General terms of FSG Australia Website use
FSG Australia – ABN 73 112 839 184 | ACN 112 839 184
All transactions are processed in AUD
Welcome to the FSG Australia website (the Website), which is owned and operated by FSG Australia A.C.N.112 839 184 (we, us, our, or FSGA).
FSGA may from time to time amend, update or change content on the Website, including these Terms and Conditions without prior notice.
FSGA cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.
FSGA may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.
In relation to the Website, you must not:
– use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights or are contrary to any relevant standard or codes
– use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet
– use the Website to send unsolicited email messages
– in any way tamper with, hinder or modify the Website
– knowingly transmit any viruses or other disabling features to the Website or via the Website
– attempt any of the above acts or facilitate or assist another person to do any of the above acts.
The material on the Website, including the software, design, text, images, logos, trade marks and graphics comprised in the website and the selection and layout of the Website are owned or under licence by FSGA and protected by Australian and international Intellectual Property laws.
Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the prior written permission of the trade mark owner.
FSGA owns the copyright, which subsists in all creative and literary works that are displayed on the Website. You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.
You must not:
– reproduce or use any of the material on the Website for commercial purposes, including sale
– in any way modify the material on the Website
– cause any of the material on the Website to be framed or embedded in another website.
In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by FSGA.
In the event that you do any of the above acts, FSGA will not hesitate to enforce intellectual property rights against you.
Third party links
The Website may contain hyperlinks and other pointers to websites operated by third parties (Linked Websites). FSGA does not control Linked Websites and we are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. FSGA provides the hyperlinks for your convenience only and does not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.
FSGA does not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.
All comments, feedback, information or materials submitted to FSGA through, or in association with, the Website shall be considered non-confidential and FSGA’s property. By submitting such comments, information, feedback, or materials to FSGA, you agree to at no charge, provide FSGA with a worldwide, royalty-free right to use, copy, modify, display and distribute the submissions. FSGA may use such comments, information or materials in any way it chooses on an unrestricted basis. You can also visit the Feedback and Complaints page on our website for more information.
If you have a complaint or if there is anything we can help you with, please let us know. We value your feedback and appreciate the opportunity to follow up.
How to contact us
Complaint resolution process and timeframes
Once we receive your complaint, we may ask you to provide supporting evidence or documentation to aid us in our investigations. This may include proof of identity, statutory declaration, postage or point of sale receipts, item details and so on.
We aim to resolve most complaints within 18 business days. However, please note that some complaints may take longer to investigate, but we will keep you informed.
Complaint escalation process
If, for any reason, you are not satisfied with the outcome of a complaint, or with our complaint handling process, please contact us and we will provide external and independent support for an effective resolution.
When seeking further escalation, please provide any additional details which you believe are important and that we might not have received previously. This will help to ensure a thorough review of the matter.
In the event, that your complaint is not resolved through our processes, you expressly agree that any dispute or claim relating in any way to your use of this Website or to any products, or services sold through our website will be solved by mediation or arbitration, rather than litigation.
For your convenience we have provided links to external organisations. For Queensland refer to: //www.qld.gov.au/law/your-rights/consumer-rights-complaints-and-scams/make-a-consumer-complaint/use-the-contact-list/
We appreciate your patience with our investigating procedures and timeframes before contacting an external organisation.
By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Some legislation such as the Australian Consumer and Competition Act 2010 (Cwlth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights and with respect to the Website:
– all material on the Website is provided to you without warranties of any kind, either express or implied
– we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose
– we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
– we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
Limitation of Liability
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
When making a purchase from the FSGA website your financial details are passed through a PCI-DSS compliant payment gateway, and though the website does retain customer contact data for the purposes of verifying a purchase, the website does not view or retain any credit card details of individuals making transactions.
The WooCommerce shopping cart utilised on the FSGA website does make use of website Cookies for the purposes of managing cart data changes and finding cart data in the database for each customer; however no personal information is stored within these cookies.
If you have any questions regarding our security policy, please contact our customer support centre at [email protected].
FSG Australia Purchase Terms – Products
FSG Australia – ABN 73 112 839 184 | ACN 112 839 184
All transactions are processed in AUD
- org.au offers online shopping where you can browse, select and order products advertised from FSG Australia (ABN 73 112 839 184) (“FSG Australia”, “us” or “we”).
- Please read these terms and conditions prior to ordering FSG Australia products.
- Your access to and order of products are subject to these terms and conditions.
- By registering an account with FSGA you confirm that you are 18 years of age or older.
- You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through Accounts.
- If you choose to use a workplace email address for your account then you are responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
3.0 Ordering products
- We recommend you carefully review any proposed order before adding them to your shopping cart and proceed with your order.
- Representations of products sale by us via our website do not constitute an offer to sell but an invitation to treat..
- Any order placed for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
- We may ask you to provide additional details or require you to confirm your details to enable us to process orders.
- Please ensure that all details provided are full and correct at the time of placing your order. We take no responsibility for orders that do not arrive as a result of inaccurate or incomplete details.
- We reserve the right to accept or reject your order for any reason, including if the requested product is not available, if there is an error in the price or the product description or your order.
- Each order placed for products that we accept, results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you. If we reject an order then we will notify you of that rejection at the time you place the order.
5.0 Fees and charges
- We will charge you, and you agree to pay, the following fees and charges in relation to any order that we accept (as applicable):
(a) the purchase price of each product that is ordered;
(b) the delivery fee provided to you at the time of order; and
(c) if a cancellation fee applies for an order as set out in Clause 7.0 Cancellations.
- Whilst we endeavor to ensure all details, descriptions and prices displayed on our website are accurate, errors may occur. We will notify you as soon as possible if an error in price or payment is discovered in relation to your order and provide an opportunity for you to reconfirm your order at the correct price or alternatively cancel it.
- Our methods of delivery will depend on the size of the product and the distance required for delivery, and the method chosen will be at the sole discretion of FSGA. Generally, we will use our internal courier service, but we may also utilise third party postal services, such as Australia Post and Fastway Couriers.
- Products ordered may only be delivered to a location that is a physical address upon provision of complete and accurate information by you.
- We aim to deliver products ordered as efficiently and quickly as possible. However, events can occur that are beyond our reasonable control, or that result from third party postal delays and this may delay your delivery. We will not be liable to you or any other person for any such delay whatsoever.
- We will deliver the products, if possible, to the front door at the relevant delivery address. If you ask us to deliver inside a premise or building at the delivery address and we agree to do so, then you are responsible for all loss or damage suffered by us in connection with our delivery of the products beyond the front door of the delivery .
- We will require the person accepting the delivery of your order to sign on your behalf.
- If there is no one to receive the goods at the time of delivery, FSGA has the option either to take them back or to leave the goods at the delivery address and if they are left, they are at the purchaser’s risks from that time.
- There may be a surcharge for redelivery of up to $15.00
- We will contact you or you may contact us to arrange for delivery at a different time.
- Title and risk in the products, such as loss and damage, pass to you on delivery or collection as the case may be.
We may cancel any part of an order (including any orders that we have accepted) without any liability to you if products in that order are not available; or the order placed was in breach of these terms and conditions.
- If we do then we will provide you with reasonable notice of that cancellation at no charge.
- You may cancel an order (whether it is accepted by us or not): up to 48 hours before the day of delivery by contacting Customer Service on 07 5588 7388.
- The Website employs Secure Sockets Layer technology from Digicert and Paypal secure payment gateway to secure our payment system.
- We accept the following credit cards and payment methods:
(i) Visa; Visa Debit (ii) MasterCard; MasterCard Debit; (iii) paypal
- If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
- You authorise FSG Australia to debit the amount that is payable for an accepted order from your nominated credit card if you use a credit card to pay for the fees and charges.
- If we have previously provided you with a credit under these terms and conditions, then we will apply the credit to your future orders that we accept until that credit is fully consumed. Without qualifying the foregoing, you are responsible for paying any outstanding amounts to us.
- To the extent permitted by law we will not be responsible for any damages or consequential loss (whether direct or indirect) suffered by you where a credit card or Pay Pal account is fraudulently used or is used in an authorised manner.
- You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
- We will provide you with a receipt at time of delivery for the products in the order and the credits applied.
9.0 Out of Stock/Missing products
- You acknowledge that a product that you order may be out of stock or temporarily unavailable. If this happens, then that product will be placed on back order and dispatched upon availability.
- If there are missing items from your delivery, then you should check the receipt or invoice provided to you to ensure that it was charged.
- Contact Customer Service on 07 5588 7388 during contact hours within 24 hours of the delivery time and we will take steps to verify and confirm any such missing items.
- Once we are reasonably satisfied that the item was not delivered to you, then we will (at your option): (i) provide you with a credit for the products that were charged but not delivered to you; or (ii) arrange for a re-delivery of the missing item at an agreed time.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
With Proof of Purchase
- If a product is damaged, faulty or incorrect then you may:
- return it with your receipt to the retail outlet/warehouse of purchase for a credit note/exchange/refund;
- Contact our customer service by telephone within 7 days of delivery to make alternative arrangements to return the item.
Change of Mind Returns
- You may return new unopened, in their original condition items within 7 days of purchase or delivery for a full refund.
- If it has been purchased online then the courier may be required to collect the item, in which case the process may take up to four weeks. We will pay the return delivery costs if the return is a result from receiving an incorrect or faulty item etc. and we will re-deliver the product with your next order.
- You must provide us with the invoice we issued for your order to make a claim under this Clause. If you fail to do so, then we may reject or deny your claim.
Summary of Australian statutory consumer guarantees
Your consumer guarantee rights under Australian consumer law:
|Consumer guarantees in relation to goods||Consumer guarantees in relation to services|
|The goods will be of acceptable quality.||We will provide the services with due care and skill.|
|The goods will be fit for a particular purpose.||The services will be fit for a particular purpose.|
|The goods will match their description.||The services will be provided within a reasonable time.|
|The goods will match the sample or demonstration model.|
|You have title to the goods.|
|You have undisturbed possession of the goods.|
|There are no undisclosed securities on the goods.|
11.0 Business Account Terms
- Terms are strictly 30 days from the date of the invoice. Failure to comply with our terms may result in credit facilities being removed and the account transferred to a COD (Cash On Delivery) account.
- Any account still outstanding at the 60th day may have its credit facilities removed until payment is received.
- New business customers may be required to undertake an initial trial of a 7 day account.After the first 30 days, if payments are made on time then the customer may apply for the establishment of credit terms of 30 day accounts and must supply Finance with two current trade references.
FSG Australia Purchase Terms – Products last updated on 14 March 2016.
Purchase Terms – Services (Activities)
FSG Australia – ABN 73 112 839 184 | ACN 112 839 184
All transactions are processed in AUD
Responsibilities of FSG Australia
FSG Australia agrees to:
- review the provision of supports with the Service User at request;
- once agreed, provide supports that meet the Service User’s needs at the Service User’s preferred times, as long as the times are reasonable;
- communicate openly and honestly and in a timely manner;
- treat the Service User with courtesy and respect;
- consult the Service User on decisions about how supports are provided;
- give the Service User information about managing any complaints or disagreements and details of the provider’s cancellation policy (if relevant);
- listen to the Service User’s feedback and resolve problems promptly;
- where possible, give the Service User a minimum of 24 hours’ notice if FSG Australia has to change a scheduled appointment to provide supports;
- give the Service User the required Notice if FSG Australia needs to end the Service;
- provide supports in a manner consistent with all relevant laws;
- keep accurate records on the supports provided to the Service User; and
- issue regular invoices and statements of the supports delivered to the Service User.
Responsibilities of the Service User or Service User’s representative
The Service User or Service User’s representative agrees to:
- inform FSG Australia about how they wish the supports to be delivered to meet the Service User’s needs;
- treat FSG Australia staff with courtesy and respect and accommodate and respect that staff must comply with FSGA policy and procedure;
- contact FSG Australia if the Service User has any concerns about the supports being provided;
- give FSG Australia the required Notice if the Service User needs to end the Service;
- comply with the agreement to pay (see Fees);
- advise FSG Australia of any relevant Service User’s needs or health issues that might affect health and safety e.g. allergies, epilepsy, contagious condition;
- provide relevant and up-to-date information to ensure quality service provision—this may include changes to medical treatments or conditions; and
- provide, as a minimum, 24-hour notification if not attending a program/activity in a short-notice situation e.g. illness.
Details of fees will be explained prior to booking the program/activity.
When a booking is made for a program/activity the Service User or Service User’s representative is agreeing to pay the fee, unless otherwise arranged, and is agreeing to the provisions set out below.
- All programs/activities incurring a fee will be invoiced by Head Office. Payment is to be made at Head Office (20 Railway Street, Southport) or via direct deposit to:
Bank: Westpac Banking Corporation
A/c Name: FSG Australia.
- Any outstanding fees incurred from previous FSGA programs/activities must be paid before the participant can access another FSGA program/activity.
- Any changes to bookings are to be discussed directly with the Program Coordinator.
- The Program Coordinator must be notified of the cancellation of a booking 3 working days prior to the program/activity date or a cost will be charged to the Service User or Service User’s representative.
- Program/activity fees will be charged for cancellations of attendance when less than 24 hours notice is given. The program/activity fee covers the costs of activities, so if a cancellation is made after this time FSGA cannot change bookings.
- The Service User or Service User’s representative is to inform the Program Coordinator if any program/activity is to be funded by an external agency so the invoice can be sent directly to the external service.
Changes to the Service
If changes to the supports or their delivery are required, the Parties agree to discuss and review the Service Agreement. The Parties agree that any changes to the Service Agreement will be in writing, signed, and dated by the Parties.
Ending the Service
Should either Party wish to end the Service they must give reasonable notice, not less than 5 business days, in writing ending the Service. (Notice).
If either Party breaches a material condition of the Service Agreement the requirement of Notice will be waived, and the non-defaulting party may end the Service immediately by giving the other party written notice.
Feedback, complaints and disputes
Information can be found on the Feedback & Complaints page of the FSG website If the Service User wishes to give FSG Australia feedback or make a complaint.
FSG Australia Purchase Terms – Services (Activities) last updated on updated on 14 March 2016.