Preamble - Terms of Service
These Terms of Service, together with the Subscription Agreement, the Data Processing Agreement, the Privacy Policy and the Student Referral Agreement (collectively the “Agreement”), constitute a legal agreement between AADHAAR HOLDINGS PTY. LTD., Australian Business Number 12 604 794 452, trading as First Source World, with address Unit 27, 2 O'Connell St, Parramatta, NSW, Australia, 2150 (“First Source World”, “we”, “us” or “our”), and a corporation or other legal entity, (the “Client”), or you as an employee, consultant, agent or other permitted individual using the FSW Services, (the “User”), (both referred to as “you” if applicable to both), governing the access to the First Source World application, being the First Source World App (the “App”) and FSW platforms, being the First Source World Customer Relationship Manager (CRM) which includes the Referral Portal and Client Portal (the “Platform”), and the First Source World website, which include the course search function which can be found at https://flow.firstsourceworld.com/search/, (jointly referred to as the “FSW Services”) or any third party app or services provided to you in which the FSW Services have been incorporated or form an integral part of. The content and functionality of the FSW Services are described at https://firstsourceworld.com (“Website”).
By accepting the Terms of Service, Data Processing Agreement and Privacy Policy, through such means as clicking the “accept” button, signing the Subscription Agreement, or any other means of acceptance, you agree to be legal bound by these Terms or Service, Data Processing Agreement and Privacy Policy as they may be modified and posted on our Website from time to time.
If you do not agree with these Terms of Service, the Data Processing Agreement and the Privacy Policy, you may not use the FSW Services. These separate agreements can be found at:
- Terms of Service: https://firstsourceworld.com/terms
- Privacy Policy: https://firstsourceworld.com/privacy
- Data Processing Agreement: https://firstsourceworld.com/data
You agree that using any part of the FSW Services is a form of agreement to these Terms of Service, the Data Processing Agreement and the Privacy Policy.
First Source World and the Client or User are each referred to as a “Party”, and jointly referred to as the “Parties”.
If you use the FSW Services in your capacity as an employee, consultant, agent or other representative of a Client, please note that, in case of conflict between these Terms of Service and any separate written agreement between your employer or contracted party and First Source World, such agreement shall prevail, to the extent necessary to resolve such conflict.
If you are an appointed representative of the Client you will, by entering into a Subscription Agreement or by using the FSW Services, also legally bind the Client you represent to the terms and conditions stated herein. This will apply irrespective of whether you have entered into an agreement directly with First Source World or if you have entered into an agreement with a partner to First Source World (“Partner”).
The terms and conditions of these Terms of Service shall apply between you and First Source World. In case of conflict between what is stated in the Subscription Agreement and this Agreement, the Subscription Agreement shall prevail.
1. Client Subscriptions
1.1 The FSW Services
(a) The FSW Services' availability for the Client is subject to the Subscription Agreement.
(b) The Subscription Agreement allows the Client to:
- (i) offer its Users to activate and gain access to the FSW Services; and
- (ii) select “Admin Users”, who are Users with additional administrative privileges, such as access to Users' personal data, the ability to issue and cancel User Accounts, and other additional functions and content restricted only to Admin Users.
(c) A requirement for access is that:
- (i) offer its Users to activate and gain access to the FSW Services; and
- (ii) the Client and Users accept these Terms of Service, the Data Processing Agreement and the Privacy Policy.
(d) The FSW Services are provided as subscriptions and may be accessed by the maximum number of Users and Admin Users purchased according to the Subscription Agreement between the Client and First Source World or its duly appointed Partner. Should the number of Client's registered Users or Admin Users at any time exceed the agreed number of subscriptions set out in the Subscription Agreement, First Source World reserves the right to charge the Client for such additional subscriptions in accordance with clause 1.6 below.
(e) Client's will be required to provide to First Source World their full legal name and company number (if relevant), address, a valid email address, and any other information requested in order to provide the Client with access to the FSW Services.
(f) All Users and Admin Users must be above the age of 16 years old.
(g) Clients must agree to the Student Referral Agreement to access the FSW Services.
(h) For the purposes of these Terms of Service, account or First Source World Account means the account that is used to access and/or use the any FSW Service where Admin accounts are issued to Admin Users, and User accounts are issued to Users.
1.2 First Source World's Role
(a) As part of the FSW Services, First Source World displays goods or services sold by third party sellers on its website and allows third party sellers to list and sell their products on First Source World's website. While First Source World helps facilitate transactions between you and third party sellers on its website, First Source World is neither the seller nor the buyer of these products or services. Accordingly, the contract formed at the completion of a sale for these third party goods or services is solely between the buyer and the seller. First Source World is not a party to this contract nor assumes any responsibility arising out of it.
(b) First Source World uses best efforts to ensure that prices for all products or services displayed on its website are accurate, however, prices for products or services displayed on First Source World's website are determined by the ultimate seller of these products and services and may be subject to change. Accordingly, the price for the relevant product or service will be the price that is agreed between the buyer and the seller when the final agreement is made. This is especially relevant for goods or services that may only be applied for through First Source World's website rather than directly purchased, such as courses offered by universities, private higher education providers or vocational colleges. First Source World will not be liable in any instance where a price for a good or service charged by a seller is different from the price as displayed on First Source World's website.
(c) Goods or services which may be purchased or applied for through First Source World's website are subject to the supplier's availability to provide or sell the relevant good or service. In the event that a relevant good or service is no longer able to be provided by the relevant supplier (i.e. in relation to goods, all stock has been sold, and in relation to services, the provider no longer has capacity or ability to supply that service) First Source World will not be liable to provide that good or service to you.
1.3 Relationship Between Client, Users and Admin Users
(a) The Client is responsible for ensuring that all contact, email and name details used in connection with the FSW Services are accurate and current during the term of the Subscription Agreement. The Admin Users through their Admin Account, control the day-to-day administration of the User accounts. The Admin Users can cancel access to the FSW Services, enable or disable third party integrations, manage permissions and export settings. These actions may result in changes to the access, use, disclosure, modification or deletion of certain or all Customer Data.
(b) Invited Users may access the FSW Services and submit content or information (“Customer Data”) subject to the provisions of these Terms of Service. The Client shall ensure that all Users and Admin Users shall comply with these Terms of Service and the Client shall be liable for any breaches of the Terms of Service caused by any acts or omissions of the Users and/or Admin Users as if the Client had carried out such acts or omissions itself.
1.4 Customer Data
(a) The Client owns all content and data that is added to the FSW Services and shall retain sole ownership of all rights, title and interest in, and to, the Customer Data. The Client has the sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
(b) The Client grants First Source World the perpetual right to use Customer Data in an anonymized format.
(c) We have no responsibility for the way in which you choose to use the FSW Services to store or process the Customer Data. In particular, we may now, or in the future, maintain a directory where some non-First Source World products are available for integration or you may choose to create your own integration via the application program interface (“API”). We do not warrant or support these products and you decide whether or not you wish to enable them. If you choose to use any third-party integration and we become aware of excessive requests to your account via the API we reserve the right to suspend access to the API. We shall attempt to email you prior to suspension.
(d) If Customer Data is being passed from, or to, the FSW Services through an API, we will not be responsible for any use, disclosure, modification or deletion of Customer Data that is transmitted, or accessed by, third party products.
1.5 Data Processing and Privacy
(a) Each party undertakes to comply with its obligation under relevant applicable data protection laws, principles and agreements.
(b) To the extent that personal data is processed by us on the Client's behalf when you or Users use the FSW Services, you acknowledge that we are a data processor and the Client is a data controller. The terms of the Data Processing Agreement shall apply to all Customer Data that we process on the Client's or your behalf.
(c) All data subject to the Privacy Policy which is provided during the use of the FSW Services will be used by us in accordance with the terms of the Privacy Policy.
(d) If a third party alleges infringement of its data protection rights, we shall be obliged to take measures necessary to prevent the infringement of a third party's rights from continuing.
1.6 Right to Vary Terms of Service
(a) First Source World reserves the right to vary these Terms of Service from time to time and will advise you by email when changes are made. You should refer to the Website https://firstsourceworld.com/terms for the latest version of the Terms of Service. You shall be deemed to have accepted any variations or amendments unless you inform us in writing at contact@firstsourceworld.com of your refusal to accept the variation or amendment within 14 days of its publication. Changes made for legal reasons will be effective immediately. If there is a conflict between these Terms of Service and any later version of the Terms of Service, the later version of the Terms of Service will prevail. If you do not agree to a later version of these Terms of Service, you should discontinue your use of the FSW Services.
1.7 Fees and Payments
(a) All fees and charges are charged in accordance with the Subscription Agreement. The fees stated in the Subscription Agreement are based on conditions and prerequisites stated by the Client prior to entering into the Subscription Agreement. If the actual conditions and prerequisites deviate from what the Client has stated and the deviation results in additional work for First Source World, First Source World has a right to adjust the agreed fee to cover its actual costs for any additional work required to implement and provide the Client with the agreed FSW Services or additional services, as the case may be. If no actual conditions or prerequisites have been agreed, First Source World has the right to charge the Client for additional work pertaining to deviations from what First Source World reasonably could have expected regarding the Client.
(b) Fees are based on the agreed FSW Services, and the Client shall pay all fees specified in this Agreement. The fees payable by the Client may consist of a) fixed fees, such as subscriptions, which are due at the end of the billing period as stated in the Subscription Agreement and if not stated in the Subscription Agreement, as stated in this Agreement, and b) usage-based fees, such as SMS costs, which are due in arrears and c) any other fees stated in the Subscription Agreement.
(c) Except as otherwise specified herein, (i) fixed fees are based on services purchased and not actual usage, (ii) fees paid are non-refundable. FSW Services purchased may be cancelled at any time and the Client shall only be charged for the number of days used. When calculating the number of days used, First Source World will calculate the number of days since the last full payment (being a payment resulting in no money being owed to First Source World by the Client), and attribute 1/30th of the price of the monthly subscription as specified in the Subscription Agreement for each day since the last full payment. Fees are based on periods that begin on the start date; therefore, fees for additional services added during a relevant term will be charged for the remaining part of such term and prorated on the following invoice. Client shall, unless expressly stated as included in the fixed fee, pay all usage-based fees.
(d) Additional User subscriptions may be added during the applicable subscription term at the same pricing as that for the pre-existing subscriptions thereunder and prorated in accordance with the calculation contained in clause 1.6(c). The added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users only and cannot be shared or used by more than one (1) User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the FSW Services.
(e) Any User subscriptions registered by the Client exceeding the maximum number of subscriptions agreed upon in the Subscription Agreement shall be regarded as additional User subscriptions.
(f) Unless otherwise stated in this Agreement, invoiced charges are due net fourteen (14) days from the invoice date. The Client is responsible for providing complete and accurate billing and contact information to First Source World and notifying First Source World of any changes to such information. All prices are excluding VAT/GST (as applicable).
(g) If any amount owing by the Client under this or any other agreement for the FSW Services is fourteen (14) or more days overdue, First Source World may, without limiting its other rights and remedies, suspend the FSW Services to the Client until such amounts are paid in full. First Source World will give the Client at least seven (7) days' prior notice that the Client's account is overdue before suspending the FSW Services for the Client.
(h) Unless otherwise stated, First Source World's prices and fees do not include VAT/GST (as applicable).
(i) First Source World has the right to adjust the price for use of the FSW Services at any time. First Source World will notify the Client at least 20 days before any price increase for the FSW Services will take effect (“Price Increase Notification”). The Price Increase Notification will be sent via email and will contain details about the price change, which shall include the amount of the price increase and the date the price increase will take effect. Price increases for the FSW Services will take effect at the start of the subscription period immediately following the delivery of the Price Increase Notification.
1.8 Term and Termination
(a) The subscription for the FSW Services, and this Agreement, commences on the Subscription Start Date (as defined in the Subscription Agreement). The initial subscription term shall start on the Subscription Start Date and end on the last day of the calendar month (within the same calendar year) that the Subscription Start Date commenced in (“Initial Subscription Term”). At the end of the Initial Subscription Term, the subscription term will automatically renew for an additional 1 calendar month and shall continue to automatically renew on a month-to-month basis thereafter.
(b) The Client may end the subscription term at any time and will only be charged for the days of usage as calculated in clause 1.6(c).
(c) First Source World may terminate this agreement by giving at least (90) days written notice to the Client.
(d) First Source World may terminate this Agreement for cause:
- (i) upon thirty (30) days written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or
- (ii) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
1.9 Other
(a) The Client hereby grants to First Source World the right to use the Client's company name and logo in marketing, sales, public relations materials, and other communications solely to identify the Client as a customer to First Source World and that Client uses the FSW Services. First Source World hereby grants the Client the right to use First Source World's name and logo in marketing, sales, public relations materials, and other communications solely to identify First Source World as a supplier to the Client.
(b) The Parties shall have the right but no obligation to issue press releases regarding the Agreement to the extent required under regulations of any applicable stock exchange.
(c) First Source World has the right to engage subcontractors for its performance of the FSW Services and is responsible for the acts and omissions of such subcontractors.
(d) All information which is not publicly available, whether oral or written or in visual, electronic or tangible form, regarding or otherwise relating to a Party or to any of its business matters, which has been disclosed or may be disclosed to the other Party (the “Receiving Party”) or which the Receiving Party has or may otherwise become aware of in connection with this Agreement, shall at all times be kept strictly confidential by the Receiving Party and not be used by it for any other purpose than the performance or enforcement of this Agreement, nor be disclosed by it to any third party without the prior written consent of the other Party (such consent not to be unreasonably withheld).
(e) The restriction in clause 1.8(d) above shall not apply to the Parties' right to disclose information in accordance with clause 1.8(a) and 1.8(b) above.
2. Terms of Use
2.1 General
(a) If a Client has acquired access to the FSW Services and intends to enable its employees, agents, directors, or similar Users and Admin Users to use the FSW Services, First Source World will provide the FSW Services to the Client who in turn will provide access to the FSW Services to its Users and Admin Users. The Client shall be fully responsible under this Agreement for the acts and omissions of Users and Admin Users affiliated with the Client.
(b) Please note that, depending on your location, some of the terms in this Agreement may not apply to you. First Source World will always provide the FSW Services in accordance with the legal requirements applicable to you. If there is a conflict between any terms in this Agreement and any legal requirements applicable to you in your jurisdiction, such legal requirements will prevail.
(c) When a Client has acquired access to the FSW Services through a Partner, and that Partner has granted the Client rights exceeding the rights stated in this Agreement, the Client, User and Admin User acknowledge and accept that such rights cannot be claimed or enforced against First Source World and that First Source World has no liability for any damage or loss arising from those rights.
2.2 Service
(a) If you use the FSW Services as a service provided by your employer, then First Source World provides the FSW Services to your employer or your agency who in turn provides access to the FSW Services to you.
(b) First Source World is constantly changing and improving the FSW Services. First Source World may add or remove functionalities or features and may suspend or stop the FSW Services altogether.
2.3 Intellectual Property Rights
(a) First Source World or its licensors own all Intellectual Property Rights (as defined in clause 2.3(c) below) and all other rights (whether or not capable of registration) relating to First Source World's business including the FSW Services, the Platform, the App, and its content (save for content provided by a Partner or Client or third party content provider), trademarks, domain names and any other materials, documentation or services made available to you or otherwise offered by First Source World. The Intellectual Property Rights is protected by law, including Australian and foreign intellectual property law and market law. This means that trademarks, company names, product names, images and graphics, designs, layouts, information on products, services, and other content published on the First Source World Website (www.firstsourceworld.com), in the App or in the Platform may not be copied or used without First Source World's prior written consent.
(b) “Intellectual Property Rights” means patents (including utility models), design patents, design rights (whether or not capable of registration), copyrights, copyright related rights, moral rights, rights in databases, trademarks, trade secrets, know-how, trade names, rights under marketing law and passing off, topography rights and semiconductor chip rights, and all other intellectual property rights; in all cases whether or not registered or registerable, and applications for any of the foregoing respectively, and all rights to apply for the same, and all rights and forms of protection of a similar nature or having a similar effect to any of these anywhere in the world.
(c) Subject to your proper fulfillment of this Agreement, First Source World grants you a personal, non-assignable and non-exclusive license to use, and, if you are a Client, enable your Users to use the FSW Services. This license is for the sole purpose of enabling you to use the FSW Services as provided by First Source World or a Partner, in the manner permitted by this Agreement. You may not copy, modify, distribute, sell, or lease any part of the FSW Services, the Platform, the App or included software, nor may you reverse engineer or attempt to extract the source code of the FSW Services, the Platform, the App or included software, unless laws prohibit those restrictions, or you have been granted First Source World's written permission. Written permission provided by First Source World may be rescinded at any time. You shall not, directly, or indirectly, use, register or try to register any trademark or any other words or phrases, or name of a company or organization, which are or may be considered as similar to First Source World's trademarks, or attempt to do anything of the aforesaid.
(d) You have no obligation to provide First Source World with input, ideas, suggestions or improvements to the FSW Services (“Feedback”). However, if you submit any Feedback to First Source World (or its duly appointed Partner), then you grant First Source World a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on Intellectual Property Rights or otherwise.
2.4 Use and Equipment
(a) You warrant and undertake that you shall at all times conduct your business and use the FSW Services in full conformity with all applicable laws and regulations as well as in compliance with good and sound business practice. This includes but is not limited to that you may under no circumstances, and the Client shall procure that no Users or Admin Users of the Client, use the FSW Services to publish, distribute, copy or otherwise transmit any data or information that:
- (i) it does not have the right to distribute by law or agreement;
- (ii) is infringing, contributes to infringement, or encourages others to infringe intellectual property rights or trade secrets;
- (iii) contains any viruses, trojans, Internet worms, malware, or that may otherwise damage or adversely affect the FSW Services; or
- (iv) otherwise causes damage or other inconvenience to First Source World or third parties.
(b) You are not allowed to, in an automated and/or commercial way, disseminate, copy, or publish the information received through the FSW Services.
(c) Notwithstanding clause 2.4(b) publishing information received through the FSW Services is allowed when the FSW Services are used as intended.
(d) You must ensure that no unauthorized person or entity (i.e. any other person or entity than you) is able to use your login details. You may not disclose your usernames, passwords or other access credentials to any unauthorized person and must ensure that documents containing your username, password or other access credentials are kept in such a way that unauthorized persons cannot gain access to the information. You are responsible for all acts or omissions by an unauthorized person using your access credentials and must immediately notify First Source World if you become aware of any unauthorised use of your account, passwords or any breach of security.
(e) First Source World has the right to, at any time, suspend or terminate the FSW Services if you violate the Agreement or otherwise use the FSW Services in a way that may cause First Source World or a third party any harm. First Source World shall not be liable for such suspension or termination.
(f) If you as a Client has acquired access to the FSW Services by entering into an agreement with a Partner, First Source World has the right to, at any time, suspend or terminate the FSW Services due to any breach by the Partner of its agreement with First Source World, or termination of the agreement between First Source World and the Partner for any other reason, irrespective of whether you have complied with the agreement between you and the Partner and this Agreement. First Source World shall not be liable for such suspension or termination.
(g) You are solely responsible for the technical equipment and any additional services needed to use the FSW Services, such as, but not limited to, computers, mobile phones, mobile phone subscriptions, Internet access, WiFi connection, and travel management services. You acknowledge and accept that the provision of the FSW Services is dependent upon third party providers, e.g. internet providers or cloud services, and that First Source World has no responsibility for such third party providers.
2.5 Indemnification
(a) Each Party agrees to indemnify, defend, and hold harmless the other Party, its subsidiaries, agents, licensors, managers, consultants, officers, directors, employees, contractors, advisors, affiliates, and partners from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney's fees), related to or arising from any breach of this Agreement.
(b) In addition to Clause 2.5(a) above the Client agrees to indemnify, defend, and hold harmless First Source World its subsidiaries, agents, licensors, managers, consultants, officers, directors, employees, contractors, advisors, affiliates, and partners from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney's fees), related to or arising from:
- (i) the Client's or its Users' use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by First Source World;
- (ii) the Client's or its Users' access or use of the FSW Services and related content;
- (iii) the Client's or its Users' violation of any third-party right, including intellectual property and privacy rights;
- (iv) the Client's or its Users' violation of a law, rule, or regulation; or
- (v) another party's use of the FSW Services using the Client's or its Users' access credentials.
(c) First Source World reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this clause. In such case, you agree to cooperate with any reasonable requests assisting First Source World's defence of such matter.
2.6 Warranties and Disclaimers
(a) First Source World does not and cannot warrant that FSW Services will operate in a manner that is completely error free, nor that information provided is always accurate.
(b) First Source World undertakes to ensure that the FSW Services in all material aspects corresponds with the descriptions at www.firstsourceworld.com.
(c) Use of the FSW Services is at your sole risk, and you assume full responsibility for all risk associated therewith. All information provided through FSW Services is provided “as is” and “as available”, without any warranties or conditions. First Source World reserves the right, in its sole discretion and without any obligation, to correct any error or omission in any portion of the FSW Services, the Platform, or the App, with or without notice to you.
(d) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FIRST SOURCE WORLD AND ITS AFFILIATES HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FIRST SOURCE WORLD WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE FSW SERVICES.
(e) WITHOUT LIMITING THE FOREGOING, FIRST SOURCE WORLD AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE FSW SERVICES AND INFORMATION RETRIEVED OR RECEIVED FROM IT. FIRST SOURCE WORLD AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR COMPLETENESS, ERRORS, OR OMISSIONS IN THE INFORMATION, SERVICES, OR DOCUMENTS THAT ARE AVAILABLE IN, REFERENCED BY OR LINKED TO IN FSW SERVICES.
(f) The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
(g) First Source World may at any time inform you, by updating a non-compliance list, that the FSW Services cannot be used in certain regions, countries, or states due to applicable laws, and shall not be liable for your use of the FSW Services in such country. For the updated list of where the FSW Services cannot be used due to applicable laws or technical limitations, please visit www.firstsourceworld.com.
2.7 Limitation of Liability
(a) UNLESS AND TO THE EXTENT SPECIFICALLY STATED OTHERWISE, FIRST SOURCE WORLD SHALL HAVE NO LIABILITY FOR ANY DAMAGE OR LOSS OF ANY KIND (INCLUDING ANY CLAIMS AGAINST YOU BY THIRD PARTIES) UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING YOUR USE OF THE FSW SERVICES, REGARDLESS OF HOW IT WAS CAUSED AND WHETHER SUCH DAMAGE OR LOSS WAS FORESEEABLE OR NOT AT THE TIME WHEN THIS AGREEMENT WAS ENTERED INTO (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS).
(b) YOU AGREE THAT YOUR USE OF THE FSW SERVICES IS AT YOUR OWN RISK. IF YOU ARE NOT SATISFIED WITH THE FSW SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE FSW SERVICES.

