FormPigeon, a SaaS inspection management platform. Except as specifically described below in THIRD PARTY SERVICES, the Form Pigeon services and Site (collectively, “Form Pigeon Network” or “Form Pigeon Services”) are operated by Form Pigeon Pty Ltd As Trustee for Form Pigeon Unit Trust and its corporate affiliates (collectively, “us”, “we”, “our” or “Form Pigeon”) and are made available through our website or the mobile version (together the “Site”). Your use of the Form Pigeon Services and the Site is governed by these Terms of Service (“Terms of Service” or “Agreement”), whether or not you are a registered subscriber to the Form Pigeon Services or the Site.
By clicking the box below You are signifying that You have read, understand and agree to be bound by the terms of this Agreement whether or not you are a registered subscriber to the FormPigeon Services or the Site. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these terms and conditions, You must not accept this Agreement and may not use the Site or the FormPigeon Services. This Agreement constitutes a binding agreement between You and FormPigeon. If You do not agree to the terms of this Agreement, You should immediately leave this Site and may not use the FormPigeon Services.
FormPigeon reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time with 30 days’ prior notice. If we do this, we will post the changes to these Terms of Service on this page with 30 days’ prior notice and will indicate at the top of this page the date these terms were last revised. Your continued use of the FormPigeon Services or the Site after any such changes constitutes your acceptance of the new Terms of Service.
If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the FormPigeon Services or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE OR PURCHASING AND/OR USING SERVICES OFFERED BY FormPigeon. THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
When You subscribe to the FormPigeon Services and or the Site, we save your credit card number. Unless You terminate your subscription, Your credit card will be automatically charged each time You upgrade Your subscription by adding a product.
If Your credit card information changes, You must update credit card information in the Account Settings in your FormPigeon account. If FormPigeon is not able to charge Your credit card as described above, Your subscription will be terminated as of the end of Your then current subscription term.
Our FormPigeon Services are those FormPigeon Services that We make available to You as a member of the FormPigeon Network through Our Site or otherwise.
FormPigeon reserves the right to change, modify, suspend or discontinue all or any portion of the Site or any of the FormPigeon Services, in its sole discretion, with 30 days’ prior notice. FormPigeon may also impose limits on certain features or restrict Your access to parts of or the entire Site in its sole discretion and without notice or liability.
FormPigeon may change pricing for the FormPigeon Services at any time. You will be notified, in writing, at least 30 days before any increase in service fees beyond the then current pricing. If you are a Supplier and your subscription changes to a new pricing tier, you will be notified at least 30 days before the price increase takes effect. This Agreement (including the changed pricing) will remain in effect unless You deliver written notice of termination to FormPigeon within 30 days following such notice.
You understand that all information, data, text, software, graphics, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. FormPigeon does not control the Content posted on the Site, or made available through the FormPigeon Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the FormPigeon Services and/or Site, You may be exposed to Content that You may consider to be offensive, indecent or objectionable. Under no circumstances will FormPigeon be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not rely on any Content created by FormPigeon or submitted to FormPigeon.
You acknowledge, consent and agree that FormPigeon may access, preserve and disclose Your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
FormPigeon may make third party services available to You through the Site (“Third Party Services”). Use of Third Party Services is governed by the terms provided by the supplier of the Third Party Services. FormPigeon assumes no liability or responsibility whatsoever for Third Party Services You elect to use. You may not install or use any Third Party Services in a manner that creates any obligations for FormPigeon. Solely for Your convenience, FormPigeon may include charges for the Third Party Services as part of Your subscription.
You are granted a limited non-exclusive, non-transferable, revocable license to access and use the FormPigeon Services and Content for which you have a valid subscription strictly in accordance with this Agreement solely for Your legitimate internal business purposes. Only Employees authorised by the subscribing Client or Supplier may access and use the FormPigeon Services and Site. Any use of the FormPigeon Services or Content other than as specifically authorised herein, without the prior written permission of FormPigeon, is strictly prohibited. Unless explicitly stated, nothing in this Agreement shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise. This licence is revocable at any time without notice and with or without cause.
You may not:
“User Content” includes all Content that You may upload or submit to FormPigeon in connection with Your use of the FormPigeon Services and Site. You, and not FormPigeon, are entirely responsible for all User Content that You upload, post, email, transmit or otherwise make available through the FormPigeon Services or the Site. You shall be solely responsible for your own User Content and the consequences of submitting such User Content.
You hereby grant to FormPigeon a non-exclusive, transferable, fully-paid, worldwide, perpetual, irrevocable license and right:
Notwithstanding the foregoing, if You are a Supplier and have submitted User Content, You acknowledge and We agree that:
Our consortium Client members of the FormPigeon Network may add Your account to the approved “Supplier List” of such Client. This generates a notification email to Your primary user, stating which Client added You to its approved Supplier List and when. If You do not wish to associate Your account with that Client, You may remove Your account from their approved Supplier List by contacting Us, in which case the Client will be notified that You requested to be removed from such Client’s approved Supplier List.
We are not responsible for record retention with respect to Your records or any information You provide to Us in connection with Your use of the FormPigeon Services and Site. Unless, prior to our disposal of any of Your information, You specifically request in writing to have any of Your documentation returned to You, We have the right to dispose of such information without returning such information to You.
FormPigeon (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the FormPigeon Services (and all of the underlying technology, software and analytics), and Content provided by FormPigeon (but excluding Your User Content), any models, methods, algorithms, discoveries, inventions, modifications, customisations, enhancements, extensions, derivatives, materials, ideas and other work product that is conceived, originated or prepared in connection with the FormPigeon Services or the Site or related to this Agreement.
FormPigeon and other FormPigeon graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of FormPigeon in Australia and/or other countries. FormPigeon's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FormPigeon.
You represent, warrant, and covenant that:
Our “Confidential Information” is defined as:
You shall not use or disclose any of Our Confidential Information for any purpose other than for Your legitimate internal business purposes as necessary to realise the benefits of the FormPigeon Services offered by Us to You. You will use the same degree of care that You use to protect Your own confidential information of a like kind (but not less than reasonable care). You will limit access to Our Confidential Information to those employees and personnel who need that access for purposes consistent with realising the benefits of the FormPigeon Services and Site as offered by Us to You.
You agree to defend, indemnify and hold harmless FormPigeon and Our officers, directors, members, managers, employees, agents, successors and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable legal fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (“Loss”) arising out of or resulting from any third party claim, suit, action or proceeding arising out of or resulting from Your use of the FormPigeon Services or Site, including, but not limited to, any third party claim, suit, action or proceeding arising out of such third party accessing the Content provided by You in connection with Your use of the FormPigeon Services or Site.
To the maximum extent permitted by law, in no event will FormPigeon be liable to you for any loss of use, revenue, or profit or loss of data or for any indirect, consequential, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not we have been advised of the possibility of such damages. To the maximum extent permitted by law, FormPigeon’s aggregate liability arising from or relating to this Agreement shall not exceed the amounts actually paid by or due from You in the twelve (12) month period immediately preceding the event giving rise to such liability.
Subject to the following paragraph and to the maximum extent permitted by law, You acknowledge and agree that FormPigeon makes no warranty of any kind, whether express, implied, statutory or otherwise, and we specifically disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, correctness, completeness or correspondence with description and any warranty arising from a course of dealing, usage, or trade practice. All services provided by FormPigeon hereunder are performed and provided on an “as-is” and “as available” basis.
Where a mandatory term is implied by law or a mandatory consumer guarantee applies to goods or services provided in connection with this Agreement, the mandatory term or mandatory consumer guarantee shall be deemed to be included in this Agreement. However, FormPigeon's liability for any breach of such guarantee, condition or warranty shall be limited, at FormPigeon's option, to one or more of the following:
You acknowledge that access and use of the FormPigeon Services and/or Site (including the software operating in connection with the Site) may be interfered with by factors outside of FormPigeon's control.
Your right to access and use the FormPigeon Services and the Site will continue until terminated. If You breach any of these Terms of Service, FormPigeon may immediately terminate Your access to the FormPigeon Services and the Site by giving notice to You. You may terminate Your access to the FormPigeon Services and the Site by written notice to FormPigeon. Upon termination of Your access to the FormPigeon Services and the Site for any reason, You shall cease all use of the FormPigeon Services and the Site.
Unless otherwise required by law, termination of this Agreement for any reason will not entitle You to any refund of amounts paid in relation to Your use of the FormPigeon Services or the Site.
This Agreement is governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of its courts and the courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.
FormPigeon has designed the FormPigeon Services and the Site for use only within Australia and makes no warranties, guarantees or representations with regard to use by persons accessing, downloading or otherwise using the FormPigeon Services and/or the Site outside Australia.
The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded.
You and We are independent contractors to each other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between Us.
You may not assign or delegate Your rights or obligations under this Agreement without the prior written consent of FormPigeon. FormPigeon may assign its rights and obligations under this Agreement including without limitation, in connection with the sale of FormPigeon, whether by merger, asset sale, stock sale or otherwise. Further, FormPigeon may perform any or all of its obligations through an affiliate or a third party contractor.
Any provisions of this Agreement which are intended by their nature to survive termination or expiration shall so survive.
provision of this Agreement that is held to be invalid, illegal or unenforceable will be deleted from this Agreement and the remaining provisions will continue in full force and effect.
The terms of this Agreement are applicable for all users of the Site and FormPigeon Services. However, in order to properly govern additional terms of Your use of the Site and the FormPigeon Services, below are links to supplemental terms, which are hereby incorporated into this Agreement by this reference.