Terms and Conditions

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.

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.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Privacy Policy

Felix is committed to protecting your Privacy in accordance with Australian Principles. Felix also recognises that when you choose to provide Felix information about yourself that you trust Felix to act responsibly and in your best interests, therefore Felix has the following policies in place to protect your personal information.

Storing Your Information

Felix will take all reasonable steps to ensure that your information held by Felix is accurate up-to date, complete, applicable, is not misleading and will only be used for the purposes stated in this Privacy Policy. Felix will maintain security safeguards to protect your information and will take all reasonable steps to ensure that your information is not disclosed to any unauthorised person or entity.

Information Collected

When you use this website Felix may collect personal information supplied by you in order to facilitate the use of this website. Such information will enable Felix to analyse this website services and enable Felix to provide a higher level of customer service (which may include informative or promotional activities).

Felix may also collect the following information/tracking data for statistical purposes and to help Felix understand how to make this website more available and user friendly for you and to measure the success of any advertising activities Felix may undertake:

  1. your IP address.
  2. the date and time of your visits to this website.
  3. your clicks and activity on this website.
  4. the referring site, if any, through which you clicked through to this website.
  5. technical information on your browser, device and operating systems.

Information Released

Felix will only release information about you as authorised by yourself, required by law or where required in order for us to provide this website to yourself (e.g. to third party vendors, etc.). Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.

Felix will not release your information for any purpose which you could reasonably expect Felix not to release the information.

Except as detailed above, Felix does not share, give, sell, rent, or lease information to third parties and your personal information will only be disclosed to those employees within Felix’s organisation who have a need to know in order to ensure you are provided with information about Felix’s products and/or services or to request  services through this website.

Under the Privacy Act legislation, you can ask to see any information Felix may hold about you and you also have the right to have any inaccuracies in the same corrected by Felix. Felix will comply with any such requests to the extent required by  the Privacy Act legislation within fourteen (14) days of the receipt of your request.

Cookies

This website uses a technology called cookies (a small element of data that this website may send to your computer) that may be used to provide you with specific information for the purpose of Felix tracking site usage and traffic. These cookies do not read your hard drive but may be stored on your hard drive to enable this website to recognise you when you return to the same.

 

Mailing Lists

If at any time you are on a mailing list of Felix then you may request to be removed from the same by email at marketing@okfelix.com and Felix will comply with your request.

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.