Terms of Use

1. INTRODUCTION

  1. (a) These Terms of Use (Terms) govern your use of (including your access to) Finito, including all of our websites and software applications that incorporate or link to these Terms (collectively, the Finito Service) and any articles, videos, podcasts, or other material that is made available through the Finito Service (Content).
  2. (b) Use of the Finito Service may be subject to additional terms and conditions presented by Finito. Additional terms are incorporated by this reference into these Terms.
  3. (c) By accessing the Finito Service, you agree to these Terms. If you do not agree to these Terms, then you must not access or use the Finito Service.

1.2 Service Provider

  1. These Terms are between you and Finito Australia Pty Ltd (Finito).

1.3 Age and eligibility requirements

  1. (a) In order to use the Finito Service and access any Content, you must:
  1. (i) be 18 years of age or older;
  2. (ii) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and
  3. (iii) reside in Australia.
  • (b) In order to use the Finito Service and access any Content, you must:

2. THE FINITO SERVICE

2.1 Finito Service Options

  1. (a) We provide different Finito Service options. Certain Finito Service options are provided free-of-charge, while other options require payment before they can be accessed (Paid Subscriptions). We may from time to time offer special promotional plans, memberships, or services.
  2. (b) We will explain which services are available to you when you are signing up for the services.

    2.2 Third Party Applications, Devices and Open Source Software

    1. (a) The Finito Service may be integrated with, or may interact with, third party applications, websites, and services (Third Party Applications) and third party computers, mobile devices, tablets, and other devices (Devices). Your use of such Third Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Finito does not guarantee that Third Party Applications and Devices will be compatible with the Finito Service.
      • (b) We are not responsible for any products and services provided by such third parties.

      2.3 Service Limitations and Modifications

      1. (a) We use reasonable care and skill to keep the Finito Service operational. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you. This includes, without limitation:
      1. (i) the Finito Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
      2. (ii) we may modify, suspend, or stop (permanently or temporarily) providing all or part of the Finito Service (including particular functions, features, subscription plans and promotional offerings).
      3. (iii) reside in Australia.
      • (b) In order to use the Finito Service and access any Content, you must:

      2.2 Third Party Applications, Devices and Open Source Software

      1. (a) The Finito Service may be integrated with, or may interact with, third party applications, websites, and services (Third Party Applications) and third party computers, mobile devices, tablets, and other devices (Devices). Your use of such Third Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Finito does not guarantee that Third Party Applications and Devices will be compatible with the Finito Service.
      1. (i) be 18 years of age or older;
      2. (ii) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and
      3. (iii) Finito has no obligation to provide any specific content through the Finito Service, and Finito or the applicable owners may remove any Content without notice.
      • (b) Finito has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.

      3. YOUR USE OF THE FINITO SERVICE

      3.1 Creating a Finito account

      1. (a) You may need to create a Finito account to use all or part of the Finito Service.
      2. (b) Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorised use) of your username and password. Notify us immediately if your username or password is lost or stolen, or if you believe there has been unauthorised access to your account.
      3. (c) Finito may reclaim, or require you to change, your username for any reason

        3.2 Your rights to use the Finito Service

        1. (a) Access to the Finito Services
          ‍
          Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Finito Service and the Content (collectively, Access). This Access shall remain in effect unless and until terminated by you or Finito. You agree that you will not redistribute or transfer the Finito Service or the Content. You agree not to use the Finito Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
          • (b) Finito's Proprietary Rights.

            The Finito Service and the Content are the property of Finito or Finito's licensors. Finito and its licensors retain ownership of all copies of the Finito Service and Content even after installation on your Devices.

            All Finito trademarks, service marks, trade names, logos, domain names, and any other features of the Finito brand (Finito Brand Features) are the sole property of Finito or its licensors. These Terms do not grant you any rights to use any Finito Brand Features whether for commercial or non-commercial use.

          3.3 Your warranties and representations

          1. This section applies to the fullest extent permitted by applicable law.
          1. You warrant to us that:
          2. (a) any registration information you have submitted to Finito is true, accurate and complete and you will notify us if any registration information changes;
            • (b) you are the sole proprietor of any content you cause to be posted or published or otherwise made available on Finito;
            • (c) any material that you cause to be posted, published or otherwise made available on Finito does not infringe any existing copyright or other rights of any person, and does not form part of any exclusivity arrangement;
            • (d) you will not cause any material to be posted, published or otherwise made available on Finito which, to your knowledge, is offensive, defamatory or unlawful;
            • (e) you will not cause any material to be posted, published or otherwise made available on Finito in the form of advice, instruction, recipe or formula will if implemented by any person cause injury, damage or loss to any person;
            • (f) you will comply with all applicable laws and regulations as they relate to you under these Terms and conditions; and
            • (g) you will not cause any material to be posted or published or otherwise made available on Finito that may be construed as financial advice or a credit activity under the Corporations Act 2001 (Cth) or the National Consumer Credit Protection Act 2009 (Cth), unless you have the appropriate licences with appropriate authorisation to provide that advice.

            3.4 Finito’s warranties and representations

            1. This section applies to the fullest extent permitted by applicable law.
            1. (a) Finito will provide the Finito Service using reasonable care and skill and in accordance with any specification of the Finito Service provided by Finito, however, the Finito Service is provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory.
            2. (b) Finito makes the Finito Services available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about:
            1. (i) the accuracy, reliability or timeliness or otherwise, of the information contained on the Finito Services or in the Content or linked sites; and
            2. (ii) the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Finito Services or in the Content, or on any linked sites.
            • (c) Finito makes no representation regarding, nor does it warrant or assume any responsibility for, any third party applications (or third party content), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Finito Service or any hyperlinked website, and Finito is not responsible for any transactions between you and any third party providers of the foregoing.
            • (d) We do not warrant, guarantee or make any representation that:
            1. (i) the Finito Service or Content is free of malware or other harmful components;
            2. (ii) the functions contained in any software contained on the Finito Service will operate uninterrupted or are error-free; and
            3. (iii) errors and defects in the Finito Service will be corrected.
            • (e) No advice or information whether oral or in writing obtained by you from Finito shall create any warranty on behalf of Finito. While using the Finito Service, you may have access to explicit content filtering features, but use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content.

            3.5 Warranty disclaimers

            1. Certain statutory rights (including under the Australian Consumer Law) cannot be excluded. The exclusion and limitations in this section may not apply to you and nothing will affect your statutory rights (including under the Australian Consumer Law).

            3.6 Uploading information

            1. You represent and warrant in relation to any material or information you provide to the Finito Service that:
            1. (a) you are authorised to provide the material or information;
            2. (b) the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
            • (c) the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
            • (d) the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright;
            • (e) the material will not constitute financial advice or a credit activity under the Corporations Act 2001 (Cth) or the National Consumer Credit Protection Act 2009 (Cth), unless you have the appropriate licences with appropriate authorisations to provide that advice; and
            • (f) the material or information does not infringe any legislation or regulations of Australia including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law and any other parliament competent to legislate in relation to the Finito Service or any law in any country where the material or information is or will be available electronically to users of the Finito Service.

            3.7 Payments and cancellation

            1. (a) Billing
            2. Youmay purchase a Paid Subscription directly from Finito by:
            1. (i) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
            2. (ii) pre-payment giving you access to the Finito Service for a specific time period (Pre-Paid Period).
            • Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
            • (b) Price and tax changes
            • Finito may from time to time change the price for the Paid Subscriptions, including recurring subscription fees and the Pre-Paid Period (for periods not yet paid) and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change.
            • Subject to applicable law, by continuing to use the Finito Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
            • Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the account information you provide.
              • (c) Renewal and Cancellation
              • With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Finito will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period.
              • The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Finito Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
              • If you have prepaid fees directly to Finito for a Paid Subscription that Finito discontinues prior to the end of your Pre-Paid Period, Finito will refund you the prepaid fees for the Pre-Paid Period for any unused part of your then current Paid Subscription after such discontinuation. Your account and billing information must be up to date in order for us to refund you.

              3.8 Withdrawal right

              1. If you purchase a Paid Subscription, you agree you have fourteen (14) days after your purchase to withdraw for any reason and must pay us for the Finito Services provided up until the time you tell us that you have changed your mind. You expressly consent to us providing you with the service immediately following your purchase, that you lose your right of withdrawal, and authorise Finito to charge you automatically each month until you cancel.

              3.9 User Guidelines & Finito Policy

              1. (a) In using the Finito Service, you must comply with any user guidelines created by Finito from time to time, as well as all applicable laws, rules, and regulation, and respect the intellectual property, privacy, and other rights of third parties.
                • (b) You agree to comply with any policy relating to the use of Finito Content and the Finito Service (Finito Policy) notified to you by us from time to time. For the purposes of this clause, Finito Policy is taken to have been notified to you where the Finito Policy is posted on the Finito Service, whether or not you are individually notified of the Finito Policy

                4. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

                4.1 User content

                1. (a) The content you post on the service
                2. Finito users may post, upload, or otherwise contribute content to the Finito Service (User Content). For the avoidance of doubt, User Content includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Finito Service by users.
                3. You are solely responsible for all User Content that you post. You promise that, with respect to any User Content you post on Finito,
                1. (i) you own or have the right to post such User Content;
                2. (ii) such User Content, or its use by Finito pursuant to the license granted below, does not:
                1. (A) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or
                2. (B) imply any affiliation with or endorsement of you or your User Content by Finito or any other individual or entity without the prior express written consent from Finito or such individual or entity.
                1. User Content or other information on the Finito Service will be publicly accessible and may be used and re-shared by others on the Finito Service and across the web.  Finito is not responsible for what you or others post or share on the Finito Service.
                2. (b) Monitoring user content
                3. Finito may, but has no obligation to, monitor or review User Content. Finito reserves the right to remove or disable access to any User Content for any or no reason. Finito may take these actions without prior notification to you.

                  4.2 Licenses that you grant us

                  1. (a) User Content
                    ‍
                    You retain ownership of your User Content when you post it to the Finito Service. You hereby grant to Finito a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Finito Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
                    • (b) Feedback

                      If you provide ideas, suggestions, or other feedback in connection with your use of the Finito Service or any Content (Feedback), such Feedback is not confidential and may be used by Finito without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
                    • (c) Your Device

                      You grant us (and our business partners) the right:
                    1. (i) to allow the Finito Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Finito Service; and
                    2. (ii) to provide advertising and other information to you as permitted in accordance with the Finito Privacy Policy.

                    4.3 Content experience

                    1. In any part of the Finito Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Finito's agreements with third parties. Some Content licensed by, provided to, created by, or otherwise made available by Finito (e.g., podcasts) may incorporate advertising, and Finito is not responsible for any such advertising.

                    4.4 Infringement claims

                    1. If you believe that any Content infringes your copyright or intellectual property rights, please contact us.

                    5. CUSTOMER SUPPORT, INFORMATION, QUESTIONS AND COMPLAINTS

                    1. If you require support with account or payment, or if you have any questions concerning the Finito Service or these Terms (including any additional Finito terms and conditions incorporated herein), please contact us hello@finito.com.au.

                    6. PROBLEMS AND DISPUTES

                    6.1 Suspending and terminating the Finito Services

                    1. (a) These Terms will continue to apply to you until terminated by either you or Finito
                    1. (i) Finito may terminate these Terms (including any additional terms and conditions incorporated by reference) or suspend your Access to the Finito Service at any time if we believe you have breached any of these Terms, if we stop providing the Finito Service or any material component of the Finito Services on reasonable notice to you, or as we believe necessary to comply with applicable law.
                    2. (ii) You may terminate these Terms at any time, in which case you may not continue accessing or using the Finito Service.
                      1. (b) If you or Finito terminate these Terms, or if Finito suspends your access to the Finito Service, you agree that Finito shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms or as required by any applicable law) Finito will not refund any amounts that you have already paid.

                        6.2 Survival of Termination

                        1. The following sections of these Terms, as well as any portion that either explicitly, or by their nature must remain after termination, and shall survive termination are:
                        1. (a) Section 2 (The Finito Service Provided by Us);
                        2. (b) Section 3 (Your Use of the Finito Service);
                        3. (c) Section 4(Content and Intellectual Property Rights);  and
                        4. (d) Section 6 (Problems and Disputes)

                          6.3 Limitation of Liability

                          1. (a) Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Finito Service is to uninstall any Finito software and to stop using the Finito Service.
                          2. (b) You agree that Finito has no obligation or liability arising from or related to third party applications or the content made available through or in connection with the Finito Service, and while your relationship with such third party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, with respect to Finito, for any problems or dissatisfaction with any third party applications or third party content, is to uninstall or stop using such third party applications.
                          3. (c) We are not liable to you for:
                          1. (i) errors or omissions in the Finito Service or Content, or linked sites;
                          2. (ii) delays to, interruptions of or cessation of the services provided in the Finito Service or Content, or linked sites; and
                          3. (ii) defamatory, offensive or illegal conduct of any user of the Finito Service;
                          1. whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
                          1. (d) In no event will Finito, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for:
                          1. (i) any indirect, special, incidental, punitive, exemplary, or consequential damages;
                          2. (ii) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Finito Service, devices, third party applications, or third party application content; or
                          3. (ii) any loss of profits or any damages of any kind recognised by law (even if Finito has been advised of the possibility of such loss or profits or damages) which are the consequence of you:
                          1. (A) acting, or failing to act, on any information contained on or referred to on the Finito Services or in the Content or any of the linked websites; and
                          2. (B) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Finito Services or in the Content or any linked sites.
                          1. (iv) aggregate liability for all claims relating to the Finito Service, third party applications, or third party application content more than the greater of:
                          1. (A) the amounts paid by you to Finito during the twelve months prior to the first claim; or
                          2. (B) $30.00. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
                          1. (e) For clarification, these Terms do not limit Finito's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation and for any other liability that, by applicable law, may not be limited or excluded.

                          6.4 Third Party Rights

                          1. (a) You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Finito, and in no event shall these Terms create any third party beneficiary rights.
                          2. (b) If you have downloaded any of our mobile software applications (each, an App) from the Apple Inc. (Apple) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple.

                            These Terms are between you and Finito only, not with Apple, and Apple is not responsible for the Finito Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Finito Service. In the event of any failure of the Finito Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Finito Service. Apple is not responsible for addressing any claims by you or any third-party relating to the Finito Service or your possession or use of the Finito Service, including:
                          1. (i) product liability claims;
                          2. (ii) any claim that the Finito Service fails to conform to any applicable legal or regulatory requirement;
                          3. (ii) claims arising under consumer protection or similar legislation; and
                          4. (iv) claims with respect to intellectual property infringement.
                          1. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Finito Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Finito Service. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

                          6.5 Indemnification

                          1. You agree to indemnify and hold Finito harmless from and against any direct losses, damages, and reasonable expenses (including reasonable legal fees and costs) suffered or incurred by Finito arising out of or related to: (1) your breach of any of these Terms (including any additional Finito terms and conditions incorporated herein), including but not limited to any privacy or intellectual property breaches; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Finito Service; and (4) your violation of any law or the rights of a third party.

                          7. GENERAL TERMS

                          1. Under applicable law, you may have certain rights that cannot be limited by a contract. These Terms are in no way intended to restrict those rights.

                          7.1 Dispute Resolution

                          1. (a) The parties must:
                          1. (i) negotiate in good faith to settle, as soon as practicable, any Dispute; and
                          2. (ii) if the parties are unable to resolve the Dispute within 20 Business Days of notice being or such other period agreed by the parties, either:
                          1. (A) appoint a mediator to mediate the Dispute; or
                          2. (B) if the parties are unable to agree on a mediator, refer the Dispute for mediation to a mediator nominated by the Chairman of the Resolution Institute or the Chairman’s nominee.
                          1. (b) Unless the parties otherwise agree, any mediation will take place in Sydney under the Mediation Rules of the Law Society of New South Wales then in force.
                          1. (c) The parties will share equally the mediator’s fees and disbursements and other costs of the mediations.
                          1. (d) Each party will meet its own costs of and in connection with the mediation
                          1. (e) Where the parties are unable to resolve their dispute through mediation, and except where such restriction is prohibited under applicable law, any claim arising under these Terms:
                          1. (i) must be commenced by filing a claim with the Courts  within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and
                          2. (ii) there shall be no right to any remedy for any claim not asserted within that time period.

                          7.2 Governing Law &Jurisdiction

                          1. (a) These Terms of Use will be governed by and interpreted in accordance with the state law of New South Wales, Australia, without giving effect to any principles of conflicts of laws.
                          2. (b) You agree to the jurisdiction of the courts of New South Wales, Australia to determine any dispute arising out of these Terms of Use.

                          7.3 Changes

                          1. (a) We may make changes to these Terms (including any additional Finito terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting revised Terms on the Finito Service.
                          2. (b) Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other Finito terms and conditions, incorporating such changes, or otherwise notified you of such changes.
                          3. (c) Your use of the Finito Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Finito Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

                          7.4 Entire Agreement

                          1. Other than as stated in this section or as explicitly agreed upon in writing between you and Finito, these Terms constitute all the terms and conditions agreed upon between you and Finito and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

                          7.5 Severability and Waiver

                          1. (a) If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
                          2. (b) Any failure by Finito or any third party beneficiary to enforce these Terms or any provision thereof shall not waive Finito's or the applicable third party beneficiary's right to do so.

                          7.6 Assignment

                          1. Finito may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.