Terms & Conditions
Realcold Terms of Use
Except as otherwise provided in a written agreement signed by
Realcold, these Terms of Use represent the entire understanding
between you and Realcold and our related companies (collectively,
"Realcold") regarding your use of www.realcold.com.au (the "Site")
and your submission of any materials to us. By accessing the Site,
you signify your acceptance of these Terms of Use and your
acceptance of the Privacy Policy. Realcold reserves the right, at
any time, to modify, alter, update, or remove portions of these
Terms of Use or the Privacy Policy, so please check them from time
to time as your continued use of the Site signifies your acceptance
of any changed terms. If you are dissatisfied with these Terms of
Use or the Privacy Policy, your sole and exclusive remedy is to
discontinue your use of the Site.
Disclaimer
Realcold PROVIDES THE SITE AND ITS SERVICES ON AN "AS-IS" BASIS.
Realcold MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO:
(1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT,
MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY
APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Realcold DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION
WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION,
CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY
INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT
LIMITING THE FOREGOING, Realcold DOES NOT WARRANT THAT THE SITE OR
ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VRealcoldSES
OR OTHER HARMFUL COMPONENTS. Realcold DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR
THE SERVICES DESCRIBED THEREIN.
Limitation of Liability
IN NO EVENT SHALL Realcold BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION
LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA,
ARISING OUT OF OR RELATING TO THE SITE, THE OPERATION OF THE SITE,
ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE,
AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF Realcold IS
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Realcold'S
LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED
TO A MAXIMUM OF $100.
Links
The Site may contain links to other Web sites on the Internet that
are owned and operated by someone other than Realcold. Realcold
provides these links solely as a convenience. The appearance of a
link does not imply Realcold's endorsement, nor is Realcold
responsible for the content of any linked site. You access linked
sites at your own risk.
Compliance with Laws
You agree to comply with all applicable laws, statutes,
ordinances, and regulations regarding your use of the Site and your
use of the services described therein. General Proprietary
RightsThe Site is owned by Realcold and contains material that is
derived in whole or in part from Realcoldand other sources. The
Site and their contents are protected by international copyright,
trademark, and other intellectual property laws. You may not
modify, copy, reproduce, republish, upload, post, transmit or
distribute in any way any material from the Site, including without
limitation code or software, without Realcold's express written
permission.
Copyright
All site design, text, code, graphics, and interfaces, and the
selection and arrangements thereof, on the Site are the property of
Realcold, or their content suppliers, and are protected by
Australian and other international copyright laws, © 2011 Realcold
ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint
any photograph, illustration, artwork, or other material on the
Site must be obtained from the copyright owner, regardless of the
intended use. Any unauthorized use of the materials appearing on
the Site is in violation of copyright, trademark, and other
applicable laws and could result in criminal or civil
penalties.
Trademarks
The Realcold logo is a trademark of Realcold and related companies.
It may not be used in connection with any products or services
other than those products or services offered by Realcold or
related companies, in any manner that is likely to cause confusion,
or in any manner that disparages or discredits Realcold or related
companies. All other trademarks are the property of their
respective owners. Notice of Potential InfringementTo notify
Realcold of any suspected infringement, please contact us via our
contacts form.
Applicable Law
Realcold operates the Sites from Brisbane, Australia. The laws
applicable to the interpretation of these Terms of Use shall be the
laws of Australia without reference to its conflict of law
provisions.
Disputes
You agree that any action at law or in equity arising out of or
relating to these Terms of Use, the Site, and/or the services
described therein shall be filed exclusively in the courts of
Brisbane, Australia and you hereby consent and submit to the
exclusive jurisdiction and venue of such courts. No action arising
under or relating to these Terms of Use may be brought by either
party more than one year after the cause of action has accrued.
Termination
These Terms of Use shall remain in force until terminated by
Realcold. Realcold may terminate the Terms of Use, or suspend your
access to all or part of the Site, without notice, for any conduct
that Realcold, in its sole discretion, believe is disruptive or is
in violation of any applicable law or these Terms of Use. In the
event of any such termination, the provisions regarding
disclaimers, limitations of liabilities, intellectual property
rights, choice of law, and venue set forth in these Terms of Use
shall survive. MiscellaneousIf any provision of these Terms of Use
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and shall
not affect the validity and enforceability of any remaining
provisions.