Upon accessing this Website, you agree to be bound by the terms and conditions herein. By using this Website, users will be deemed to have agreed to the Terms and Conditions of Use. Sellers will also be subject to the Seller’s Terms and Conditions.
1. Interpretation
1. In these Terms and Conditions unless the context otherwise requires:
(a) “Flimo” means Flimo Pty Ltd A.C.N 110 462 078.
(b) “Users” includes Sellers and Buyers and any persons accessing
the Flimo Website.
(c) “Website” means the Flimo Website under the domain name “www.flimo.com.au”
(d) Words importing the singular or plural include the plural and singular
respectively;
(e) Words importing any gender include every gender;
(f) Words denoting persons include bodies and corporations;
(g) A reference to a party or parties means the named parties to this document
and includes that party’s executors, administrators and permitted assigns,
or if a company, its successors and permitted assigns;
(h) Clause headings do not affect the interpretation of this document
(i) Where a word or phrase is given a particular meaning in this document,
other parts of speech and grammatical forms of that word or phrase have a
corresponding meaning;
(j) A reference to a clause is a reference to a clause of this document; and
(k) Every agreement, covenant or undertaking expressed or implied by which
more than one person is bound binds those persons and any two or more of them
jointly and each of them severally.
2. Copyright
(a) Flimo owns and reserves all rights to Copyright in this Website
including all content on the Flimo Website including text, graphics,
photos, logos, button icons, images and audio clips. All such material
is protected by Australian and international copyright laws. Users
may only use this material for selling and shopping on this Website
and users are strictly prohibited from reproducing, adapting, modifying,
distributing, transmitting, republishing, displaying or performing
the content on the Flimo Website.
(b) Flimo or its software suppliers own all software used on the Flimo Website. All such software is protected by Australian and international copyright laws. Users are strictly prohibited from reproducing, adapting, modifying, distributing, transmitting, republishing, displaying or performing the content on the Flimo Website.
3. Trademarks
(a) Flimo is a registered Trademark
(b) Users may not use this trademark unless expressly authorised by
Flimo.
4. Disclaimer/Exclusion of Warranties
(a) Flimo does not and cannot make any representation or warranty
as to the accuracy, completeness or currency of any information or
content provided on or accessible via the Flimo Website. Flimo will
not accept any and hereby excludes all legal liability for such information
or content. It is the users’ responsibility to satisfy themselves
of the suitability, quality and condition of any item they propose
to purchase.
(b) As Flimo is not involved in the actual transaction between buyers
and sellers, Flimo has no control over the quality, safety or legality
of the items or content posted by Seller’s on the Website, the
truth or accuracy of the listings, the ability of sellers to sell
items or the ability of buyers to buy items. Flimo does not guarantee
that a Buyer or seller will actually complete a transaction or act
lawfully in transacting over Flimo’s Website.
(c) Flimo does not and cannot confirm or guarantee each Seller’s
or User’s purported identity and contact details.
(d) Flimo excludes all warranties to the fullest extent permitted
by law including without limitation any implied warranties as to fitness
of purpose or merchantability of the Website or any items of Advertisers.
(e) Flimo excludes all warranties to the fullest extent permitted
by law that using this service and the Flimo Website will not result
in infringement of third party rights, including but not limited to
intellectual property rights.
5. Obligation of Buyers
(a) Buyers must complete the transaction with the Seller if an item
is purchased unless the transaction is prohibited by law or the Seller’s
terms and conditions of use.
(b) By buying an item, buyers agree to be bound by the conditions of sale
included in the item’s description unless those conditions of sale are
prohibited by law or the Seller’s terms and
conditions of use.
(c) Buyers must comply with all applicable laws and these Terms
and Conditions of Use.
6. Access to the Flimo Website
(a) Flimo does not guarantee continuous, uninterrupted access to the
Flimo Website.
7. Limitation of Liability
(a) Users agree that Flimo is not liable for any loss of profits or
any other loss, damage, expense or claim arising out of or in connection
with the use of the Flimo Website.
8. Indemnity
(a) Users agree to indemnify and forever hold harmless Flimo, related
companies, officers, directors, employees and agents from and against
all loss, damage, cost, expense and claim which users may suffer or
incur as a result of or in connection with the Users’ use of
the Flimo Website.
9. Other Websites
(a) Flimo may provide access to other Websites which are independent
of Flimo
(b) Flimo makes no representations or warranties about any such Websites
and excludes all responsibility for the content or use of any such
Websites linked from the Flimo Website.
10. Overseas Users
(a) Flimo does not provide advertising services to Sellers outside
Australia
(b) Flimo does not make any warranties or representations whatsoever
that the Flimo Website complies with the laws of any country outside
of Australia. Access from overseas countries is done so at the users’
own risk and any liability is excluded by Flimo in this regard.
11. Minors
(a) Our services are not available to persons under 18 years of age.
12. Governing Law
(a) The Flimo Website is operated from Queensland, Australia. These
Terms and Conditions of Use are governed by the laws of Queensland
.