Terms and Conditions
Flowtherm Australia Pty Ltd.
1. Intellectual Property
1.1 The website at the URL https://www.flowtherm.com.au/ (Website) is owned and operated by Flowtherm Australia Pty Ltd (ACN 096 858 909) of 41 Timor Circuit, Keysborough, VIC, 3173 (Flowtherm, we, our, us).
1.2 Your use of the Website is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (terms and conditions). Your use of and/or access to the Website constitutes your agreement to be bound by these terms and conditions.
1.3 These terms and conditions are in addition to any other agreement you may enter into with Flowtherm, or any third party introduced by Flowtherm, and shall continue to be binding on you notwithstanding any other such agreement you may enter into.
2. Intellectual Property
2.1 All information, text, material, graphics, software and photographs on the Website (materials) are copyright of Flowtherm, its associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by Australian and international copyright laws.
2.2 You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided on the Website, or expressly authorised in writing by Flowtherm.
2.3 The name “Flowtherm”, and related logos are trade marks of Flowtherm.
2.4 You must not use our trade marks, logos or other materials for any purpose without the prior written consent of Flowtherm.
2.5 You may, subject to specific restrictions set out in these terms and conditions, download material from the Website solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from the Website.
3.1 The contents on the Website (Content) are for general information purposes only. Any use of our materials or information by another person or organisation is at the user’s own risk. Further, Flowtherm does not warrant or make any representations as to the expected results or outcomes of users of the Content.
3.2 While care has been taken in preparing the Content on the Website, Flowtherm and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
3.3 You agree to be solely responsible for the interpretation and use of any Content that you receive, communicate or otherwise provide over the Website.
4.1 You agree to use the Website, including all features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content contained on the Website. You agree not to archive, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale, or use (except as explicitly set out in these terms and conditions) our Content.
- circumvent, remove, alter, deactivate, degrade or inhibit any of the content protections in the Website;
- use any robot, spider, scraper or other automated means to access the Website;
- insert any code or product or manipulate the content of the Website in any way; or
- use any data mining, data gathering or extraction method on or in relation to the Website.
4.3 You agree not to send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website in any form, including any software viruses or any other computer code, files or programs.
5. Disclaimers and Limitation of Liability
5.1 To the fullest extent permitted by law:
- all information and materials on the Website is provided “as is” and without warranty of any kind, express or implied;
- all implied warranties as to merchantability and fitness for a particular use or purpose are excluded;
- we and our information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on Website;
- we make no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data; and
- we make no warranties that the server transmitting information and materials to you, will be free of infection, viruses or other code that manifest contaminating or destructive properties.
5.2 Further, our liability for the breach of any warranty or condition which cannot by law be excluded shall, at our option, be limited in the case of services supplied by us to:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
5.3 Under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our associated companies, directors, officer or employees be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the Website or any content or other materials contained on the Website.
6. Access and communication
6.1 Flowtherm does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
6.2 Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country.
6.3 Flowtherm provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release Flowtherm from all applicable liability and responsibility.
7.1 You agree to fully indemnify and hold harmless Flowtherm, its directors, officers, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of these terms and conditions by you; or
- your access or use of the Website.
8.1 Access to any website which may be reached by the hyperlinks on this Website (linked site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the linked site.
8.2 Accessing a linked site from this Website does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of Flowtherm as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the linked site. Flowtherm will not be liable to the reader or any third party for losses, costs, damages or other expenses incurred as a result of such access and the use of any information contained on a linked site.
8.3 The ability to access a linked site does not:
- constitute express or implied authority to infringe copyright in any material contained on the linked site; and/or
- imply any connection, sponsorship or affiliation between the linked site and this Website or Flowtherm.
10. Variation and Termination
10.1 These terms and conditions shall continue to have full force and effect until varied or terminated by Flowtherm. Flowtherm reserves the right to terminate this agreement and your access to the Website at any time for any reason. The terms and conditions relating to intellectual property, your licences to Flowtherm, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.
10.2 Flowtherm reserves the right to vary these terms and conditions at any time by posting new or varied terms and conditions on the Website. You are responsible for reviewing any new or updated terms and conditions on the Website and your continued use of the Website will constitute an agreement to be bound by such updated terms and conditions.
11.1 All references in these terms and conditions to “Flowtherm” include its employees, contractors, directors, officers, servants, agents and related entities.
11.2 The agreement constituted by these terms and conditions is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
11.3 If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
11.4 Our waiver of a breach by you of these terms and conditions does not amount to a waiver of all breaches by you, and we reserve our rights pursuant to this agreement in respect of any other or further breaches by you of these terms and conditions.
11.5 If you have any questions regarding the Website or these terms and conditions you may contact us at:
Phone: +61 3 9588 1255
Last updated: July 2021