Website Terms & Conditions

Website Terms and Conditions

In these Terms, ‘us‘, ‘we‘ and ‘our‘ means Fyber Flooring Pty Ltd t/as Fyber (ABN 22 618 633 784).

Thank you for visiting our website, https://www.fyber.com.au/. By accessing and/or using this website, you hereby represent that you possess the legal right and ability to enter into a legally binding agreement with us and agree to be legally bound by and warrant to use the website in in accordance with these terms and conditions (Terms). You must review our Terms carefully and immediately cease using our website if you do not agree to these Terms.

1 Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, report or services contained in it. However, we do not undertake to keep the website updated and we are not liable to you or anyone else if errors occur or if the website (including anything contained in the website) is inaccurate, not up-to-date, or incomplete.

2 Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you will be required to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail to the extent of that inconsistency.

3 Linked content

Our website may contain links to reports, products, services and/or websites operated by third parties (Linked Content). Linked Content is provided for convenience only and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse, approve or warrant and are not responsible for or have any control over or rights in any Linked Content.

4 Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all reports, publications, tools, text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website does not grant or transfer any rights, title or interest to you in relation to this website or the Content. We only grant you permission to access the website and view the Content on these Terms. All other use, reproduction or redistribution of the whole or any part of this website and any Content is prohibited to the maximum extent permitted by law and may result in you incurring civil and criminal penalties.

5 No commercial use

You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, sell or otherwise profit from any Content in this website without our express written permission.

6 Use

By using this website, you warrant and represent that you will not:

  • use this website in a way that breaches the Terms or any laws;
  • use this website in a way that infringes our rights, or the rights of any third parties;
  • interfere with anyone else’s use of this website, including by sending spam;
  • copy, scrape or reproduce content from this website, including the Content and information about third parties, without our express prior written consent;
  • use any means of automatically searching or mining data from the website or in any way interfere or attempt to interfere with the proper operation of the website;
  • take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the website, our systems or data or those of any third party via the website;
  • take any action that is unlawful or we would otherwise reasonably deem to be inappropriate, including but not limited to: any act that would constitute a breach of the privacy rights or any other rights of any person; using this website to defame or libel us, our employees or any other person; and uploading files that contain viruses that may cause damage to us or any other person.

We reserve the right to take any appropriate steps at law to protect our interests and the interests of any other third parties in response to the above prohibited behaviours.

7 Access

We reserve the right to restrict, suspend or terminate without notice your access to any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

8 Warranties

To the maximum extent permitted by law, we make no warranties or representations about this website, including but not limited to warranties or representations that: the website or any Content will be complete, accurate or up-to-date; that access to the website or any Content will be uninterrupted or error-free or free from viruses; or that this website or any Content will be secure.

Nothing in the Terms purports to modify or exclude the conditions, warranties, and other legal rights under the Competition and Consumer Act 2010 (Cth) and Competition and Consumer Regulation 2010 (Cth) (Australian Consumer Law).

9 Disclaimer

Your use, access to or reliance on anything in this website including the Content is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by your use, access or reliance.

The Content is for general information purposes only and should be viewed as current only at the time of first publication. It does not take into account the particular needs, objectives, or circumstances of you or your company and it is not intended to be comprehensive.

We cannot (and do not) make any warranty or guarantee that the website and any Content will be: complete; accurate; up-to-date; suitable for your purposes; error-free; virus free and/or functional at all or any given time. We expressly exclude any liability for any loss or damage arising from use of this website and any Content whatsoever to the fullest extent permitted by law.

10 Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no circumstance shall we be liable for any direct and indirect loss, cost, damage or liability – irrespective of the manner in which it occurs – which may be suffered due to: your use of, access to or reliance on any aspect of our website; the inaccessibility of this website; and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. By using this website, you agree to irrevocably release us from any such claims.

For the avoidance of doubt and without limiting these Terms, we specifically exclude all liability to you or anyone else for any loss or damage caused by interference with or damage to your computer systems in connection with the use of this website or any Linked Content. You must take your own precautions to ensure that your device remains free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your devices.

11 Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

12 Feedback and Complaints

We welcome any feedback our users have in relation to this website. Please refer any feedback, compliments or complaints to info@fyber.com.au.

Current as at: 26 September 2019