Terms of Use
1. IN GENERAL
Commercial Fridge and Freezer Sales Australia (“www.commercialfridgefreezer.com.au”) owns and operate this Website. This document governs your relationship with www.commercialfridgefreezer.com.au and commercialfridge.net.au (“Website”). Access to and use of the Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as updated by us from time to time. You should check the Terms and Conditions and this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by www.commercialfridgefreezer.com.au. www.commercialfridgefreezer.com.au has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
2. PRIVACY POLICY
Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
3. PROHIBITIONS
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.commercialfridgefreezer.com.au will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.commercialfridgefreezer.com.au or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.commercialfridgefreezer.com.au and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
5. LEGAL CAPACITY
If you are under the age of eighteen (18) years you cannot request quotes or place orders with Commercial Fridge and Freezer Sales Australia (CF&FSA). By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
6. PRICING
Prices displayed on the Website are subject to change without notice. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
7. PROMOTIONAL MATERIAL
Photographs, drawings, illustrations, specifications and any other particulars accompanying or associated with either a web-site listing or any catalogue, price list or advertising material provided by CF&FSA represent generally the Equipment described therein but do not form part of the agreement and CF&FSA accepts no responsibility as to the accuracy thereof nor will CF&FSA be liable for any consequential loss or damage caused by such misinformation or otherwise and the Purchaser must inform themselves of the suitability of the Equipment for their purpose.
8. DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.commercialfridgefreezer.com.au and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.commercialfridgefreezer.com.au's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
9. LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
10. DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.commercialfridgefreezer.com.au and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.commercialfridgefreezer.com.au.
11. INDEMNITY
You agree to indemnify, defend and hold harmless www.commercialfridgefreezer.com.au, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
12. VARIATION
www.commercialfridgefreezer.com.au shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
13. INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
14. COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
15. WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.commercialfridgefreezer.com.au. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.commercialfridgefreezer.com.au.
17. CHANGES TO OUR TERMS OF USE
CF&FSA has the discretion to update our Terms of Use at any time. When we do, we revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed. You acknowledge and agree that it is your responsibility to review our Terms of Use periodically and become aware of modifications.
18. YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of our Terms of Use. If you do not agree to our Terms of Use, please do not use our Site. Your continued use of the Site following the posting of changes to our Terms of Use will be deemed your acceptance of those changes.
19. CONTACTING US
If you have any questions about our Terms of Use, the practices of this site, or your dealings with this site, please contact us at : Contact Us
Telephone: 1300 733 715
Last updated: 01/03/2023