Terms & Privacy

Introduction

This is the website of FGS Advisory (Australia) Pty Ltd A.C.N. 661 668 033 and related companies (“we”, “us” and “our”). These terms and conditions govern your use of our website.

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

Website not advice

The information provided on our website is intended to serve only as a general overview on matters of interest. The information is not intended to be comprehensive, or advice. Whilst we do our best to ensure the content is current and accurate, we cannot guarantee its currency and accuracy.

Intellectual property rights

Subject to these terms and conditions:

• we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
• all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Licence to use website

You may:

• view pages from our website in a web browser;
• download pages from our website for caching in a web browser;
• print pages from our website;
• stream audio and video files from our website; and
• use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

Except as expressly permitted by these terms and conditions, you must not download any material from our website or save any such material to your computer.

You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

• republish material from our website (including republication on another website);
• sell, rent or sub-licence material from our website;
• show any material from our website in public;
• exploit material from our website for a commercial purpose; or
• redistribute material from our website.

Acceptable use

You must not:

• use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
• use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
• access or otherwise interact with our website using any robot, spider or other automated means; or
• use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is accurate and complete.

Links

Where we provide links to other websites, this is done for your convenience only. We take no responsibility for the accuracy or currency of the information on those sites. We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as the same.

Limited warranties

We do not warrant or represent:

• the completeness or accuracy of the information published on our website;
• that the material on the website is up to date; or
• that the website or any service on the website will remain available on an interrupted, secure or error-free basis.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation. Save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by law, and subject to these terms and conditions, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Limitations and exclusions of liability

Nothing in these terms and conditions will:

• limit or exclude any liability for death or personal injury resulting from negligence;
• limit or exclude any liability for fraud or fraudulent misrepresentation;
• limit any liabilities in any way that is not permitted by law; or
• exclude any liabilities that may not be excluded by law.

The limitations and exclusions of liability set out in this section, and elsewhere in these terms and conditions, govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including all liabilities arising in contract, in tort (excluding negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.

Indemnity

To the extent permitted by law, you hereby agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, losses and expenses (whether in tort or in contract) arising out of or related to your use of this website.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

• send you one or more formal warnings;
• suspend/prohibit your access to our website; and/or
• commence legal action against you, whether for breach of contract or otherwise.

Where we suspend/prohibit your access to our website or a part of our website, you must not take any action to circumvent such suspension/prohibition.

Variation

We may revise these terms and conditions from time to time, and without notice to you. When we change these terms and conditions, we will also update the “Date of last update” at the top of these terms and conditions. You should check this page from time to time to ensure you are familiar with any changes.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

If any part of these terms and conditions is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.

Waiver

Any failure or delay by us to enforce any provision of these terms and conditions will not be interpreted as a waiver of our rights or remedies.

Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Termination

These terms and conditions are effective until terminated by us, which we may do at any time and without notice to you. Any rights and obligation that have accrued up to and including the date of termination will survive.

Law and jurisdiction

These terms and conditions shall be governed and interpreted by the laws of New South Wales, Australia. Any dispute relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of New South Wales, Australia.

Contact us

If you have any questions about these terms and conditions, please contact us by sending us an email at theteam@fgsadvisory.com.au.

1. The kinds of personal information we collect

The kinds of personal information that we collect include:

• contact details such as name, your business name, ABN, TFN, role or position, employment history, visa status, address, email address, mobile number, and landline number;
• confidential information including bank account and credit card details;
• how you were referred to or became aware of us;
• if you are an employee or prospective employee, information about your qualifications, skills and work experience;
• if you are a supplier or prospective supplier, information about your business skills, services, products and prices; and
• when you use certain features of the site, we may receive, store and process different types of information about your location such as IP address, post code and more specific information such as GPS based functionality on mobile devices used to access the site.

2. How we collect personal information

We collect personal information by various means including through:

• when you use our services;
• our website;
• requests for account registration;
• use of social media;
• third party service providers;
• requests for brochures, to join a mailing list or to be contacted for further information about our products or services;
• provision of customer service and support; or
• responses to surveys or research undertaken by us or on our behalf.

Where practicable we collect personal information about you directly from you. However, we may also collect information about you from a third party.

3. The purposes for which we collect, hold, use and disclose personal information

We collect, hold, use and disclose personal information in order to:

• complete transactions with you;
• direct market to you, with your permission;
• understand and analyse our sales, and your needs and preferences;
• develop, enhance, market and provide products and services that meet your needs;
• improve our services; and
• respond to requests or complaints.

4. The parties to whom your personal information is disclosed

Subject to our confidentiality obligations, we may share some relevant personal information with:

• our marketing providers for the purposes of providing you our newsletter, invitations, information and offers; and
• third party service providers who assist us with archival, auditing, accounting, legal, business consulting, website or technology services.

We also will disclose your information if required by law to do so, or in circumstances permitted by the Privacy Act - for example, where we have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, in response to a subpoena, discovery request or a court order.

5. Cloud storage and overseas disclosure

We use cloud-based software and IT infrastructure to deliver our services. As a result, personal information may be stored, processed or backed up on servers located outside Australia — including personal information disclosed to our overseas contractors and third-party service providers who assist us with bookkeeping, general administrative tasks, and technology services. Where we disclose personal information to an overseas recipient, we take reasonable steps to ensure that recipient handles the information consistently with the Australian Privacy Principles, except where an exception under the Privacy Act applies.

6. Use of artificial intelligence

We may use artificial intelligence tools, including generative AI, to help us provide our services and operate our business — for example, for drafting, analysis and administrative support. Any AI tools we use operate under commercial terms that prevent your personal information being used to train third-party AI models. We do not process your personal information through public or consumer-grade AI tools (for example, free versions of ChatGPT, Claude or similar). Personal information processed by AI tools remains subject to the safeguards described in this Policy.

7. Opting out of marketing communications

We may, from time to time, send you newsletters, invitations, information and offers about our services. You can opt out of receiving further such communications by notifying us using our contact details below or by clicking the “unsubscribe” option at the bottom of any marketing email received from us.

8. Security

We take reasonable physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure. For example, we maintain our files in secure data centres and offices and limit access to personal information to individuals with a need to know.

9. Access, correction and updating personal information

You can contact us to access, correct or update your personal information. Unless we are subject to a confidentiality obligation or some other restriction on giving access to the information and we are permitted to refuse you access under the Privacy Act, we will endeavour to make your information available to you within 30 days. Examples of circumstances where we may refuse to give you access to your personal information include where:

• giving access would be unlawful;
• we reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;
• giving access would have an unreasonable impact on the privacy of others; and
• giving access could prejudice the taking of appropriate action in relation to unlawful activity.

If you request to correct your personal information, we will correct, or, if we consider more appropriate, note your request for amendment of the information on your record.

We will not charge you to make a request to access your record but we may charge you to actually provide access depending on the costs associated with obtaining and providing the material.

These actions can usually be taken by contacting us using the contact information in the section below.

10. Notification of changes

If we decide to change our Privacy Policy, we will post a copy on our website.

11. Complaints and contact

If a breach of this Privacy Policy occurs, a complaint may be made to us by sending it to us by email to theteam@fgsadvisory.com.au.

We will endeavour to respond to any complaint within 30 days. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at oaic.gov.au.