Use of our Website

References to “we”, “us” or “our” throughout www.neoflam.com.au (“the website”) are to Neoflam Australia.

The use of the website is governed by these terms and conditions (“Conditions”). We reserve the right to modify these terms and conditions from time to time without notice to you.

There is no charge imposed by us for accessing the Website but you must pay the cost of the communications link you use to visit the website. Access to the Website may be suspended, restricted or terminated at any time.

Intellectual Property Right and Right to Use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by our licensors or us.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate and third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Limitation of Liability

While we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implies in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:

  • 1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • 2 any loss of goodwill or reputation; or
  • 3 any loss which was not brought to the attention of Neoflam Australia at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Neoflam Australia; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Survival

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement ) that rule Your relationship with us.

Law

You acknowledge and agree that the T&C’s together with all our policies and procedures will be governed by and construed in accordance with the law of Victoria, Australia, and the relevant courts of Australia will have exclusive jurisdiction..