These Terms and Conditions of Use Agreement (the “Terms of Use”) constitute an Agreement between you (the “End User”, or “You”) and Financial Crimes Consulting (ABN: 49 149 878 875) of 8 High Street, Manly Sydney, NSW 2095 Australia with respect to the End Users’ use of the www.antibriberyhealthcheck.com or www.financialcrimesconsulting.com websites (the “Site” or “Sites”) to which the End User purchases any of the products and services based on the terms and conditions outlined below.

1. Terms of Use

A. These Terms of Use will govern your usage of the www.antibriberyhealthcheck.com website and associated products and services (the Site)

B. End users also agree to comply with any additional terms which apply to third-party content, material, information, software or other services.

C. If there is conflict between these Terms of Use and the terms posted for a specific service, feature or transaction offered on the Site, the latter terms shall apply with respect to the specific service, feature or transaction.

D. Clicking “Free Trial”, “Register” or “Sign In” signifies that you have read, understood, and agreed to these terms of use.  If you do not agree, do not click on the “Free Trial”, “Register” or “Sign In” buttons.

E. The contents contained within this site are provided for general information only and does not constitute the provision of professional advice. The content contains information that is intended to simplify the law for ease of comprehension. In addition, errors or omissions can occur in the preparation of content materials as a consequence of ongoing changes to compliance obligations and therefore should be used in this context only. Before any action or decision is taken on the basis of any materials the user should obtain appropriate independent professional advice. Links to other web sites are provided for the user’s convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service.

2. Modification of the Terms of Use

A. Financial Crimes Consulting may at any time at its sole discretion change, add or remove part or any part of these Terms of Use by posting amended Terms on the Site. If any modification is unacceptable to the End User, the End User must stop using the Site. Unless otherwise specifically set forth in the amended Terms, all changes will be effective upon the date the amended Terms are published on the Site. End Users continued use of the Site following the effective date will constitute binding acceptance of the Terms and agreement to be bound by the changes specified therein. It is the responsibility of the End User to frequently check and review the terms of this agreement so as to be aware of the most current terms of this agreement. If any new content, products or services become available, they will be considered a part of the Site and the End Users use of them will be governed by the terms of this Agreement.

3. Intellectual Property

A. All words, templates, diagrams, process flows, logos, logic, features (collectively known as “Content”), is owned or licensed by or to Financial Crimes Consulting, and is protected by copyright, trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms of Use as amended from time to time, no part of the Site and no Content may be downloaded, copied, reproduced, recorded, broadcast, distributed, uploaded, posted, altered to make new works, performed, digitised, or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without the prior express written consent of Financial Crimes Consulting. You agree to indemnify and hold harmless Financial Crimes Consulting for your failure to comply with this Section.

4. Licence to End User

A. For so long as the End User complies with these Terms of Use and providing this Agreement has not been terminated by either party in accordance with the Terms of Use, the End User is granted a licence to access such content as shall be specifically offered by Financial Crimes Consulting.  Such content is licensed only and not sold, notwithstanding use of the terms, “sell”, “purchase”, “order”, or “buy” on the site or in this agreement.  End Users do not obtain rights of ownership. The Site access is a non-exclusive, non-transferable, and non-sub-licensable licence to the End User for the End Users personal use. Copies may not be taken or distributed in any way to any other individual or entity.

B. Except as otherwise provided End Users may not re-work or re-digitise any Content or upload such Content to the Internet. End Users may not create any “derivative works” by altering any of the Content. End Users may not use the Content in conjunction with any other third-party content (e.g., to provide contents for a book or training materials) or otherwise exploit any such Content or for commercial purposes (including the sale of Content). End Users may not transfer or distribute Content.

C. End User shall promptly notify Financial Crimes Consulting in writing upon any discovery of any unauthorised use or infringement of the Site or its Content or Financial Crimes Consulting patent, copyright, trade secret, trademarks or other intellectual property rights.

D. End Users agree to indemnify, defend and hold harmless Financial Crimes Consulting for any failure to comply with this section.

E. Unless you notify Financial Crimes Consulting of any discrepancies in transactions within fourteen (14) days after they are first reported to you, such transactions will be deemed accepted by End User for all purposes, including resolution of inquiries made by your card issuer. End User releases Financial Crimes Consulting from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to Financial Crimes Consulting within fourteen (14) days of its first appearance.

F. Financial Crimes Consulting reserves the right, at any time, to change its fees and billing methods, including the addition of supplementary fees or separate charges for content, or for services provided by Financial Crimes Consulting, effective immediately upon Financial Crimes Consulting providing notice of the change in accordance with this agreement.  If any such change is unacceptable to the End User, the End User may terminate the Agreement.  Your continued use of the site following the effective date of a change to such fees and billing methods shall constitute your acceptance of such change.

G. On occasion, technical problems may delay or prevent usage of the site.  Whilst Financial Crimes Consulting operates the Sites from secure data centres with 24/7 backup facilities access cannot be guaranteed.

5. System Requirements

A. Use of the Site may require additional computer hardware, Internet access and certain software any or all of which may require the End User to make additional expenditures or pay fees. As use of the Site involves hardware, software, and Internet access, End Users ability to use the Service may be affected by the performance of these factors. End User acknowledges and agrees that system requirements may be changed from time to time and it is the responsibility of the End User to ensure that any changes necessary to enable the Site to operate effectively and efficiently are made.

6. Technological And Use Limitations

A. Financial Crimes Consulting will take what it believes to be reasonably commercial efforts to keep the Site operational. However, certain technical difficulties, routine site maintenance/upgrades and other events outside the control of Financial Crimes Consulting may, from time to time, result in temporary service interruptions. Financial Crimes Consulting also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Site with or without notice. You agree that Financial Crimes Consulting shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.

B. As the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of Content. Financial Crimes Consulting reserves the right to immediately and permanently terminate your access to the Service if Financial Crimes Consulting believes, correctly or incorrectly, that you are violating such limitation. In the event that End User is using an automated system to download Content, the End User shall be responsible to Financial Crimes Consulting for any losses suffered by Financial Crimes Consulting resulting either directly or indirectly from the breach of this Agreement.

C. End User will not directly or indirectly (by allowing others to use the End Users access to the Site); (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any information, data or materials posted and/or displayed by Financial Crimes Consulting or anyone else; (b) act in a way that affects or reflects negatively on Financial Crimes Consulting, the Site or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent.

D. End User is prohibited from violating or attempting to violate the security of the Site. Violations of system or network security or this Agreement may result in civil or criminal liability. Financial Crimes Consulting has the right to investigate occurrences, which may involve such violations and may involve, provide information to and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

7. Disclaimer of Warranties and Limitation of Liability

A. End User agrees that Financial Crimes Consulting will not be liable to End User or to any third party for termination of access to the Site.

B. Financial Crimes Consulting does not make, and herby disclaims, any representations or warranties regarding the site, the features, the content, the products and services offered through the site or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third part rights or any warranties arising by course of dealing or custom of trade.

D. Financial Crimes Consulting makes no representation that any material, content, features, products or services displayed on or offered through the site correspond to description, are accurate, complete, appropriate, reliable, or timely.

E.  Financial Crimes Consulting reserves the right not to post of publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.

F. Financial Crimes Consulting makes no representations or warranties that the service will meet end user requirements and/or access to and use of the site will be uninterrupted or error-free or viruses, malicious code, or other harmful components or otherwise secure.

G. Financial Crimes Consulting shall use reasonable efforts to protect information submitted to the end user in connection with the sire, but end user acknowledges and agrees that the submission of such information is at its sole risk, and Financial Crimes Consulting hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

H. To the maximum extent permitted by applicable law, neither Financial Crimes Consulting, its officers, its directors, its employees, its licensors, suppliers, partners, affiliates or third party service providers shall be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punative or consequential damages, or any other form of damages in any manner arising out of or in connection with this agreement or your use of this service, regardless of the form of action or the basis of the claim or whether or not Financial Crimes Consulting has been advised of the possibility of such damages.

I. Some jurisdictions do not allow the exclusion of certain warranties.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and exclusions may not apply to you.

J. In the event that any limitation of liability shall fail of its essential purpose, the maximum liability that Financial Crimes Consulting shall have is limited to any amounts actually paid to Financial Crimes Consulting by the end user.

8.  Indemnity

A. The End User of the site and/or any products and services contained herein indemnifies Financial Crimes Consulting and associated business partners or companies against all loss, damages, claims, liability, expenses, payments or outgoings incurred by or awarded against the End User arising directly or indirectly from:

(i) The End Users use of the compliance templates or other products.  For the avoidance of doubt, this means that if the End User is ever sued or the subject of criminal or civil penalties from other third parties and/or AML/CTF regulators, including but not limited to fines or compensation that Financial Crimes Consulting will be fully indemnified.

(ii) Any act or omission of Financial Crimes Consulting (including any negligence, unlawful conduct or wilful conduct) by Financial Crimes Consulting relating to this agreement or arising as a consequence of the performance or non-performance of the products or services, intellectual property infringement, breach of confidentiality, misleading and deceptive conduct or other legal liability).

(iii) Any action taken by international AML/CTF regulators (e.g. AUSTRAC, OFAC, HKMA, FSA, RBNZ, FMA etc.) or third parties against the End Users of the Site or any products or services, the End User indemnifies Financial Crimes Consulting against any liability and indemnifies and protects Financial Crimes Consulting against any liability as outlined in section 235 of the AML/CTF Act 2006 and other similar international AML/CTF legislation.

9. Termination

A. Either Financial Crimes Consulting or you may without prior notice terminate these Terms of Use for any reason at any time, with or without cause by providing notice to the End User at the contact e-mail address specified by the End User from time to time if the termination is by Financial Crimes Consulting or if the termination is by End User to fcc@financialcrimesconsulting.com.au with the word “Termination” in the subject matter line. In the case of termination Financial Crimes Consulting upon notice of termination being sent (but not necessarily received) termination shall be effective and the End Users right to use the Service shall immediately cease. In the case of a termination notice sent by End User, such notice shall be effective upon acknowledgement by Financial Crimes Consulting that the termination notice has been received.

B. Termination of this Agreement shall not relieve the End User of any obligations to pay any outstanding amounts due, including but not limited to any prorated charges accrued for a billing cycle in which this Agreement is terminated.

10. Dispute Resolution

A. End User agrees that all matters relating to access to or use of or purchases made from the Site, including all disputes arising out of these Terms of Use, will be governed by the laws of Australia and any hearing held in Australia without regard to conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises.

11. Various

A. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. In any event, the other provisions will remain in full force and effect.

B. Financial Crimes Consulting failure to enforce any provision in this Agreement will not constitute a waiver of such provision.