Our agreement with you

Welcome to Foreman, nice to meet you! We’re excited for you to start your journey.

By using the Foreman Virtual Ecosystem, including the Foreman app, you agree to these terms and conditions (the General Terms), any policies they link to and any specific terms and conditions that apply to additional products or services you use.

These General Terms are important. Please read them carefully and let us know if you have any questions. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us.

If you don’t agree with these General Terms, then you must not use the Foreman Virtual Ecosystem.

These General Terms are current as of December 26 2024.

1. Who ‘we’ are

• When we say ‘Foreman’, ‘us’, ‘our’, or ‘we’ in these General Terms, we’re referring to Viaductium Limited and its affiliates.
• If your Customer Agreement or your invoices specify an affiliate of Viaducitum Limited (for example, if you are located outside of Australia), then these General Terms will apply between you and that affiliate.

2. Who ‘you’ are

• When we say ‘you’ or ‘your’ in these General Terms, we’re referring to any of the following types of users and customers.
• If we need to refer to a specific type of user or customer and not the other types, we use one of the terms below instead of ‘you’:

• User: any person that uses or accesses the Foreman Virtual Ecosystem.
• Organisation User: a User that is linked to an Organisation’s account, including as an employee or account administrator.
• Organisation: a business that uses or accesses the Foreman Virtual Ecosystem.
• Paid Organisation: an Organisation that activates paid features of the Foreman Virtual Ecosystem or that we provide other paid products or services to.
• Free Organisation: an Organisation that uses no charge features of the Foreman Virtual Ecosystem only.
• Trial Organisation: an Organisation that is given temporary or trial access to paid features of the Foreman Virtual Ecosystem.
• Reseller Organisation: an Organisation that has purchased access to the Foreman Virtual Ecosystem through a reseller.

3. Other defined words and rules for interpreting these General Terms

• When capitalised in these General Terms, words defined in bold or listed below have a specific meaning:

• Customer Agreement means, in respect of a Paid Organisation, the written agreement between us and the Paid Organisation relating to it and its Users’ use of the Foreman Virtual Ecosystem.
• Foreman Virtual Ecosystem means the Foreman Websites, mobile applications like Foreman App, services, content, Subscriptions, accounts, benefits and offers as available through or as described on the Foreman Websites, mobile applications, platform or agreed between you and us from time to time.
• Foreman Virtual Ecosystem Terms means these General Terms, any Feature Specific Terms, the terms of your Customer Agreement and any other terms and conditions or policies that apply to your use of the Foreman Virtual Ecosystem and any other products and services provided by us.
• Foreman Websites means the websites that we operate or provide any features of the Foreman Virtual Ecosystem through, including the Foreman website and the Foreman app.
• Intellectual Property Rights means all and any patents, trade marks, service marks, trade names, domain names, registered designs, unregistered design rights, copyright, know how, trade secrets and rights in confidential information, URLs and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.
• Subscriptions means offering access to the Foreman Virtual Ecosystem or certain features of it on a recurring paid subscription basis.
• Your Data means the data, information (including personal information or data) or content entered into or uploaded to the Foreman Virtual Ecosystem by you or that you otherwise provide to us and, if you are an Organisation, any such data, information or content provided by you or by your Organisation Users.

• The following rules apply to interpreting these terms unless the context requires otherwise:

• 1. Headings in bold are for convenience only and do not affect the interpretation of these General Terms;
• 2. References to a person includes any company, partnership, joint venture, association, corporation or other body corporate and any governmental agency as well as an individual;
• 3. A reference to any legislation, regulations, binding directions issued by government agencies, mandatory codes of conduct, or similar, includes all delegated instruments made under them and any amendments, consolidations, replacements or re-enactments of any of them; and
• 4. Specifying anything in these General Terms after the words “like”, “include”, “for example” or similar expressions does not limit what else is included.

4. Other terms and conditions that apply to the Foreman Virtual Ecosystem

• Depending on the type of account you have, and the features of the Foreman Virtual Ecosystem you use, other terms and conditions may apply to you (collectively called Feature Specific Terms)

• 1. Any additional terms that apply to features or products offered by us that you use, as notified to you and agreed by you before you access those features or products.

5. How our different terms apply (priority of terms)

• If there is any inconsistency between your Customer Agreement, these General Terms and any Feature Specific Terms, then (to the extent of the inconsistency):

• 1. The terms of your Customer Agreement will take priority over these General Terms and any Feature Specific Terms that apply; and
• 2. In relation to the specific product or service that they govern only, the relevant Feature Specific Terms will take priority over these General Terms.

6. Changes to the Foreman Virtual Ecosystem and Foreman Virtual Ecosystem Terms

• From time to time, we may decide to make changes to the features or functionality of the Foreman Virtual Ecosystem or change or replace any part of the Foreman Virtual Ecosystem Terms by posting updated or amended terms to the Foreman Websites or otherwise notifying you of the changes in your account. Please check the Foreman Websites for changes.
• Generally, we will try to give you reasonable notice of material changes to theForeman Virtual Ecosystem Terms that we determine may adversely affect your rights or your use of the Foreman Virtual Ecosystem before they become effective, unless we need to make changes immediately for reasons we can’t reasonably control (like a legal requirement).
• If the change to the Foreman Virtual Ecosystem or the Foreman Virtual Ecosystem Terms is unacceptable to you, you may stop using the Foreman Virtual Ecosystem, cancel your Subscription or terminate your account in accordance with the Foreman Virtual Ecosystem Terms. If you continue to use the Foreman Virtual Ecosystem after any amended terms become effective, you agree to  be bound by the amended terms.
• If we decide to stop offering some features in the Foreman Virtual Ecosystem or other services, we may terminate your access to such features or services by providing written notice to you. If you are not in breach of the Foreman Virtual Ecosystem Terms, we will refund any prepaid fees that relate to the terminated features or services on a pro-rata basis.

7. Your licence to use the Foreman Virtual Ecosystem

• By accepting the Foreman Virtual Ecosystem Terms, you are granted a limited, non-exclusive and revocable licence to access and use the Foreman Virtual Ecosystem until your account is terminated. If you are an Organisation User, access to some features may be based on the Subscriptions and features that have been agreed with you or your Organisation.

8. User Accounts

• Users may create an account to access User features of the Foreman Virtual Ecosystem (a User Account).
• Users may be able to purchase goods and services through the Foreman Virtual Ecosystem, including through the ‘Benefits’ features. Prices for such goods and services will be displayed at the point of purchase and Users will be responsible for any agreed purchases.
• When a User Account is connected to an Organisation’s account, the User also becomes an Organisation User. When a User is also an Organisation User, there can be changes to how some of the Foreman Virtual Ecosystem Terms apply or what features are available to the User.
• When an Organisation User stops being connected to an Organisation’s account, the User will continue to have a User Account.

9. Free Accounts for Organisations

• We may offer some features of the Foreman Virtual Ecosystem to Organisations for no charge (a Free Organisation Account).
• We may vary which Foreman Virtual Ecosystem features are available to Free Organisation Accounts and terminate any Free Organisation Accounts at any time at our discretion, without liability to you.

10. Trial Accounts for Organisations

• We may offer trial access to the Foreman Virtual Ecosystem to Organisations (a Trial Organisation Account).
• We may provide access to and terminate Trial Organisation Accounts at any time at our discretion, without liability to you.
• If an Organisation agrees that its Trial Organisation Account will automatically convert to a Paid Organisation Account at the end of an agreed trial period, then the
• Organisation’s initial payment will be processed at the end of that trial period unless the Trial Organisation Account is cancelled before the end of the trial period.

11. Paid Organisation Accounts

• Pricing for paid Subscription access to the Foreman Virtual Ecosystem by an Organisation (a Paid Organisation Account) is as set out on the Foreman Websites or in the Organisation’s Customer Agreement (if applicable) (Subscription Fees).
• By activating a Paid Organisation Account or engaging us to provide you with any other paid products or services, you are agreeing to pay the Subscription Fees and any other applicable fees.

12. Rules for using the Foreman Virtual Ecosystem

• When we refer to the Foreman Virtual Ecosystem Rules in these General Terms, we’re referring to this clause.
• When using the Foreman Virtual Ecosystem, you:

must:

• make sure that any information you provide to us is complete, accurate and not misleading;
• keep your usernames, passwords, and any other account login information secure. You will be responsible for the use of your login details; and
• own or have permission to provide Your Data (including any personal information contained in Your Data) to us or otherwise enter it into the Foreman Virtual Ecosystem; and

must not:

• undermine the security or integrity of our computing systems or networks;
• use our services in any way that might impair functionality or interfere with other people’s use;
• decompile, reverse engineer, disassemble, rent or sublicense anything on the Foreman Virtual Ecosystem;
• copy, distribute, modify or make derivative works of any of our content or use any of our Intellectual Property Rights in a way not expressly permitted by us in writing;
• access any system without permission; or
• introduce or upload anything to our services that includes viruses or other malicious code.

3. As an Organisation, in addition to the above:

• you must only use, copy, distribute or modify any template or standard form documents made available through the Foreman Virtual Ecosystem (including employment agreements, workplace policies, performance and coaching reviews and surveys) for your internal business purposes, and obtain your own professional advice before using them;
• you are responsible for controlling which Users can access your account and each User’s level of access. We do not accept responsibility or liability for access to or use of Your Data by any of your Organisation Users, or use of your Organisation Users’ login details; and
• for so long as a User is connected to your account so that they become your Organisation User, you are jointly responsible and liable for that User’s compliance with this clause.

13. Invoicing and payment of Subscription Fees and other fees

• A valid payment method and accurate billing information is required to process your Subscription Fee payment. By submitting such payment information, you authorise us to charge all fees incurred through your account to any such payment method. If you miss a payment, we may suspend your access to the Foreman Virtual Ecosystem until payment is made.
• If you have signed a Customer Agreement, we will invoice you monthly on the last day of each month beginning on the first full month after you sign. You must pay this invoice within 14 days from the date of the invoice we issue to you.
• If you signed up through the Foreman Virtual Ecosystem, we will invoice you monthly on the last day of each month beginning on the first full month after you sign up. We will debit your payment details on the day we issue your invoice.
• For any upgrade or downgrade in your plan or Subscription level, you will be invoiced for the new rate on your next billing cycle. For the avoidance of doubt, you cannot downgrade your plan during your agreed Subscription Term.
• Unless otherwise stated, all fees are exclusive of sales taxes (like GST and VAT) and any other applicable taxes and duties. You are responsible for paying us the amount of any such taxes or duties that apply.
• From time to time, we may change the fees that apply to your use of the Foreman Virtual Ecosystem or any other products or services we provide to you. We will follow the process in the ‘Changes to the Foreman Virtual Ecosystem and Foreman Virtual Ecosystem Terms’ clause for any such changes.

14. Subscription Term and automatic renewal

• Paid Organisations agree to pay the applicable Subscription Fees for the Subscription period that you agree with us (Subscription Term). You may agree to a minimum term with us. If you do, then you cannot cancel your Subscription before the end of that minimum term.
• At the end of your Subscription Term, your Subscription will automatically renew for successive 1 month Subscription Term periods unless you cancel your Subscription at least 30 days before your next renewal date. As an example, if you were beyond any minimum Subscription Term agreed with us, this means that if you cancel your Subscription part of the way through one month, your Subscription Fee will be payable for the month in which you cancel and the following month. Your access to your Paid Organisation account and features will remain until the end of the following month.
• If you are a Paid Organisation, you may cancel your Subscription by contacting us, in which case:

• 1. you will not be entitled to any credits or refunds in respect of any Subscription Fees you have already paid; and
• 2. you will continue to have access to the Foreman Virtual Ecosystem as a Free Organisation Account after the end of your Subscription Term.

15. Termination by you

• You can stop using the Foreman Virtual Ecosystem at any time. You can terminate your account by contacting us if all of your outstanding payment or other obligations under the Foreman Virtual Ecosystem Terms have been satisfied.
• If you are an Organisation and you terminate your account, each of your Organisation Users will continue to have a User Account.
• You may terminate your Subscription and this agreement at any time by written notice if:

• 1. we commit a material breaches of any if the Foreman Virtual Ecosystem Terms and do not remedy the breach within 14 days of receiving notice of the breach;
• 2. we commit a material breach of any of the Foreman Virtual Ecosystem Terms and the breach cannot be remedied; or
• 3. our business becomes insolvent, goes into liquidation or has a receiver manager appointed over any of its assets, we become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

16. Termination or suspension by us

• We may terminate or suspend your access to the Foreman Virtual Ecosystem, this agreement and your Customer Agreement (either in whole or in part) immediately by notice to you if you (and if you are an Organisation, any of your Organisation Users):

• 1. commit a material breach of any of the Foreman Virtual Ecosystem Terms and do not remedy the breach within 14 days of receiving notice of the breach;
• 2. commit a material breach of any of the Foreman Virtual Ecosystem Terms and the breach cannot be remedied;
• 3. fail to pay any fees to be paid under the Foreman Virtual Ecosystem Terms;
• 4. infringe our Intellectual Property Rights; or
• 5. you or your business becomes insolvent, goes into liquidation or has a receiver manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

17. Effect of suspension by us

• If we suspend your use of the Foreman Virtual Ecosystem under the Foreman Virtual Ecosystem Terms:

• 1. we will continue to charge you for any fees (including Subscription Fees) during the suspension period and you must pay any outstanding fees before we resume providing access to the Foreman Virtual Ecosystem; and
• 2. we will only resume your access to the Foreman Virtual Ecosystem after you have cured the matter that caused the suspension to our reasonable satisfaction.

18. Your Data on termination

• After your account has been terminated, we will have no obligation to store or provide access to Your Data or any parts of the Foreman Virtual Ecosystem.
• We may delete or remove any of Your Data stored on the Foreman Virtual Ecosystem after 3 months from the date of termination. We will not be liable for any losses incurred directly or indirectly from the loss of Your Data after termination.

19. Who owns Your Data

• We do not own Your Data. You grant us a licence to use, copy, store, transmit, analyse, and back up Your Data, for the purpose of providing the Foreman Virtual Ecosystem, related services and improvements to you, to carry out data analytics using de-identified aggregated data, to communicate with you about the Foreman Virtual Ecosystem and our services and to send information that we think may be of interest to you.
• If you are a User, then you will retain ownership of your personal information or data contained in Your Data, together with information relating to services provided directly between you and us that do not relate to any Organisation your account is connected with.
• If you are an Organisation, then you will own Your Data including any personal information in Your Data relating to you and your current or former Organisation Users.

20. Data use and privacy

• We take your privacy and data protection seriously. We will comply with all applicable data protection and privacy laws that apply to Your Data. In addition to these General Terms, our applicable Privacy Policy sets out in detail how we may collect, use and process personal information contained in Your Data.
• By using the Foreman Virtual Ecosystem you consent to our use of Your Data as described in our applicable Privacy Policy.
• You agree to comply with any reasonable data privacy and security policies and standards that apply to your use of the Foreman Virtual Ecosystem that may be communicated to you from time to time.
• You must have the right to upload or otherwise provide Your Data to us. If you enter or upload another person’s personal information, confidential information or intellectual property to the Foreman Virtual Ecosystem, you are responsible for obtaining all consents or otherwise complying with any laws relating to the collection and use of the information in Your Data required  to allow us to store and use Your Data to provide the Foreman Virtual Ecosystem services and as permitted by the Foreman Virtual Ecosystem Terms. If you are an Organisation, you are responsible for your Organisation Users complying with this clause.
• We have no obligation to monitor Your Data. However, we may remove Your Data or suspend or terminate your access to the Foreman Virtual Ecosystem Platform if we consider in good faith that Your Data breaches the Foreman Virtual Ecosystem Terms or any law or in response to a take-down request or allegation that Your Data breaches any other person’s rights. We are not liable for any losses you may incur if we take any actions permitted by this clause.

21. Data breach notifications

• In these General Terms, Data Breach means any actual or suspected misuse of or damage to, accidental or unauthorised access to, disclosure, processing or destruction of any personal information contained in Your Data.
• If there is a Data Breach affecting Your Data, we will comply with our obligations to notify and assist you and to remediate the Data Breach under any data protection laws that apply to you or Your Data.
• If you believe that there may have been a Data Breach impacting the Foreman Virtual Ecosystem, you must notify us as soon as possible and in any event within 24 hours of you becoming aware of the Data Breach.
• If a Data Breach happens, you:

• 1. must fully cooperate with us in investigating and remediating the Data Breach to prevent serious harm being caused to individuals using the Foreman Virtual Ecosystem;
• 2. must not notify any regulator, individual or other third party without our prior written consent unless such notification is required by law; and
• agree that we have absolute discretion and are responsible for:

• a. assessing whether individuals using the Foreman Virtual Ecosystem could suffer serious harm;
• b. determining if notification is required to affected individuals and any regulators;
• c. all correspondence and dealings with regulators and affected individuals, including the form, content and timing of any notices;
• determining the remediation strategy; and
• d. the costs of any of the above activities.

22. Intellectual Property Rights

• We are the sole owner of the Foreman Virtual Ecosystem, other than any open source software components in the Foreman Virtual Ecosystem which are subject to their relevant open source licences and do not form part of the licence given to you by these General Terms.
• All Intellectual Property Rights in the Foreman Virtual Ecosystem, including copies, modifications, updates or new releases, vest with us or our licensors.
• You assign to us any Intellectual Property Rights in suggestions, ideas, enhancement requests, or other feedback you provide to us relating to the Foreman Virtual Ecosystem or any other services we provide.
• Nothing in the Foreman Virtual Ecosystem Terms creates an assignment or transfer of any kind of any of our Intellectual Property Rights to you.

23. Confidentiality

• In these General Terms, Confidential Information of a party means information of a confidential nature including information about its business, operations, strategy, administration, technology, affairs, clients, customers, employees, contractors or suppliers, but does not include any information that is in the public domain other than through a breach of confidence.
• While using the Foreman Virtual Ecosystem you may share Confidential Information with us, and you may become aware of Confidential Information about us. We refer to the party (you or us) that is receiving Confidential Information as the Recipient in this clause.
• You and we acknowledge that a breach of this clause may cause irreparable harm for which damages may not be an adequate remedy. The party whose Confidential Information may be disclosed as part of any breach of this clause may seek injunctive relief against the other party or to compel specific performance in addition to any other remedies available at law.
• The Recipient agrees that it must keep confidential and not disclose to any third party Confidential Information of the other party and to take reasonable steps to protect the other party’s Confidential Information from being accessed by unauthorised third parties, with the exception that a Recipient may disclose such Confidential Information to:

• 1. a third party with the prior written consent of the party that owns the Confidential Information (where the consent given may be conditional);
• 2. the Recipient or its affiliates’ officers, agents, professional advisors, employees, contractors, subcontractors auditors and insurers, provided that these recipients are subject to confidentiality obligations at least as stringent as this clause; or
• 3. a governmental, administrative, regulatory, fiscal or judicial body, department, commission, authority, tribunal or agency where the Recipient is required to do so, provided that it uses commercially reasonable efforts to give the other party written notice before the disclosure (if notifying the other party is permitted by law).

24. Disclaimer of warranties

• Except as required under applicable law, the Foreman Virtual Ecosystem, any Third Party Services contained in it and any other services we provide to you are provided on an ‘as is’ and ‘as available’ basis.
• To the maximum extent permitted by law, we exclude all express or implied warranties, guarantees or representations including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
• Where there are any non-excludable warranties, guarantees or other rights provided by law (including under the Australian Consumer Law), these still apply. The Foreman Virtual Ecosystem Terms do not exclude, restrict or modify them. Our liability for breach of any such non-excludable warranty, guarantee or other right is limited to (at our option) either replacing or paying the cost of replacing the relevant service (unless the law requires otherwise).

25. You indemnify us

• You indemnify us, each of our directors, officers, employees, agents and licensors against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with:

• 1. your breach of clause 20.5; or
• 2. any third-party claims against us relating to you (and if you are an Organisation, your Organisation Users’) use of the Foreman Virtual Ecosystem, Your Data or any third-party service (except where we breach the Foreman Virtual Ecosystem or where we are negligent).

26. We indemnify you

• Subject to the remainder of this clause, we will defend you against any claims made by a third party that the Foreman Virtual Ecosystem and any content or services provided through the Foreman Virtual Ecosystem that you use under the Foreman Virtual Ecosystem Terms infringes that third party’s Intellectual Property Rights (Infringement Claim) provided that you notify us promptly of any such Infringement Claims, give us sole control over the defence and settlement of the Infringement Claims, and provide reasonable assistance to us in defending the Infringement Claim. This indemnity is limited to:

• 1. the amount paid by you to the third party based on a settlement (agreed by us) or final court judgement; and
• 2. reasonable legal and other out-of-pocket expenses that you incur in providing the assistance referred to above.

• If we reasonably believe that an Infringement Claim under this clause may bar your use of the Foreman Virtual Ecosystem, we will either obtain the right to keep using the Foreman Virtual Ecosystem, or modify or replace the Foreman Virtual Ecosystem or any particular feature with a functional equivalent. If either of these options would cause unreasonable costs to us, we may terminate your right to use the infringing Foreman Virtual Ecosystem content or service and we will reimburse the corresponding proportion of prepaid subscription fees for the terminated Foreman Virtual Ecosystem content or service on a pro-rata basis.
• We are not liable to you under this clause if the Infringement Claim results from:

• 1. use of the Foreman Virtual Ecosystem in violation of the Foreman Virtual Ecosystem Terms or against our written instructions;
• 2. alteration of the Foreman Virtual Ecosystem service or content by you (or if you are an Organisation, your Organisation Users) where this is not authorised by us in writing;
• 3. our compliance with your (or if you are an Organisation, your Organisation User’s) express written instructions; or
• 4. use of the Foreman Virtual Ecosystem in combination with any product or service not provided by us or that is not a Third Party Service if the Foreman Virtual Ecosystem would not infringe without such combination.

27. Excluded liability

• Subject to clause 29 and to the maximum extent permitted by law, in no event will any party be liable to the other party for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
• To the maximum extent permitted by law, we will not be liable to you or any third party in connection with these General Terms in any way for:

• 1. your breach of the Foreman Virtual Ecosystem Rules;
• 2. loss or corruption of Your Data, although in these circumstances we will take reasonable steps to attempt to recover Your Data from our available backups; or
• any delay or failure to perform obligations under the Foreman Virtual Ecosystem Terms due to events that are beyond our reasonable control, including failure of power, telecommunications or data networks, natural disasters, government orders, strikes, wars, epidemics or pandemics.

28. Limitation on liability that is not excluded

• Subject to clause 29 and to the maximum extent permitted by law, the total cumulative liability of each party for all loss, damage, cost or expenses (including legal costs) suffered by the other party for all claims of any kind in connection with these General Terms that is not otherwise excluded under the ‘Excluded liability’ clause is limited, in aggregate total, to:

• 1. if you are a Paid Organisation, the Subscription Fees paid or payable by you to us in the 6 months immediately before the date the claim arose; or
• 2. if you are not a Paid Organisation, A$100.

29. When the exclusions and limitations on liability won’t apply

The exclusion of liability under the ‘Excluded liability’ clause and the limitation on liability under the ‘Limitation on liability that is not excluded’ clause will not apply to liabilities arising out of your indemnification obligations under these General Terms or any breach of the Foreman Virtual Ecosystem Rules.

30. Limitations on liability apply to our affiliates

You acknowledge that the limitations and exclusions of liability contained in the Foreman Virtual Ecosystem Terms are intended to operate for the benefit of us and our affiliates, and agree to indemnify us for all amounts claimed by you or any of your affiliates to the extent that such amounts, in aggregate, are of a type of loss which would otherwise be excluded under the ‘Excluded liability’ clause or that exceed the limitations on liability under the ‘Limitation on liability that is not excluded’ clause.

31. Disclaimer about content on the Foreman Virtual Ecosystem and professional advice

• We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Foreman Virtual Ecosystem for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
• No part of the Foreman Virtual Ecosystem is intended to provide you with professional advice. We may provide you with information that we think is helpful to you or provide you with tools to assist with compliance, as part of the Foreman Virtual Ecosystem or otherwise, but these should not be seen as a substitute for professional advice, and we will not be liable for your use of the information or tools in that way. You are responsible for complying with the laws and other requirements that apply to your business and you should obtain separate professional advice where required.

32. Additional services, new products and account upgrades

• We may agree with you to provide additional products or services related to the Foreman Virtual Ecosystem including implementation services, data cleansing services, advisory services, development of template documents or employee services. Such services will be subject to the Foreman Virtual Ecosystem Terms and any additional terms that are notified to you before we provide the services.
• We’re always looking to expand and improve the Foreman Virtual Ecosystem to provide you with new or updated features. We will notify you of any Feature Specific Terms for these new features before you start using them.
• Fees payable by you for any such additional products and services we provide will be set out in your Customer Agreement or otherwise in the Feature Specific Terms for that product or service.

33. Beta, pre-release and trial features

• We may make trial, pre-release or beta versions of new products or services available to you. Your use of these will be subject to any additional terms that we specify from time to time.
• You agree that pre-release and beta products or services may be inoperable or incomplete, and may contain errors or bugs, and that you use any pre-release or beta versions of products or services at your own risk.
• You also agree that we may terminate your access to trial, pre-release or beta features at our discretion without liability to you.

34. Third party services

• Some of the products and services available through the Foreman Virtual Ecosystemare provided by third party providers (Third Party Services).
• Your use of any Third Party Service is subject to any additional terms and conditions that apply to that Third Party Service. You are responsible for reviewing and agreeing to such third party terms and conditions including how the Third Party Service may use Your Data. If you do not agree to the terms and conditions that apply to a Third Party Service, then we may suspend or cancel your account or limit the relevant functionality.
• Unless we otherwise specifically state, we do not endorse or make any warranties or representations about any Third Party Services.
• We disclaim all liability for any Third Party Services and for the acts or omissions of any third party provider of Third Party Services.

35. Reseller Organisations

• If you are a Reseller Organisation, then you must comply with the Foreman Virtual Ecosystem Terms that apply to you as well as any terms in your reseller’s agreement. Resellers are not authorised to make promises or warranties on our behalf, and to the extent permitted by law, we are not bound by any obligations to you other than those specified in the applicable Foreman Virtual Ecosystem Terms.
• Reseller Organisations are supported and their accounts are managed by their reseller.
• Resellers can support and assist Reseller Organisations with the Foreman Virtual Ecosystem.

36. General

• Publicity rights: We may refer to Organisations as a Foreman customer on the Foreman Websites or in our promotional materials. You may ask that we stop doing this by submitting a support request at support@foreman-app.com. It may take up to 30 days to process your request.
• Notices: Any notices to us under the Foreman Virtual Ecosystem Terms must be sent via a support request at support@foreman-app.com. We may send legal notices to you by email to the email address you have provided to us or through the notification functionality in the Foreman Virtual Ecosystem.
• Assignment and transfer: The rights given to you under the Foreman Virtual Ecosystem Terms are personal and must not be assigned or transferred without our prior written consent. In your case, we will not unreasonably refuse our consent if the assignee agrees to be bound by the Foreman Virtual Ecosystem Terms and we do not consider them to be a financial or other risk. You agree that we may assign, novate or otherwise transfer our rights and obligations under the Foreman Virtual Ecosystem Terms (in whole or in part) by notice to you without your further consent.
• Independent parties: We are independent contractors. Unless the parties explicitly agree in writing otherwise, nothing in the Foreman Virtual Ecosystem Terms are to be interpreted as forming a partnership, joint venture, franchise, agency, fiduciary or employment relationship between us and you, or as forming any other type of legal association that would give you the right, power or authority to bind or create any duty or obligation of ours.
• Survival of terms: Any terms that by their nature should continue to apply after termination of the Foreman Virtual Ecosystem Terms will continue to apply.
• Governing law and disputes: These General Terms are governed by the laws of New Zealand, and subject to the exclusive jurisdiction of the courts of New Zealand. If you have any concerns or complaints about us or the Foreman Virtual Ecosystem, please contact us by submitting a support request at support@foreman-app.com. If you and we have a dispute or claim arising out of related to the Foreman Virtual Ecosystem Terms or the Foreman Virtual Ecosystem, the disputing parties must consult and negotiate in good faith to resolve the matter. If they are not able to reach a settlement within 60 days, then either party may commence legal proceedings.
• Severability: If any part or provision of the Foreman Virtual Ecosystem Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of the Foreman Virtual Ecosystem Terms will be binding on the parties.
• Jurisdiction specific terms: Laws may apply to you (or if you are an Organisation, your Organisation Users) or to us as a result of your specific location. If this is the case, and if those laws are inconsistent with any part of the Foreman Virtual Ecosystem Terms, those laws will prevail to the extent of the inconsistency.