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used herein, the term 'FLEXIBLE
IT' is the trading name
registered legally under the
state of South Australia. The term 'flexibleit.com.au/store'
and 'Flexible IT Store', 'us'
and 'we' refers to the website owned and
operated by Flexible IT, whose
home and associated pages reside on the
Internet globally at http://www.flexibleit.com.au/store. |
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INTRODUCTION |
Welcome to Flexible IT Store (www.flexibleit.com.au/store).
This Terms & Conditions may be amended at any
time by us from time to time
without specific notice to you.
The latest Terms & Conditions will
always be
posted on this site for you to
reference at any point of time.
By using
Flexible IT Store website, you
agree to comply with and be
bound by the following terms and
conditions. If you do not agree
to these terms and conditions, you have no
right to obtain information from
www.flexibleit.com.au/store or
otherwise use this website.
Failure to use this website in
accordance with the following
terms and conditions may subject
you to civil and criminal
penalties where applicable.
This
website is
provided by Flexible IT Store on an
"AS IS" and "AS AVAILABLE"
BASIS. We make no
representations or warranties of
any kind, express or implied, as
to the operation of this site or
the information, content,
materials, or products included
on this website. |
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| 1.
COPYRIGHT AND TRADEMARKS |
All content included in this
site, such as text, graphics,
logos, icons, images, audio
clips, digital downloads, data
compilations, and software, is
the property of Flexible IT
Store or
its content suppliers and is
protected by Australian and
International copyright laws.
All other trademarks not owned
by Flexible IT Store are the property
of their respective owners, who
may or may not be affiliated
with, connected to, or sponsored
by Flexible IT Store or its
subsidiaries.
The copying,
redistribution, use or
publication by you of any such
materials or any part of this
website is strictly prohibited. You
do not acquire ownership rights
to any content, document or
other materials viewed through
this Site. Flexible IT Store
trademarks and copyrights may
not be used in connection with
any product or service that is
not Flexible IT Store, in any manner
that is likely to cause
confusion among customers, or in
any manner that disparages or
discredits Flexible IT Store.
In any case, if you believe that
Flexible IT Store has committed
trademark or copyright infringement or has
used your intellectual property
in any form, please
Contact
Us
promptly so that we can address
the issue appropriately. We
respect intellectual properties
of all companies, businesses and individuals
alike and fully understand the
effects of its unauthorised
use. |
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| 2.
THIRD-PARTY SERVICES |
Flexible IT Store may use third
parties to provide certain
services accessible through its
website www.flexibleit.com.au/store.
However, Flexible IT Store is not
responsible for the content of
the external internet sites
which are linked from its site.
These third parties may have
their own terms of use and other
policies. You must comply with
such terms and policies as well
as our terms and conditions when
you use these services. Flexible
IT Store does not control those third
parties or their services, and
you agree that our company will
not be liable to you in any way
for your use of such services.
No link to another website
should be construed as an
endorsement or warranty by
Flexible IT Store of any information,
goods or services referred to
therein. Before acting on any
statement contained in this site
or derived from any external
internet sites linked from this
site, visitors should seek their
own professional advice before
making business or personal
financial decisions. No links to
this website may be included in
any other website without our
express written authorisation
from us. |
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| 3.
FILE DOWNLOADS |
Flexible IT Store does not represent
or warrant that any files
obtained from or through this
site are free from computer
viruses or other defects. The
user must assume all
responsibility for any loss,
damage or consequence resulting
directly or indirectly from the
use of those files and Flexible
IT's liability in such an event
is only limited to the re-supply
of those files.
Prior
to any downloads, Flexible IT
Store recommends you to carry
out appropriate virus checks
based on latest virus patterns
as Flexible IT Store does not
accept any liability for any
computer viruses transmitted in
connection with the use of this
website including email
correspondences. |
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| 4. E-MAIL DISCLAIMER |
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When you visit Flexible IT
Store or
send an e-mail to us, you are
communicating with us
electronically. You consent to
receive communications from us
electronically. We will
communicate with you by e-mail
or by posting notices on this
website. You agree that all
agreements, notices, disclosures
and other communications that we
provide to you electronically
satisfy any legal requirement
that such communications be in
writing. Please refer to our
Privacy Policy for more details
under the heading 'Electronic
Communications & Security'. |
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| 5. LICENSE AND SITE ACCESS |
Flexible IT Store grants you a limited
license to access and make
personal use of this site and
not to download (other than page
caching) or modify it, or any
portion of it, except with
express written consent of
Flexible IT Store. This license does
not include any resale or
commercial use of this website or
its contents and strictly
prohibits the following:
a) any collection and
use of any product listings,
descriptions, or prices
b) any
derivative use of this site or
its contents
c) any downloading or
copying of account information
for the benefit of another
merchant/online business
d) any use of data
mining, robots, or similar data
gathering and extraction tools.
This
website or any
portion of this website may not be
reproduced, duplicated, copied,
sold, resold or otherwise
exploited for any commercial
and non-commercial purpose without express written
consent of Flexible IT Store. You may
not frame or utilize framing
techniques to enclose any
trademark, copyrights, logos, or other
proprietary information
(including images, text, page
layout, or form) of Flexible
IT Store and our partners without
express written consent. You may
not use any meta tags or any
other hidden text: utilizing
Flexible IT Store's name or trademarks
without the express written
consent of Flexible IT Store.
Any
unauthorized use terminates the
permission or license granted by
Flexible IT Store. You may not use
Flexible IT Store logo or other
proprietary graphic or trademark
as part of the link without
express written permission from
Flexible IT Store. Please
Contact
Us at all times to let us
know of your intentions if you
require or wish to use our logo. |
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| 6. REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT |
Visitors may post reviews,
comments, and other content; and
submit suggestions, ideas,
comments, questions, or other
information, so long as the
content is not illegal, obscene,
threatening, defamatory,
invasive of privacy, infringing
of intellectual property rights,
or otherwise injurious to third
parties or objectionable and
does not consist of or contain
software viruses, political
campaigning, commercial
solicitation, chain letters,
mass mailings, or any form of
'spam'. You may not use a false
e-mail address, impersonate any
person or entity, or otherwise
mislead as to the origin of
content. Flexible IT Store reserves
the right (but not the
obligation) to remove or edit
such content.
If you do
post content or submit material,
and unless we indicate
otherwise, you grant Flexible
IT Store and its partners a
non-exclusive, royalty-free,
perpetual, irrevocable, and
fully sub licensable right to
use, reproduce, modify, adapt,
publish, translate, create
derivative works from,
distribute, and display such
content throughout the world in
any media. You grant Flexible
IT Store and its partners and sub
licensees the right to use the
name that you submit in
connection with such content, if
they choose. You represent and
warrant that you own or
otherwise control all of the
rights to the content that you
post
a) that the content is
accurate
b) that use of the
content you supply does not
violate this policy and will not
cause injury to any person or
entity
c) and that you will
indemnify Flexible IT Store or its
associates for all claims
resulting from content you
supply.
Flexible IT Store has the
right but not the obligation to
monitor and edit or remove any
activity or content. Flexible IT
Store takes no responsibility and
assumes no liability for any
content posted by you or any
third party. |
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| 7. PRODUCT, SERVICE
& WARRANTY DESCRIPTIONS |
Flexible IT Store and its
partners
attempt to be as accurate as
possible. However, Flexible IT
Store does not warrant that product
and service descriptions or
other content of this website is
100% accurate, complete, reliable,
current, or error-free. This
applies to product warranty information
such as warranty period and type
as well. If product warranty
information is the deciding
factor for your purchase, please
contact us or visit the product
manufacturer's website for
accurate information. Mistakes
could occur unintentionally on
our website due to human or
system error and we will aim to
correct such mistakes as soon as
possible upon discovery by you
or us.
All
IT services offered and rendered
by Flexible IT Store will come with
their own terms & conditions and
service level agreements which
will be carefully prepared in
order to meet the requirements
of individual clients. For end-user product sales, if a product
offered by Flexible IT Store is
not as described, your sole
remedy is to return it in its
unused and in its original
packaging for a likely refund or
exchange where applicable.
Please view our
Support
page for detailed information. |
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| 8. SHIPPING & FREIGHT |
All products shipped to
customers DOES NOT include
shipping insurance by default
and if shipping insurance is
required, you MUST request for
it BEORE finalising your order
with us. We recommend you to
obtain shipping insurance for
expensive products should
something go wrong.
The
title of the product(s) remain
the sole property of Flexible IT
Store until full payment is made
and cleared and the product(s)
successfully delivered
with proof of delivery signed by
the customer or their
representative.
For
product deliveries, BEFORE
signing for any delivery
consignments, customers or their
representative should perform a
quick visual inspection of the
product packaging to observe any
unusual dents, punctures or
other abnormalities that could
indicate the product(s)
contained within could be
subject to possible damage.
If the delivery consignment is
suspected to be damaged, the
courier’s Proof of Delivery
MUST
NOT BE SIGNED or else any claims
of product damage due to
shipping will be rendered void. If there is no option or
facility to reject the delivery,
please kindly ask the courier
representative for alternate
solutions such as marking the
delivery as ‘Subject to
Inspection’ and etc. Get all the
delivery consignment’s details
and the courier company’s
contact numbers. Contact the
courier company immediately and
inform them of the situation and
obtain instructions from them on
what to do next and do not
forget to get a reference number
for your case.
After this,
please email us at
support@flexibleit.com.au all
the details including the
reference number provided by the
courier company and we will try
to process your claim as soon as
possible.
Flexible IT
Store is NOT responsible for any
loss or damage to products
during transits at all times. |
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| 9. INDEMNIFICATIONS |
You shall indemnify, defend and
hold Flexible IT Store and its
partners and each of the
officers, directors, employees,
agents harmless from any
and all Losses incurred or
suffered by such
Flexible IT Store.
Indemnities arising out of, or
in connection with, any third
party Claim based upon or
arising out of
(i) any breach of
this Agreement by you;
(ii) your
gross negligence or wilful
misconduct;
(iii) the
development, operation,
maintenance and content of your
site(s) (excluding any Flexible
IT Store
Property displayed thereon); or
(iv) infringement or other
violation by your site or your
other Property of a third
party’s privacy rights,
publicity rights or other
proprietary rights.
Your
obligations hereunder shall be
subject to
Flexible IT Store:
(a) promptly notifying you of a
Claim or threatened Claim
covered by such indemnification;
(b) tendering sole control of
the defence and settlement of
such Claim to you (provided that
you shall not enter into any
settlement agreement that
adversely affects
Flexible IT Store
without Flexible IT Store
prior written consent); and
(c)
cooperating with such defence
and/or settlement at your
expense. |
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10. APPLICABLE LAW |
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By visiting Flexible IT Store, you
agree that the laws of the state
of Australia, without regard to
principles of conflict of laws,
will govern these Terms and
Conditions and any dispute of
any sort that might arise
between you and Flexible IT
Store
and/or its partners. |
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| 11. SITE POLICIES, MODIFICATION, AND SEVERABILITY |
Flexible IT Store reserves the right
to make changes to its website,
policies, terms & conditions and
such at any time. If any of
these conditions shall be deemed
invalid, void, or for any reason
unenforceable, that condition
shall be deemed severable and
shall not affect the validity
and enforceability of any
remaining condition(s).
Whilst all reasonable care has
been taken in providing
information in this site, any
and all information is subject
to change without
notice. Flexible IT Store is not
liable for any loss or damage
suffered by you or anyone else
in connection with the use of
this website or any of its
content.
In particular, but
not as a limitation thereof, we
are not liable for any
compensatory, indirect, special,
incidental or consequential
damages (including damages for
loss of business, loss of
profits, litigation, or the
like), whether based on breach
of contract, breach of warranty,
tort, product liability or
otherwise; nor for any third
party claims of any nature, even
if advised of the possibility of
such damages or claims. The
negation of damages set forth
above is fundamental elements of
the basis of the bargain between
us and you. The information and
other content available from or
through the site, and the site
itself, would not be provided
without such limitations. No
advice or information, whether
oral or written, you obtain from
us from or through the site
shall create any warranty,
representation or guarantee not
expressly stated in this
agreement. |
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