Last Review Date: Nov 2024

Terms and Conditions of Use

This website is owned by Felix Group Holdings Ltd (“Felix”). The use of this website is subject to the Terms of Use as detailed below (in conjunction with our standard Terms and Conditions for the supply of Services, where applicable) which constitutes the full agreement between you and Felix. By using this website you acknowledge that you have read, accepted and agree to be bound these Terms and Conditions, and you agree that they are reasonable.

If you intend to transact through this website (i.e. for the supply of any goods and/or services by any third party vendor) then you warrant that you are at least 18 years of age, that you have the power to enter into any agreement with such third party vendor and you acknowledge that such agreement creates binding and valid legal obligations upon you.

If you do not agree with, or do not wish to accept the Terms and Conditions relating to this website, then please do not use this website. You are also advised that failure to accept our Terms and Conditions may result in your inability to access certain sections of this website.

Use of this Website

In accessing or using this Website you agree that you will not:

1. Use any automated device, software, process or means to access, retrieve, scrape, or index this website, or any content on this website;
2. Use any device, software, process or means to interfere or attempt to interfere with the proper working on this website;
3. Undertake any action that will impose a burden or make excessive traffic demands on Felix’s infrastructure that it deems, in its sole discretion, to be unreasonable or disproportionate site usage;
4. Transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
5. Use this website, or any content from this website, in any manner which is, in Felix’s sole discretion, not reasonable and/or not for the purpose which it is made available;
6. Violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
7. Pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
8. Act in violation of any term or condition posed by Felix, or any applicable law;
9. Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit this website, or any content on this website, except as expressly authorised by Felix; or
10. Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
11. Compromise the security or integrity of any network or system including any part of Felix’s network

Felix reserves the right to exercise whatever means it deems necessary to prevent unauthorised access to or use of this website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Copyright and Trademarks

The contents of this website, and subject matter on and accessible from this website and publications, are at all times the copyright or trademark property of either Felix, its third party vendors or linked third parties and, apart from fair dealing permitted by the Copyright Act 1968, Felix grants visitors to the site permission to download copyright material only for private and non-commercial purposes. You may not distribute, reproduce, display, publish any trademark or other content of this website for any purpose whatsoever without the prior written approval of Felix, its third-party vendors or linked third parties (each as applicable). Furthermore, you agree to indemnify Felix against any claims, costs, damages or losses incurred thereby should you fail to comply with clause.

Copyright License

Felix grants to you a worldwide non-exclusive royalty-free revocable licence to:

1. View this website and the material on this website on a computer or mobile device via a web browser;
2. Copy and store this website and the material on this website in your web browser cache memory; and
3. Print pages from this website for your own personal and non-commercial use.

For reproduction or use of Felix’s copyright material beyond such use, written permission must be obtained directly from Felix or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

Felix does not grant you any other rights in relation to this website or the material on this website.  In other words, all other rights are reserved.

Data Mining

The automated and/or systematic collection of data from this website is prohibited.

Disclaimer

Felix publishes or makes available on this website information, advertisements, product and service offers, and links supplied by Felix and third parties. Felix does not and cannot provide any warranty in relation to any goods or services advertised on this website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, as described by the seller or owned by the seller.  

This website is provided “as is” without any representations or warranties, express or implied unless such warranties are legally incapable of exclusion.   

Without prejudice to the generality of the foregoing paragraph, Felix does not warrant that this website will be constantly available, or available at all, or free of fault; or 

It is your responsibility to make enquiries with Felix to ensure that any material or information on which you seek to rely is accurate and current.  Nothing on this website constitutes, or is meant to constitute, advice of any kind. You acknowledge that there has been no reliance by you on Felix’s skill, judgment or any representation by Felix whatsoever in deciding whether this website is fit for any particular purpose. If you require advice in relation to any legal or financial matter you should consult an appropriate professional. 

Limitations of liability

Felix, its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website (including without limitation arising from the use of this website, any inability to access this website or any part of it or a linked website):

1. To the extent that this website is provided free-of-charge, for any direct loss;
2. For any indirect, special or consequential loss; or
3. For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Felix has been expressly advised of the potential loss.

Where such liability cannot be excluded, Felix’s liability to you is strictly limited, at Felix’s discretion, to the supplying of the relevant service again or the payment of the cost of having the relevant service supplied again. Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. 

You hereby grant Felix, and its service providers, a worldwide, royalty free, irrevocable licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, sub-licence, make derivative works of, and otherwise commercialise and exploit, details or information about you or that is posted or uploaded by you onto this website (“Website Content”), including but not limited to your: 

1. Contact information; 
2. Use of this website; and 
3. Information or photographs you have provided Felix to be uploaded or entered into this website. 

You hereby consent to allow Felix, and its service providers, to send you promotional material from time to time. 

You warrant that any Website Content provided by You does not and shall not infringe upon or misappropriate any rights, including, without limitation, intellectual property rights, of any third parties or Felix and its service providers; and that such Website Content is free of worms, viruses, Trojan Horses and other disabling code. 

You agree to indemnify Felix, and its service providers, against any liability which may be incurred to a third party whatsoever, howsoever and to whosoever arising out of any breach of your warranties and out of the use of this website. 

Advertisers and Linked Sites 

The display on this website of any goods or services advertised by any third party vendor, or the provision of a link to external websites that are maintained or hosted by third parties (over which Felix has no control and are in no manner responsible) does not constitute Felix’s endorsement or recommendation of either the third-party vendor or third party provider, or any of their content or business practices. As Felix does not have any control of the content of any third party vendors or third party websites, access to such is at your sole risk and Felix recommends that you thoroughly review the terms and conditions of use and the privacy policies of any third party vendor or third party website immediately before you contract with such third party vend or access such website. 

Felix, and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you: 

1. In regard to any dealings, promotions or activities between yourself and third-party vendors or third-party providers; or 
2. Through relying on anything contained on, or omitted from, such third-party advertisements or third-party websites. 

Goods and Services Supply by Third Party Vendors 

This website contains content (such as specifications and information) provided to Felix by other parties ("Third Party Content"). Felix does not have a practice of monitoring or making inquiries about Third Party Content, and Third Party Content provided on this website is done so in good faith, based on Felix’s knowledge, experience, or information provided to Felix by third party vendors, or derived from sources believed to be accurate at the time the information is received by Felix. However: 

1. It is recommended if you have any concerns as to the suitability of goods or services provided by third party vendors through this website in respect of the use thereof or their suitability for a particular use that you contact Felix, or seek external professional opinion. Felix is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content; and 
2. Whilst Felix makes all effort to ensure the availability of third party vendor's goods and services, the display on thereof on this website does not guarantee their availability and all orders placed through this website shall be subject to confirmation of acceptance by the applicable third party vendor. Orders for goods and services shall be subject to confirmation of suitable timeframes between you and the applicable third-party vendor for supply of the goods and services; and 
3. Such Third-Party Content does not represent the views of Felix and Felix does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services. 

You rely on Third Party Content completely at your own risk and Felix will not be responsible for the terms of any transaction between you and any third party vendor, any goods or services supplied to you by any third party vendor, or resolving any dispute between you and any third party vendor.  

Privacy Policy

To view our up to date Privacy Notice and Cookie Policy please use the following links:
https://www.felix.net/privacy-notice
https://www.felix.net/cookie-policy

Changes to Terms and Conditions

These terms and conditions may be changed at any time by Felix without notice to you.  By continuing to use this website it is deemed that you agree to be bound by the amended terms and conditions.  It is your responsibility to check these terms and conditions each time you access this website.

Continuous Service

Due to the inherent nature of websites, Felix cannot guarantee uninterrupted or continuous availability of this website and you accept that the website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able, Felix shall give you advanced warning of the same. Felix shall accept no liability in relation to website downtime whether scheduled or otherwise.

Termination of Use

These terms and your access to this website may be terminated by Felix (at its sole discretion) at any time without notice or any requirement to give you a reason why. In the event of termination under this clause, Felix shall have no liability to you whatsoever (including for any consequential or direct loss you may suffer).

Jurisdiction

This website (excluding any linked third-party sites) is controlled by Felix from our principal business premises in Australia. It can be accessed from countries around the world to the extent permitted by this website. As each country has laws that may differ from Australia, by accessing this website, you agree that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or your use of this website, irrespective of any conflict with any laws and statutes applicable to your country of domicile.

You further acknowledge and agree that the filing of a claim against Felix (if any) must be made in Queensland, the state in which Felix’s principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.

We make no representation that goods or services offered by third party vendors through this website are appropriate, available or suitable for use in countries outside of Australia, and accessing any material or content from, or through, this website which is illegal in your country of domicile is strictly prohibited.