The aussiefrostfans.com.au website ("Site") is owned by Frost Protection Australia Pty Ltd (T/A “Australian Frost Fans").
2. Acceptance of Site Terms
- Your access to and use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as the "Site Terms").
- Your use of and/or continued access to the Site constitutes your agreement to the Site Terms. If you violate any Site Terms your right to use and access the Site automatically terminates.
- Australian Frost Fans may, at its sole and absolute discretion amend the Site Terms at any time and with immediate effect by posting the amended Site Terms on the Site. By continuing to use this Site and/or any services after any such amendment, you are deemed to have agreed to the amended Site Terms.
The site Terms may not be amended otherwise. You should visit this page periodically to review the Site Terms.
Any reference to "we", "our" or "us" in these Site Terms shall mean Australian Frost Fans . The term "you" refers to the user or viewer of the Site. If you do not agree to be bound by these Site Terms, then you should stop accessing, using or browsing this Site.
3. Restrictions on Use
- Unless expressly provided for on the Site or expressly authorised in writing by Australian Frost Fans , you may not copy, store (either in hardcopy of in an electronic retrieval system), adapt, alter, translate, disseminate, perform, broadcast, publicly display, hyperlink, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the Materials contained on this Site,
- Australian Frost Fans may change or discontinue any feature of the Site, including the content, hours of availability and equipment required for access, at any time without notice.
- You must not transmit or attempt to transmit to this Site any data, code or other material of any kind, which contains a virus or other harmful component.
- You may not attempt to gain unauthorised access to our Site, or any services provided via our Site, other accounts, computer systems or networks connected to any Australian Frost Fans service or to any of the services provided via our Site, through hacking, password mining or any other means.
- You may not obtain, or attempt to obtain, any Material or other information through any means not intentionally made available on or through our Site.
- The content of this Site, including all information such as text, graphics, images and other material ("Materials"), is protected by Australian and international copyright law. Any unauthorised use of the Materials may violate these copyright laws.
- You may:
(i) access and view the Site and may save an electronic copy or print out a copy of the Materials solely for your own personal, educational and non-commercial use. If you make a copy of the Materials, you must ensure that such copy must be in the form presented on our Site and includes all applicable copyright and other notices on our Site.
(ii) download a single copy of the Material and where necessary for reference purposes, keep a temporary copy in your computer's cache and make a single hard copy of the Material; and
(ii) make such other use of the Material as is otherwise expressly authorised on the Site.
- Except with our prior written consent, you may not create a derivative work from the Materials, nor decompile, reverse-engineer or disassemble the Materials.
- Requests and enquires concerning the reproduction of Material on this Site for any purpose other than personal, educational or non-commercial use should be sent by email to firstname.lastname@example.org.
- The permission to reproduce protected Materials does not extend to any material on this website that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
- Australian Frost Fans is the exclusive owner of all rights in the compilation, design and layout of this Site.
6. Trade Marks
- All registered and unregistered trademarks, names and logos used on the Site are used with the permission of Australian Frost Fans or the relevant third party owners.
- Nothing contained in or displayed on the Site should be interpreted or construed as granting any licence or rights to use or distribute any names, logos or trade marks, without the express written agreement of Australian Frost Fans or the relevant contributor.
7. Limitation of Liability
- Australian Frost Fans has provided the Material on the basis that it is given in good faith, but does not represent or warrant that the Material is reliable, accurate, complete or timely. You acknowledge that the Site and Material is provided on an "as is" and "as available" basis without any warranties or conditions of any kind (other than warranties or conditions which may not lawfully be excluded), and that you use the Site and the Material at your own risk.
- Some consumer protection legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms ("Prescribed Terms"). Nothing in the Site Terms operates so as to exclude, restrict or modify the application of the Prescribed Terms, the exercise of a right conferred by any of the Prescribed Terms or the liability of Australian Frost Fans for breach of a Prescribed Term (except to the extent that liability may be restricted in accordance with paragraph (g) below). Except as provided by the Prescribed Terms and the Site Terms, and to the fullest extent permitted by law, New Zealand Frost Fans excludes and disclaims all terms, conditions and warranties express or implied in any way relating to access to, or non-access to, the Site or the use of or reliance upon the Site or the Materials.
- In addition, Australian Frost Fans does not warrant:
(i) that the Site will operate uninterrupted or error free;
(ii) that the Site and its servers are free of computer viruses and other harmful data, code, components or other material; or
(iii) that Australian Frost Fans will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Site, or will give notice of such use, modification or alteration.
- You warrant to Australian Frost Fans that you have not relied on any warranties, conditions or representations, which have been lawfully excluded in accordance with this clause 7.
- If your use of the Site or the Material results in the need for servicing or replacing equipment or data, NAustralian Frost Fans is not responsible for those costs.
- Warranties and exclusions applying to products or services purchased from Australian Frost Fans through this Site are set out in the Terms of Sale for those products or services ("Terms of Sale").
- To the fullest extent permitted by law, the liability, if any, of Australian Frost Fans arising from a breach of the Site Terms is limited to, at the option of Australian Frost Fans:
(i) in the case of products, the repair or replacement of the products; and
(ii) in the case of services, the supply of the services again or the payment of the reasonable costs of having the services supplied again.
- Other than liability which cannot be lawfully excluded, Australian Frost Fans and its respective suppliers, officers, affiliates, directors, shareholders, agents and employees and any third parties mentioned on the Site will not be liable to you or any third party (and whether for breach of contract, tort, for breach of statute or on any other basis) for any loss or damage whatsoever (including any direct, indirect, incidental, special, punitive or consequential loss, loss of anticipated or actual profits, earnings or revenue, loss of business opportunities, loss of data, goodwill or contracts, failure to realise anticipated savings, damages, expenses or costs) resulting from or in connection with, directly or indirectly,:
(i) your use of or access to, or your inability to use or access, the Site and the Material, including but not limited to damages resulting from or arising from your reliance on the Site or mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliverables, mis-deliveries or transmissions in or relating to the Site, or any other failure of performance of the Site;
(iii) the failure, or alleged failure, of any product purchased or transferred through the Site to conform to any specifications or terms, whether published on the Site or not;
(iv) the breach, or alleged breach, of any warranty, express or implied, relating to any such product purchased or transferred through the Site or shipment of such product; or
(v) government restriction, strikes, war, any natural disaster or event of force majeure or any other condition beyond the control of Australian Frost Fans.
(vi) You agree to indemnify, hold harmless and defend Australian Frost Fans and its suppliers, officers, affiliates, directors, shareholders, agents and employees against all third party claims, liabilities and damages incurred or allegedly incurred by Australian Frost Fans, arising directly or indirectly as a result of or in connection with your use of the Site.
8. No Recommendation or Advice
- The availability of Materials, products or services on this Site does not constitute a recommendation or endorsement by Australian Frost Fans. If you obtain Materials, products or services by accessing this Site, you do so entirely in reliance on your own judgement and enquiries and not in relation to any statements, warranties or representations made to you or to any other person, by or on behalf of Australian Frost Fans.
- Your use of Material on this Site is entirely at your own risk, for which Australian Frost Fans will not be liable. It shall be your own responsibility to ensure that any Materials, products or services available through this Site meet your requirements.
- Certain taxes and government charges may be payable in relation to the use of Australian Frost Fans’ services. Australian Frost Fans has no responsibility for such taxes and other government charges on transactions on or in any way connected with the Site.
- The Terms of Sale of Australian Frost Fans’ products will apply in determining whether any charges by New Zealand Frost Fans for goods or services supplied through the Site are inclusive of any goods and services tax imposed under Australian law.
10. Internet Service Providers
If you are an internet service and/or access provider, and you supply the Material to your subscribers, you must not use the Site in any manner or for any purpose which is unlawful, or in any manner which violates any right of Australian Frost Fans or which is prohibited by the Site Terms.
11. Hyperlinks and Third Party Material on this Site
- The Site contains:
(i) hyperlinks and other pointers to internet websites controlled and operated by third parties ("Linked Sites"); and
(ii) material provided by third parties, which may include breaking news, stocks, horoscopes and weather reports ("Third Party Material").
- Australian Frost Fans is not responsible for the contents of, or any hyperlink contained in, a Linked Site or the Third Party Material, and is under no obligation to monitor or filter such material.
- You should not rely on the Third Party Material or the information at a Linked Site without making your own independent assessment of the information, and verifying its accuracy. Other than liability which cannot be excluded by law, Australian Frost Fans is not liable for loss of any kind (whether direct or consequential) arising from the information at this Site (including Third Party Material), or a Linked Site, being inaccurate, incomplete or misleading, and is not responsible for any interpretation, opinion or conclusion you form from the information.
- You acknowledge that the inclusion of Third Party Material and any links from the Site does not imply any endorsement or recommendation of the Third Party Material or the Linked Site by Australian Frost Fans. If you link to, or purchase any products or services from, any such Linked Site, you do so entirely at your own risk and Australian Frost Fans is not a party to any such transaction.
- Australian Frost Fans exercises no control over the quality, safety or legality of the items advertised or sold and statements made through any Linked Sites. The material on any Linked Site, including product information and prices, is the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website.
- Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Site Terms. To the extent that there is any inconsistency between them, these Site Terms prevail.
- If you have a dispute with one or more Linked Sites or Site users, to the fullest extent permitted by law, you release Australian Frost Fans, and its respective affiliates, subcontractors, agents and employees from liability for any claims, demands and damages, of every nature (including without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- The Site Terms are effective until terminated by Australian Frost Fans. Australian Frost Fans terminate the Site Terms and your access to the Site at any time without notice. If this happens, you are no longer authorised to access the Site.
- All restrictions imposed on you, disclaimers and limitations of liability set out in the Site Terms will survive termination.
- We reserve the right, in our absolute discretion, to monitor any and all access and use of the Site. In addition, we reserve our right to terminate your access and/or use of the Site or any part thereof and we may block access from a particular internet protocol address to our Site or any part thereof in the event of any violation of these Site Terms. We also reserve the right to seek all remedies available under these Site Terms, at law and in equity for violation of these Site Terms.
13. Governing Law
The Site Terms are governed by and construed in accordance with the laws of Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Australia.
14. Use of Site from outside Australia
The information on this Site and these Site Terms have been prepared in accordance with Australian law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than Australia ("User Country"), you acknowledge that:
- if the information and these Site Terms satisfy the laws of the User Country, then you are entitled to use and access the Site;
- if the information and these Site Terms do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site. If you do so, you agree to indemnify Australian Frost Fans for any loss or damage which may incur as a result.
15. Prohibited Conduct
- You must not, without our prior written permission and the permission of any other owner of rights in content on the website, copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose. You must not copy or reproduce in any way the content or any aspect of this website (including the layout, colours, designs, trademarks, logos, photographs, diagrams or any other copyright work or any other intellectual property used on the Web Site) without our prior written consent.
- You must not up-load, post, transmit or otherwise make available through the website any material which:
(i) violates or infringes the rights of others (including their privacy and publicity rights);
(ii) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
(iii) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
(iv) restricts or inhibits any other user from using or enjoying the website;
(v) affects the functionality or operation of the website or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
(vi) breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require Australian Frost Fans to take remedial action under any applicable industry code.
16. Product Information and Availability
- Australian Frost Fans reserves the right to alter product specifications without notice.
- Publishing information about a product on the website does not mean that the product is necessarily available for sale or in stock.
If you have any questions or concerns in relation to the Site, related products, services or terms and conditions, please contact us via email email@example.com.