1. About this Website
This website, www.airfocus.com.au (“Website”) is owned and operated by Air Focus Pty Ltd (A.C.N. 623 138 018), its successors and assignees (“Air Focus”, “we”, “us” and “our”).
2. About these Terms
These Terms and Conditions (“Terms”) apply to every person who uses and accesses this Website and our products and services.
If you do not agree to these Terms, then you must cease using this Website immediately.
3. Access/Use Implies Agreement
Please read these Terms carefully. By accessing and using this Website, you are signifying that you agree to be bound by these Terms.
4. Modifications to Terms
We reserve the right, at any time and at our discretion, to revise and update these Terms by publishing the varied terms on this Website. Your continued usage of this Website following any changes to these Terms means that you accept those changes.
We recommend you check this Website regularly to ensure you are aware of our current terms.
If you do not agree to any change to these Terms, then you must cease using this Website immediately.
5. Restricted Use
You agree not to:
(a) use this Website for unauthorised or unlawful purposes (unauthorised use of this Website may constitute a criminal offence and/or give rise to a claim for damages);
(b) do or attempt to do anything that is unlawful, prohibited by any laws applicable to this Website, anything which we would consider inappropriate or which might bring us or this Website into disrepute;
(c) interfere with anyone using this Website;
(d) re-sell or attempt to benefit in a commercial fashion from any of the content available on this Website;
(e) post anything on this Website that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes upon our Intellectual Property;
(f) conduct surveys, chain letters, Ponzi or other pyramid schemes on this Website;
(g) introduce any form of malicious software into the Website;
(h) collect information about others on this Website without their consent; or
(i) facilitating or assisting a third party to do any of the above acts.
6. Restricting Access
Should we deem that you are acting contrary to the spirit of this Website or in a manner which could damage our business and repute, we reserve the right to exclude you from this Website at any time without notice to you.
Competitors, including companies offering air-conditioning products and services of any kind, are not permitted to access or use any information accessible on this Website and are not permitted to use this Website.
8. Warranties and Disclaimers
(a) Legislation including the Australian Consumer Law (“ACL”) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of our products and services which cannot be excluded, restricted or modified.
(b) Our liability is governed solely by the ACL and these Terms. To the maximum extent permitted by law, we make no representations or warranties about this Website, including that:
i. It is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
ii. access will be uninterrupted, error-free or free from viruses; or
iii. this Website will be secure.
(c) You read, use and act on this Website at your own risk.
9. Limitation of Liability and Indemnity
(a) To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (“Liability”) suffered by you or any third party, arising from or in connection with your use of this Website and/or any inaccessibility of, interruption to or outage of this Website and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out-of-date.
(b) In the event that we are found responsible for any damages, we are responsible for actual damages only. In no event shall we be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use this Site.
(c) It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
(d) The obligations under this clause survive termination of these Terms.
10. Intellectual Property
(a) Unless we indicate otherwise, we own or licence all rights, title and interest (including intellectual property rights) in our Website. Your use of our Website does not grant or transfer to you any rights, title or interest in relation to our Website.
(b) You must not breach any intellectual property rights connected with our Website.
(c) The obligations under this clause survive termination of these Terms.
You may request permission to use the copyright materials on this Website by writing to email@example.com.
(a) You must keep confidential and secure your passwords and other confidential information relating to your access to the Website.
(b) You must notify us immediately of any known or suspected unauthorised use of the Website, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password or other sensitive information.
We love feedback. If you review us, or provide us with a testimonial, you permit us to post or otherwise transmit the review or testimonial on our social media or other channels. You can email us and ask us not to do this, at any time.
14. Third Party Websites
This Website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations to ensure those websites are suitable for you.
15. Discontinuing this Website
We have a right to discontinue this Website. This can be at any time, and may be without notice. We may also exclude any person from using this Website, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
16. Governing Law
Use of this Website and these Terms are subject to and construed in accordance with the laws of the State of New South Wales, the state in which Air Focus has its registered office and principal place of business, and the parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.
This Website may be accessed throughout Australia and overseas. We make no representation that this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.
17. Contact us
Please forward all correspondence in respect of these Terms to:
Air Focus Pty Ltd
80 Boronia Drive
Voyager Point NSW 2172
T: (02) 9792 5964
Last Updated: 9 April 2020