Terms and Conditions

1.  About the Finntack Australia B2B Portal

• Welcome to b2b.finntack.com.au (the 'Finntack Australia B2B Portal'). The Finntack Australia B2B Portal provides approved wholesale customers ('you') with an opportunity to browse and purchase various products that have been listed for sale through the Finntack Australia B2B Portal (the 'Products'). The Finntack Australia B2B Portal provides this service by way of granting you access to the content on the Finntack Australia B2B Portal (the 'Purchase Services').
• The Finntack Australia B2B Portal is operated by Finntack Australia Pty Ltd (ABN 89 119 004 901). Access to and use of the Finntack Australia B2B Portal, or any of its associated Products or Services, is provided by Finntack Australia Pty Ltd. Please read these terms and conditions (the 'Terms').
• Finntack Australia Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Finntack Australia Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2.  Acceptance of the Terms

• Using and/or browsing the Finntack Australia B2B Portal signifies that you have read, understood, accepted and agree to be bound by the Terms.
• If you do not agree with the Terms, you must cease usage of the Finntack Australia B2B Portal, and any of its associated Services, immediately.

3.  Registration to use the Purchase Services

• In order to access the Purchase Services, you must first register as a user of the Finntack Australia B2B Portal. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  • Email address
  • Mailing address
  • Telephone number
• You warrant that any information you give to Finntack Australia Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
• Once you have completed the registration process, you will be a registered member of the Finntack Australia B2B Portal ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
• You may not use the Purchase Services and may not accept the Terms if:
  • you are not of legal age to form a binding contract with Finntack Australia Pty Ltd; or
  • you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4.  Your obligations as a Member

• As a Member, you agree to comply with the following:
  • the Terms;
  • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Finntack Australia Pty Ltd of any unauthorised use of your password or email address, or any breach of security of which you have become aware;
  • access and use of the Finntack Australia B2B Portal is limited, non-transferable and allows for the sole use of the Finntack Australia B2B Portal by you for the purposes of Finntack Australia Pty Ltd providing the Purchase Services;
  • you will not use the Purchase Services or Finntack Australia B2B Portal for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email, or unauthorised framing of or linking to the Finntack Australia B2B Portal;
  • you agree that legal action may be taken by Finntack Australia Pty Ltd for any illegal or unauthorised use of the Finntack Australia B2B Portal; and
  • you acknowledge and agree that any automated use of the Finntack Australia B2B Portal or its Purchase Services is prohibited.

5.  Purchase of Products and Returns Policy

• In using the Purchase Services to purchase the Product through the Finntack Australia B2B Portal, you agree to the payment of the purchase price listed on the Finntack Australia B2B Portal for the Product (the 'Purchase Price').
• Payment of the Purchase Price may be made through Stripe (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.
• Finntack Australia Pty Ltd may record your purchase details for future use.
• Finntack Australia Pty Ltd may, at its sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6.  Pricing and Availability

• All prices listed on the Finntack Australia B2B Portal are wholesale prices excluding GST, unless stated otherwise.
• Finntack Australia Pty Ltd makes no guarantee whatsoever regarding the accuracy of pricing listed on the Finntack Australia B2B Portal. 
• Finntack Australia Pty Ltd reserves the right to cancel any orders placed for products listed at an incorrect price, whether or not the order has been confirmed and/or accepted.
• Pricing of goods is subject to change at any time without notice.
• Finntack Australia Pty Ltd makes no guarantee whatsoever regarding the availability of any products listed on the Finntack Australia B2B Portal, regardless of whether the product is described as being in stock or not.
• Finntack Australia Pty Ltd reserves the right to cancel any orders placed for products that are out of stock, whether or not:
  • the order has been confirmed and/or accepted; and
  • the products are described as being in stock. 

7.  Warranty 

• Finntack Australia Pty Ltd's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
• You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 12 months from the date of purchase (the 'Warranty Period').
• In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Finntack Australia Pty Ltd showing the date of purchase of the Products, and provide a description of the Products and the price paid for the Products by sending written notice to Finntack Australia Pty Ltd by email at sales@finntack.com.au.
• Where the Warranty Claim is accepted then Finntack Australia Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour.
• The Warranty shall be the sole and exclusive warranty granted by Finntack Australia Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
• All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
• The Warranty does not apply to any appearance of the supplied Products, nor to the additional excluded items set forth below, nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

8.  Delivery

• You acknowledge that the Purchase Services offered by Finntack Australia Pty Ltd integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
• In providing the Purchase Services, Finntack Australia Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Finntack Australia Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
• In the event that an item is lost or damaged in the course of the Delivery Services, Finntack Australia Pty Ltd asks that you:
  • contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
  • contact us by sending an email to sales@finntack.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services. 

9.  Copyright and Intellectual Property

• The Finntack Australia B2B Portal, the Purchase Services and all of the related products of Finntack Australia Pty Ltd are subject to copyright. The material on the Finntack Australia B2B Portal is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Finntack Australia B2B Portal (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Finntack Australia Pty Ltd or its contributors.
• Finntack Australia Pty Ltd retains all rights, title and interest in and to the Finntack Australia B2B Portal and all related content. Nothing you do on or in relation to the Finntack Australia B2B Portal will transfer to you:
  • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Finntack Australia Pty Ltd; or
  • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
• You may not, without the prior written permission of Finntack Australia Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Finntack Australia B2B Portal which are freely available for re-use or are in the public domain.

10.  Privacy

• Finntack Australia Pty Ltd takes your privacy seriously and any information provided through your use of the Finntack Australia B2B Portal and/or the Purchase Services are subject to Finntack Australia Pty Ltd's Privacy Policy, which is available on the Finntack Australia B2B Portal.

11.  General Disclaimer

• You acknowledge that Finntack Australia Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
• Finntack Australia Pty Ltd will make every effort to ensure a Product is accurately depicted on the Finntack Australia B2B Portal, however, you acknowledge that sizes, colours, logos and packaging may differ from what is displayed on the Finntack Australia B2B Portal.
• Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
• Subject to this clause, and to the extent permitted by law:
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  • Finntack Australia Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• Use of the Finntack Australia B2B Portal, the Purchase Services, and any of the products of Finntack Australia Pty Ltd (including the Delivery Services), is at your own risk.
• Everything on the Finntack Australia B2B Portal, the Purchase Services, and the Products of Finntack Australia Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Finntack Australia Pty Ltd (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Finntack Australia Pty Ltd) referred to on the Finntack Australia B2B Portal. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Finntack Australia B2B Portal, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Finntack Australia B2B Portal);
• costs incurred as a result of you using the Finntack Australia B2B Portal, the Purchase Services or any of the Products;
• the Content or operation in respect to links which are provided for your convenience;
• any failure to complete a transaction, or any loss arising from e-commerce transacted on the Finntack Australia B2B Portal; or
• any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

12.  Limitation of Liability

• Finntack Australia Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Finntack Australia Pty Ltd is the resupply of information or Purchase Services to you.
• You expressly understand and agree that Finntack Australia Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
• Finntack Australia Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Finntack Australia B2B Portal or in connection with the Purchase Services, whether posted or caused by users of the Finntack Australia B2B Portal, by Finntack Australia Pty Ltd, by third parties or by any of the Purchase Services offered by Finntack Australia Pty Ltd.
• You acknowledge that Finntack Australia Pty Ltd does not provide the Delivery Services to you and you agree that Finntack Australia Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

13.  Termination of Contract

• The Terms will continue to apply until terminated by either you or by Finntack Australia Pty Ltd as set out below.
• If you want to terminate the Terms, you may do so by:
  • notifying Finntack Australia Pty Ltd in writing at any time;
  • closing your accounts for all of the Purchase Services which you use, where Finntack Australia Pty Ltd has made this option available to you; and
  • settling any remaining balances owed to Finntack Australia Pty Ltd. 
• Finntack Australia Pty Ltd may at any time, terminate the Terms with you if:
  • you have breached any provision of the Terms or intend to breach any provision;
  • Finntack Australia Pty Ltd is required to do so by law;
  • the partner with whom Finntack Australia Pty Ltd offered the Purchase Services to you has terminated its relationship with Finntack Australia Pty Ltd or ceased to offer the Purchase Services to you;
  • Finntack Australia Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
  • the provision of the Purchase Services to you by Finntack Australia Pty Ltd is, in the opinion of Finntack Australia Pty Ltd, no longer commercially viable.
• Subject to local applicable laws, Finntack Australia Pty Ltd reserves the right to discontinue or cancel your membership to the Finntack Australia B2B Portal at any time and may suspend or deny, at its sole discretion, your access to all or any portion of the Finntack Australia B2B Portal or the Purchase Services without notice.
• When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Finntack Australia Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

14.  Indemnity

• You agree to indemnify Finntack Australia Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with using the Finntack Australia B2B Portal;
  • any direct or indirect consequences of you accessing, using or transacting on the Finntack Australia B2B Portal or attempts to do so and any breach by you or your agents of these Terms; and/or
  • any breach of the Terms.

15.  Dispute Resolution

• Compulsory:
  • If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
• Notice:
  • A party to the Terms claiming a dispute ('Dispute ') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
• Resolution:
  • On receipt of that notice ('Notice ') by the other party, the parties to the Terms ('Parties ') must within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by NSW Fair Trading;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in New South Wales, Australia.
• Confidential:
  • All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
• Termination of Mediation:
  • If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

16.  Venue and Jurisdiction

• The Purchase Services offered by Finntack Australia Pty Ltd is intended to be viewed by residents of Australia and New Zealand. In the event of any dispute arising out of or in relation to the Finntack Australia B2B Portal, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

17.  Governing Law

• The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

18.  Independent Legal Advice

• Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

19.  Severance

• If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.