Thermal Targets – Terms of Use of Platform
1. General
1.1 The Platform is owned and operated by Thermal Targets ABN: 33 166 430 182 (‘Thermal Targets’, ‘thermaltargets.com.au’, ‘we’, ‘us’ or ‘our’) and is offered to the user (‘User’, ‘you’ or ‘your’) for the purposes of purchasing products.
1.2 We are responsible for the Service Offer and provide the Platform to enable the Service Offer.
1.3 Please read these Terms of Use carefully and understand they apply to all transactions between Thermal Targets and the User.
1.4 These Terms of Use explain your rights and obligations and include terms that may limit or exclude your rights and govern the jurisdiction for any disputes.
1.5 You acknowledge and agree to review these Terms of Use prior to using the Platform and Service Offer and entering into the Service Agreement.
1.6 To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms of Use, these Terms of Use will prevail.
2. Definition
In these Terms of Use, unless the context otherwise requires:
2.1 ‘Business Day’ means a day on which banks, as defined in the Banking Act 1959 (Cth) are open for general banking in New South Wales, Australia excluding Saturdays, Sundays, public holidays or bank holidays.
2.2 ‘Confidential Information’ means all personal and corporate information the User acquires from Thermal Targets in relation to the Service Offer. Information already in the public domain or within the User’s knowledge is not confidential under these Terms of Use.
2.3 ‘Liability’ means any tangible or intangible: loss; damage; liability whether actual or prospective; cost or expense of any description, including legal costs incurred by you or any third-parties arising from any action, inaction, claim, demand, suit or legal action, however, construed, expressly, including contract, tort, bailment, personal injury, death or negligence; loss of goodwill; business interruption; or for any direct, indirect, incidental, special, consequential, exemplary or punitive loss or damage arising out of or related to the Service Offer, however it may arise.
2.4 ‘Platform’ means Thermal Targets website (thermaltargets.com.au), or any other service, software or platform Thermal Targets manages.
2.5 ‘Service Agreement’ means the agreement entered into between Thermal Targets and the User incorporating these Terms of Use, Schedules, Privacy Policy and any other terms and conditions associated with the Service Offer and/or the Platform.
2.6 ‘Service Offer’ means the User’s request for services through the Platform or through our team, being a legally binding offer and acceptance to form the Service Agreement and Service Fees.
3. Interpretation
In the interpretation of these Terms of Use, the following rules apply unless otherwise specified or the context requires otherwise:
3.1 References to legislation or to provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation.
3.2 Headings are for convenience only and do not affect interpretation.
3.3 Words denoting the singular include the plural, and vice versa.
3.4 Words denoting individuals or persons include bodies corporate and vice versa.
3.5 Grammatical forms of defined words or phrases have corresponding meanings.
3.6 The words ‘including’ or ‘includes’ are not words of limitation.
3.7 References to a party are intended to bind their executors, administrators and permitted transferees.
3.8 References to documents or agreements also mean those documents or agreements as changed, novated or replaced.
3.9 References to a Schedule are references to a Schedule under the Service Agreement.
3.10 References to an amount of money, including ‘dollars’ or ‘$’ are references to the amount in the lawful currency of the Commonwealth of Australia and include Goods and Services Tax (‘GST’) under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
3.11 If the day on or by which anything is to be done is not a Business Day, then it must be done by the next Business Day.
3.12 References to a ‘day’ or a ‘month’ are references to a calendar day or to a calendar month, as applicable.
3.13 Parties must perform their obligations on the dates and times fixed by reference to Sydney, New South Wales, Australia.
4. Agreement between Thermal Targets and the User
4.1 By registering as a User, you enter into a legally binding agreement with us, being the Service Agreement. You expressly warrant and represent you are 18 years of age or over and have full legal capacity to enter into the Service Agreement.
4.2 By using the Platform and Service Offer and entering into the Service Agreement, you expressly indicate you have read, understood and accept these Terms of Use and you acknowledge and agree to be bound by them.
5. Use of the Platform
5.1 You warrant you will only use the Platform and any of its content:
5.1.1 For the Service Offer;
5.1.2 For lawful purposes and in accordance with all applicable local, state, national and international laws, rules and regulations;
5.1.3 In a way that does not damage, incapacitate, circumvent security, place unreasonable burden, alter the content or otherwise disrupt the operation or impair the functionality of the Platform, including uploading any data, scripts or other software. You also acknowledge and agree not to hack or reverse-engineer the function of the Platform; or
5.1.4 In a manner where you take the necessary precautions to ensure the process you use to access the Platform does not expose you to vulnerabilities, viruses, defects or other harmful components that may damage your own computer system.
5.2 You warrant not to use the Platform or any of its content to:
5.2.1 Harm, threaten, abuse, harass, stalk, defame, discriminate (including race, sex, religion, ethnicity, disability, sexual orientation or age) or otherwise offend any party;
5.2.2 Mislead, deceive or invade another’s privacy;
5.2.3 Communicate, publish or distribute any material which is unlawful, abusive, obscene, indecent, inappropriate, tortuous, defamatory or otherwise offensive;
5.2.4 Scrape, index, reproduce, redistribute or republish any part of the Platform;
5.2.5 Violate the rights of any third-party;
5.2.6 Access, scrape or archive content such as scripting software, using automated means;
5.2.7 Use, create or distribute any device or software that interacts with the Platform;
5.2.8 Send unsolicited communications, advertising or promotional materials, including spam, junk mail, chain letters or pyramid schemes to us. This includes use of contact information provided on the Platform including email addresses, phone numbers and addresses, or any contact mechanisms and forms. Nor must you spam or send unsolicited communications, advertising or promotional materials to another User or to any other party;
5.2.9 Distribute or link to any malware or malicious code, including computer viruses, worms, trojan horses, logic bombs, spyware, adware or any other program which may disrupt, destroy, damage, harm, limit, circumvent security measures, or cause undesirable effects to the functionality of computer software, hardware, networks or telecommunications systems;
5.2.10 Infringe the copyright, trademarks or other intellectual property rights of any third-party;
5.2.11 Give the impression that content derives from Thermal Targets, its directors, officers, employees, agents or contractors;
5.2.12 Manipulate, alter or circumvent any fees listed on the Platform;
5.2.13 Interfere with any other party’s use of the Platform; or
5.2.14 Change or manipulate another User’s account or information.
6. User account
6.1 When you create a User account on the Platform, or as part of your continued use of the Platform, you must provide us with accurate, up to date and complete information, including current valid:
6.1.1 Identification;
6.1.2 Contact details;
6.1.3 Credit card details; and
6.1.4 Alternate contact person identification and contact details.
If you provide any incorrect or false information you will be in breach of the Service Agreement.
6.2 If you use credit card details on your User account which do not belong to you, you warrant and represent that you have the express prior consent of the authorised credit card account holder and you indemnify Thermal Targets in accordance with these Terms of Use.
6.3 You must notify us of any changes to your User account, contact information and credit card details within a timely manner. You undertake to provide us with notice of any changes to information relating to your identity, contact and credit card details within 5 days by email to: admin@thermaltargets.com.au
6.4 Subject to these Terms of Use, we grant you a non-exclusive, non-transferable licence to use the Platform. You must not use another User’s account without our prior express written consent.
6.5 We will process your personal information in accordance with our Privacy Policy.
6.6 You warrant and represent:
6.6.1 You will not use the Service Offer or your User Account in any way that is unlawful or likely to be unlawful.
6.6.2 You are solely responsible for any information you submit to us via your User account;
6.6.3 You are solely responsible for the use or misuse of your account by any other party;
6.6.4 To maintain the security and integrity of your User account login credentials, including your username, password and details relating to your unique user identity question; and
6.6.5 If you reasonably suspect the security or integrity of your User account has been compromised you will notify us immediately by email to: admin@thermaltargets.com.au
6.7 We reserve the right to close, limit access or suspend your User account at any time for any reason, including non-payment, default, repossession and/or activities that breach the Service Agreement and our Privacy Policy.
7. Thermal Targets services
7.1 Upon making a purchase through the Platform, Thermal Targets will provide the Service Offer to you within our 48-hour standard service window during Normal Service Hours, unless the item is unavailable, in which case you will be notified by email or phone.
7.2 We reserve the right to refuse the Service Offer, or to terminate the Service Offer to you at any time, and at your cost, if we reasonably determine that providing or continuing to provide you with the Service Offer may:
7.3 Breach any applicable local, state, national or international laws, rules, and regulations;
7.4 Represent a risk to the safety of an Thermal Targets employee, agent, contractor or any other individual;
7.5 Compromise the security of our website;
7.6 Degrade or cause damage to Thermal Targets brand equity or reputation.
8. Limitation of Liability for the Platform
8.1 Your use of the Platform is at your own risk.
8.2 All content, features, functions, information, resources and other material offered on the Platform are provided on an ‘as is’ basis without any warranties or conditions of any kind, whether express or implied.
8.3 Before relying or acting on the content, features, functions, information, resources and other material offered on the Platform, you should carefully evaluate the accuracy, availability, reliability, completeness, contemporariness or relevance of the information for your purposes. To the fullest extent permitted by law, we do not guarantee or accept any liability arising from or connected to the accuracy, availability, reliability, completeness, contemporariness or relevance of content, features, functions, information, resources and other material offered on the Platform.
8.4 The opinions and views expressed on Thermal Targets blog and on any social media linked to the Platform reflect the personal opinions and views of the individual author and not the opinions or views of Thermal Targets
8.5 Generally, information sent or received over the Internet is not secure. Although Thermal Targets attempts to maintain appropriate safety measures in respect of the Platform, we do not make any warranties or representations concerning the security of any communication to or from the Platform.
8.6 You assume full responsibility for any defects in your device, data, software, equipment or network.
8.7 We do not make any warranties or representations that the Platform or any external links on the Platform are free from vulnerabilities, viruses, defects or other harmful components that may damage your own computer system, nor do we guarantee secure or uninterrupted access to the Platform.
8.8 We are not responsible for any defects, delays or disruptions to the Platform as a result of any impact, interruption, action or inaction of any third-parties or for any events beyond our control or that cannot be anticipated.
8.9 We do not make any warranties or representations regarding the interception by third-parties of your personal or other information.
8.10 To the fullest extent permitted by law, you hold Thermal Targets harmless from and agree we are not responsible to you or any third-parties for Liability arising from or connected with:
8.10.1 The use, performance or reliability of the Platform, including data loss or corruption;
8.10.2 Unauthorised access to the Platform or to your personal or other information;
8.10.3 Alteration of any transmission of data and any other matter relating to the Platform, its content or any external links to the Platform;
8.10.4 Any alterations, amendments, modifications or suspension of the Platform or its content;
8.10.5 Changes or manipulation to your User account or information by any third-parties; and
8.10.6 Actions of any third-parties using your identification verification details or User account login credentials, whether it is with or without your knowledge or authorisation.
9. Variations to the Service Offer
9.1 Variations to the Service Offer can be made by either Thermal Targets or the User. Any variations are not binding or effective unless they are mutually agreed upon through the Platform or our team.
10. Survival and merger
10.1 No term of the Service Agreement merges on completion of any transaction contemplated by the Service Agreement.
10.2 Clauses headed: Billing and payment; Late payment and non-payment; Termination and User account cancellation; Limitation of liability for the Platform; Indemnity; Confidentiality; Intellectual Property; Trademarks; Dispute Resolution; Notices; Governing law; and Legal costs survive termination or expiry of the Service Agreement, together with any other term which by its nature is intended to do so.
11. Severability
11.1 If any of the terms of the Service Agreement are deemed unenforceable, illegal or void, then those parts may be severed, and the other parts of the Service Agreement remain unaffected and continue in full force and effect.
12. Governing law
12.1 The Service Agreement and any obligations arising out of or in relation to these Terms of Use are governed by the laws of New South Wales, Australia.
12.2 You acknowledge and agree that the courts of New South Wales, Australia have exclusive jurisdiction to settle any claim or dispute which may arise out of or in relation to the Service Agreement.
13. Legal costs
13.1 We may recover all solicitor/client legal costs and expenses incurred by us in enforcing the Service Agreement for any breach by you, whether actual or apparent.
14. Contact
14.1 If you have any questions about the Service Agreement; or if you have any complaints; or if you would like to report a breach of the Service Agreement; or if you have any issues in relation to the Platform or Service Offer; or if you otherwise have any feedback, please contact us by sending an email to: admin@thermltargets.com.au
14.2 Where your contact relates to a complaint, breach or issue, we will take all reasonable steps to investigate the complaint, breach or issue and will take any action we consider appropriate at our sole and absolute discretion.
15. Updates
15.1 We reserve the right to alter, amend, modify or otherwise update the Service Agreement, Service Offer and the Platform in our absolute and sole discretion, from time to time, without notice to you.
15.2 These Terms of Use were last updated on 2nd August 2022 and replace any other Terms of Use published by us to date. Updates to these Terms of Use will be effective immediately upon publication on the Platform.
15.3 Any new content, features, functions, information, resources and other material that may be added to the Service Offer and the Platform from time to time will be subject to the Service Agreement, unless stated otherwise.
15.4 You should check the Platform from time to time to make sure you are aware of any updates.
15.5 By continuing to use the Service Offer and the Platform after any updates, you agree that you have read, understood and accept to be bound by the Service Agreement, as altered, amended, modified or otherwise updated.
16. Delivery and Shipment
16.1 We reserve the right to make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which will depend on order value and shipping destinations. Shipping costs are displayed at checkout.
16.2 Non Australian / International orders may incur custom fees. This depends entirely on the destination country and it’s beyond our control. The amount payable is determined entirely by the destination country and their laws. Delays may be incurred in the delivery process. Please check with local customs rules & regulations before placing your order.
17. Prices
17.1 All prices on the site are final and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.
17.2 For customers ordering from outside Australia, all product prices are net of local taxes and fees unless otherwise indicated. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, and if these are not already collected at checkout, then the customer has the sole responsibility to pay these taxes and fees.
17.3 Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.
18. Payment
18.1 Customers may choose to pay by Stripe (credit/debit card) or PayPal payment methods. Thermal Targets reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.
18.2 If the customer selects a payment method or provides payment information that makes it impossible or impractical for Thermal Targets to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of Thermal Targets own, the customer agrees that Thermal Targets may add an additional charge to the order to recoup costs associated with the processing or attempting to process the impossible or impractical transaction.
18.3 Thermal Targets may sub-contract third parties to process payment.
18.4 If the customer fails to pay, Thermal Targets may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
