Terms of service.
Disclaimer
The advice shared on Far From’s website and guide is general in nature and does not consider your individual circumstances. Far From exists purely for educational purposes and should not be relied upon to make financial decisions.
If you choose to use a financial product or service, please read the Product Disclosure Statement (PDS), Target Market Determination (TMD), and obtain professional advice tailored to your needs.
Content warning
While using the Service, you will have access to difficult, emotionally heavy and distressing content. Members should seek crisis support, if required, via Beyond Blue or Lifeline.
Introduction
Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) Far From’s services for subscribing to our content, including all of our websites, guide and consult information.
For all our services, please consider the incorporation of these Terms (collectively, "Far From’s Service" or the “Service”) and other material that is made available through the Service (the "Content"). Far From provides general information, streamlined digital navigation support, and referrals to assist individuals and families navigating the aged care system in Australia.
Use of Far From’s Service is subject to our Privacy Policy and additional terms and conditions presented, which are hereby incorporated by this reference into these Terms.
By signing up for, or otherwise using, the Far From’s Service, you agree to these Terms. If you do not agree to these Terms, then you must not use Far From’s Service or access any Content.
Certain legislation in Australia may provide consumer guarantees or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms are subject to such legislation, including without limitation the Australian Consumer Law.
Service Provider
These Terms are between you and Far From, apart of the Far From Network (ABN: 90414177491).
Age and eligibility requirements
In order to use the Service and access any Content, you need to (1) be 13 years of age or older, (2) have parent or guardian consent if you are a minor; (3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (4) reside in a country where the Service is available. You also promise that any registration information that you submit to Far From is true, accurate, and complete, and you agree to keep it that way at all times. If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. You can find additional information regarding minimum age requirements in the registration process. If you do not meet the minimum age requirements then Far From will be unable to register you as a user.
The Far From Service Provided by Us
Service Options
We provide numerous Service options. Certain Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
By purchasing a Paid Member Subscription (Guide and/or Consult), you acknowledge and agree to these Terms. If you purchase a Paid Subscription directly through Far From (via Squarespace), we will use your payment details and any other information in accordance with our Privacy Policy. If you purchase a Paid Subscription or begin a Trial (as defined below) through a third party, you will transact directly with that third party, and your purchase and/or Trial will also be subject to that third party's terms and conditions.
You can find descriptions of each Paid Subscription and their features on our website, and we will explain which options are available to you when you create an account. All terms referenced in this document should be read carefully. We reserve the right to modify the features and content we provide as part of our Paid Subscriptions from time to time and for any reason.
Paid Subscriptions continue indefinitely until cancelled. This allows for ongoing access to our guide, whereby a consultation is limited to one (1) per transaction.
Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). By using a Service via a Trial, you agree to the Paid Subscription Terms and Conditions.
Third-Party Applications and Devices
Far From’s Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Far From does not guarantee that Third-Party Applications and Devices will be compatible with the Service.
Service Limitations and Modifications
We use reasonable care and skill to keep the Service operational and to provide you with a supported experience. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:
Far From’s Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Service (including particular functions, features, subscription plans and promotional offerings).
Far From has no obligation to provide any specific content through the Service, and the applicable owner/s may remove Content without notice at any time.
Far From has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.
Your Use of Far From’s Service
Creating a your account
You need to create an account to use all or part of the Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for your use of your username and password (including any unauthorised use arising from your acts or omissions). Notify us immediately if your username or password is lost or stolen, or if you believe there has been unauthorised access to your account.
Far From may reclaim, or require you to change, your username for any reason.
Your rights to use Far From’s Service
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Far From. You agree that you will not redistribute or transfer the Service or the Content.
Far From’s software applications and the Content are licensed, not sold or transferred to you, and Far From and its licensors retain ownership of all copies of the Far From software applications and Content even after membership, Access and consultations.
The Service and the Content are the property of Far From. All trademarks, service marks, trade names, logos, domain names, and any other features of the Far From brand are the sole property of Far From or its licensors. These Terms do not grant you any rights to use any brand features whether for commercial or non-commercial use.
Payments and cancellation
Billing
You may purchase a Paid Membership Subscription directly from Far From by:
paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
A one-off payment, giving you access to the Service (Far From Guide) and a one time consultation (up to 1hr) via phone.
Tax rates and fees are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
Price and tax changes
Far From may from time to time change the price for the Paid Subscriptions, including recurring subscription fees, the one-off purchase (Guide and Consult), or Codes (defined above), and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the account information you provide
Renewal and Cancellation
Your payment to Far From will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact us for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will no longer be able to access the Guide. We do not provide refunds or credits for any partial subscription periods.
If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service.
Professional Accounts
All content if for personal use only, not business purposes.
An organisation may use the Service, provided that they do not take any action that implies an endorsement or commercial relationship between them and Far From (unless independently obtained the rights to imply such an endorsement). In addition, organisations must be transparent to our users about disclosing any endorsements or consideration provided or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.
Content and Intellectual Property Rights
User content
You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on Far From, (1) you own or have the right to post such User Content; (2) such User Content, or its use by Far From pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) such User Content does not imply any affiliation with or endorsement of you or your User Content.
You agree not to solicit, access, generate, distribute or store any illegal or high impact content. Far From reserves the right to remove, limit or disable access to any User Content, terminate these Terms (including any additional terms and conditions incorporated herein) or suspend or restrict your access to the Service at any time if you use the Service in breach of this clause.
Licenses that you grant us
Feedback
If you provide ideas, suggestions, or other feedback in connection with your use of Far From’s Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Far From without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
Your Device
You also grant to us the right (1) to allow the Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and to allow our business partners to do the same, as permitted in accordance with the Privacy Policy.
Content experience
In any part of the Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Far From’s agreements with third parties.
Some Content licensed by, provided to, created by, or otherwise made available by Far From may incorporate advertising, and Far From is not responsible for any such advertising.
Infringement claims
Far From respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please contact us.
Support, Information, Questions and Complaints
For support with account- and payment-related questions ("Customer Support Queries"), please contact us.
Problems and Disputes
Suspending and terminating the Service
These Terms will continue to apply to you until terminated by either you or Far From. Far From may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Service at any time if we believe you have materially or repeatedly breached any of these Terms, if we stop providing the Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If Far From terminates these Terms or suspends your access to the Service due to your material or repeated breach of these Terms or as we believe necessary to comply with applicable law, you agree that Far From shall, subject to applicable laws, have no liability or responsibility to you for that termination or suspension, and (except as expressly provided in these Terms or as required by any applicable law) Far From will not refund any amounts that you have already paid. If Far From terminates these Terms because we stop providing the Service or a material component of it, Far From will endeavour to provide you with notice of the termination including additional details about the termination such as when it will become effective.
You may terminate these Terms at any time, in which case you may not continue accessing or using the Service (Gude and Consult). To learn how to terminate your account, please contact us.
Warranty disclaimers
Far From will provide the Service using reasonable care and skill and in accordance with any specification of the Service set out in these Terms, however, subject to that, the Service is provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory.
Further, all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
While Far From and any owner of content cannot guarantee that the Service or content is free of malware or other harmful components, Far From (via Squarespace) uses reasonable efforts consistent with industry standards to prevent malware or harmful components in the Service.
In addition, Far From makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Service or any hyperlinked website, and Far From is not responsible for any transactions between you and any third-party providers of the foregoing.
No advice or information whether oral or in writing obtained by you from Far From shall create any additional warranty on behalf of Far From under these Terms.
Limitation of Liability and Time for Filing a Claim
Except where Far From has liability under the law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Service is to unsubscribe from membership and to stop using the Service (Guide and Consult).
You agree that Far From has no obligation or liability arising from or related to third-party providers or the content thereof made available through or in connection with the Service, and while your relationship with such third-party provides may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to Far From, for any problems or dissatisfaction with any third-party providers or the content thereof, is to stop using such third-party services.
Indemnification
You agree to indemnify and hold Far From harmless from and against any third party claims (including direct losses, damages, reasonable expenses, reasonable attorney fees and costs arising from such claims) made against Far From arising out of or related to: (1) your breach of any of these Terms (including any additional terms and conditions incorporated herein), including but not limited to any privacy or intellectual property breaches; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Service; and (4) your violation of any law or the rights of a third party.
Governing Law, Mandatory Arbitration and Venue
Dispute resolution and arbitration
You and Far From agree that any dispute, claim, or controversy between you and Far From arising in connection with or relating in any way to these Agreements or to your relationship with Far From as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Time for filing
Any arbitration must be commenced by filing a demand for arbitration within two (2) years after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a two-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to Far From, The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Far From may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator's decision and award, neither you nor Far From shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
About these Terms
Under applicable law, you may have certain rights that can't be limited by a contract. These terms are in no way intended to restrict those rights.
Changes
We may make changes to these Terms (including any additional Far From terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable Service (provided that, for material changes, we will provide you with notice and seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other terms and conditions, incorporating such changes, or otherwise notified you of such changes.
If you disagree with the changes, you can terminate your account before the changes take effect. Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
Severability and Waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.