TERMS OF USE AND PRIVACY STATEMENT

Welcome to www.flindersmachinery.com.au, the website of Flinders Machinery Pty Ltd.

Before you access this website, it is important that you familiarise yourself with the terms and conditions set out below. By accessing or using this website, you agree to bound by, and to comply with, such terms.

Definitions

In this document, all references to:
- "GST" have the same meaning as contained in A New Tax System (Goods and Services Tax) Act 1999(as amended);
- "Our Terms" mean the terms and conditions set out within this document and otherwise specified within this website;
- "Flinders Machinery", "Our", "Us" or "We" mean Flinders Machinery Pty Ltd (ACN 135 438 765);
- "this website" mean the website of www.flindersmachinery.com.au;
- "You" and "Your" mean the person accessing or using this website at any given time;

Your legal relationship with Us

The information provided on the Site is for informative purposes only and will not be create a definitive or binding contract between You and Us. A binding contract will only be concluded between You and Us upon execution of a separate legal agreement acknowledging the same.

Your use of this website

You acknowledge and agree that You are solely responsible for all instructions or requests provided with respect to this website. We are entitled to rely, and shall rely, upon information provided by You as absolute proof of Your identity and authority.

You acknowledge and agree that you are solely responsible for any loss caused by our use of information provided by You.

You acknowledge and agree that the information published within this website is only published to provide You with general information on all issues contained therein. It is solely Your responsibility to evaluate the accuracy of all information published within this website.

You agree not to use this website for any purpose that is unlawful or prohibited by our terms.

Changes to our terms

All prices displayed and goods and services offered to be supplied through this website are subject to change, at Our sole discretion.

Without limiting Our ability to give notice to You by any other means, You will be deemed to have received notice of such changes when We place a notice on this website advising that our terms have been changed and agreed to be bound by the revised terms if You continue to use this website and/or to access the services offered through it after the date that notification is posted on this website.

Availability of goods advertised

We give no guarantee to You of the continued availability of any particular good or service advertised on this website and We will not be liable to You should any such good or service (where applicable) be out of stock or discontinued at any time prior to removal of the advertisement from this website.

Quality of service offered

We provide no warranty to You that the services offered through this website will be uninterrupted or error-free or that defects in the service will be corrected.

Your guarantee and indemnity

You indemnify Us and Our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of this website or the goods and/or services offered through it.

To the extent permitted by law, neither We nor any of Our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you in any way through the use of this website or the goods and/or services offered through it.

To the extent permitted by law, all warranties, conditions and representations about this website or the goods and/or services offered through it are excluded. However, it may be that such goods and/or services are protected by a manufacturer's or supplier's warranty. In this case, You will be lawfully permitted to rely upon such a warranty as against the manufacturer or supplier.

If a term is implied by law into our terms and the law prohibits provisions in a contract excluding or modifying Our liability to You under such terms, then Our liability for a breach of any such terms will be limited, at Our option, to one or more of the following:

(a) in relation to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) payment of the cost of having the goods repaired;

(b) in relation to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

GST

If GST is imposed on any supply made by Us through this website, You must, upon demand, pay to Us, in addition to any monies payable by You for the supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration due from You for the relevant supply (without any deduction or set off).

Suspension or termination

If, in Our reasonable opinion, You breach any of Our terms, We may suspend, terminate or limit Your access to this website or any of the services offered through it without notice to You.

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

Intellectual property

Copyright in the material and all other intellectual property relating to this website is owned by Us (unless otherwise indicated) and You agree not to infringe any such intellectual property rights.

You agree that information contained on this website is for personal use only and may not be sold or redistributed in any manner by You. You may download material from this Site for your personal use, provided you maintain our intellectual property in the same.

You agree not to modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this website.

Severability

If any clause contained within our terms is held to be invalid by a court of appropriate jurisdiction, that clause shall be severed from our terms and the remainder of our terms will continue to be valid and enforceable.

Jurisdiction

The laws governing our terms will be the laws of South Australia and You irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in South Australia.