Welcome to FBES.NET
1. Hi,
we’re FBES.NET and welcome!
We’re happy to have you here and we hope you enjoy your stay. When we=
say
‘we’, ‘us’ or ‘FBES.NET’ it’s
because that’s who we are and we own and run the FBES.NET sites.
2. FBES.NET’s
ecosystem of digital marketplaces helps millions of people around the world=
get
trade analysis and earn. When you create an account and accept these terms =
you
become a member of our community. You will have
an FBES.NET account that will al=
low
you to buy and sell items like the ones found on the FBE=
S.NET
sites and make other related transactions.
3. The FBES.NET si=
tes
are platforms that allow members to buy and sell licenses to use digital it=
ems
like analysis reports, research reports and much more. On FBES.NET, buyers =
and
authors (sellers) transact with each other directly and we provide the plat=
form
to allow the transactions to happen. If you have an FBES.NET account, any
transactions are logged on your member’s statement, which records the
payments made by you to authors via FBES.NET (as a buyer) and by buyers via FBES.NET to you (as an author).
4. The items on FB=
ES.NET
are owned by the authors, not by us. The items on FBES.NET are uploaded at =
the
direction of the author. We provide the platform services; we do not take
ownership of the items.
5. During your time
with us you agree to follow the ground rules outlined in these terms so ple=
ase
read and understand them. If you don’t accept the terms then we’=
;ll
be sad, but you will need to leave because your presence on and use of the =
FBES.NET
sites is conditional on your acceptance to be bound by these terms and the&=
nbsp;whether
you become a member or not.
FBES.NET Websites
6. You can also ac=
cess
FBES.NET Websites via the FBES.NET sites. The products offered on FBES.NET
Websites (which include hosted theme and hosted starter site subscriptions)=
are
offered by
7. =
Preview Files: If you stream or download a preview file from our FBES.NET sites, you
agree that you will not remove any watermarking or other protective measures
from the preview file. You agree that you will use the preview file solely =
for
the purposes of evaluating a purchase from FBES.NET sites and not for any o=
ther
purpose.
How browsing and membership works
8. =
Browsing: You need to be 16 years or over to browse the FBES.NET sites. We
don’t knowingly collect any information from anyone aged 16 or under.
When browsing the sites you agree to follow our guidelines or instructions =
and
keep in mind that these terms apply to any use of our FBES.NET sites whethe=
r or
not you’re a member.
Membership
9. =
Age: You need to be 18 years or over to become a member or to buy items. If
you’re under 18 you will need to get a parent or guardian to buy item=
s or
use the account of a parent or legal guardian who is at least 18 years of a=
ge,
with their permission, and this adult will be responsible for all your
activities.
10. FBES.NET Account: Membership is free. When you become a member you get an FBES.NET acco=
unt
that is accessible from any of our FBES.NET sites (and is also your FBES.NET
account for other FBES.NET services). Your membership will allow you to
‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosyst=
em of FBES.NET
sites that help people get creative. Membership also gives you the opportun=
ity
to become an author or earn referral income
11. Your responsibility: You promise that information you give us is true,
accurate and complete and, if you sign up for an FBES.NET account, that you
will keep your account information up-to-date (including a current email
address). Your membership is not transferable, that means you cannot sell y=
our
account. You are responsible for any use of the FBES.NET sites including any
activity that occurs in conjunction with your username and password, if you
have an FBES.NET account, so keep your password secure and don’t let =
any
other person use your username or password. If you realise there’s any
unauthorized use of your password or any breach of security you need to let=
us
know immediately. You must not use a virtual private network or VPN or any
other means to avoid compliance with these terms and conditions, or for any
fraudulent or illegal reasons.
12. Referrals: As a part of our Affiliate Program, if you refer a new member to any =
of
our FBES.NET sites you may be eligible to receive affiliate income. You can
find out more about the Affiliate Program and the terms applying to referra=
l
How buying items works
13. What you're buying:
a. License: When you buy an item, you acquire the right=
to
use that item; you're not actually acquiring the item itself. What you get
includes a license directly from the author to use that item. Items are sub=
ject
to specific terms of use, and these terms are the ‘license’ tha=
t we
set on FBES.NET. This license also applies to you if you download an item t=
hat
someone else has bought for you (because anyone downloading an item needs t=
o be
an FBES.NET member). Different license types are available for you to choose
when you have selected an item. You’ll need to think about the way you
want to use the item so that you can pick the right license to allow that u=
se.
It’s your responsibility to choose the correct license.
b. Item support: Authors can choose whether or not to support certain items. If an aut=
hor
chooses to support an item, this will be identified on the item page. =
;All
supported items include a support period. You can buy support extensions on
these items. Your right to access Item Support requires an FBES.NET account=
.=
c. Buyer Services: In addition to the use of the platform, when you ‘buy’ an
item you also receive buyer services from FBES.NET buyer support, fraud
protection, item quality control and other related buyer services.
14. The total price
for an item on FBES.NET is made up of:
a. Item price: The item price is made up of a license fee (for the license you choose
for the item), and if relevant the item support fee (for supported items).<=
o:p>
b. Buyer fee: This is the fee for the buyer services you get from FBES.NET.
c. Handling fee: In some transactions on FBES.NET the total checkout price may include=
a
handling fee.
d. Taxes: Some transactions on FBES.NET may be subject to tax that may be added=
to
the price.
.
Transacting as a buyer:
15. If you have an=
FBES.NET
account, you can make payments by using the ‘Buy Now’ function =
or
by using any existing FBES.NET Credits in your FBES.NET account.=
16. FBES.NET Credits: Existing FBES.NET Credits can only be used to pay for FBES.NET
transactions. We do not refund any monies originally placed into your FBES.=
NET
account to buy FBES.NET Credits (but you may have rights under an applicable
consumer law, which we don’t exclude).
17. If you choose =
to
buy using any existing FBES.NET Credits, the total price will be deducted f=
rom
your FBES.NET Credits. If you haven’t used your FBES.NET Credits with=
in
12 months they may expire from the date of purchase. See section 24 for det=
ails
about the expiry of FBES.NET Credits.
18. When using&nbs=
p;Buy Now you will be redirected to a payment method provider.
19. Currency conversion costs: You are responsible for all costs =
of
currency conversion relating to a transaction on FBES.NET. Your financial
institution does the currency conversion and may charge you additional fees=
(we
don’t control either the conversion rates or your financial
institution’s fees).
This means that you may incur additional costs when purchasing from FBE=
S.NET,
which we have no control over.
20. Terms of buying: When you buy an FBES.NET item you’re doing so on the following
terms:
a. you warrant to us =
and
the author that you have carefully considered the suitability of your chosen
license, and that you have chosen appropriately;
b. you cannot cancel a
completed purchase of an item;
c. we and the authors=
do
not promise that any particular item will continue to be available on FBES.=
NET
so you should download and save the item as soon as you buy it;<=
/span>
d. once you buy or
download an item and the item has been paid for, you acquire a non-exclusive
license to use the item under the terms set out in the license (non-exclusi=
ve
means others might also license the same item);
e. the author retains
ownership of the item;
f. =
your relevant deta=
ils
may be provided to the author of the item in order to facilitate the
transaction, for example for invoicing and item support services; and<=
/o:p>
g. we have the right =
to
enforce against you the terms of the license that you have acquired from an
author.
It is important that you understand the terms on which you are making a
purchase. Please take the time to review this section carefully. See our He=
lp
Center article for
information about account limits.
21. Warranties we make:
a. We warrant that th=
e FBES.NET
sites will be suitable for the purposes described on the sites, and that we
will provide our platform services with reasonable skill and care.
b. We otherwise do not
make any express or implied warranties about the FBES.NET sites (or any ite=
ms
on the FBES.NET sites).
22. Warranties authors make: The author of an item you buy warrants to you th=
at:
a. the item is of
acceptable quality and fit for the purpose for which it is 'sold';
b. the item matches t=
he
description given by the author on the item preview page, as well as any it=
em
preview;
c. they will honour a=
ny
express warranties given to you that are not contained in these terms;=
d. they have the righ=
ts
necessary to license that item on the terms of applicable license;
e. your use of that i=
tem
in accordance with the terms of the applicable license does not infringe the
intellectual property rights of someone else;
f. =
the item and its
description are not false, inaccurate, misleading, fraudulent, unlawful or
defamatory;
g. the item and its
description do not violate any applicable law or regulation (including those
governing export control, consumer protection, unfair competition, criminal
law, pornography, anti-discrimination, trade practices or fair trading);
h. the item does not
contain viruses or other computer codes, files or programs which are design=
ed
to limit or destroy the functionality of other computer software
or hardware;
i. =
if the item is marked as 'supported', they will provide you with the
services as outlined in the item support policy
j. =
they will process your data in accordance wi=
th
applicable privacy law and data protection regulations.
This is what authors are promising you when you buy an item.=
23. Taxes:
a. Sales Tax. Prices and fees made for supplies made to you (whether by FBES.NE=
T or
authors) in connection with these terms exclude consumption and sales taxes
(Sales Tax). If a supply is made to you under or in connection with these t=
erms
on which Sales Tax is imposed, the fee you must pay for that supply is
increased by the Sales Tax amount.
b. Other taxes. You are responsible for paying all such taxes and imposts associa=
ted
with your use of FBES.NET wherever levied. Your responsibility includes wit=
hholding
tax if it applies, unless we already process that withholding tax. If a withholding is required by applicable law, you will remi=
t the
legally required amount to the applicable taxing authority; you must pay to=
FBES.NET
(or authors) the gross amount on the invoice(s) such that the amount receiv=
ed
by FBES.NET (or authors) after the withholding tax is applied is the full
amount FBES.NET (or authors) would have received if no withholding or deduc=
tion
had been made (and it is your responsibility to arrange the remittance of t=
he
gross invoice amount in accordance with FBES.NET’s standard processes=
).
24. FBES.NET Credits expire: FBES.NET Credits expire if not used within 12 mo=
nths
from the date of purchase, and will be forfeited on the 12 month anniversar=
y of
the purchase date. We generally try to tell you beforehand when FBES.NET
Credits are going to expire and be forfeited, but this is not always possib=
le
and don’t promise to warn you. Check your member’s statement
regularly for details of expiry dates. If you have different rights under an
applicable consumer law, we don’t exclude them.
If you haven’t used your FBES.NET Credits within 12 months they m=
ay
expire.
25. Items with an incorrect price or incorrect information: Despite our
reasonable efforts, items may occasionally be listed at an incorrect price =
or
with incorrect information. If this happens, we may cancel or reverse a
transaction, even after it is completed and a payment has been processed. I=
f we
do this, we’ll promptly arrange for any payment to be credited or ref=
unded
and you must not use the item unless you re-purchase it at the correct pric=
e.
Refunds
26. Given the nature of digital content, a refund or credit on a purcha=
se
is not granted unless one of the warranties given by the author in
section 22 has been breached, or a refund is required under the FBES.NET Refund Rules or Australian consumer=
law
or other relevant consumer protection laws
27. We will assess
refund or credit requests (if you have an FBES.NET account) on their merits,
considering the digital nature of FBES.NET items and the type of item previ=
ew
that was available before purchase. There is generally no obligation to pro=
vide
a refund or credit in situations like the following:
a. you have changed y=
our
mind about an item;
b. you bought an item=
by
mistake;
c. you do not have
sufficient expertise to use the item;
d. you ask for goodwi=
ll;
or
e. you can no longer
access the item because it has been removed (we advise you to download item=
s as
soon as you buy them to avoid this situation).
28. If the author =
or
we decide to issue a refund or credit (if you have an FBES.NET account), th=
is
will generally be done using the same manner use=
d to
make the purchase. So if the item was purchased using FBES.NET Credits, you
will be given credit in FBES.NET Credits; if the item was purchased using a
particular payment method you will be refunded using the same payment metho=
d in
reverse. Any payment made to you (not FBES.NET Credits) will be made in US
Dollars, under the rules of the payment method (see about currency
conversion back to your local currency).
It is important that you understand how refunds work on FBES.NET.<=
/o:p>
29. Disputes lodged with payment agents: If, as a buyer via your FBES.NET
account, you lodge a dispute with a payment agent, this will result in a
freezing of your FBES.NET account until the dispute raised with the payment
agent has been cancelled. This makes it very complex to resolve any related
issues, and means we cannot make payments or issue refunds out of your FBES=
.NET
account, so we encourage buyers to contact us directly first to see if we c=
an
help resolve any concerns.
30. Fine print: We are not a bank or licensed deposit taker in Australia or elsewhere,
your credits are not deposits under Australian law about banks, and that me=
ans
you don’t get the benefit of any deposit insurance or guarantee under
those laws. We don’t act as a fiduciary or as a trustee for you, and
we’re not a licensed financial service provider.
Becoming an author
31. If you want to=
get
involved in our community as an author, you can sign up and find out. Remem=
ber
that if you become an author these terms will continue to apply, along with=
the
Author Terms you’ll sign up to as an author.=
Intellectual Property
32. What we own: We own all the FBES.NET content that we have=
put
on FBES.NET (unless otherwise stated and excluding content owned by others)=
.
33. What we don’t own: We do not own the items on FBES.NET; our authors=
do.
Items are uploaded at the direction of the author.
34. Copyright, trademark and intellectual property claims: We respect the
intellectual property rights of others and we require that authors do the s=
ame.
If you believe that an item or member content infringes an intellectual
property right (including copyright) please see the information.=
35. Model and property releases: Items are available for commercial=
use
(unless stated otherwise by the Author on an item page). Authors are
responsible for obtaining and keeping a model or property release if one is
needed; please ask the author directly if you need a copy of a release.
Our use of your information
36. Privacy: We respect your privacy and process your personal information in
accordance with our Privacy Policy
37. Confidential Information: We value your information and take reasonable
precautions to protect it. While using the FBES.NET, you may also become aw=
are
of confidential information about us or another member. You promise to not
disclose any confidential information made available to you through the FBE=
S.NET
to any other person.
Playing fair
38. Prohibited Conduct: We strongly recommend that you don’t make your contact details
public on the FBES.NET or in any public communications via the FBES.NET sit=
es.
Contact details include your email address, street address, Skype name and
phone number (but not social network handles). If you do, it must not be for
any reason prohibited and you do so at your risk!
39. Content removal: We can look at or remove any of your content for any reason at our
discretion. Reasons might include quality assurance, if=
we
receive a valid copyright take-down notice or General IPR Notice, if we thi=
nk
that the content is unauthorised, misleading, incorrect, offensive, or in
breach of anyone else’s rights, or if we think that your use of the F=
BES.NET
and any content might result in liability to us or anyone else.
40. Community participation: We take great pride in our g=
lobal
and thriving community—it’s part of what makes the FBES.NET gre=
at.
We focus on transparency and mutual respect and invite you to participate, =
give
feedback and have your say.
Linking; apps made by others
41. Linking to the FBES.NET: We’d be delighted if you decide to link to=
FBES.NET
from other sites but you have to link to a full version of a page and not l=
ink
directly to an image or file hosted on FBES.NET. That includes no
"in-line" linking methods resulting in images hosted on FBES.NET
being displayed on other sites. You must not "frame" any FBES.NET
pages by surrounding those pages with someone else’s content, materia=
ls
or branding. We reserve the right to insist that any link to the FBES.NET be
discontinued, and to revoke your ability to link to the FBES.NET.
42. Links from the FBES.NET: The FBES.NET sites may contain links to other no=
n-FBES.NET
sites. We have no control or responsibility over anything on those sites, a=
nd
do not endorse or sponsor those sites, even if t=
hey
are affiliated to us.
43. Third party developers: We welcome the contribution of our members and
broader community, who offer applications that work with FBES.NET. You will
need to form your own view about these applications and their developers;
we’re not able to warrant or endorse those applications and disclaim
liability relating to these applications.
Legal Housekeeping
44. Eligibility, suspension or termination: Membership is not an automatic rig=
ht,
it is a benefit for community members who follow our terms and policies and
treat other community members well. We hope that you will be with us for a =
long
time. But we may, using reasonable discretion, decide whether or not your u=
se
of FBES.NET complies with these terms and our policies. We can suspend or
terminate your FBES.NET account at any time for any reason (acting reasonab=
ly
of course), including if you:
a. breach these terms=
or
any terms applicable to any of your other FBES.NET accounts;
b. breach any of our
policies (or policies of any other FBES.NET Company);
c. act in a way that =
does
not align with the values of our community; or
d. act in a way that
could cause us or members harm.
If we do decide to
permanently terminate your FBES.NET account you must not apply for a new
account as unfortunately you will no longer be welcome in our community. Th=
is
decision may also apply to all of your FBES.NET accounts you use on other F=
BES.NET
sites.
45. FBES.NET Companies: If an indemnity, limitation or disclaimer of liability, warranty or
release (a 'benefit') is given in our
favour in these terms, the Author Terms or Affiliate Terms, we hold that be=
nefit
on trust for the other FBES.NET Companies. We may enforce that benefit as
trustee for and on behalf of the other FBES.NET Companies as beneficiaries
under that trust.
46. We may use the
services of another FBES.NET Company to conduct payment or other activities
with you, like collecting payments and paying author earnings. If you make =
a Buy Now payment, we receive your payment as a limited =
agent
for the author and your obligation to pay the author is met when we (or ano=
ther
FBES.NET Company) receive the payment successfully.
Liability and indemnity - between us and you
47. We provide the FBES.NET sites and the platform services, not the it=
ems
on the FBES.NET sites.
48. You indemnify us against all losses, costs (including legal costs o=
n a
full indemnity basis), expenses, demands or liability that we incur arising=
out
of, or in connection with, a third party claim against us relating to your =
use
of FBES.NET and any content you post to FBES.NET (including, if you are an
author, your items).
49. If you are a buyer, you agree that we are not responsible for, and =
you
release us from liability arising out of or in connection with:<=
/span>
a. the items on FBES.=
NET;
b. information provid=
ed
by authors about their items (including on any item page); and
c. your use of items =
from
FBES.NET.
50. Our liability to you in connection with FBES.NET or these terms, in
contract, tort (including negligence) or otherwise, is limited as follows:<=
o:p>
a. we exclude liabili=
ty
for any of these things incurred by you: loss of revenue, loss of profit, l=
oss
of goodwill, loss of customers, loss of capital, damage to reputation, loss=
in
connection with any other contract, loss of data=
, or
indirect, consequential or special loss, damage or expense; and;=
b. our total liabilit=
y to
you is limited to the greater of USD100 and the total buyer fees paid by yo=
u in
the 12 months before liability accrued.
These sections mean that you protect us from costs and claims that happ=
en
because of your actions on the site, and that our liability to you is limit=
ed.
We may, at our expense, assume the exclusive defense and control of any
matter you indemnify us against, and if so you agree to cooperate with us.<=
o:p>
Liability and indemnity - between authors and buyers<=
/b>
51. Each author grants to each buyer of the author’s items a limi=
ted
indemnity on the following terms:
a. if another person
makes a claim against a buyer that the buyer's use of the item in accordance
with the terms of the applicable license infringes the intellectual propert=
y or
other rights of that third party; and
b. if that buyer promptly notifies the author of the claim and gives the
author the option to control the defense of the claim (at the author's cost=
),
then the author will indemnify the buyer against damages finally awarded by=
a
court against the buyer or any settlement damages agreed to by the author
regarding that claim.
52. The liability of each author to their buyers is otherwise limited, =
for
each item purchased, to the author's earnings from the payment for that ite=
m,
except to the extent that the author's liability arises from wilful
misrepresentations made about the item.
This means that the author's liability to buyers is limited.=
53. Availability: We strive to hav=
e FBES.NET
available to you 24 hours a day, seven days a week but you know how the
internet works: occasionally you might not be able to access FBES.NET, and =
this
might happen for any reason, at any time, with or without notice, or at our
absolute discretion. We might also change aspects of how FBES.NET works.
The FBES.NET Companies will not be liable to you for any loss you suffer as=
a
result of these things.
54. Third Party: If you're agreeing to these terms on behalf of someone else (like your
employer), then you're promising to us that you have full legal authority to
bind that third party.
55. Consumer laws: In some places there may be non-excludable warranties, guarantees or
other rights ('non-excludable consumer guarantees'). We do not excl=
ude,
restrict or modify non-excludable consumer guarantees in these terms. Except
for non-excludable consumer guarantees, we and authors are bound only by the
express warranties made in these terms. Our and each author's liability for
breach of a non-excludable consumer guarantee is limited, at our or the
author's option, to replacing or paying the cost of replacing the relevant =
item
or service, (unless the non-excludable consumer guarantee says otherwise).<=
o:p>
56. Blocking a member, disabling an account or refusing to process a paymen=
t. We may block
you, terminate any of your FBES.NET accounts or refuse to process a payment,
including withholding your account balance indefinitely, if we reasonably
believe there is a risk associated with you, your FBES.NET account, or that
payment, including if it breaches a law or regulation. =
Examples
of where we might do this include transactions where we suspect the payment=
is
from or to a person or country sanctioned by an authority (like the United
Nations, the United States government or the Australian government); or whe=
re
we reasonably believe there is a legal or regulatory risk or a risk of loss
being suffered by us or our members. You warrant that you are not
located in a sanctioned country and are not on a sanctioned persons list. Y=
ou
also warrant that you will not purchase items on FBES.NET using funds sourc=
ed
from a sanctioned country. We may also block members from a country if we
can’t make payments to or from that country. You should check what
payment methods are available in your country for making payments as a buye=
r or
for withdrawing earnings as an author. We may take any of the actions state=
d in
this section without notice and against all of your FBES.NET accounts you u=
se
on other FBES.NET sites. If required by law we may forfeit existing deposit=
s or
earnings.
57. US-specific controls. FBES.NET is not available to anyone located =
in
any U.S. sanctioned countries or to anyone on the U.S Treasury Department's
list of Specially Designated Nationals List (SDN list). You must not export=
or
re-export FBES.NET items to a U.S. sanctioned country or to anyone on the S=
DN
list.
58. Relationship between the parties: Nothing in these terms is to be
construed as constituting a partnership, joint venture, employment or agency
relationship between you and us, or between you and any other member. Neith=
er
you nor us can bind each other in any way. We are, howe=
ver,
an agent of the authors only for the limited purposes of collecting Buy Now
payments (see section 46), the authors' providing warranties to buyers in
section 22 to limit authors' liability to buyers in section 52, and the
disclaimer of authors' liability to buyers in section 55 - Consumer laws.
59. Notices: Any notice you send us must be submitted via a contact page. Any
notice we send to you will be emailed to your FBES.NET account email addres=
s.
60. Changes to FBES.NET Terms: We may change these terms at a=
ny
time and, if we make changes, we will take reasonable steps to let our
community know about the changes. You can also keep track of whether changes
have been made to our terms by referring to the version and effective date =
at
the footer of the terms. You can close your Market Account and terminate yo=
ur
agreement with us at any time if you do not agree to the changes. However, =
if
you continue to use FBES.NET sites after the changes are made, then you wil=
l be
agreeing to the changes.
61. Interpretation: Words like 'include' and 'including' are not words of limitation =
and
where anything is within our discretion we mean our sole discretion.
62. Applicable Laws: We control and operate FBES.NET from our offices in Australia. The
laws of Victoria, Australia govern these terms, and you submit to the
jurisdiction of the courts there for the resolution of any dispute between =
us.
Definitions
Author:=
a member who makes
items available for sale on FBES.NET.
Buy:
includes downloading an item that is made available
for free on FBES.NET or that is purchased for you by another member.
Buy Now:
a way of purchasing=
an
item using a payment provider (and not using existing FBES.NET Credits)
Buyer:<=
/span>
a person who
‘buys’ items on FBES.NET.
Buyer fee:
the fee for the services buyers get from FBES.NET =
support,
fraud protection, item quality control and other related buyers’
services.
FBES.NET:
Mono Kristal Limited (622 063 6500).
FBES.NET Companies=
:
FBES.NET and any company that controls, is control=
led
by or is under common control with FBES.NET.
FBES.NET content:<=
o:p>
is all the content t=
hat
we have put on FBES.NET and includes the design, compilation, and look and =
feel
of the FBES.NET, and copyright, trademarks, designs and other intellectual
property on the FBES.NET (unless otherwise stated and excluding content own=
ed
by others like author content).
FBES.NET:
When we refer to the ‘FBES.NET’
we’re talking about the FBES.NET digital marketplaces, which include
these sites: