effective until terminated by CAS. CAS may terminate this agreement and your access to the website at any time without notice. If the Terms and Conditions or your access is terminated, you are no longer authorised to access the website. All restrictions imposed on you, disclaimers and limitations or exclusions of liability set out in the Terms and Conditions will survive termination.

  14. Governing Law – The Terms and Conditions are governed by and construed in accordance with the laws in force of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

  15. General – If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. All rights not expressly granted by the Terms and Conditions to CAS are reserved. This agreement sets out the entire understanding and agreement between CAS and you with respect to your use of the website and the Materials and all related or consequential aspects of that.
Privacy Statement

As the operator of this website, CAS needs to obtain and retain information about those who are using its website.

CAS recognises the importance, however, of protecting that information.
We know you may be concerned about what we do with that information. You have our assurance that we will not disclose the information, and will use reasonable endeavours to prevent the disclosure of the information, except to the extent:

  • indicated at the time of supply of the information to us;

  • expressly permitted under any agreement with you;

  • required for performance by us of services for you;

  • required for the ordinary operation of our website or our business (e.g. to send you information about our services);

  • required under compulsion of law or provided in co-operation with any governmental authority; or

  • where it is already publicly available or is disclosed by CAS in a manner that does not readily permit identification of information relating to you.

Subject to the above overriding prohibition on disclosure, CAS may use the information as it sees fit for the purposes of its business.

Our website does not use cookies. When you visit it, however, information may be recorded for statistical purposes regarding your server address, domain name, date and time of visit, previous site visited and browser type.

The following disclaimers also apply:

  • From time to time this website may contain links to other websites. CAS is not responsible for the privacy practices or the content of those websites.

  • Although CAS has implemented substantial security measures in relation to the information, since the website is linked to the internet and the internet is inherently insecure, CAS cannot provide any assurance regarding security of the information. CAS will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information due to the website being linked to the internet.

  • CAS accepts no responsibility for unauthorised use of any password or other security mechanism provided to you, other than by CAS’s own staff.

This website privacy policy is subject to amendment at any time. Any amendment will be made on a prospective basis, i.e., all information received or retained before the time of any amendment will remain subject to the policy applicable before the amendment.

This website privacy policy is separate from our policy regarding personal information (for the purposes of the Privacy Act 1988 and the National Privacy Principles) and does not override any rights you have under that Act.

We seek to protect the privacy of individuals and in doing so comply with the National Privacy Principles. In particular we commit to the following:

  1. When collecting information

    Personal information will be collected appropriately, lawfully, fairly and sensitively and wherever possible, directly from yourself and with your consent. It will only be collected for a clear and express purpose. At the time of collection or as soon as practical afterwards we will advise you of:

    • The purpose for which the information was being collected;

    • Any types of organisations or individuals that we may disclose information of this kind

    • Your right to access your personal information held by us;

    • Any law that requires us to collect the information;

    • The main consequence to you, if any, if all or part of the information is not provided.

    In the event that it is not possible to collect the information from you, we will take all reasonable steps to inform you of what was collected and how the information was obtained.

  2. When Using and Disclosing

    Your personal information will be used or disclosed for the purpose for which it was collected which will include correspondence from us to you in the form of letters and email. It may also be disclosed to service providers who provide administrative, computer and other services to us in connection with the operation of our business. These providers have a duty to keep such information confidential and secure.

    It is also our intention from time to time to provide you with information in relation to new products or services available within our group. This is considered to be a secondary use and requires your consent. This consent can be obtained during a telephone conversation and noted on your file or on the appropriate computer system. Consent can also be requested on the application form at the time of collecting the original information.

    If you do not wish to receive this subsequent information, please contact us.

  3. Data Quality

    Periodically we will ask you to confirm the details we hold on file.

  4. Data Security

    We will take reasonable steps to protect the personal information we hold from misuse, loss and from unauthorised access, modification or disclosure. Access to records will be restricted to staff who require access to them to perform their job and access to computer files will be via password security.

  5. Access and Correction

    You may request (in writing) access to the information we hold. You are entitled to make corrections to any information that can be proven to be inaccurate. For this reason it is important that you are able to confirm your identity when wishing to access your personal information.

  6. Identifiers

    We may need to sight and record identification documents such as Tax File Numbers but we will not use a Federally assigned identifier such as a Tax File Number as an internal client identifier.

  7. Anonymity

    You are able to ask questions regarding company services without giving identifying information such as a name, address and phone number. However, it may be difficult to supply a great deal of relevant information when we do not have your particular details available.

  8. Transport of Data Flow

    If information is forwarded on to another individual or organisation outside Australia, it is our responsibility to ensure that protection is in place either under the privacy legislation in the receiving country or through the implementation of a contractual arrangement.

Complaints

If you have a complaint concerning the way in which your personal information is being handled or have any other queries we will respond on a timely basis.

please contact us at:

Postal: 11 Griffin Place, Glebe, NSW 2067
Email: [email protected]