PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.airconoff.com.au and “You” and “Your” refers to you, the client, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website and purchase any goods or services, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and www.airconoff.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY FOR USE OF WEBSITE
It is an essential pre-condition to you using our website that you agree and accept that www.airconoff.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.airconoff.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
ORDERING, DELIVERY, TITLE AND RISK
The customer is responsible for ensuring all quotations and orders are accurate. www.airconoff.com.au takes no responsibility for errors in respect of the goods, quantity or price set out in any quotation or order.
Notwithstanding delivery or freight arrangements, risk (including deterioration, loss or damage) passes to the customer when shipped from www.airconoff.com.au or its manufacturer premises. The customer is responsible for all insurance of the goods from the point risk passes. Title only passes to the customer when www.airconoff.com.au has been paid in full for all goods supplied by it to the customer. Until the customer pays all monies owed to www.airconoff.com.au in full, www.airconoff.com.au retains a purchase money security interest in the goods and the proceeds of sale of the goods under the Personal Property Securities Act 2009.
REFUNDS AND WARRANTY
We do stand by our products and will only refund in accordance with the terms and conditions of our Warranty. We provide a full warranty in accordance with the Australian Consumer Protection legislation and offer a limited warranty for products sold outside Australia.
Retail: 7 Day Refund Policy. We will provide a full refund for Goods which are returned to us undamaged, not tampered with and have not been used or installed. (The Smart Remote may be unpacked and then tried for compatibility, but must be replaced in its packaging and returned in perfect condition to qualify for a refund). You must send the Goods back at your own cost ensuring the products arrive at our premises within 7 days of delivery to receive the refund. Our 7 day refund policy applies to online shop retail sales and does not apply to trade/commercial quantity sales.
Trade/Commercial: For trade/commercial quantity sales, we will repair, replace or refund only within the terms of our Warranty. All Goods must be sent back to our premises at your cost and any replacement installation requirements are both organized and paid for by the customer.
Please refer to our Warranty for full terms and conditions here
We may recommend a list of suitably qualified, licensed persons to install our products. They are not affiliates, employees, part of or otherwise associated with www.airconoff.com.au. We do not accept any liability and are not responsible for their services. Should you have any installation issues with any of the installers, their work, services or have other associated issues, we recommend that you contact the installer directly, prior to contacting us.
If you are still unable to resolve your issue, we ask that you have your installer contact us directly wherever possible so that we can better understand any problems you may be experiencing.
Please be aware that you may be charged an additional fee for all callouts and attendance by any installer if it is not a fault or issue resulting from incorrect installation or faulty Goods.
“You can choose from the following installation options:
1. Supply and Install: We provide one of our recommended installation contractors as part of your purchase package and price. All installers are contractors only. They are familiar with and have experience in installation of our products. Aircon off Pty is not responsible for any issues that may result from the installation and it is important that customers fully check all work before they sign the Aircon Off Commissioning Report. Special attention should be made to ensure settings and functionality are correct as calling an installer back to make adjustments may result in a call out fee and other charges.
Choose from Recommended Installers: You can choose from one of our recommended qualified installation contractors who are familiar with our products. Any installation invoice is paid by you to the installer directly.
Own Installer: You can have your product installed by your own qualified installation specialist. Please note that our Warranty requires you to ensure any installation is done by a fully licensed and qualified technician. In addition, you are required to ensure that they agree to troubleshoot any issues you may have with our products prior to contacting us. You must also ensure you receive a signed installation confirmation (Certificate of Compliance) which states the correct settings, environment issues and any special installation requirements.”
LIMITATION OF LIABILITY
www.airconoff.com.au does not accept responsibility or any liability for any direct, indirect, or consequential loss or damage suffered as a result of installation, misuse or maintenance issues. We recommend you use a professional licensed contractor for installation. We are not responsible for problems arising from improper installation, use or care of the product. At no time is www.airconoff.com.au liable for any indirect or consequential loss.
Additionally we do not accept responsibility for any goods which have been on sold to a third party or are not a direct sale with www.airconoff.com.au. Our warranty only covers products sold directly by us to you and does not cover products that have been purchased by a third party. Please refer to our warranty for specific terms and conditions.
LINKS TO OTHER WEBSITES
www.airconoff.com.au may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.airconoff.com.au and the owners of those websites. www.airconoff.com.au takes no responsibility for any of the content found on the linked websites.
www.airconoff.com.au’s website may contain information provided by third parties for which www.airconoff.com.au accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, www.airconoff.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.airconoff.com.au gives no warranty that the information on the website will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of www.airconoff.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. www.airconoff.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data www.airconoff.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
www.airconoff.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
www.airconoff.com.au may be required, in certain circumstances, to disclose information in good faith and where www.airconoff.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of www.airconoff.com.au, its customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.airconoff.com.au. www.airconoff.com.au expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.airconoff.com.au will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. www.airconoff.com.au reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that you may download from time to time on this website.
www.airconoff.com.au expressly reserves ownership in all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and www.airconoff.com.au concerning your use and access to www.airconoff.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and www.airconoff.com.au that results in litigation then you must submit to the jurisdiction of the courts of Queensland.
Aircon Off Pty Ltd
Office 23 - Corporate House
155 Varsity Parade
Varisity Lakes QLD 4227