Terms and Conditions
Welcome to the CARMAN HEATING web site ("Web Site"). This document contains the Terms and Conditions that govern your use of the Web Site. These Terms and Conditions describe your rights and responsibilities. Please take a few minutes to review these Terms and Conditions. These Terms and Conditions of Use (the "Terms of Use") apply to the CARMAN HEATING Website located at www.carmanheating.com.au (the "Website") and all associated Websites linked to the Website. Your use of the Web Site constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, then CARMAN HEATING asks that you do not use the website. CARMAN HEATING reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. By continuing to use the Web Site, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
1. Copyright/Trademarks
CARMAN HEATING trade mark and logo are trademarks of CARMAN HEATING. Permission to use documents delivered from the Web Site and/or server and related graphics is restricted. The name of CARMAN HEATING or any of the above trademarks or logos may not be used without CARMAN HEATING’s specific, written prior permission. The information contained on the Web Site is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors.
2. Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively known as "Content"), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel' and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to CARMAN HEATING, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. CARMAN HEATING does not make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, CARMAN HEATING and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring') to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without CARMAN HEATING's express prior written consent. CARMAN HEATING and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. CARMAN HEATING does not accept responsibility for any liability in respect of access to other content through the use of this Website.
3. Privacy
CARMAN HEATING is committed to adopting the highest standards to safeguard our customers' personal information. Please refer to our Privacy Policy which sets out how and why we collect, use and disclose your personal information.
4. Security
CARMAN HEATING shall take all reasonable steps to ensure the security of your personal information. Please refer to our Privacy Policy for further information on how CARMAN HEATING has endeavoured to ensure the security of Personal Information. CARMAN HEATING notes further that some components of the Website require an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. CARMAN HEATING is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures. CARMAN HEATING requests that you promptly report to it any unauthorised use of the password.
5. Viruses
CARMAN HEATING does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. CARMAN HEATING will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information.
6. Cookies
CARMAN HEATING utilises cookies and other technologies to assist us in tracking information about visits to the website and analyses this data for trends and statistics. Cookies may also be utilised to ensure that your experience in interacting with us is positive. When you access the website CARMAN HEATING system will record:
6.1. The time and date of your visit to the website; 6.2. What parts of the website you visit; 6.3. How long you spend on any page of the website; 6.4. How many times you visit the website; 6.5. Which domain (country) you are visiting from. 6.6. This information does not identify you personally and will not be matched with any information which does identify you personally. You can configure your browser to reject cookies. Rejecting cookies will not restrict access to the website unless specifically stated on a page within the website.
7. Product Information & pricing
Whilst CARMAN HEATING makes every reasonable effort to present accurate information on the Web Site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability.
8. User Information
You can visit the website without revealing any personal information. CARMAN HEATING may request personal information from you when you: 8.1. Provide feedback on the website; 8.2. Enter a competition from the website; 8.3. Contact us through the website; 8.4. Subscribe to our e-newsletters.
9. Third party links
This Website may contain links to other independent third-party Websites ("Linked Websites"). These Linked Websites are provided solely as a convenience to our visitors. You acknowledge and agree that CARMAN HEATING is not responsible for the availability of any third party Websites or material You access through the CARMAN HEATING Site (which for the avoidance of doubt includes advertising), and CARMAN HEATING does not endorse and are not responsible or liable for any content, advertising, products or services on or available from such Websites or material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from such Websites or material. You will need to make your own independent judgment regarding your interaction with these Linked Websites. These links to third party Websites are provided to you as a convenience only. You link to any such Website entirely at your own risk.
10. Indemnification
You must indemnify and hold harmless CARMAN HEATING or its employee's contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from: a) any breach by you of these Terms; or b) reliance by you on any information obtained through the CARMAN HEATING Website.
11. Warranty disclaimer
CARMAN HEATING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CARMAN HEATING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CARMAN HEATING DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM CARMAN HEATING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARMAN HEATING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST CARMAN HEATING FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to, but is not limited to, any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
CARMAN HEATING reserves the right to do the following, at any time, without notice: 1. Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; 2. Modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and 3. To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Applicable Law The Website (excluding any linked third party Websites) is controlled by CARMAN HEATING By accessing this Website, you accept that any disputes about this Website or the Content are to be determined by the Courts having jurisdiction in South Australia ("SA") in accordance with the laws in force in SA (subject to the application of any principal of conflict of laws inconsistent with this requirement). Although this Website can be accessed throughout Australia and overseas, CARMAN HEATING does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
