TERMS & CONDITIONS

Welcome to Flexible IT (flexibleit.com.au). 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 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 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 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.

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 or its content suppliers and is protected by Australian and International copyright laws. All other trademarks not owned by Flexible IT are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Flexible IT 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 trademarks and copyrights may not be used in connection with any product or service that is not Flexible IT, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Flexible IT.

In any case, if you believe that Flexible IT 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.

2. THIRD-PARTY SERVICES

Flexible IT may use third parties to provide certain services accessible through its website flexibleit.com.au/store. However, Flexible IT 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 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 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.

3. FILE DOWNLOADS

Flexible IT 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 recommends you to carry out appropriate virus checks based on latest virus patterns as Flexible IT does not accept any liability for any computer viruses transmitted in connection with the use of this website including email correspondences.

4. E-MAIL DISCLAIMER

When you visit Flexible IT 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’.

5. LICENSE AND SITE ACCESS

Flexible IT 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. This license does not include any resale or commercial use of this website or its contents and strictly prohibits the following:

  • any collection and use of any product listings, descriptions, or prices
  • any derivative use of this site or its contents
  • any downloading or copying of account information for the benefit of another merchant/online business
  • 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. 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 and our partners without express written consent. You may not use any meta tags or any other hidden text: utilizing Flexible IT’s name or trademarks without the express written consent of Flexible IT.

Any unauthorized use terminates the permission or license granted by Flexible IT. You may not use Flexible IT logo or other proprietary graphic or trademark as part of the link without express written permission from Flexible IT. Please Contact Us at all times to let us know of your intentions if you require or wish to use our logo.

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 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 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 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:

  • that the content is accurate
  • that use of the content you supply does not violate this policy and will not cause injury to any person or entity
  • and that you will indemnify Flexible IT or its associates for all claims resulting from content you supply

Flexible IT has the right but not the obligation to monitor and edit or remove any activity or content. Flexible IT takes no responsibility and assumes no liability for any content posted by you or any third party.

7. PRODUCT, SERVICE & WARRANTY DESCRIPTIONS

Flexible IT and its partners attempt to be as accurate as possible. However, Flexible IT 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 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 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.

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 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 is NOT responsible for any loss or damage to products during transits at all times.

9. INDEMNIFICATIONS

You shall indemnify, defend and hold Flexible IT and its partners and each of the officers, directors, employees, agents harmless from any and all Losses incurred or suffered by such Flexible IT. Indemnities arising out of, or in connection with, any third party Claim based upon or arising out of

  • any breach of this Agreement by you;
  • your gross negligence or wilful misconduct;
  • the development, operation, maintenance and content of your site(s) (excluding any Flexible IT Property displayed thereon); or
  • 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:

  • promptly notifying you of a Claim or threatened Claim covered by such indemnification;
  • 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 without Flexible IT prior written consent); and
  • cooperating with such defence and/or settlement at your expense

10. APPLICABLE LAW

By visiting Flexible IT, 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 and/or its partners.

11. SITE POLICIES, MODIFICATION, AND SEVERABILITY

Flexible IT 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 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.