Terms and Conditions

STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES 1 INTERPRETATION In this document the following words shall have the following meanings: 1.1 "Customer" means any person who purchases or uses the Services from the Supplier; 1.2 "Supplier" means FortiPass; 1.3 "Service Data Files" means all information stored in the Customer's third party storage provider created by the FortiPass service, including but not limited to folders, personal vault files and shared vault files; 1.4 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier. 2 GENERAL 2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer. 2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier. 3 PRICE AND PAYMENT 3.1 Payment of the price shall usually be paid on initiation of the subscription. Payment can be made by Paypal. 3.2 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease. 3.3 The Supplier does not allow the transferring of subscriptions between Customer accounts by any means. 3.4 The Supplier does not allow the transferring of billing agreements between Customer subscriptions.

4 CUSTOMER'S OBLIGATIONS 4.1 To enable the Supplier to perform its obligations the Customer shall: 4.1.1 Co-operate with the Supplier; 4.1.2 Provide the Supplier with any information reasonably required by the Supplier; 4.1.3 Update their Identity Provider with their correct name, mobile phone, e-mail information. 4.1.4 Be responsible for the integrity of the service data files in their third party storage provider (for example, ensure the service data files in the third party storage provider remains untampered from outside the scope of the service, i.e. no modifications to the service data files in google drive outside the scope of the service). 4.1.5 Comply with such other requirements as agreed between the parties. 4.1.6 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality. 4.2 To enable the Supplier to perform its obligations the Customer shall NOT: 4.2.1 sell, resell, or lease the Services; 4.2.2 use the Services in activities wherein use or failure of the Services could cause physical damage, death, or personal injury; 4.2.3 reverse engineer the Services, nor assist anyone else to do so, unless otherwise permitted by law; 4.2.4 infringe the intellectual property rights of any third-party; 4.2.5 use the Services to violate any federal, state, or local laws including publishing or sharing material that is fraudulent, defamatory, or misleading; 4.2.6 use the Services to probe, scan, or test the vulnerability of any system or network; 4.2.7 use the Services to breach or otherwise circumvent (or attempt to circumvent) any security or authentication measures; 4.2.8 use the Services to access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to; 4.2.9 interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services; 4.2.10 access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping”; or creating accounts in bulk); 4.2.11 send altered, deceptive or false source-identifying information, including “spoofing” or “phishing;” 4.2.12 promote or advertise products or services other than your own without appropriate authorization; 4.2.13 resell the Services unless specifically authorized to do so; 4.2.14 delete the Google account associated with your vaults/data files (deleting the account can result in the permanent loss of service data files in third party providers, i.e. google drive); 4.2.15 delete service data files outside of the scope of the service (for example, delete data files directly through third party providers, i.e. google drive); 4.2.16 modify service data files outside of the scope of the service (for example, modifying data files directly through third party providers, i.e. google drive); 4.2.17 allow service data files to be modified outside of the scope of the service (for example, allowing malware or any other none supported provider/software actions modify the data files); 4.2.18 publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda; 4.2.19 advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment; 4.2.20 harass or abuse FortiPass personnel or representatives or agents performing services on behalf of FortiPass; or 4.2.21 violate the privacy or infringe the rights of others. 4.3 The Supplier shall be relieved of obligations to the Customer's data if the Customer performs any of the following both within and outside the bounds of the Supplier service: 4.3.1 export customer data, both personal and vault data, from the service outside of the control of the Supplier.

5 SUPPLIER'S OBLIGATIONS 5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice. 5.2 The Supplier accepts all responsibility for the condition of the service not owned or managed by a third party and shall deliver the service on a best endeavors basis. 5.3 The Supplier will endeavor to continue operation of the service into the forseeable future. Striving to retaining all data from past and present users (within reason for past users). In the event of FortiPass service being permanently shutdown; FortiPass will attempt to give users reasonable notice to remove their data from the service before permanently shutdown and deletion of data.

6 LIMITATION OF LIABILITY 6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services. 6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect, incidental, consequential, or punitive damages, or loss of use, data, business, revenues, profits, goodwill, or other economic or intangible loss suffered by the Customer however caused. Even if the party knew or should have known that such damages were possible and even if a remedy fails of its essential purpose. 6.3 To the fullest extent permitted by law, FortiPass's aggregate liability under this agreement shall not exceed the amount paid by customer for the services hereunder during the twelve (12) months prior to the event giving rise to liability.

7 CANCELLATIONS Returns/refunds policy: Refunds will not be given for the early cancellation of the service.

8 FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, outage of third party services and depreciation of services/software.

9 FORTIPASS’s PROPERTY The contents of the FortiPass website may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of FortiPass. All applications distributed by FortiPass also may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of FortiPass.

11 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

12 GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.