Terms of service

  1. Interpretation

    1.1 In these Terms and Conditions, words in the singular include the plural and vice versa. References to a party include corporations, trusts, partnerships, unincorporated bodies, governments, local authorities or agencies, or other entities whether or not they comprise separate legal entities. Any terms used in these Terms and Conditions have the same meaning as in the Tax Invoice.

    1.2 In these Terms and Conditions: 

    • (a) "ACL" means the Australian Consumer Law located in Schedule 2 of the CCA;
    • (b) "CCA" means the Competition and Consumer Act 2010 (Cth) and all related regulations, as amended from time to time;
    • (c) "Confidential Information" means all information not in the public domain as at the date of the Agreement, whether oral, in writing, or recorded in any other medium or mode of storage, in relation to the parties and includes, without limitation, pricing information, commercially sensitive or confidential information relating to Flexible Neon, and information proprietary or confidential to either party;
    • (d) "Customer" means the person, firm, organization, or corporation purchasing Flexible Neon products as set out in the Tax Invoice;
    • (e) "Delivery Address" means the address specified in the Tax Invoice as the address where the Equipment is set up or to be set up once Delivered;
    • (f) "Equipment" means all products supplied by Flexible Neon to the Customer as set out in the Tax Invoice;
    • (g) "Force Majeure Event" means any cause or circumstance beyond Flexible Neon's reasonable control, including but not limited to natural calamities, acts of God, pandemic, or government directions;
    • (h) "GST" means the tax payable on a Taxable Supply within the meaning of the GST Act;
    • (i) "GST Act" means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time, and any related Act imposing such tax or legislation that is enacted to validate, recapture, or recoup such tax;
    • (j) "Intellectual Property" means all intellectual and industrial property or protected rights throughout the world, including copyright, patents, trademarks, confidential information, know-how, and trade secrets;
    • (k) "Insolvency" means specified circumstances relating to a party's insolvency;
    • (l) "Party" means either Flexible Neon or the Customer, and "Parties" means both of them;
    • (m) "Services" means services supplied by Flexible Neon to the Customer in relation to the Equipment;
    • (n) "Tax Invoice" means the tax invoice issued to the Customer by Flexible Neon in relation to the Equipment and Services;
    • (o) "Taxable Supply" has the meaning given to the term in the GST Act; and
    • (p) "Terms" means these Terms and Conditions.

  1. Agreement Terms

    2.1 These Terms and Conditions govern the sale and purchase of Flexible Neon products and the provision of related services.

    2.2 By purchasing Flexible Neon products or using our services, you agree to be bound by these Terms and Conditions.

    2.3 The agreement between Flexible Neon and the Customer comprises these Terms and Conditions and the Tax Invoice.

    2.4 Acceptance of orders is subject to approval by Flexible Neon.

    2.5 Amendments to these Terms and Conditions require mutual agreement between Flexible Neon and the Customer.

  2. Use of the Website

    3.1 Use of Flexible Neon's website is subject to these Terms and Conditions and the Privacy Policy.

    3.2 Users must not engage in any unlawful, fraudulent, or harmful activities on the website.

    3.3 Flexible Neon reserves the right to suspend or terminate access to the website for any user violating these Terms and Conditions.

    3.4 Users are responsible for maintaining the confidentiality of their account credentials.

    3.5 The website may contain links to third-party websites; however, Flexible Neon is not responsible for the content or practices of such sites.

  3. Privacy Policy

    4.1 Flexible Neon's Privacy Policy outlines how we collect, use, disclose, and manage personal information.

    4.2 By using our website or purchasing our products, you consent to the terms of our Privacy Policy.

    4.3 Personal information collected by Flexible Neon is used for the purpose of processing orders, providing services, and improving user experience.

    4.4 Flexible Neon implements appropriate security measures to protect personal information from unauthorised access, use, or disclosure.

  4. Orders and Payments

    5.1 Orders placed with Flexible Neon are subject to acceptance by us.

    5.2 Payment terms are outlined in the Tax Invoice issued by Flexible Neon.

    5.3 Customers must provide accurate payment information and ensure timely payment for orders.

    5.4 Flexible Neon reserves the right to cancel or refuse orders in the event of payment disputes or non-compliance with payment terms.

    5.5 Payment processing may involve third-party payment processors, and users are subject to their terms and conditions.

  1. Domestic Shipping and Delivery

    6.1 Flexible Neon offers domestic shipping within Australia only.

    6.2 Shipping fees and delivery times are specified at the time of purchase.

    6.3 Delivery dates are estimates and may be subject to change due to unforeseen circumstances.

    6.4 Customers are responsible for providing accurate delivery information and ensuring someone is available to receive the package.

    6.5 Flexible Neon is not liable for delays or issues arising from incorrect delivery information provided by the Customer.

  2. Payment

    7.1 Payment for orders must be made in full at the time of purchase unless otherwise agreed upon.

    7.2 Accepted payment methods include credit/debit cards, bank transfers, and other methods specified by Flexible Neon.

    7.3 All payments are processed securely through trusted payment gateways.

    7.4 Payment processing fees may apply and will be disclosed at the time of payment.

    7.5 Flexible Neon reserves the right to withhold delivery until full payment is received.

  3. Other Charges

    8.1 Additional charges may apply for services such as expedited shipping, special packaging, or custom orders.

    8.2 These charges will be clearly communicated to the Customer before the order is finalised.

    8.3 Customers are responsible for any customs duties, taxes, or import fees associated with their order.

    8.4 Flexible Neon reserves the right to modify pricing and fees at any time, with notice provided to Customers.

    8.5 Invoices for additional charges must be paid in full according to the terms specified.

  4. Installation of Product

    9.1 Flexible Neon products should be installed by a qualified professional.

    9.2 Installation instructions are provided with each product and should be followed carefully.

    9.3 Improper installation may result in damage to the product or property and may void warranties.

    9.4 Customers are responsible for ensuring the installation location is suitable and meets safety requirements.

    9.5 Flexible Neon is not liable for any damages or injuries resulting from improper installation.

  5. International Shipping and Delivery

    10.1 Flexible Neon offers international shipping to select countries.

    10.2 International shipping fees and delivery times vary depending on the destination.

    10.3 Customers are responsible for any customs duties, taxes, or import fees imposed by their country's customs authorities.

    10.4 Delivery dates for international orders are estimates and may be subject to delays due to customs clearance procedures.

    10.5 Flexible Neon is not responsible for delays or issues caused by customs inspections or regulations in the destination country.

  6. Customer Warranties

    11.1 By placing an order with Flexible Neon, the Customer warrants that they are legally capable of entering into a binding contract.

    11.2 The Customer warrants that all information provided to Flexible Neon is accurate, complete, and current.

    11.3 The Customer warrants that they will use the products purchased from Flexible Neon in accordance with any applicable laws and regulations.

    11.4 The Customer warrants that they will not use the products for any illegal or unauthorized purpose.

    11.5 The Customer warrants that they will not resell or distribute Flexible Neon products without prior written consent.

  7. Customer Responsibilities

    12.1 Customers are responsible for maintaining the confidentiality of their account information and passwords.

    12.2 Customers are responsible for any activity that occurs under their account, including unauthorized use of their account.

    12.3 Customers are responsible for providing accurate and up-to-date shipping and contact information.

    12.4 Customers are responsible for inspecting products upon delivery and reporting any issues or damages to Flexible Neon within a reasonable timeframe.

    12.5 Customers are responsible for complying with all terms and conditions outlined in this agreement.

  8. Returns and Refunds

    13.1 Flexible Neon offers a returns and refunds policy in accordance with Australian Consumer Law.

    13.2 Customers may be eligible for a refund or replacement if the product is faulty, damaged, or not as described.

    13.3 Requests for returns or refunds must be made within a reasonable timeframe (10 days) after receiving the product.

    13.4 Products must be returned in their original condition and packaging, accompanied by proof of purchase.

    13.5 Refunds will be issued using the original payment method, excluding any shipping or handling fees.

  9. Intellectual Property

    14.1 All intellectual property rights related to Flexible Neon's products, including but not limited to designs, logos, trademarks, and content, are the property of Flexible Neon.

    14.2 Customers are granted a limited, non-exclusive, non-transferable license to use Flexible Neon's products for personal or commercial purposes in accordance with these terms and conditions.

    14.3 Customers may not reproduce, modify, distribute, or create derivative works based on Flexible Neon's products without prior written consent.

    14.4 Any unauthorised use of Flexible Neon's intellectual property may result in legal action.

    14.5 Customers retain ownership of any intellectual property rights related to content they submit or upload to Flexible Neon's website, but grant Flexible Neon a non-exclusive, royalty-free license to use, reproduce, and distribute such content.

  10. Limitation of Liability

    15.1 To the extent permitted by law, Flexible Neon shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of its products or website.

    15.2 Flexible Neon's total liability for any claims arising under these terms and conditions, whether in contract, tort, or otherwise, shall be limited to the purchase price of the product giving rise to the claim.

    15.3 Flexible Neon shall not be liable for any loss or damage resulting from delays or disruptions in its website or the inability to access or use its website.

    15.4 Flexible Neon shall not be liable for any damages arising from the use of third-party products or services recommended or sold through its website.

    15.5 Nothing in these terms and conditions shall limit or exclude liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

  11. Termination

    16.1 Flexible Neon reserves the right to terminate or suspend a customer's access to its website or services at any time, without prior notice, for any reason or no reason.

     

  12. Customer Indemnities

    17.1 Customers agree to indemnify and hold Flexible Neon and its affiliates, officers, directors, agents, and employees harmless from any claims, losses, damages, liabilities, costs, or expenses (including legal fees) arising out of or in connection with the customer's use of Flexible Neon's products or services.

    17.2 Customers agree to indemnify and hold Flexible Neon harmless against any claims or demands made by any third party due to or arising out of the customer's breach of these terms and conditions or violation of any law or the rights of a third party.

  13. Changes to Terms and Conditions

    18.1 Flexible Neon reserves the right to update or modify these terms and conditions at any time without prior notice.

    18.2 Customers are encouraged to review the terms and conditions periodically for any changes.

    18.3 Continued use of Flexible Neon's products or services after any modifications to the terms and conditions shall constitute acceptance of such changes.

  14. Sales/Discounts

    19.1 Flexible Neon may offer sales, discounts, or promotional offers from time to time at its discretion.

    19.2 Sales, discounts, or promotional offers may be subject to specific terms and conditions and may be available for a limited time only.

    19.3 Flexible Neon reserves the right to modify or withdraw any sales, discounts, or promotional offers at any time without prior notice.

  15. International Use of the Website

    20.1 Customers accessing Flexible Neon's website from locations outside of Australia do so at their own risk and are responsible for compliance with local laws.

    20.2 By accessing Flexible Neon's website, customers agree to submit to the jurisdiction of the courts of Australia for any disputes arising out of or relating to the use of the website or these terms and conditions.

  16. Disclaimer

    21.1 Flexible Neon's products and services are provided on an "as is" and "as available" basis without any warranties, express or implied.

    21.2 Flexible Neon makes no representations or warranties of any kind, whether express or implied, regarding the accuracy, reliability, or completeness of its products, services, or website.

  17. General

    22.1 These terms and conditions constitute the entire agreement between Flexible Neon and its customers regarding the use of its products and services.

    22.2 Any failure by Flexible Neon to enforce any provision of these terms and conditions shall not be construed as a waiver of its rights under such provision or any other provision.

    22.3 If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  18. Any Other Relevant

    23.1 Flexible Neon reserves the right to take any action it deems necessary to enforce these terms and conditions, including but not limited to legal action.

    23.2 These terms and conditions shall be governed by and construed in accordance with the laws of Australia.

    23.3 Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia.