Terms of Use

Welcome to the Flocksy website. This website is owned by, and its content is published by Flocksy ABN 35420314495.

In these Terms of Use, "we", "us" or "our" means Flocksy and includes business owners, managers, directors, employees and agents; and "you" or "your" means the person who accepts these Terms of Use, by using this website.

Flocksy provides this website as part of its overall service to you. By accessing or using any of the content, information, data, text, graphics, photographs and other materials ("Material") on this website or by ordering any products through this website, you agree to these Terms of Use, the Flocksy Privacy Policy and all disclaimers that appear on this website. If you do not agree with these Terms of Use or the Flocksy Privacy Policy, you should not use this website.



For an explanation of the policies of Flocksy relating to the collection, use, and storage of personal information of users of this website, and information collected automatically through 'cookies' and clickstream information, please refer to the Flocksy Privacy Policy available at www.flocksy.com.au.



Part of this website is a shopping website where you can browse, select and order products from Flocksy.

To purchase goods via this website, you may create an account or check-out as a guest.

If you check out as a guest, full access to functionality on this website may not be available to you including order history, order status, address book and receipt of additional marketing communications.

In order to create an account, you must provide personal details and contact information.

You are responsible for maintaining the confidentiality of your account or password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Regardless of whether you create an account or check out as a guest, you warrant that all details you provide to us are accurate and correct, that the information you have provided to us is correct at the time of ordering and that you accept the responsibility that fulfilment of your order is predicated on the information that you have provided to us.

This website is intended for use by persons aged 18 years or older. Users under 18 are advised to ask a parent or guardian for their permission before purchasing any products from this website.



The information on this website is intended for general, public information only and should not be considered to be complete or definitive. We take all reasonable steps to ensure that information on this website is correct, however we do no warrant that it is accurate or complete. To the maximum extent permitted by law, the Flocksy accepts no responsibility regarding the completeness or accuracy of information on this website and use of such information is at your own risk.


When you visit a the Flocksy website, the following information will be recorded by our Internet Service Provider ("ISP") for statistical purposes:

- your server address

- your top level domain name (e.g: .com, .gov, .au, etc)

- the date and time of your visit to this website

- the pages accessed and documents downloaded

- the previous websites visited; and

- the type of browser used.

All non-personal information or material sent to Flocksy is deemed not to be confidential. You grant Flocksy an unrestricted irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute that information or material, for any purpose.

No attempt will be made to identify you or your browsing activities from these records except in the unlikely event of an investigation by the ISP, or where a law enforcement agency exercises a warrant to inspect the ISP's logs.



You authorise Flocksy to collect, store, disclose and share information about you with:

- Flocksy and its collaborative partners; and

- any consultant providing services to Flocksy or to its collaborative partners ("Consultants") for the purpose of providing marketing information to you about products and services offered by Flocksy and its collaborative partners; and monitoring the quality and standard of service provided to you or other consumers by Flocksy, its collaborative partners or by the Consultants.



This website may contain links to sites maintained by other organisations ("Third Party Websites"), and those Third Party Websites are not under the control of Flocksy. Flocksy does not take any responsibility for the Material or functionality of Third Party Websites ("Third Party Material").

- regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or

- that Third Party Material does not infringe the intellectual property rights of any person. Flocksy is not authorising the reproduction of Third Party Material by linking material on this website to Third Party Material.

You should take appropriate action to ensure that your access to, and use of this website and Third Party Websites is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.



Any software available to download through links from this website is a third party product unless otherwise indicated. Your use of that software may be subject to a licence agreement between you and the software owner. To the maximum extent permitted by law, Flocksy accepts no liability in respect of such third party software and Flocksy provides no warranty and gives no endorsement in respect of such products or any party connected with them. If you have any feedback or suggestions concerning this software, please contact us.



Intellectual property rights in all software and Materials on the website is owned by Flocksy and/or its licensors. Except where necessary for viewing material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Materials on this website may be uploaded to a third party, linked to, framed, reproduced, adapted, performed in public, distributed or transmitted in any form by any process without the specific written consent of Flocksy. Please contact us if you would like to place a link to any part of this website.



In addition to obligations listed elsewhere in these Terms of Use, you agree:

- not to copy or adapt any Materials, tamper with this website, misrepresent your identity, use buying agents or conduct fraudulent activities on the website;

- not to transmit or attempt to transmit any viruses, hack data or engage in any hacking activity of any kind;

- to access this website for personal use only;

- to comply with all laws in relation to your access or use of Materials on this website, including laws of the country in which you reside or from which you access this website; and

- not to use any data listed on this website for commercial purposes e.g. through price or information scraping.



To the maximum extent permitted by law Flocksy is not liable (whether in contract, tort, under statute or otherwise) for any loss, damage or expense (including special, indirect or consequential loss, loss of profit or revenue, loss of use, interruption of business, loss of data, legal costs or settlement costs or otherwise) in connection with:

- use of this website, any other hyperlinked website, Materials on this website or to Third Party Material;

- the transmission of any computer viruses, worms, trojan horses and other harmful and destructive material; or

- any inability to access or use the website due to technical reasons beyond our control.


To the maximum extent permitted by law, Flocksy provides no representations or warranties, express or implied, including any implied warranties of fitness for a particular purpose, merchantability or otherwise in relation to any information provided by Flocksy on this website.

Where liability cannot be excluded, the maximum liability of Flocksy for a breach of any term, condition or warranty implied by law or otherwise is limited, at the election of Flocksy to:

- resupply of the relevant advice, service, recommendation or information; or

- payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.



Your access to this website may be cancelled without notice if you are in breach of these Terms of Use. All restrictions, licences granted by you and all disclaimers and limitations of liability by Flocksy will continue after cancellation.

Flocksy may, as reasonably required from time to time, revise these Terms of Use. By using this website, you agree to be bound by all revisions and you should therefore periodically visit this page to determine the then current terms of use which govern your relationship with Flocksy.

If a provision of these Terms of Use is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of remaining provisions.

Any rights not expressly granted in these Terms of Use are reserved by Flocksy. A right of Flocksy under these Terms of Use may only be waived in writing signed by Flocksy.

These Terms of Use and your use of this website are governed by the laws of Queensland, Australia and the parties submit to the exclusive jurisdiction of the courts of Queensland.