Terms & Conditions
Our website address is: https://fmsaudit.com
Essential reading for ALL users of this website
These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of the State of Victoria, Australia. All use of the FMS Audit website (hereafter “Website”) is subject to the unreserved acceptance by you as the user of this Website in a personal capacity or on behalf of an organization for the purpose of registering for a defined membership plan and the included service (hereafter “Service”) and subsequently as a subscribing organization (hereafter “Member”) of the terms and conditions as determined by Management Systems Auditing & Certification Services Pty Ltd trading as FMS Audit (hereafter “FMS Audit”) as set out below. Membership granted by FMS Audit to the Member is non-transferable and non-refundable. Any use of this Website constitutes the Member’s agreement to abide by the following terms and conditions which shall form a legally binding contract between the Member and FMS Audit.
Ownership of content and responsibility
The Website is, in all respects, unique to FMS Audit as its exclusive owner. All copyright and any other intellectual property rights in this Website, including materials downloaded by the Member from the Website (hereafter the “Materials”), together with its wording, look and feel, are owned by FMS Audit.
FM Audit grants to the Member a non-exclusive, non-transferable license to use the Materials for the period of membership in accordance with the terms and conditions contained herein. The Member may not copy, reproduce, distribute, publish, display, modify (other than where expressly permitted in writing by FMS Audit), create derivative works, transmit or in any way exploit the Materials, nor may the Member sell or offer the Materials for sale or use them to construct any kind of database. At the end of the period of membership, including any early termination by FMS Audit for any breach of these terms and conditions, the Member shall immediately return all Materials downloaded or otherwise obtained from FMS Audit.
FMS Audit makes no guarantees or warranties as to the accuracy or completeness of, or results to be obtained from, accessing and using the Materials. Neither FMS Audit nor any of its affiliates shall be liable to the Member or anyone else for any inaccuracy, error or omission, regardless of cause, in Materials or for any damages resulting therefrom.
FMS Audit takes all reasonable steps to ensure that the Materials, including computer code and computer files of whatever type contained within this Website, are free from viruses, trojans, worms, spyware or any other kind of malicious code. Even so, the Member must accept responsibility for using suitable anti-virus software on any Materials of whatever kind that may be viewed or downloaded from this Website and to ensure the compatibility of such Materials with the Member’s equipment.
Materials supplied by FMS Audit to the Member shall be entirely in digital format. No paper copies shall be issued or made available unless agreed in writing between the parties. Materials shall include, but are not limited to, a manual which shall summarize the requirements of the Facility Management System (hereafter “FMS”), the expected practices to be adopted and the procedures that meet those requirements. Prepared forms or other Materials may be listed for the Member’s convenience and reference but not all are included in the Service.
Limitation of liability
The liability of FMS Audit to the Member for any loss or claim arising under or in connection with the contract that shall exist between the parties is limited to the replacement of the Materials, where found to contain significant errors or omissions, and a partial refund of the fee paid for the Membership Plan equivalent to proportion of the period of membership during which the Materials were deemed to have contained significant errors or omissions or where the Services were unavailable through a failing on the part of FMS Audit. No refund of the fee shall be due as a result of any errors or omissions uncovered during the period of membership that are minor in nature and which do not impair the Member’s ability to operate and use its FMS, or any necessary adjustments of the Materials to bring them in line with any change in the published standard to which they refer together with any associated practices and procedures that are incorporated into the Service.
Liability for submitted information
In submitting information to this Website, the Member is responsible for the content of that information and is entirely responsible for retaining copies or other form of backup of any information so submitted. FMS Audit shall not be held responsible for any loss, corruption, theft or modification of such information howsoever caused by it or third parties.
FMS Audit has no responsibility for the content of any messages or information posted by the Member, or for the content of information of third parties on the internet, even if accessed through the Website’s pages. Furthermore, FMS Audit retains the right, which it may or may not exercise, in its sole discretion, to review, edit or delete any data or other information, irrespective of source, that FMS Audit deems to be illegal, offensive or otherwise inappropriate.
The Member agrees to indemnify FMS Audit from any damages, losses, costs or expenses that FMS Audit and its affiliates, their respective employees and authorized representatives might incur as a result of Materials submitted to this Website by the Member. The Member further agrees not to use the Website illegally or in a manner which causes or may cause an infringement of the rights of FMS Audit, its affiliates and/or any other party.
The Member may not use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to knowingly submitting or making available Materials containing corrupt data or viruses via whatever means, or, without limitation, not taking reasonable care to ensure that there is no such submission or provision of Materials. The Member may not deface, alter or interfere with the look and feel of the Website or the computer code, obtain or attempt to obtain unauthorized access, via whatever means, to any part of the Website.
Third party websites
The Member may through hypertext or other computer links gain access to other sites on the internet which are not part of this Website. FMS Audit and its affiliates assume no responsibility for any Materials outside this Website which may be accessed through any such link. FMS Audit encourages the Member to be aware of this when leaving the Website and to read the data protection and privacy statements on other sites visited where personally identifiable information might be collected.
Audit and certification (Gold and Platinum Membership only)
FMS Audit offers a two-stage audit and certification process. FMS Audit’s obligations to the Member when subscribed to a Gold or Platinum Membership Plan are: (1) to examine the Member’s self-declaration with respect to the conformity of its FMS with the requirements of ISO 41001, based upon the submission of an evidence-based Internal Audit Report and Management Review within the first year of membership (but no earlier than one month from taking up membership) and, where found to be satisfactory, to issue a Confirmation of Conformance which shall be valid for one year from its issuance; and (2) to offer the opportunity, after a period of not less than one year of membership and the submission of evidence-based Internal Audit Reports and Management Reviews at quarterly intervals (commencing from the date of Confirmation of Conformance), to conduct (or make arrangements on the Member’s behalf to conduct) an independent external audit to determine the continuing conformity of the FMS with the requirements of ISO 41001 and, where found to be satisfactory, to issue a Certificate of Conformity which shall be valid for three years subject to the Member’s continuing membership of FMS Audit. An external audit fee shall be payable prior to conducting the external audit and shall be based upon the size and complexity of the Member’s FMS. The Certificate of Conformity shall include the wording “ISO 41001 Certified”.
Gold Membership entitles the Member to register one entity as the Facility Management Organization (hereafter “Organization”) and its FMS. Platinum Membership entitles the Member to register up to five entities where each shall be regarded as a distinct and separate Organization for the purpose of Internal Audits and Management Reviews and, where applicable, external audits which shall each attract the payment of the appropriate fee for auditing the respective FMS.
Members subscribing to a Silver Membership Plan are entitled to download the Facility Management Manual and associated forms three times during the period of membership, which is one year from the commencement of membership with FMS Audit. Membership shall expire at the end of this period and no further access to the Members’ area of the Website shall be permitted unless the Member upgrades to a Gold or Platinum Membership Plan. Silver Membership does not include auditing or certification Services and no Confirmation of Conformance shall be issued. Members may upgrade at any time to Gold or Platinum Membership by payment of the appropriate fee. Expired memberships shall be deleted and any former Member wishing to benefit from the Service must then register as a new Member.
Management Systems Auditing & Certification Services Pty Ltd t/a FMS Audit