Terms of Use

Last Updated: August 16, 2025

Welcome to Fumalos. These Terms of Use govern your access to and use of our website, services, and educational platform. By accessing or using our services, you agree to be bound by these terms.

1. Acceptance of Terms

By creating an account, accessing our website at bem-v5.com, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, you must not use our services.

2. Description of Services

Fumalos provides an online educational platform offering group and individual learning sessions focused on street food specialties. Our services include:

• Live interactive sessions with instructors
• Personalized learning paths and content
• Access to educational materials and resources
• Communication tools for learners and instructors
• Progress tracking and assessment features

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. User Accounts

3.1 Account Registration

To access certain features of our platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these terms, fraudulent activity, or behavior that we deem inappropriate or harmful to other users or our platform.

4. User Conduct

You agree to use our services only for lawful purposes and in accordance with these terms. You agree not to:

• Use our services in any way that violates any applicable law or regulation
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our services
• Impersonate or attempt to impersonate Fumalos, our employees, other users, or any other person or entity
• Transmit any advertising, promotional materials, spam, or any other form of solicitation
• Upload or transmit viruses, malware, or any other malicious code
• Harass, abuse, threaten, or intimidate other users or instructors
• Attempt to gain unauthorized access to any portion of our services or systems
• Reproduce, duplicate, copy, sell, or exploit any portion of our services without express written permission

5. Intellectual Property Rights

5.1 Our Content

All content provided through our services, including but not limited to text, graphics, logos, images, videos, audio clips, software, and course materials, is the property of Fumalos or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our services for your personal, non-commercial educational purposes. This license does not include any right to:

• Resell or make commercial use of our services or content
• Download or copy content for the benefit of others
• Use data mining, robots, or similar data gathering tools
• Create derivative works from our content

5.3 User Content

By submitting content to our platform, including comments, feedback, questions, or other materials, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, and distribute such content for the purposes of operating and improving our services.

6. Payment and Subscriptions

6.1 Fees and Charges

Certain services may require payment of fees. You agree to pay all applicable fees as described on our website at the time of purchase. All fees are non-refundable unless otherwise stated in our refund policy.

6.2 Subscription Services

If you purchase a subscription, your subscription will continue and automatically renew until cancelled. You authorize us to charge your payment method for the applicable subscription fees on a recurring basis until you cancel.

6.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period, and you will continue to have access to the services until that time.

6.4 Price Changes

We reserve the right to change our fees at any time. We will provide reasonable notice of any fee changes by posting the new fees on our website or by sending you notification through email.

7. Educational Content and Results

While we strive to provide high-quality educational content and instruction, we make no guarantees regarding specific learning outcomes, skill acquisition, or professional results. Your success depends on numerous factors including your dedication, practice, and individual circumstances.

The information provided through our services is for educational purposes only and should not be considered professional advice. You should consult with appropriate professionals before applying any knowledge gained through our platform.

8. Third-Party Links and Services

Our services may contain links to third-party websites or services that are not owned or controlled by Fumalos. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such content, goods, or services available through such websites or services.

9. Disclaimers and Limitations of Liability

9.1 Service Availability

Our services are provided on an as-is and as-available basis. We do not warrant that our services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using our services will be accurate or reliable.

9.2 Disclaimer of Warranties

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will meet your requirements or that any defects will be corrected.

9.3 Limitation of Liability

In no event shall Fumalos, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use our services
• Any conduct or content of any third party on our services
• Any content obtained from our services
• Unauthorized access, use, or alteration of your transmissions or content

10. Indemnification

You agree to defend, indemnify, and hold harmless Fumalos and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these terms or your use of our services.

11. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy. We collect, use, and protect your personal information as described in our Privacy Policy. By using our services, you consent to such collection, use, and protection of your information.

12. Communications

By creating an account, you consent to receive electronic communications from us, including emails regarding your account, courses, updates to our services, and promotional materials. You may opt out of promotional communications at any time by following the unsubscribe instructions provided in such communications.

13. Modifications to Terms

We reserve the right to modify these Terms of Use at any time. We will provide notice of material changes by posting the updated terms on our website and updating the Last Updated date. Your continued use of our services after such changes constitutes your acceptance of the new terms.

14. Termination

These terms remain in effect while you use our services. We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to breach of these terms.

Upon termination, your right to use our services will immediately cease. All provisions of these terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Dispute Resolution

15.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these terms or our services, you agree to first contact us to attempt to resolve the dispute informally. Please send written notice to info@bem-v5.com describing the nature and basis of the dispute.

15.2 Arbitration

If we cannot resolve a dispute informally, any dispute shall be resolved through binding arbitration rather than in court. The arbitration shall be conducted on an individual basis and not as a class action or other representative action.

15.3 Exceptions

Notwithstanding the above, either party may bring a claim in small claims court or seek equitable relief in court for intellectual property infringement or other matters where arbitration is not appropriate.

16. Governing Law

These terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law provisions. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts located in the jurisdiction where Fumalos is headquartered.

17. Severability

If any provision of these terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.

18. Waiver

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

19. Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and Fumalos regarding your use of our services and supersede all prior agreements and understandings.

20. Assignment

You may not assign or transfer these terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these terms without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

21. Contact Information

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

Fumalos
Suite 9, Lvl 1 87 Brisbane Street
Launceston TAS 7250
Australia

Email: info@bem-v5.com
Phone: +61 2 5515 0594

22. Special Provisions

22.1 Live Sessions

Attendance at live sessions is subject to availability and scheduling. We reserve the right to reschedule or cancel sessions due to instructor availability, technical issues, or other circumstances beyond our control. In such cases, we will make reasonable efforts to provide alternative arrangements.

22.2 Recording and Content Use

Live sessions may be recorded for quality assurance and educational purposes. By participating in live sessions, you consent to such recording and agree that Fumalos may use such recordings for internal purposes and to provide access to enrolled learners who could not attend the live session.

22.3 Age Restrictions

Our services are intended for users who are at least eighteen years of age. If you are under eighteen, you may use our services only with the involvement and consent of a parent or legal guardian.

22.4 Accessibility

We strive to make our services accessible to all users. If you experience any accessibility issues, please contact us at info@bem-v5.com so we can work to address your concerns.

By using Fumalos, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.