Last updated: March 15, 2015
of Use") carefully before using the http://flexamate.com website
(the "Service") operated by Flexa Pty Ltd ("us", "we", or
Your access to and use of the Service is
conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or
use the Service. You warrant that you are at least 18-years-old and
you are legally capable of entering into binding contracts. If you
are under 18-years-old, you warrant that you have obtained consent
from your parent or guardian and they agree to be bound by these
Terms on your behalf.
By accessing or using the Service
you agree to be bound by these Terms. If you disagree with any part
of the terms then you may not access the Service.
- If you wish to
purchase access to features of the Service
or any product or service made available through
the Service ("Purchase"), you may be asked to supply certain
information relevant to your Purchase including, without
limitation, your credit card number, the expiration date of your
credit card, your billing address, and your shipping
- You represent and warrant that:
- you have
the legal right to use any credit card(s) or other payment
method(s) in connection with any Purchase; and that
- the information you supply to us is true, correct and
- By submitting such information, you grant us
the right to provide the information to third parties for purposes
of facilitating the completion of Purchases.
- We reserve the right to refuse or cancel your
order at any time for certain reasons including but not limited to:
product or service availability, errors in the description or price
of the product or service, error in your order or other
- We reserve the right to refuse or cancel your
order if fraud or an unauthorised or illegal transaction is
- The Service is not designed to provide
qualitative advice regarding the fitness for purpose and
merchantability of any products or services. We strongly advise you
to exercise caution and do your own due diligence in conducting any
transactions through the Service.
- Our Service includes and
allows you to post, link, store, share and otherwise make
available certain information, estimates, data,
corrections, text, graphics, videos, or other material
("Content"). You are responsible for the Content that you post to
the Service, including its legality, reliability, and
- By posting Content to the Service, you grant
us the right and license to use, sell,
modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through the Service. You retain any
and all of your rights to any Content you submit, post or display
on or through the Service and you are responsible for protecting
those rights. You agree that this license includes the right for us
to make your Content available to other users of the Service, who
may also use your Content subject to these Terms.
- You represent and warrant that:
- the Content is yours (you own it) or you
have the right to use it and grant us the rights and license as
provided in these Terms, and
- the posting of your Content on or through
the Service does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any
- Further, you warrant that:
- the Content will not cause you or us to
breach any law, regulation, rule, code or other legal
- the Content will not or could not be
reasonably considered to be intentionally
inaccurate, obscene, inappropriate, defamatory,
disparaging, indecent, seditious, offensive, pornographic,
threatening, abusive, liable to incite racial hatred,
discriminatory, blasphemous, in breach of confidence or in breach
- the Content will not be unsolicited,
undisclosed or unauthorised advertising;
- the Content does not contain software
viruses or any other computer code, files, or programs designed to
interrupt, destroy, or limit the functionality of any computer
software, hardware or telecommunications equipment; and
- the Content does not bring us or the
Service into disrepute.
- You agree to keep all records necessary to
establish that your Content does not violate any of the
requirements this clause and make such records available upon our
- We are under no obligation to regularly
monitor the accuracy or reliability of your Content incorporated
into the Service. We reserve the right to modify or remove any
Content at any time.
- You acknowledge and agree that all Content you
provide on the Service may be made publicly available
information and you bear the risks involved with such public
- Availability, Errors and
- We are constantly updating our offerings
of Content, products and services on the
Service. The Content, products or
services available on our Service may be
inaccurate, mispriced, described inaccurately,
or unavailable, and we may experience delays in updating
information on the Service and in our advertising on other web
- We cannot and do not guarantee the accuracy or
completeness of any information, including
Content, prices, product images, specifications,
availability, and services. We reserve the right to change or
update information and to correct errors, inaccuracies, or
omissions at any time without prior notice.
- The Content is provided
without warranties or conditions of any kind either express or
implied, including but not limited to implied warranties and
conditions of merchantability, fitness for a particular purpose or
- When you create an account with us, you must
provide us information that is accurate, complete, and current at
all times. Failure to do so constitutes a breach of the Terms,
which may result in immediate termination of your account on our
- You are responsible for safeguarding the
password that you use to access the Service and for any activities
or actions under your password, whether your password is with our
Service or a third-party service.
- You agree not to disclose your password to any
third party. You agree to be fully responsible for activities that
relate to your account or your password. You must notify us
immediately upon becoming aware of any breach of security or
unauthorized use of your account.
- You may not use as a username the name of
another person or entity or that is not lawfully available for use,
a name or trade mark that is subject to any rights of another
person or entity other than you without appropriate authorization,
or a name that is otherwise offensive, vulgar or
- Intellectual Property
- The Service and its original content
(excluding Content provided by users), features and functionality
are and will remain the exclusive property of Flexa Pty Ltd and its
licensors. The Service is protected by copyright, trademark, and
other laws of both the Australia and foreign countries. Our
trademarks and trade dress may not be used in connection with any
product or service without the prior written consent of Flexa Pty
Ltd. Nothing in these Terms constitutes a transfer of any
Intellectual Property rights from us to you.
- You are permitted to use the Service only as
authorised by us. As a user, you are granted a limited,
non-exclusive, revocable, non-transferable right to use the Service
to create, display, use, play, and access Content
subject to these Terms.
- Our Intellectual Property must not be used in
connection with a product or service that is not affiliated with us
or in any way brings us in disrepute.
- You must not modify the physical or digital
copies of any Content you print off or download in any way, and you
must not use any illustrations, photographs, video or audio, or any
graphics separately from any accompanying text.
- Any opinions, advice, statements, services,
offers, or other information or content expressed or made available
by any other users are those of the respective authors or
distributors and not of us.
- Links To Other Web
- Our Service may contain links to third-party
web sites or services that are not owned or controlled by Flexa Pty
- Flexa Pty Ltd has no control over, and assumes
no responsibility for, the content, privacy policies, or practices
of any third party web sites or services. You further acknowledge
and agree that Flexa Pty Ltd shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such web
sites or services.
- We only provide links to external websites as
a convenience, and the inclusion of such a link to external
websites do not imply our endorsement of those websites. You
acknowledge and agree that when you access other websites on the
Internet, you do so at your own risk.
- We strongly advise you to read the terms and
conditions and privacy policies of any third-party web sites or
services that you visit.
- We may terminate or suspend your account
immediately, without prior notice or liability, for any reason
whatsoever, including without limitation if you breach the
- Upon termination, your right to use the
Service will immediately cease. If you wish to terminate your
account, you may simply cancel any existing
subscriptions to the Service you maintain and
discontinue using the Service.
- All provisions of the Terms which by their
nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
- We shall not be liable to you or any third
party for any claims or damages arising out of any termination or
suspension or any other actions taken by us in connection
- If applicable law requires us to provide
notice of termination or cancellation, we may give prior or
subsequent notice by posting it on the Service or by sending a
communication to any address (email or otherwise) that we have for
you in our records.
- As a condition of your access to and use of
the Service, you agree to indemnify us and our successors and
assigns for all damages, costs, expenses and other liabilities,
including but not limited to legal fees and expenses, relating to
any claim arising out of or related to your access to and use of
the Service or your breach
of these Terms and any applicable law or the rights of another
person or party.
- This indemnification section survives the
expiration of your registration, and applies to claims arising both
before and after the registration ends.
- Limitation Of Liability
- You agree that we shall not be liable for any
damages suffered as a result of using the Service, copying,
distributing, or downloading Content from the Service.
- In no event shall we be liable for any
indirect, punitive, special, incidental or consequential damage
(including loss of business, revenue, profits, use, privacy, data,
goodwill or other economic advantage) however it arises, whether
for breach of contract or in tort, even if it has been previously
advised of the possibility of such damage.
- We do not endorse the products and services, and expressly disclaim
any and all liability in connection with them. In no event shall we
be liable for any claims by a third party in tort or contract, or
pursuant to the Competition and Consumer Act 2010 (Cth) including,
but not limited, to any misleading statements made and/or
incorporated into any Content provided by us,
third parties, such as manufacturers and wholesalers, and
users of the Service. It is your sole responsibility to ensure the
accuracy of the data inputted.
- You have sole responsibility for adequate
security protection and backup of data and/or equipment used in
connection with your usage of the Service and will not make a claim
against us for lost data, re-run time,
inaccurate instruction, work delays or lost profits resulting from
the use of the Service. You must not assign or otherwise dispose of
your account to any other person.
- Without limiting the foregoing, in no event
will our aggregate liability to you exceed, in total, the amounts
paid by you to us.
- Your use of the Service is at your sole risk.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The
Service is provided without warranties of any kind, whether express
or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, non-infringement
or course of performance.
- Flexa Pty Ltd its subsidiaries, affiliates,
and its licensors do not warrant that
- the Service will function uninterrupted,
secure or available at any particular time or location;
- any errors or defects will be
- the Service is free of viruses or other
harmful components; or
- the results of using the Service will meet
- This disclaimer of liability applies to any
damages or injury caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft, or
destruction or unauthorized access or, alteration of or use of
record in connection with the use or operation of the Service,
whether for breach of contract, tortious behaviour, negligence or
any other cause of action.
- 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 Service for any purpose. Any reliance you
place on such information is therefore strictly at your own risk.
We disclaim any express or implied warranty representation or
guarantee as to the effectiveness or profitability of the Service
or that the operation of our Service will be uninterrupted or
error-free. We are not liable for the consequences of any
interruptions or error in the Service.
- Some jurisdictions do not allow the exclusion
of certain warranties or the exclusion or limitation of liability
for consequential or incidental damages, so the limitations above
may not apply to you.
- Governing Law
- These Terms shall be governed and construed in
accordance with the laws of Queensland, Australia, without regard
to its conflict of law provisions.
- Our failure to enforce any right or provision
of these Terms will not be considered a waiver of those rights. If
any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in
effect. These Terms constitute the entire agreement between us
regarding our Service, and supersede and replace any prior
agreements we might have between us regarding the
- We reserve the right, at our sole discretion,
to modify or replace these Terms at any time. If a revision is
material we will try to provide at least 30 days notice prior to
any new terms taking effect.
- It is your sole responsibility to periodically
check these Terms for any changes. If you do not agree with any of
the changes to these Terms, it is your sole responsibility to stop
using the Service. Your continued use of the Service will be deemed
as your acceptance thereof.
If you have any questions about these Terms,
please contact us.