terms of use
Our website http://www.fluxspace.com.au/ is owned and operated by flux space (ABN 32 452 942 599) (us, our or we).
Your use of, or access to, our website and our Online Shop is subject to the following terms and conditions:
- these Terms of Use, our Privacy Policy, any notices, disclaimers or other statements contained on our website, the Sale Terms if you purchase goods or services through our website, and
- any other laws and regulations applicable to our website.
By accessing and using our website, you agree that you are legally bound by the flux space Terms and you have capacity to enter into an agreement with us on and subject to those flux space Terms.
Our website may be accessed in Australia and throughout the world. We make no offer in or by our website to sell any product or service in any country outside Australia and no representations that the content of this website complies with the laws of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws from where you access our website.
You undertake to us not to transfer, or attempt to transfer, any material, viruses or code to our website that could cause damage or harm to our website or impede the security of our website. You agree not to alter our website. You agree to indemnify us and keep us indemnified against all actions, claims, costs, demands, damages or liability arising from a breach of this clause.
We may, at our discretion, vary or change any of the flux space Terms. Any subsequent access or use of our website will be subject to those changes.
Prices
All price references on our website are in Australian currency (AUD) and are inclusive of 10% Goods and Services Tax (GST).
We reserve the right to amend any price displayed on our website without notice.
Products, supply and variations
All products or services on our website are available in Australia only.
Not all products featured on our website are available through us in all states or territories of Australia, or may be out of stock or discontinued.
We reserve the right to make changes to products, colours and items on our website at any time and without notice.
Whilst reasonable efforts are made by us to:
- supply goods with correct sizes, slight variations in size may occur
- maintain consistency, variations from sample in colour and quantity may occur
- supply material in accordance with the quality of any samples submitted to you or quoted for, the quality cannot be guaranteed
- supply goods to specific colours, variations from colour may occur (ie. colours may vary slightly from what you see on your monitor), and
- we will not be liable to you for any such variations or inconsistencies.
Photographs, drawings, illustrations and any other particulars associated with or given in descriptive product copy or a catalogue of ours, approximate the Goods or Services offered by us, and cannot be relied on by you.
Any performance data provided by us or a manufacturer is an estimate only and should be construed accordingly.
Important disclaimers and exclusions of liability
All information provided on our website is believed to be correct as of the date it was submitted online. However, due to pricing fluctuations, discontinuation of products or finishes, or changes to measurements, warranties, lead times or product availability, we make no representation to the accuracy of the information provided on our website.
We are not responsible for any loss or damage caused, including through negligence, or arising directly or indirectly out of your use or reliance on the services or information accessed through our website.
You agree and declare that for our benefit that you have relied on your own skill and judgment in entering into any transaction for product or service with us, subject to the flux space Terms, and you have not relied on any statement or representation given by any person on our behalf.
Nothing in these Terms of Use excludes, restricts or modifies any condition, guarantee, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar State legislation which cannot be excluded, restricted or modified (non-excludable right).
Subject to any non-excludable right, we will not be liable to you or anyone else, to the maximum extent permitted under law, for:
- your use or misuse of our website, Quotation or Sales Invoice or Agreement, or any information or material contained in our website
- the loss or modification of information or material transmitted from our website
- any defect, technical problem or virus attached to or arising from our website or the server
- any injury or illness you or any other person sustains as a result of using our website
- the products displayed being unavailable at any time
- your inability to access or use our website or any material on our website, or
- the loss of confidentiality in any information or material transmitted to or from our website.
To the maximum extent permitted by law, we do not make any guarantees or warrant that our website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.
Subject to a non-excludable right, we will not be liable to you for:
- any liability, damage, loss, cost or expense that is beyond the normal measure that you suffer or incur from a breach of this Agreement or that is consequential or following, immediate or eventual, flowing from a breach of this Agreement
- expenses incurred by you due to any breach of the Agreement
- a decision, action or inaction taken in reliance on any information provided by us or connected with our website, or
- loss of profit, loss of revenue, loss of business, loss of opportunity, loss of production, loss of goodwill, loss of reputation, loss of contract, loss in replacing or restoring data, loss of anticipated saving, or loss for any financing costs or increase in operating costs, whether any such loss is direct or indirect, or normal or consequential, in nature (or on any other basis).
To the extent permitted by law, any condition, warranty or guarantee which would otherwise be implied into these Terms of Use is excluded.
Third party websites
Any external website link on our website is not under our control, does not constitute an endorsement of the third party website, and we are not responsible for their accuracy or content.
Accessing those websites is your decision and to the fullest extent permitted by law, we are not responsible or liable in any way for:
- your use of those linked websites or any loss or damage incurred arising out of or in connection with your use of them, and
- the content or practices of those websites operated by third parties that are linked to our website.
Privacy and use of cookies
We agree to use any of your personal information in accordance with our Privacy Policy.
When you visit our website, our web servers record anonymous information such as the time, date and URL of the request. This information assists us to improve the structure of our website and monitor the performance. We use ‘cookies’ which are an industry standard and most major websites use them. A cookie is a small text file that our website may place on your computer. Usually, cookies are used as a means for our website to remember your preferences. As such, cookies are designed to improve your experience of our website.
In some cases, cookies may collect and store information about your web browser. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources. Most internet browsers are pre-set to accept cookies; however you can adjust your internet browser to disable cookies or to warn you when cookies are being used.
For statistical purposes, we collect anonymous information on website activity, such as top pages viewed, the number of pages viewed, the number of sessions, most popular session times, web browser info. We use this data to evaluate our website performance and to improve the content we display to you. No personal information is collected on these occasions.
Copyright
Our website http://www.fluxspace.com.au and its contents are our property or the property of our suppliers and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of our website, is prohibited without the prior written permission from us. We can be contacted in writing via info@fluxspace.com.au.
Intellectual property
We own the intellectual property including but not limited to trademarks, logos, designs, names, whether registered or unregistered, and other marks that are otherwise on our website and part of the flux space business entity, and any improvements or modifications to such intellectual property. The use or misuse of any of our intellectual property is prohibited.
We do not give you any right in or license to any of the intellectual property on or associated with our website.
General
The agreement created under the flux space Terms constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing. We may give you notice by electronic mail. You may give us written notice via email info@fluxspace.com.au.
If a provision of these Terms of Use is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these Terms of Use. All other provisions of these Terms of Use remain in full force and effect.
These Terms of Use are governed by the law applicable in Queensland, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State.
