Terms & Conditions | Fireban Australia

1. Introduction

These Terms and Conditions ("Terms") govern your use of the website www.fireban.com.au and any associated mobile applications, APIs, or widgets (collectively, the "Service"). The Service is operated by the entity trading under ABN 72 632 232 181 ("we", "us", "our", "Fireban").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must cease using the Service immediately.

2. Nature of the Service

2.1 Information Aggregator

The Service acts as an aggregator of third-party data. We collect, format, and display information regarding fire danger ratings, total fire bans, and weather warnings from various government and meteorological sources (including but not limited to RFS, CFA, DFES, and BOM).

2.2 Not an Emergency Service

Fireban is not an emergency services provider, government agency, or official alert system. The Service is intended for general informational purposes only and should be used as a secondary verification tool, not a primary source for life-safety decisions.

2.3 Data Latency

While we strive for real-time updates, data displayed on the Service may be delayed, cached, or subject to transmission errors. You acknowledge that "Live" data may lag behind official government sources by minutes or hours.

3. Critical Disclaimers

⚠️ READ THIS SECTION CAREFULLY

To the maximum extent permitted by law:

3.1 No Reliance

You explicitly agree that you will not rely solely on the Service for the safety of yourself, your family, or your property. You agree to always verify critical information (such as Total Fire Bans) via official government channels (e.g., ABC Local Radio, State Emergency Websites).

3.2 Accuracy Not Guaranteed

We do not warrant the accuracy, completeness, or timeliness of any map data, fire ban status, or danger rating. Government data feeds can fail, and our systems can experience outages.

3.3 "As Is" Basis

The Service is provided on an "as is" and "as available" basis without warranties of any kind, express or implied.

4. User Obligations

4.1 Compliance with Local Laws

It is your sole responsibility to know and comply with the fire regulations in your specific location. An indication of "No Active Bans" on our app does not exempt you from local council restrictions, permit requirements, or common law duties of care.

4.2 Prohibited Conduct

You must not:

Use the Service to plan illegal burns or activities;
Attempt to scrape, reverse engineer, or interfere with our API or infrastructure;
Misrepresent the Service's data as official government advice to others.

5. Limitation of Liability

5.1 Exclusion of Damages

To the fullest extent permitted by the Competition and Consumer Act 2010 (Cth), Fireban and its officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from:

Your access to or use of (or inability to use) the Service;
Any conduct or content of any third party on the Service;
Any inaccuracy, error, or omission in the data provided (e.g., a missing Fire Ban alert);
Any injury, death, or property damage resulting from decisions made based on the Service.

5.2 Liability Cap

In any event where liability cannot be excluded by law, our total liability to you for all claims shall be limited to the amount you paid us (if any) to use the Service in the 12 months prior to the claim, or AUD $100.00, whichever is greater.

6. Indemnification

This clause is critical for your protection.

You agree to indemnify, defend, and hold harmless Fireban, its owners, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) that such parties may incur as a result of or arising from:

Your use or misuse of the Service;
Your violation of these Terms;
Your violation of any rights of another party;
Any decision made or action taken by you in reliance on the information provided by the Service (including, without limitation, lighting a fire, operating machinery, or travelling into a fire zone).

7. Intellectual Property

7.1 Ownership

All content generated by us (code, design, "Fireban" branding, algorithms) is our exclusive property.

7.2 Third-Party Data

Maps, fire data, and weather feeds remain the intellectual property of their respective providers (e.g., Mapbox, State Governments) and are used under license or open data terms.

8. Third-Party Links and Ads

The Service may contain links to third-party websites or advertisements. We are not responsible for the content, privacy policies, or practices of any third-party sites. Your interactions with these entities are solely between you and them.

9. Termination

We reserve the right to suspend or terminate your access to the Service at our sole discretion, without notice or liability, for any reason, including if you breach these Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland for any disputes arising out of these Terms.

11. Contact Information

If you have questions about these Terms, please contact us:

Website:www.fireban.com.au

Phone:(07) 5437 0039

1. Introduction

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must cease using the Service immediately.

2. Nature of the Service

2.1 Information Aggregator

2.2 Not an Emergency Service

2.3 Data Latency

3. Critical Disclaimers

⚠️ READ THIS SECTION CAREFULLY

To the maximum extent permitted by law:

3.1 No Reliance

3.2 Accuracy Not Guaranteed

We do not warrant the accuracy, completeness, or timeliness of any map data, fire ban status, or danger rating. Government data feeds can fail, and our systems can experience outages.

3.3 "As Is" Basis

The Service is provided on an "as is" and "as available" basis without warranties of any kind, express or implied.

4. User Obligations

4.1 Compliance with Local Laws

4.2 Prohibited Conduct

You must not:

Use the Service to plan illegal burns or activities;
Attempt to scrape, reverse engineer, or interfere with our API or infrastructure;
Misrepresent the Service's data as official government advice to others.

5. Limitation of Liability

5.1 Exclusion of Damages

Your access to or use of (or inability to use) the Service;
Any conduct or content of any third party on the Service;
Any inaccuracy, error, or omission in the data provided (e.g., a missing Fire Ban alert);
Any injury, death, or property damage resulting from decisions made based on the Service.

5.2 Liability Cap

6. Indemnification

This clause is critical for your protection.

Your use or misuse of the Service;

Your violation of these Terms;

Your violation of any rights of another party;

Any decision made or action taken by you in reliance on the information provided by the Service (including, without limitation, lighting a fire, operating machinery, or travelling into a fire zone).

7. Intellectual Property

7.1 Ownership

All content generated by us (code, design, "Fireban" branding, algorithms) is our exclusive property.

7.2 Third-Party Data

Maps, fire data, and weather feeds remain the intellectual property of their respective providers (e.g., Mapbox, State Governments) and are used under license or open data terms.

IMPORTANT NOTICE

Terms and Conditions of Use

1. Introduction

2. Nature of the Service

2.1 Information Aggregator

2.2 Not an Emergency Service

2.3 Data Latency

3. Critical Disclaimers

3.1 No Reliance

3.2 Accuracy Not Guaranteed

3.3 "As Is" Basis

4. User Obligations

4.1 Compliance with Local Laws

4.2 Prohibited Conduct

5. Limitation of Liability

5.1 Exclusion of Damages

5.2 Liability Cap

6. Indemnification

7. Intellectual Property

7.1 Ownership

7.2 Third-Party Data

8. Third-Party Links and Ads

9. Termination

10. Governing Law

11. Contact Information

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IMPORTANT NOTICE

Terms and Conditions of Use

1. Introduction

2. Nature of the Service

2.1 Information Aggregator

2.2 Not an Emergency Service

2.3 Data Latency

3. Critical Disclaimers

3.1 No Reliance

3.2 Accuracy Not Guaranteed

3.3 "As Is" Basis

4. User Obligations

4.1 Compliance with Local Laws

4.2 Prohibited Conduct

5. Limitation of Liability

5.1 Exclusion of Damages

5.2 Liability Cap

6. Indemnification

7. Intellectual Property

7.1 Ownership

7.2 Third-Party Data

8. Third-Party Links and Ads

9. Termination

10. Governing Law

11. Contact Information