These Website Terms and Conditions govern the general use of Fenix Store Australia’s website
1. Application, variation and suspension
1.1 These Website Terms and Conditions govern the website operated and provided by LED Flashlights Australia PTY LTD t/a Fenix Store Australia (Fenix Store Australia).
1.2 Any use of Fenix Store Australia’s website by you constitutes acceptance of these Website Terms and Conditions.
1.3 Fenix Store Australia may amend, vary or modify these Website Terms and Conditions at any time. Amendments will be effective upon posting of updated terms to this page. Your continued access after such posting constitutes your consent to be bound by the Website Terms and Conditions as varied. You may cease using Fenix Store Australia’s website if you do not agree to the variation.
1.4 Fenix Store Australia does not guarantee that this website will be free of disruption or error. The website may be unavailable from time to time, and occasional disruptions and outages may occur, including system failure or other events beyond the reasonable control of Fenix Store Australia and its third-party providers. From time to time, Fenix Store Australia may need to temporarily suspend access to this website to perform scheduled or emergency maintenance, or where reasonably necessary to protect Standard Australia's legitimate interests. Fenix Store Australia will use reasonable efforts to fix faults and disruptions and where practical Fenix Store Australia will give notice of scheduled maintenance by posting a notice on this website.
2. Privacy
2.1 By accessing or using this website or otherwise contacting Fenix Store Australia, you agree and acknowledge that your personal information will be collected, used, disclosed and held in accordance with Fenix Store Australia’s Privacy Policy, which may be updated by Fenix Store Australia from time to time.
3. Cookies
3.1 This website uses cookies and device identifiers to identify visitors to this website, gather statistical information, store user preferences, activity, and session information, improve security, enhance website functionality, improve services and show Fenix Store Australia’s ads across the internet and devices. Fenix Store Australia also uses web analytics and session recording technology provided by third party service providers. These services use cookies to assist us in understanding how visitors access and utilise our website.
3.2 You can opt-out of Fenix Store Australia’s use of cookies in your browser at any time by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this website, may then be inaccessible or not function properly.
3.3 For more information on how Fenix Store Australia uses cookies and device identifiers please see Fenix Store Australia’s Privacy Policy.
4. Disclaimer and Liability
4.1 While Fenix Store Australia provides the website and its contents in good faith, the website is provided on an “as is” and “as available” basis. Except as required of Fenix Store Australia under the consumer guarantees in the Australian Consumer Law:
(a) Fenix Store Australia disclaims all conditions, warranties, guarantees, rights and remedies, liabilities and other terms that may be implied by custom, statute or common law, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no warranty, or guarantee regarding the reliability, accuracy, timeliness, quality, suitability or availability of the website or the content, information or materials on this website or any websites linked to this website. The entire risk arising out of the use of this website and its content remains solely with the user, to the maximum extent permitted under applicable law, including the Australian Consumer Law;
(b) Fenix Store Australia does not guarantee or warrant that this website will be uninterrupted or error-free or that this website or any files obtained from or through this website are free from harmful code, computer viruses or other defects;
(c) Fenix Store Australia shall not be liable for any damages, liability or losses arising out of your use of or reliance on this website or its content; and
(d) Fenix Store Australia shall not be liable for any loss or damage of any kind, whether direct, indirect, special, incidental, exemplary, punitive or consequential damages, including loss of revenue or profits, lost data, loss of value of equipment, death, personal injury or property damage related to or in connection with your use of this website and content, any information or materials on this website or any websites linked to this website.
5. Intellectual Property
5.1 Intellectual property rights (including any copyright, trademark rights) in the content on this website, vests in Fenix Store Australia, subject to any third party rights.
5.2 Nothing contained on this website is to be construed as granting a licence to use any content on this website. You may not use, reproduce or modify any content displayed on this website including Fenix Store Australia’s logo or trademark/s without Fenix Store Australia’s written consent.
5.3 You may not pass off content from this website as your own. This includes the practice of 'Framing' this website within another website as well as copying and re-using parts of the website.
6. Linking to other websites
6.1 This website may contain links to other websites. Fenix Store Australia does not warrant approve of or accept any liability or responsibility for any such websites. Access to these websites is at your own risk.
7. Guidelines for linking to this website
7.1 You are welcome to put links on your website pointing to the Fenix Store Australia’s website. In such case we request that you adopt the following guidelines for linking:
(a) Links to Fenix Store Australia's site should usually be to the home page, i.e. https://fenixstore.com.au. Linking to other parts of the site poses some risk, as the page or service to which you link may move or become unavailable.
(b) The correct name for the website is Fenix Store Australia Limited.
(c) Fenix Store Australia’s logo and its variants are subject to copyright. They may only be used with written permission from Fenix Store Australia.
8. Governing Law
8.1 The laws of the State of New South Wales, Australia govern these Website Terms and Conditions and any agreement formed under them. You and Fenix Store Australia irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.