Terms of service
Customer Terms of Purchase
Last updated 1 September 2020
Please read these Terms of Purchase and our Privacy Policy carefully because they affect your legal rights.
1. Introduction
1.1. We offer a variety of products which are available to purchase from our website. This Agreement covers Your use of all of Our products (“Products”).
1.2. By clicking on the ‘buy’ button, or, by using our Products, you, or the entity that you represent, (“You, Your”) are unconditionally agreeing to be bound by, and are becoming a party to, an agreement with Flex-G Pty Ltd, ABN 13 621 616 957 (“Us, We, Our”) (“the Agreement”).
1.3. Your Agreement with Us includes these Terms of Purchase (“Terms”) and our Privacy Policy.
1.4. This Agreement outlines the terms and conditions that apply to Your use of Our Products. You acknowledge that you have read and understood the Agreement, accept the Agreement, and agree to be bound by it. If you do not agree with (or cannot comply with) the Agreement, then you not proceed to purchase the Products and You may not use them.
1.5. In order to use the Products, you need to be 18 or older, or have your parent or guardian’s consent to the Agreement.
1.6. This Agreement commences on the date you click on the ‘buy’ button or when You first use Our Product (whichever occurs first).
2. Changes to the Agreement
2.1. Occasionally We may, in Our discretion, make changes to these Terms. We recommend that You read them each time You purchase from Us to ensure You understand the conditions that apply to Your purchase. In some cases, We will notify You of changes that apply to Products You have already purchased from Us, and Your continued use of the Products after the changes have been made will constitute Your acceptance of the changes. Please therefore make sure You read any such notice carefully. If You do not wish to continue using the Products under the new version of the Agreement, You may terminate the Agreement by contacting Us through sales@gochiller.com.
3. Changes to the Products
3.1. The Products we offer may change from time to time and their form and functionality may change without prior notice to You.
3.2. We may change, suspend, or discontinue any or all of the Products at any time, including the availability of any Product, feature, functionality, or associated brand. In addition, we have no obligation to continue to provide any particular Product. We may also impose purchase limits on certain Products or restrict Your access to the Products without notice or liability.
4. Rights we grant you
4.1. Except as expressly provided in this Agreement, all intellectual property rights relating to the Products, technology, techniques, formulae, or trade marks that are used in or provided by Us as part of the Products, or in any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any third party relating to the Products (“Intellectual Property”) will be owned by Us or will vest in Us on creation or is licensed to Us. You will not copy, distribute, reproduce or use any of the Intellectual Property except as expressly permitted under this Agreement.
4.2. We grant You a limited, personal, non-exclusive, revocable, non-transferable license to access and make use of our Products (“the Licence”) for the cooling of hardware or equipment.
4.3. The Licence will remain in effect until and unless terminated by You or Us or You use all of the Product You have purchased from Us.
4.4. You agree that You will not redistribute or transfer the Products nor commercially exploit any right in the Products.
4.5. All Flex-G and Go Chiller trademarks, service marks, trade names, logos, domain names, and any other features of Our brand (“Brand Features”) are Our sole property. The Agreement does not grant You any rights to use any Brand Features whether for commercial or non-commercial use.
4.6. You agree not to use Our Products, or any part thereof in any manner not expressly permitted by the Agreement. Except for the rights expressly granted to you in this Agreement, We grant no right, title, or interest to You in the Products.
5. User guidelines
5.1. You may need to register for an account to purchase Our Products.
5.2. When you create an account for any of Our Products, You agree that any registration information that You submit to Us is true, accurate, and complete, and You agree to keep it that way at all times.
5.3. You are responsible for maintaining the confidentiality of any and all actions that take place while using Your account.
5.4. When using Our Products, You agree that You will not:
5.4.1. copy, redistribute, reproduce, transfer, or make available to the public any part of the Products, or otherwise make any use of the Products which is not expressly permitted under this Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Products;
5.4.2. resell or distribute the Products or sell or distribute any goods that incorporate Products or any derivative thereof without Our written permission;
5.4.3. reverse-engineer the Products, or otherwise attempt to discover underlying structure, ideas or formulae of the Products unless permitted by applicable law;
5.4.4. circumvent any technology used by Us or any third party to protect the Products;
5.4.5. circumvent any territorial restrictions applied by Us;
5.4.6. remove or alter any copyright, trademark, or other intellectual property notices contained on or provided through the Products (including for the purpose of disguising or changing any indications of the ownership or source of the Products);
5.4.7. provide Your password to any other person or use any other person’s username and password;
5.4.8. use the Products in a manner which is inconsistent with any safety advice provided to You by Us or any applicable health and safety regulations; or
5.4.9. sell a user account, or otherwise accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account.
5.5. You agree that You will not engage in any activity, or register and/or use a username, which is or includes material that:
5.5.1. is offensive, abusive, defamatory, pornographic, threatening, or obscene;
5.5.2. is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Ours or a third party;
5.5.3. includes Your password or purposely include any other user’s password or purposely include personal data of third parties or is intended to solicit such personal data;
5.5.4. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Products;
5.5.5. is intended to or does harass or bully other users;
5.5.6. impersonates or misrepresents Your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
5.5.7. uses automated means to artificially promote content;
5.5.8. involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
5.5.9. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Us;
5.5.10. links to, references, or otherwise promotes commercial products or services, except as expressly authorised by Us;
5.5.11. interferes with or in any way disrupts the Products, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Products or Our computer systems, network, usage rules, or any of Our security components, authentication measures or any other protection measures applicable to the Products; or
5.5.12. conflicts with this Agreement, as determined by Us.
5.6. You acknowledge and agree that posting any such content may result in immediate termination or suspension of Your account. You also agree that We may also reclaim your username for any reason.
5.7. Your password protects Your user account, and You are solely responsible for keeping Your password confidential and secure. You are totally responsible for when and how Your account with Us is used and the actions of any people You give Your password and log-in details to. If Your username or password is lost or stolen, or if You believe there has been unauthorised access to Your account by third parties, please notify Us immediately and change Your password as soon as possible. You will cooperate with Us in establishing a replacement password.
5.8. You acknowledge and agree that the Products may be supplied to You using products and/or services operated or provided by third parties (“Third Party Services”). In respect of those Third Party Services, You agree that:
(i) While we may put contractual measures in place to provide You with Third Party Services, you acknowledge and agree that We are not responsible for the operation of any Third Party Services nor the availability or operation of the services to the extent such availability and operation is dependent upon Third Party Services;
(ii) We do not make any representations or warranties with respect to Third Party Services or any third party providers; and
(iii) any exchange of data or other interaction between You and a third party provider is solely between You and that third party provider and is governed by the third party’s terms and conditions.
5.9. You acknowledge and agree that it is Your responsibility to ensure that:
(i) You follow all relevant safety considerations in the handling, use and safe storage of the Products You purchase from Us – You may contact sales@gochiller.com to obtain information on the Products for sale; and
(ii) all applicable health and safety regulations are observed and other appropriate steps taken in relation to the storage, handling and the use of the goods and, where information is supplied to you by Us on potential hazards, relating to the Products, to bring such information to the attention of Your employees, agents, subcontractors, visitors and customers.
5.10. We are not obliged to compensate You for any damage that occurs as a result of You ordering the incorrect Product or not following proper instructions for the handling, use and safe storage of chemicals outside of what You are entitled to receive under the relevant laws of Australia.
6. Service limitations and modifications
6.1. We will make reasonable efforts to keep our website selling the Products operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of our website, with or without notice, all without liability to You.
6.2. You understand, agree, and accept that We have no obligation to maintain, support, upgrade, or update or website, or to provide all or any specific Products through the website.
7. Payment terms
7.1. All charges payable by You to Us for the Products will be detailed in Our online store at gochiller.com (‘Fees’).
7.2. All prices are based on Australian dollars $AUD, and listed in your preferred currency if requested. Amounts displayed may vary due to fluctuations in exchange rates. Prices listed may or may not include shipping, or customs charges, which must be paid by You.
7.3. We will not provide Products to You until you have paid all Fees, unless you are a pre-approved customer.
7.4. Upon registration of a credit card account, You give Us authorisation to debit Your credit card for all fees by You to Us.
7.5. Fees under this Agreement are exclusive of all taxes, including national, state or provincial and local use, sales, value-added, property and similar taxes, if any. You agree to pay such taxes unless You have provided Us with a valid exemption certificate. In the case of any withholding requirements, You will pay any required withholding Yourself and will not reduce the amount paid to Us on account of such withholding.
7.6. Without prejudice to Our other rights and remedies under this Agreement, we will not commence or continue provision of the Products to you if any sum payable is not paid on or before the due date, We reserve the right, at Our discretion, to suspend the provision of Products to You until we receive the required payment (including any late payment fees, interest, debt recovery charges and reactivation fees) in full.
8. Export control
8.1. You agree to comply with all applicable export and reexport control laws and regulations, trade and economic sanctions. Specifically, You agree that You will not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Us under this Agreement to any destination, entity, or person prohibited by any applicable laws or regulations without obtaining prior authorisation from the competent government authorities as required by those laws and regulations. This export control clause will survive termination or cancellation of this Agreement.
9. International terms
9.1. If You are not an Australian resident and you are accessing our Products from outside Australia, You agree to transfer certain information outside Your home country to Us, and that You will follow all the laws that apply to You.
9.2. We provide Our Products for a global community of users. Our company however, is based in Australia and Our server is based in the United States (this is where Our Cloud data is stored). Our policies and procedures are based primarily on Australian law. Because of this, the following provisions apply specifically to users located outside of Australia:
9.2.1. You consent to the transfer, storage, and processing of Your information, including any personal data, to and in the United States and/or other countries where Our service providers are located;
9.2.2. if You are using the Products from a country embargoed by Australia or the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” You are not authorised to access or make use of the Products; and
9.2.3. You agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which You reside and the country from which You access the Products.
9.3. The Products are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Us to any registration requirement within such jurisdiction or country.
10. Returns and Refunds
10.1. Thanks for purchasing Our Products. If You are not entirely satisfied with Your purchase, We’re here to help.
10.2. You have 30 calendar days to return a Product from the date You received it. To be eligible for a return, Your item must be unused, unopened and in the same condition that You received it. Your item must be in the original packaging. Your item needs to be returned with the receipt or proof of purchase.
10.3. Once we receive Your returned Product, We will inspect it and notify You that we have received Your returned Product. We will immediately notify You on the status of Your refund after inspecting the Product.
10.4. If Your return is approved (in Our absolute discretion), We will initiate a refund to Your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on Your card issuer’s policies.
10.5. You will be responsible for paying for Your own shipping costs for returning Your Product. Shipping costs are non-refundable.
To request a refund, email sales@gochiller.com with your full name and order number.
11. Term and termination
11.1. The Agreement will continue to apply to You until terminated by either You (via formal notification to Us or You returning goods to Us) or Us or by You using all of Our Product.
11.2. We may suspend or terminate this Agreement, Your account or Your purchase of the Products if:
11.2.1. You breach this Agreement and fail to rectify any remediable breach within 7 days of Us notifying You to do so;
11.2.2. the individual signing the Agreement did not have the legal right or authority to enter into the Agreement on Your behalf;
11.2.3. You become insolvent;
11.2.4. You are declared bankrupt;
11.2.5. We are ordered to do so by a court, law or government body or pursuant to an arbitration award;
11.2.6. We, in our sole discretion, determine You have created risk or possible legal exposure for Us, the general public, any third party, any user of Our Products;
11.2.7. We determine to discontinue or modify the Products; or
11.2.8. there is another event for which We reasonably believe that the termination or suspension of the account or Service is necessary to protect Our Products or Our other customers.
11.3. If Your account has been suspended or terminated due to Your breach, reactivation of Your account will be at Our discretion. If We agree to reactivate Your account, We will require payment in full of all outstanding amounts.
11.4. You may terminate Your account with Us for any reason at any time by giving Us 30 days’ notice advising Us that You will do so. Unless You are terminating Your account due to a breach of this Agreement by Us, refunds for monies paid in advance are not provided.
11.5. If We wish to terminate Products You have purchased for reasons other than a breach of this Agreement, We can do so by giving You 30 days written notice. In this circumstance, We will refund any remaining unused credit on your account or to Your credit card (at Our discretion).
11.6. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.
11.7. If Your account is closed for whatever reason You must pay all outstanding charges immediately.
11.8. Subject to Our legislative obligations, We are under no obligation to provide You with a copy of Your data or content if We have suspended or terminated Your access to the Service for Your breach. If We provide You with a copy of Your data or content in such circumstances, We are entitled to charge a fee for doing so. If We terminate Your account or any purchase by You of Our Products in such circumstances, We may also at Our discretion destroy Your data or content. If Your data or content is destroyed it may not be recoverable.
12. Warranty and disclaimer
12.1. We endeavour to provide the best service We can, however You understand and agree that the Products are provided on an ‘as is’ and ‘as available’ basis, without express or implied warranty or condition of any kind. You use the Products at Your own risk.
12.2. To the fullest extent permitted by law:
12.2.1. We make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for purpose, or non-infringement;
12.2.2. We do not warrant that the Products are free of harmful components;
12.2.3. We make no representation, warranty, endorsement or guarantee and assume no responsibility for any third party product incorporated into the Products;
12.2.4. We make no guarantee that unauthorised third parties will not be able to defeat Our security measures; and
12.2.5. We do not warrant that the Products provided under this Agreement will meet Your requirements, other than as expressly set out in this Agreement, or will produce any particular results, data, sales or other return.
13. Limitation of Liability
13.1. You agree that, to the extent permitted by law, Your sole and exclusive remedy for any problems or dissatisfaction with the Products is to stop using the Products and/or return the Products to Us.
13.2. To the extent permitted by law, in no event will We be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, any loss of use, data, business or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Products.
13.3. To the extent permitted by law, aggregate liability for all claims relating to the Products will not exceed the amount paid by You to Us in the 12 months prior to the claim being made by You.
13.4. Nothing in this Agreement removes or limits Our liability for fraud, fraudulent misrepresentation, death or personal injury caused by Our negligence, and, if required by applicable law, gross negligence.
13.5. In the event that this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) nothing contained in this Agreement excludes, restricts or modifies any remedies or guarantees where to do so is unlawful. To the full extent permitted by law, where the benefit of any such remedy or guarantee is conferred upon You pursuant to the Competition and Consumer Act 2010 (Cth) Our sole liability for breach of any such remedy or guarantee will be limited to the remedies available under that Act.
14. Indemnification
14.1. To the fullest extent permitted by law, You agree to indemnify and hold Us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of Your breach of this Agreement, any use by You of the Product and Your violation of any law or the rights of a third party.
15. Miscellaneous
15.1. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
15.2. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided in this Agreement.
15.3. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Us in any respect.
15.4. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
15.5. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid.
15.6. We will not be liable for any loss resulting from a cause over which We do not have direct control.
15.7. This Agreement is governed by the laws in force in the Australian Capital Territory, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the Courts of that Territory.
15.8. We are permitted to use Your name and logos in sales and marketing materials and We may disclose that You are one of Our customers to any third-party at Our sole discretion.