FilesFrom Terms & Conditions

By continuing the registration process and subsequently using FilesFrom, you agree that your use of FilesFrom is governed by the terms set out below and that these terms form a Service Agreement between you and FilesFrom.


1. Licence

Under this agreement, you acquire a non-exclusive, non-transferable licence to use FilesFrom on the terms and conditions set out in this document.


2. Ownership

We retain all intellectual property and other ownership rights in FilesFrom and in any support material or documentation concerning FilesFrom.


6. Authorised use of FilesFrom

You must only use FilesFrom in accordance with these terms and conditions and any procedures, instructions or guidelines issued by us. We reserve the right to suspend or cancel your account if you do not comply with these instructions, or instructions given to you by our support staff. You must not attempt (nor permit anyone else) to reproduce, translate, decompile, disassemble or reverse engineer any software which comprises part of FilesFrom or do any act which infringes the copyright in any such software.


7. Availability

FilesFrom is an Internet-based technology. While we will make all reasonable efforts to ensure that FilesFrom is available 24 hours per day, 7 days per week, the nature of the Internet is such that this may not always be possible. We will give you prior notice by email of any scheduled maintenance to the system. We do not guarantee that you will be able to access FilesFrom at all times.


9. Support

Customer support is limited to emailing us questions about the use of FilesFrom at support@filesfrom.com. We will endeavour to respond as we are able.


10. Liability

(a) All express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability or quality of, or title to, FilesFrom are negated and excluded.

(b) We give no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability or quality of, or title to, FilesFrom (including any software comprising it or data contained in or supplied in relation to it or reports generated or produced by or with the aid of it).

(c) You acknowledge and agree that we are not liable for any loss or damage, including consequential loss or damage, which in any way results from your use or non-use of FilesFrom (including as a result of any malfunction, breakdown or error in FilesFrom).

(d) You will indemnify us and keep us indemnified against all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of your use of FilesFrom and all and any losses, costs, expenses and damages whatsoever and howsoever incurred by us in connection with or arising out of a breach by you of any provision of this Agreement.

(e) Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by consumer protection legislation in force in any jurisdiction where this Agreement is executed and which is not permitted to be excluded, restricted or modified. Where we breach a condition or warranty which has been implied by such legislation, our liability for breach will be limited to (where permissible by the legislation):

(i) in the case of supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent materials, or the payment of the costs of having the goods repaired; and

(ii) in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again, whichever we see fit to provide.


11. Termination

We may immediately terminate this Agreement if you breach any term or condition of this Agreement or any provision of this Agreement is held invalid by a court or is severed by operation of law. We may terminate this Agreement for any reason by giving you 14 days notice by email. You may terminate this Agreement at any time by notice to us.


12. Assignment

You may not assign, transfer, encumber, mortgage or licence all or any part of this Agreement or any of your rights, benefits or obligations under it in any way without our prior written consent. We may assign any of its rights, benefits or obligations under this Agreement to any other person.


13. Waiver

Failure or neglect by either party to enforce at any time any of the provisions of this Agreement is not to be construed or deemed to be a waiver of that party's rights under this Agreement.


14. Governing law

This Agreement is governed by and to be construed in accordance with the laws of Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.


15. Interpretation

(a) This document contains the entire understanding between the parties as to the licence of the Software. The expiration or termination of this Agreement does not affect the rights of either party against the other in respect of anything done or omitted to be done under this Agreement prior to the expiration or termination or any sums or other claims outstanding at the time of expiration or termination. A reference to a person includes a reference to a firm, corporation or other corporate body.

(b) "We" or "us" means FilesFrom and its successors and assigns.

(c) "You" or "your" means the person licensed to use FilesFrom and includes any licensed corporation which enters into this Agreement by the conduct of an officer, employee or agent of the corporation.

(d) "FilesFrom" means the Internet-based file delivery system available at www.filesfrom.com, as updated and modified from time to time.