WEBSITE TERMS AND CONDITIONS OF USE

About the Website

Welcome to www.floods.com.au (Website). The Website provides you with an opportunity

to browse and purchase various products that have been listed for sale through the

Website (Products). The Website provides this service by way of granting you access to

the content on the Website (Purchase Services).

The Website is operated by John Flood. Access to and use of the Website, or any of its

associated Products or Services, is provided by John Flood. Please read these terms and

conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies

that you have read, understood and agree to be bound by the Terms. If you do not agree

with the Terms, you must cease usage of the Website, or any of Services, immediately.

John Flood reserves the right to review and change any of the Terms by updating this page

at its sole discretion. When John Flood updates the Terms, it will use reasonable

endeavours to provide you with notice of updates to the Terms. Any changes to the Terms

take immediate effect from the date of their publication. Before you continue, we

recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to

accept or agree to the Terms where this option is made available to you by John Flood in the user

interface.

Registration to use the Purchase Services

In order to access the Purchase Services, you must first register as a user of the Website.

As part of the registration process, or as part of your continued use of the Purchase

Services, you may be required to provide personal information about yourself (such as

identification or contact details), including:

Email address

Preferred username

Mailing address

Telephone number

Password

You warrant that any information you give to John Flood in the course of completing the

registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the

Website (Member) and agree to be bound by the Terms. As a Member you will be granted

immediate access to the Purchase Services.

You may not use the Purchase Services and may not accept the Terms if:

you are not of legal age to form a binding contract with John Flood; or

you are a person barred from receiving the Purchase Services under the laws of

Australia or other countries including the country in which you are resident or from

which you use the Purchase Services.

Your obligations as a Member

As a Member, you agree to comply with the following: You will use the Purchase Services

only for purposes that are permitted by:

the Terms;

any applicable law, regulation or generally accepted practices or guidelines in the

relevant jurisdictions;

you have the sole responsibility for protecting the confidentiality of your password

and/or email address. Use of your password by any other person may result in the

immediate cancellation of the Purchase Services;

any use of your registration information by any other person, or third parties, is

strictly prohibited. You agree to immediately notify John Flood of any unauthorised

use of your password or email address or any breach of security of which you have

become aware;

access and use of the Website is limited, non-transferable and allows for the sole

use of the Website by you for the purposes of John Flood providing the Purchase

Services;

you will not use the Purchase Services or Website for any illegal and/or

unauthorised use which includes collecting email addresses of Members by

electronic or other means for the purpose of sending unsolicited email or

unauthorised framing of or linking to the Website;

you agree that commercial advertisements, affiliate links, and other forms of

solicitation may be removed from the Website without notice and may result in

termination of the Purchase Services. Appropriate legal action will be taken by John

Flood for any illegal or unauthorised use of the Website; and

you acknowledge and agree that any automated use of the Website or its Purchase

Services is prohibited.

Purchase of Products and Returns Policy

In using the Purchase Services to purchase the Product through the Website, you will

agree to the payment of the purchase price listed on the Website for the Product

(Purchase Price).

Payment of the Purchase Price may be made through PayPal (Payment Gateway

Provider). In using the Purchase Services, you warrant that you have familiarised yourself

with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy

and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by John Flood, you will be

issued with a receipt to confirm that the payment has been received and John Flood may

record your purchase details for future use.

John Flood may, at their sole discretion, provide a refund on the return of the Products

within 30 days where the Product packaging is unopened and remains in a saleable

condition. You acknowledge and agree that you are liable for any postage and shipping

costs associated with any refund pursuant to this clause.

Delivery

You acknowledge that the Purchase Services offered by John Flood integrate delivery

(Delivery Services) through the use of third party delivery companies (Delivery Service

Providers).

In providing the Purchase Services, John Flood may provide you with a variety of delivery

and insurance options offered as part of the Delivery Services by the Delivery Service

Providers. You acknowledge and agree that John Flood is not the provider of these delivery

and insurance options and merely facilitates your interaction with the Delivery Service

Providers in respect to providing the Delivery Services.

In the event that an item is lost or damaged in the course of the Delivery Services, John

Flood asks that you:

contact the Delivery Service Provider directly to request a refund or to claim on any

insurance options available; and

contact us by sending an email to sales@floods.com.au outlining in what way the

Products were damaged in transit so we are able to determine if the Delivery

Service Provider should be removed from the Purchase Services.

Warranty

John Flood's Products come with guarantees that cannot be excluded under the Australian

Consumer Law. You are entitled to a replacement or refund for a major failure of the

Product and compensation for any other reasonably foreseeable loss or damage. You are

also entitled to have the Products repaired or replaced if the Products fail to be of

acceptable quality and the failure does not amount to a major failure (Warranty).

You may make a claim under this clause (Warranty Claim) for material defects and

workmanship in the Products within 1 month from the date of purchase (Warranty Period).

In order to make a Warranty Claim during the Warranty Period, you must provide proof of

purchase to John Flood showing the date of purchase of the Products, provide a

description of the Products and the price paid for the Products by sending written notice to

John Flood by email at sales@floods.com.au.

Where the Warranty Claim is accepted then John Flood will, at its sole discretion, either

repair or replace any defective Products or part thereof with a new or remanufactured

equivalent during the Warranty Period at no charge to you for parts or labour. You

acknowledge and agree that you will be solely liable for any postage or shipping costs

incurred in facilitating the Warranty Claim.

The Warranty shall be the sole and exclusive warranty granted by John Flood and shall be

the sole and exclusive remedy available to you in addition to other rights and under a law in

relation to the Products to which this warranty relates.

All implied warranties including the warranties of merchantability and fitness for use are

limited to the Warranty Period.

The Warranty does not apply to any appearance of the supplied Products nor to the

additional excluded items set forth below nor to any supplied Products where the exterior of

which has been damaged or defaced, which has been subjected to misuse, abnormal

service or handling, or which has been altered or modified in design or construction.

Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of John Flood are

subject to copyright. The material on the Website is protected by copyright under the laws

of Australia and through international treaties. Unless otherwise indicated, all rights

(including copyright) in the site content and compilation of the website (including text,

graphics, logos, button icons, video images, audio clips and software) (Content) are

owned or controlled for these purposes, and are reserved by John Flood or its contributors.

John Flood retains all rights, title and interest in and to the Website and all related content.

Nothing you do on or in relation to the Website will transfer to you:

the business name, trading name, domain name, trade mark, industrial design,

patent, registered design or copyright of John Flood; or

the right to use or exploit a business name, trading name, domain name, trade mark

or industrial design; or

a system or process that is the subject of a patent, registered design or copyright

(or an adaptation or modification of such a system or process).

You may not, without the prior written permission of John Flood and the permission of any

other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post,

distribute, show or play in public, adapt or change in any way the Content or third party

content for any purpose. This prohibition does not extend to materials on the Website,

which are freely available for re-use or are in the public domain.

Privacy

John Flood takes your privacy seriously and any information provided through your use of the

Website and/or the Purchase Services are subject to John Flood's Privacy Policy, which is

available on the Website.

General Disclaimer

You acknowledge that John Flood does not make any terms, guarantees, warranties,

representations or conditions whatsoever regarding the Products other than provided for

pursuant to these Terms.

John Flood will make every effort to ensure a Product is accurately depicted on the

Website, however, you acknowledge that sizes, colours and packaging may differ from

what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or

conditions implied or imposed by law, including the Australian Consumer Law (or any

liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not

expressly stated in these Terms are excluded; and

John Flood will not be liable for any special, indirect or consequential loss or

damage (unless such loss or damage is reasonably foreseeable resulting from our

failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or

damage to goodwill arising out of or in connection with the Purchase Services or

these Terms (including as a result of not being able to use the Purchase Services or

the late supply of the Purchase Services), whether at common law, under contract,

tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of John Flood

(including the Delivery Services), is at your own risk. Everything on the Website, the

Purchase Services, and the Products of John Flood, are provided to you on an "as is" and

"as available" basis, without warranty or condition of any kind. None of the affiliates,

directors, officers, employees, agents, contributors, third party content providers or

licensors of John Floodincluding any third party where the Delivery Services are made

available to you) make any express or implied representation or warranty about its Content

or any products or Purchase Services (including the products or Purchase Services of John

Flood) referred to on the Website. This includes (but is not restricted to) loss or damage

you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to

correct defects, delay in operation or transmission, computer virus or other harmful

component, loss of data, communication line failure, unlawful third party conduct, or

theft, destruction, alteration or unauthorised access to records;

the accuracy, suitability or currency of any information on the Website, the

Purchase Service, or any of its Content related products (including third party

material and advertisements on the Website);

costs incurred as a result of you using the Website, the Purchase Services or any of

the Products;

the Content or operation in respect to links which are provided for the User's

convenience;

any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Website; or

any defamatory, threatening, offensive or unlawful conduct of third parties or

publication of any materials relating to or constituting such conduct.

Limitation of Liability

John Flood's total liability arising out of or in connection with the Purchase Services or

these Terms, however arising, including under contract, tort (including negligence), in

equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by

you under these Terms or where you have not paid the Purchase Price, then the total

liability of John Flood is the resupply of information or Purchase Services to you.

You expressly understand and agree that John Flood, its affiliates, employees, agents,

contributors, third party content providers and licensors shall not be liable to you for any

direct, indirect, incidental, special consequential or exemplary damages which may be

incurred by you, however caused and under any theory of liability. This shall include, but is

not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill

or business reputation and any other intangible loss.

John Flood is not responsible or liable in any manner for any site content (including the

Content and Third Party Content) posted on the Website or in connection with the

Purchase Services, whether posted or caused by users of the website of John Flood, by

third parties or by any of the Purchase Services offered by John Flood.

You acknowledge that John Flood does not provide the Delivery Services to you and you

agree that John Flood will not be liable to you for any special, indirect or consequential loss

or damage, loss of profit or opportunity, or damage to goodwill arising out of or in

connection with the Delivery Services.

Termination of Contract

The Terms will continue to apply until terminated by either you or by John Flood as set out

If you want to terminate the Terms, you may do so by:

notifying John Flood at any time; and

closing your accounts for all of the Purchase Services which you use, where John

Flood has made this option available to you.

Your notice should be sent, in writing, to John Flood via the 'Contact Us' link on our

homepage.

John Flood may at any time, terminate the Terms with you if:

(i)

you have breached any provision of the Terms or intend to breach any provision;

(ii)

John Flood is required to do so by law;

(iii)

the partner with whom John Flood offered the Purchase Services to you has

terminated its relationship with John Flood or ceased to offer the Purchase Services

to you;

(iv)

John Flood is transitioning to no longer providing the Purchase Services to Users in

the country in which you are resident or from which you use the service; or

(v)

the provision of the Purchase Services to you by John Flood is, in the opinion of

John Flood, no longer commercially viable.

Subject to local applicable laws, John Flood reserves the right to discontinue or cancel your

membership to the Website at any time and may suspend or deny, in its sole discretion,

your access to all or any portion of the Website or the Purchase Services without notice if

you breach any provision of the Terms or any applicable law or if your conduct impacts

John Flood's name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you

and John Flood have benefited from, been subject to (or which have accrued over time

whilst the Terms have been in force) or which are expressed to continue indefinitely, shall

be unaffected by this cessation, and the provisions of this clause shall continue to apply to

such rights, obligations and liabilities indefinitely.

Indemnity

(a)

(i)

You agree to indemnify John Flood, its affiliates, employees, agents, contributors, third

party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage

(including legal fees on a full indemnity basis) incurred, suffered or arising out of or

in connection with any Content you post through the Website;

(ii)

any direct or indirect consequences of you accessing, using or transacting on the

Website or attempts to do so and any breach by you or your agents of these Terms;

and/or

any breach of the Terms.

Dispute Resolution

Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses have

been complied with (except where urgent interlocutory relief is sought).

Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give

written notice to the other party detailing the nature of the dispute, the desired outcome

and the action required to settle the Dispute.

Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)

must:

Within 28 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has

not been resolved, the Parties must either agree upon selection of a mediator or

request that an appropriate mediator be appointed by the President of the Floods or

his or her nominee;

(iii)

The Parties are equally liable for the fees and reasonable expenses of a mediator

and the cost of the venue of the mediation and without limiting the foregoing

undertake to pay any amounts requested by the mediator as a pre-condition to the

mediation commencing. The Parties must each pay their own costs associated with

the mediation;

(iv)

The mediation will be held in Melbourne, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as "without prejudice" negotiations for the purpose of applicable laws of

evidence.

Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either Party may ask the mediator to terminate the mediation and the

mediator must do so.

Venue and Jurisdiction

The Purchase Services offered by John Flood are intended to be used by residents of Australia.

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive

venue for resolving any dispute shall be in the courts of Victoria, Australia.

Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding

or claim of whatever nature arising out of or in any way relating to the Terms and the rights

created hereby shall be governed, interpreted and construed by, under and pursuant to the laws

of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory

rules. The validity of this governing law clause is not contested. The Terms shall be binding to the

benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.