Platform Access Conditions

1.1                The Flux3D Platform provides information about our business and services and includes a Trade Portal for relevant Customers who have an account with us.

1.2                These Platform Access Conditions govern your use of and access to the Flux3D Platform.

1.3                By using the Flux3D Platform, you agree to these Platform Access Conditions. You represent and warrant to us that you have the legal capacity and authority to enter into and comply with these Platform Access Conditions, including on behalf of any entity you may represent.

1.4                If you do not agree to the Platform Access Conditions, you may not use the Flux3D Platform.

1.5                We may change, vary or modify all or part of these Platform Access Conditions at any time at our sole discretion.

1.6                 If we adopt new Platform Access Conditions:

(a)      we will post the new Platform Access Conditions on the Flux3D Platform; and

(b)     they will thereupon apply to your use of and access to the Flux3D Platform through your acceptance of them by subsequent or continued use of the Flux3D Platform.

1.7                 It is your responsibility to check these Platform Access Conditions periodically for changes.

1.8                If you object to any variation to these Platform Access Conditions, your only remedy is to immediately discontinue your use of the Flux3D Platform.

1.9                As long as you comply with these Platform Access Conditions, we grant you a personal, non-exclusive, non-transferable, limited right to enter and use the Flux3D Platform.

1.10              These Platform Access Conditions were last updated on 26 March 2026.

2.1                 The Privacy Notice applies to your use of the Flux3D Platform.

2.2                The Privacy Notice may be changed from time to time and is effective immediately upon such a change.

2.3                 The Privacy Notice can be found at http://www.flux.net.au/privacy-policy

2.4                You acknowledge and agree that transmissions on the internet are never completely private or secure and you understand that any message or information you send to or download from the Flux3D Platform (where permitted) may be read or intercepted by others.

3.1                While we use reasonable endeavours to ensure that the Flux3D Platform is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Flux3D Platform will provide specific results or benefits. 

3.2                The Flux3D Platform and its Content is delivered on an as-is and as-available basis.

3.3                Your access to the Flux3D Platform may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control.

3.4                Except as expressly provided otherwise in the Platform Access Conditions, we reserve the right to change or discontinue any website, page, functionality, feature or service (or part thereof) on the Flux3D Platform at any time.

3.5                We cannot ensure that any files or other data you download from the Flux3D Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features.

4.1                The Flux3D Platform contains Content that is protected by our Intellectual Property Rights or those of a relevant third party.

4.2                Except as expressly provided otherwise in these Platform Access Conditions you do not have any right, title or interest in or right of use of any Content on the Flux3D Platform.

4.3                Except as expressly provided in these Platform Access Conditions, no part of the Flux3D Platform or Content (other than a temporary copy held in your computer's cache) may be copied, stored, altered, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or for any commercial enterprise or use, without our express prior written consent.

4.4                You may use information on the Flux3D Platform purposely made available by us for downloading from the Flux3D Platform, provided that you:

(a)      do not remove any proprietary notice language in copies of such documents;

(b)     (except where expressly permitted) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer of broadcast it in any media; and

(c)      make no modifications to any such information.

5.1                To access or use certain parts of the Flux3D Platform, you may be required to register as a User.

5.2                You acknowledge the need for data validation. The Flux3D Platform may require email verification to confirm eligibility to access or use the relevant Content or functionality. Email verification is utilised solely for the purpose of confirming the eligibility of a person to access or use relevant Content.

5.3                We store data in the cloud which is used to authenticate permitted Users of the Trade Portal in the Flux3D Platform. This data is limited to:

(a)      for Customers (if an individual): first and last name, email address(es), encrypted password, payment information and postal address;

(b)     for Customers (if a body corporate): corporate name, registered office details, names of officers and authorised persons, encrypted password, payment information and postal address;

(c)      for all other Users: first name and last name, encrypted password, payment information and postal address.

5.4                When registering as a User of the Flux3D Platform, you must:

(a)      provide us with accurate, complete and up-to-date registration information, as requested;

(b)     verify your email address, as required; and

(c)      inform us of any changes to your registration information.

5.5                 When registering as a User of the Flux3D Platform, you must not:

(a)      create a User registration for any person other than yourself; or

(b)     misrepresent your identity or otherwise impersonate another User or person.

5.6                 As a registered User of the Flux3D Platform, you must:

(a)      ensure the security and confidentiality of your User registration details, including any username and/or password assigned to you;

(b)     notify us immediately if you become aware of any unauthorised use of your User details; and

(c)      not permit your User details to be used by or transferred to any other person.

5.7                You are entirely responsible for all and any activities which occur under your User details as a result of your failing to keep your information secure and confidential.

5.8                We reserve the right, in our sole discretion, to suspend or terminate your use or access to all or any part of the Flux3D Platform, including (without limitation) if you have breached the Platform Access Conditions or a Customer Agreement or are no longer an active user of the Flux3D Platform.

6.1                 You must not:

(a)      use the Flux3D Platform in breach of any applicable laws or regulations;

(b)     use the Flux3D Platform (or Content obtained from the Flux3D Platform):

                                               (i)          to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";

                                              (ii)          to impersonate any person or entity;

                                             (iii)          to solicit money, passwords or personal information from any person;

                                             (iv)          to harm, abuse, harass, stalk, threaten or otherwise offend others; or

                                              (v)          for any unlawful purpose;

(c)      use the Flux3D Platform to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

                                               (i)          is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;

                                              (ii)          contains any Personal Information (including Sensitive Information, as those terms are defined in the Privacy Act 1988 (Cth)) about you or any other individual;

                                             (iii)          contains, promotes, or provides information about unlawful activities or conduct;

                                             (iv)          is intended to manipulate, mislead, or otherwise interfere with the proper operation of the Flux3D Platform and Flux3D Service, including through adversarial inputs, or similar inputs designed to cause the Flux3D Platform to act contrary to its intended purpose.

                                              (v)          is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

                                             (vi)          exploits another person in any manner;

                                           (vii)          contains nudity, excessive violence, or sexual acts or references;

                                          (viii)          includes an image or personal information of another person or persons unless you have their consent;

                                             (ix)          poses or creates a privacy or security risk to any person;

                                              (x)          you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

                                             (xi)          contains large amounts of untargeted, unwanted or repetitive content;

                                           (xii)          contains restricted or password only access pages, or hidden content;

                                          (xiii)          contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

                                          (xiv)          advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or

                                           (xv)          contains financial, legal, medical or other professional advice unless you have a lawful basis for collecting, using, disclosing and storing that information;

                                          (xvi)          interferes with, disrupt, or creates an undue burden on the Flux3D Platform or any systems, or networks connected to the Flux3D Platform;

(d)     use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Flux3D Platform;

(e)      use the Flux3D Platform with the assistance of any automated scripting tool or software;

(f)       frame or mirror any part of the Flux3D Platform without our prior written authorisation;

(g)      use code or other devices containing any reference to the Flux3D Platform to direct other persons to any other web page;

(h)     attempt to gain unauthorised access to any portion or feature of the Flux3D Platform, or any other systems or networks connected to the Flux3D Platform or to any of our servers, or to any part of the Flux3D Service offered on or through the Flux3D Platform, by hacking, password mining or any other illegitimate means;

(i)       probe, scan or test the vulnerability of the Flux3D Platform or any network connected to the Flux3D Platform, nor breach the security or authentication measures on the Flux3D Platform or any network connected to the Flux3D Platform;

(j)       reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Flux3D Platform to its source, or exploit the Flux3D Platform or any service or information made available of offered through the Flux3D Platform, in any way where the purpose is to reveal any information, as provided for by the Flux3D Platform;

(k)      use any device, software or routine to interfere or attempt to interfere with the proper working of the Flux3D Platform or any transaction being conducted on the Flux3D Platform or with any other person’s use of the Flux3D Platform;

(l)       except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Flux3D Platform or cause any other person to do so; or

(m)    delete any attributions or legal or proprietary notices on the Flux3D Platform.

7.1                You agree to use the permitted functionality of the Flux3D Platform) at your sole risk.

7.2                You will not use the Flux3D Platform, or any part of it, in any manner that is inconsistent with the terms of use of the Flux3D Service or in a way that infringes the Intellectual Property Rights of any person or in a manner which is unlawful.

7.3                We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on use of the Flux3D Platform (or any part of it) at any time without notice or liability to you.

8.1                By uploading, transmitting, posting or otherwise making available any Material via the Flux3D Platform (where permitted), you:

(a)      grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form solely to the extent required for the operation of the Flux3D;

(b)     except where expressly stated otherwise, also grant each User of the Flux3D Platform a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material solely to the extent required for the operation of the Flux3D Platform;

(c)      warrant to us that you have the right to grant the above mentioned licences;

(d)     warrant to us that the Material does not breach these Platform Access Conditions; and

(e)      unconditionally waive and consent to the infringement of all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

8.2                For the avoidance of doubt, nothing in clause 8.1 transfers ownership of your Material to us.

8.3                We reserve the right (but have no obligation) to:

(a)      review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Platform Access Conditions, is inappropriate, offensive, not fit for purpose, or otherwise inconsistent with the intended use of the Flux3D Platform or otherwise has the potential to harm, endanger or violate the rights of any person; and

(b)     monitor use of the Flux3D Platform, and store or disclose any information that we collect, including in order to investigate compliance with the Platform Access Conditions or for the purposes of any police investigation or governmental request.

8.4                We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Flux3D Platform by any person other than us.

8.5                We do not collect, record or extract any information (including personal information) from your documents or any third party documents uploaded for storage. You accept all responsibility in relation to such documents being stored by us. Any personal information contained in such documents, if any, will be managed in accordance with our Privacy Notice.

8.6                For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Flux3D Platform simply by facilitating others to post, transmit or make Material available, nor do we endorse any opinion, advice or statement made by any person other than us.

9.1                The Flux3D Platform may contain Third Party Content. We are not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency, suitability, accuracy or completeness of any Third Party Content.

9.2                The Flux3D Platform may also contain Third Party Links. Third Party Links are provided for convenience or for a third party service of relevance to you and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links or third party services and have no control over or rights in linked websites or platforms.

9.3                You acknowledge and agree that relevant Third Party Terms shall apply as may be relevant to you.

9.4                You agree to any Third Party Terms applicable to any third party goods and services, and that we are not liable for any loss or damage suffered by you in connection with such Third Party Terms, Third Party Links or third parties.

10.1             The Flux3D Platform is made available to you strictly on an as is, as available basis. We cannot guarantee, and make no warranties, to the extent permitted by law, that:

(a)      the Flux3D Platform will be free from errors or defects;

(b)     the Flux3D Platform will be accessible or available at all times;

(c)      messages sent through the Flux3D Platform will be delivered promptly, or delivered at all;

(d)     information you receive or supply through the Flux3D Platform will be secure or confidential; or

(e)      any information provided through the Flux3D Platform is accurate or true.

11.1             Content or information on the Flux3D Platform or which is acquired from other sources may not be accurate, current or complete and we make no commitment to update content or information.

12.1             You are responsible for the cancellation of your account. You can cancel your account at any time by contacting us using the functionality provided.

12.2             To the extent permitted by law, we reserve the right to terminate your access to any or all of the Flux3D Platform or any part of the Flux3D Platform at any time without notice, for any reason, provided (subject to clause 12.3).

12.3             We may also terminate your access to any or all of the Flux3D Platform at any time without notice without issuing a refund if you breach any provision of a Customer Agreement.

12.4             We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your account.

13.1             Subject to any applicable laws which cannot be excluded or modified and the terms of a Customer Agreement with a relevant Customer (which are not affected by this clause 13), our aggregate liability for breach of or liabilities under, in respect of and in connection with these Platform Access Conditions and use of the Flux3D Platform, as well as our duties at law and in equity (however arising) and whether in contract, tort (including without limitation negligence), under statute, under indemnities or on any other basis is limited (except for fraud, or death or personal injury caused by our negligence) to A$50.00.

13.2             Without limitation, we do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile devices or other electronic devices arising in connection with use of the Flux3D Platform. You should take your own precautions to ensure that your use of the Flux3D Platform does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

14.1             If you think that the Flux3D Platform has been accessed or used by another user in breach of the Platform Access Conditions, please email us at info@flux.net.au.

14.2             If you wish to send us a copyright infringement notification, you will need to identify the Content or Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information.

14.3             You will need to sign the notice and send it to info@flux.net.au

15.1             Indemnity: You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your use of, access to, or conduct in connection with the Flux3D Platform, including any breach of these Platform Access Conditions.

15.2             Lawful purpose:  You shall ensure that the Flux3D Platform is used only for lawful purposes and in accordance with any applicable laws.

15.3             Binding:  These Platform Access Conditions shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or being a company, its successors, administrators and permitted assigns.

15.4             Assignment:  We may assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Platform Access Conditions.  You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Platform Access Conditions without our prior written consent.

15.5             Severability:  Each clause in these Platform Access Conditions is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.

15.6             Waiver:  No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.

16.1             If you have any questions, feedback or wish to raise a complaint, please contact us at the following email address: info@flux.net.au

16.2             In the event that you have an issue with the Flux3D Platform (as may be relevant to your use of the Flux3D Platform) and you are unsatisfied with our initial response after raising your concerns with us directly as specified in clause 16.1, you agree to make a good-faith effort to resolve any dispute between us for at least 30 days and seek to reach a resolution. Those informal good faith efforts will start on the day that we receive a written notice from you that includes your name, how to contact you, what the problem is and what action you wish us to take in order to resolve the issue.

17.1             These Platform Access Conditions are governed by the laws of New South Wales, Australia which shall have exclusive jurisdiction with respect to any disputes concerning the subject-matter of this document.

18.1             Personal pronouns:  Except where the context otherwise provides or requires:

(a)      the terms we, us or our refers to Flux3D Pty Ltd of Unit 13, 6 Anella Avenue, Castle Hill, New South Wales 2154, Australia (ACN 651 433 546) a proprietary company limited by shares; and

(b)     the terms you or your refers to a user of the Flux3D Platform.

18.2             Defined terms: In these Platform Access Conditions, unless otherwise provided, the following terms shall have their meaning as specified:

Content means all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio, video, trademarks, logos, sounds, music, artwork and computer code including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Flux3D Platform which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights. For the avoidance of doubt, Content does not include any User generated data.

Customer means the person so named or contemplated as the customer, whether pursuant to a Customer Agreement, via use of Shopify or by some other means of contracting with us.

Customer Agreement means an agreement for the purchase by you of relevant goods and/or services which is entered into between us and the Customer.

Flux3D means the relevant Flux3D solutions, technologies and services to which that brand and trade mark is applied by us or the relevant rights holder, from time to time.

Flux3D Platform means the platform and its relevant functionality and attributes which is located at www.flux.net.au.

Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.

Material means any material in which you have Intellectual Property Rights provided by you for use on the Flux3D Platform including, but not limited to, text, illustrations, photographs, audio, video, any combination of these or other material.

Platform Access Conditions means these terms and conditions of access to the Flux3D Platform and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Flux3D Platform, as amended from time to time.

Privacy Notice means our privacy notice or policy as amended from time to time.

Third Party Content means text, images, data and other content or services provided by a third party.

Third Party Links means links to websites or platforms operated by third parties.

Third Party Terms means third party terms and conditions of use, privacy policies and other documents that relate to third parties.

User means a permitted user of the Flux3D Platform.