These Terms of Use ("Terms") govern your access to and use of the website at www.faaroglobal.com ("the Site") and any related services, tools, or content provided by Faaro (ABN 74 611 345 530) ("Faaro", "we", "us", or "our").
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after any modification constitutes your acceptance of the revised Terms.
These Terms apply to all visitors, users, and others who access the Site. Separate terms may apply to our subscription products and services, which will be set out in a separate service agreement or order form.
For the purposes of these Terms:
Authorised Users access the platform subject to both these Terms and the terms of their Customer's service agreement. In the event of a conflict between these Terms and the Customer's service agreement, the service agreement shall prevail for Authorised Users.
Faaro provides workforce technology integration services. We connect third-party workforce systems (HR, rostering, time tracking, and payroll) on behalf of Customers. We do not employ, manage, or make employment decisions regarding the Customer's workforce. All employment-related decisions remain solely the responsibility of the Customer.
All content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, is the property of Faaro or its content suppliers and is protected by Australian and international copyright laws.
The Faaro name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Faaro. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site except as follows:
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAARO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
Where the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) applies, our liability for breach of any consumer guarantee that cannot be excluded is limited to, at our option: (a) supplying the services again, or (b) paying the cost of having the services supplied again.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAARO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN ANY CASE, FAARO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE SHALL NOT EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100).
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY ARISING FROM (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW.
You agree to indemnify, defend, and hold harmless Faaro, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree not to:
If you are provided with, or choose, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You agree to:
You are responsible for all activities that occur under your account, whether or not you have authorised such activities. Faaro will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved as follows:
Before initiating any formal dispute resolution process, you agree to first contact us at privacy@faaroglobal.com and attempt to resolve the dispute informally for at least 30 days.
If informal resolution is unsuccessful, the dispute shall be finally resolved by binding arbitration administered in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall be conducted in Sydney, New South Wales, Australia.
The arbitration shall be conducted on an individual basis. You agree that any arbitration will be limited to the dispute between you and Faaro individually. To the fullest extent permitted by law:
Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, subject to the dispute resolution provisions above.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
No waiver by Faaro of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Faaro to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with our Privacy Policy and Cookie Policy, constitute the sole and entire agreement between you and Faaro regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
You may not assign or transfer these Terms, by operation of law or otherwise, without Faaro's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Faaro may freely assign or transfer these Terms without restriction.
Questions or concerns about these Terms should be directed to: