Terms and conditions of the AIRCONDITION Pty Ltd Web sites

The Aircondition Pty Ltd provides its web site company contact information and referral services solely to enable our normal web browser users with legitimate requests for company, product, service, questions, inquiries, or other information to contact the companies listed in the Aircondition Pty Ltd web sites via the means provided ONLY.

Aircondition Trade directory at aircondition.com.au is a Venue online. The Site functions as a venue are to connect buyers and subscriber or other service providers in a virtual online marketplace. Aircondition Trade Directory operates this free site for consumers seeking information, product & services as a Wiki, see definition here: http://en.wikipedia.org/wiki/Wiki and as such doesn't take responsibility for the listing's accuracy or completeness. These Terms and Conditions govern all Directory Listings posted on the Directory.

Back to top  

Site Legals - Governing Law

We and You, and other associated parties, irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning this agreement.
Neither AIRCONDITION Pty Ltd websites nor AIRCONDITION Pty Ltd Insurance will be liable for any loss caused by unauthorised access or breach of security through this site and will not be liable for any loss or damage if a transaction is not effected or is delayed or is in error, for any reason.
Subject to any terms implied by law and which cannot be excluded, AIRCONDITION TRADE DIRECTORY websites and AIRCONDITION Pty Ltd Insurance accept no responsibility for any loss, damage, cost or expense incurred as a result of any error, omission or misrepresentation in this site.
In no event will the failure of The Aircondition Pty Ltd Trade Directory websites and Aircondition.com.au to perform in a certain manner cause the operator to be liable for any damages - actual, consequential, direct, indirect, incidental, punitive, or otherwise. Our service is provided to you according to certain terms and conditions as listed in the following terms.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Back to top  

Type of service to be provided: Aircondition Trade directory provides a database register of subscriber and service providers. The Site contains a directory of subscribers and service providers. Paid Subscribers and service providers who have applied to be included on the database register. We provide a service that allows buyers to submit Requests for Quotes (RFQs) to multiple suppliers. We strive to make your experience a positive one.

Request for Sales leads and Quotes service matches you the user with suppliers of products or services that you intend to purchase. We will attempt to match you with multiple suppliers (up to a maximum of 4) who will compete for your business. We strive to enlist the highest quality suppliers but cannot guarantee suppliers' credentials.

The register is supplied as a service convenience; the information contained on the register is supplied by the subscriber and Aircondition Trade directory cannot guarantee the truth, accuracy, quality, legality, or safety of the register entries.

Aircondition Pty Ltd enables you to initiate transactions for the purchase of products or services. However, Aircondition Pty Ltd is not the supplier of such products or services, nor is it a third party to any transactions involving such products or services. Aircondition Pty Ltd matches Request for Quotes (RFQ) from buyers to participating suppliers. In relation to the RFQ service, you should only use this service if you have legitimate purchasing needs.
Leads from website visitors & users will be sent to the database of listed businesses for their relevant product and services within the designated category selected in the local area (s) as defined by the search function.

We promote information provided by the listed business (subscriber) in the "relevant market categories and business activities selected by the subscriber.
A website quote program for the end-users (and subscribers) can request a job done specifically by the subscriber results. Aircondition Pty Ltd and its Trade Directory websites will endeavour to provide value added services being major contractors, retailers, suppliers and others that may be deemed relevant.
Aircondition Pty Ltd and its Trade Directory websites search program will refer relevant quotes to the end user by subscribers within a 3-5 postcode radius of the end users listed address for work to be done by the subscriber for the end-user. Aircondition Pty Ltd and its Trade Directory websites do not assure the subscriber of getting these jobs. The subscriber will need to treat these leads like work gained from any marketing and act promptly, courteously and in the interest of the end user and Aircondition Pty Ltd .

Aircondition.com.au provides a service that allows buyers to submit Requests for Quotes (RFQs) to multiple suppliers. We strive to make your experience a positive one.

It should be noted that Aircondition.com.au may not always be able to match your RFQ(s) with suppliers. While we seek to enlist only the highest quality suppliers, we do not guarantee the quality or the credentials of the suppliers who receive and respond to your RFQ. As Aircondition.com.au is a conduit for matching buyers with suppliers, we are not responsible for any transaction that may occur between you and/or your company and a Aircondition.com.au participating supplier. Aircondition.com.au does not guarantee the quality, safety or legality of the information provided or the products and services sold. You should exercise as much caution as you would typically exercise with any purchase of products or services. Should you have a dispute with any supplier, you must address such dispute with the supplier directly. You hereby agree to release Aircondition.com.au (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes and your transactions with suppliers.

Aircondition Pty Ltd, subscribers and users may pay or receive commissions (including referral commissions) from your purchases at our websites to promote traffic, but no incentives or discounts are offered to replace or offset these. Nothing on our websites should be construed by you as an invitation by us or incentive from us to purchase any goods or services - any such purchase made by you is entirely at your choice.

World wide availability

Information Aircondition Pty Ltd publishes on the World Wide Web on its websites may contain references or cross references to Aircondition Trade directory products, programs and services that are not announced or available in your country or region. Such references do not imply that Aircondition Pty Ltd intends to announce such products, programs or services in your country or region. Consult your local Aircondition Pty Ltd business contact for information regarding the products, programs and services which may be available to you.

Aircondition Trade directory´s obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Aircondition Pty Ltd off one of its web sites that is provided without an agreement, that product or service is provided "AS-IS" with no warranties.

You agree not to hold Aircondition Trade directory liable for any loss or damage of any sort incurred as the result of use of any information contained within the listing from the database register or as the result of the presence of such information on the Site.

We do not accept any responsibility for any losses, damages, costs, expenses or liability whatever and however caused (including through negligence) which you may directly or indirectly incur suffer or sustain in connection with your access to and use of the Directory or access to, use of or reliance upon products, services or information contained or accessed through the Directory.

The businesses and associations / community groups listed in the Directory (the "entities") have their own terms and conditions and privacy policies. We recommend that, prior to entering into any dealing with such entities, you make yourself aware of the terms and conditions and privacy policies of the entities you wish to deal with.

In respect of your dealings with any entity listed in the Directory, your legal relationship is with that entity, not us. You acknowledge that, at times, The Aircondition.com.au website may be unavailable. You agree that The Aircondition.com.au will not be liable to you in the event that you are unable to access our website. While we will do our best to ensure the constant availability of our website, we cannot guarantee that it will always be available. We may be forced to take the website off-line for maintenance, or it may suffer a failure of some type caused by events beyond our control. To minimize interruptions to service, the health of our servers is monitored continuously and backup procedures are in place. Though an unavailable website may certainly be inconvenient, you can rest assured that we will be working diligently behind the scenes to restore service as soon as possible.

Back to top  

Advertising emails, Enzine - Newsletters

We may send You email communications including information that We may think may be of interest to You. You may opt out of receiving these email communications either when You register to become a subscriber Member. We do not send any of your Personally Identifiable Information to our advertisers. You may see a cookie from a third-party banner server, and this cookie comes from the third-party banner server, not Aircondition Trade directory websites. Again, we do not pass along any Personally Identifiable Information to this party.

'aircondition.com.au cool news' Newsletter -consumer monthly email

Consumers who sign up for a free 'coolnews.com.au email will receive a regular monthly email newsletter with the latest what's new, best buy specials, recommendation, suggestions and issues from subscribers, useful links and tips.

'Good News' subscribers Newsletter

Subscribers receive a Bi-weekly email 'Good News' newsletter free with the latest; what's new benefits, specials + survey competition from suppliers (trade and non trade) best buys, marketing trends, useful business links and tips. The newsletter can also be viewed online in the members' area.

From time to time, we may undertake promotions and make special offers in relation to the Directory ('Promotions'). All Promotions are offered subject to their own terms and conditions and may be withdrawn or altered at our discretion. The terms and conditions of a Promotion will override these Terms and Conditions to the extent of any inconsistency.

Responsibility for the content of advertising appearing on the Aircondition Trade Directory website and in Aircondition Trade Directory e-newsletters rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertiser's products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Back to top  

REFERRAL PROGRAM

Currenty not in use. This was set up for the pre launch period. We would be happy to speak to anyone interested in earning a referral commission for promotion new subscriptions.$20 referral sales commission is payable to anyone for each business (they refer to Aircondition.com.au) after signs up that pays an annual subscription as a Silver, Gold or VIP subscriber. To receive your referral commission you need to be nominated on the subscribers application form as the referrer. Only one commission fee is paid from each new annual subscription fee. Branches of companies can only be referred by the head office of the branches. No commission is payable for referring FREE or Bronze subscribers. Any Gold or VIP subscriber member who refers new GOLD or VIP paid members will receive an additional $10 endorsement credit bonus towards advertisement on the web site.

Back to top  

We may provide notices to you by simply posting the notice on the Website. This is in addition to any other mode of services permitted by law. Should any of our terms & conditions change substantively for some reason, or should they be liable to change because of some foreseeable event such as the pending sale of the company, each account holder will be notified by email prior to the change. At that time, or at any other time, you may reassess our policies and opt to remove your account completely and to stop using the directory. Small changes to a policy such as simple corrections or clarifications that do not impact the true substance of a policy will not be announced. Regardless of whether Aircondition Pty Ltd sends an email notification, you will be considered to have received a notice when it is made available to you by posting on the Site. All users are encouraged to check back as often as they like to review the latest revision. The effective date of the each policy always appears at the bottom of the page.

Back to top  

Our General Disclaimer as noted on our website for all visitors / users.

Aircondition Pty Ltd's goal is to search and index on the web all of the ANZ Air conditioning and associated businesses available to the public, thus providing the best possible source of results free and easy for all users. If we have added your business name to our data base and you don't want to be listed for the public, you can be removed by contacting us by email. Your use of this website constitutes acceptance of the aircondition.com.au terms & conditions and the Disclaimer of Liability of Aircondition Pty Ltd and its Aircondition Trade Directory and its websites to include but not limited to: http://www.aircondition.com.au/

As the Visitor (customer) you need to keep in mind and agree that use of the service and the content (for whatever purpose) is at your sole risk and is your responsibility to judge the accuracy or completeness of the content before relying on it in any way in it's entirely is at the user -visitor's own risk.

The website was never intended to take part in vital personal or business transactions. Those who use the website in this manner do so at their own risk.

Information and service in this web site are provided "as is" without any express or implied warranties either express or implied, including without limitation any warranty for information, services, uninterrupted access, merchantability, fitness for a particular purpose, and non-infringement or guarantee of accuracy or duplicate data, or any unlawful, offensive, otherwise objectionable content or completeness of the content or products provided through or in connection with the service, including without limitation the software licensed to the customer and the results obtained through the service available on this Aircondition Pty Ltd's websites. The statements made by or attributed to a party (subscriber, third party) are accurate or that the published address of any party is to the address at which a telephone call or email directed to that party is answered. Please refer any inaccuracies to the attention of our Online Advertiser Service Centre at customerservice@aircondition.com.au.

For simplicity, Aircondition Pty Ltd, Aircondition.com.au and Aircondition Trade directory have the same meaning in these Terms of use. The following are terms of a legal agreement between you the user of the website and we, our, www.aircondition.com.au and Aircondition Trade directory a trading name for Aircondition Pty Ltd.

To the extent permitted by law, neither Aircondition Pty Ltd and its website http://www.aircondition.com.au/ and its other websites and subsidiaries as owner or managing agent nor any of our officers, employees, agents or related bodies corporate will be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred suffered or sustained by you (user, visitor ,customer) or claims made against you, and you agree not to make any claim against us, due to or arising out of:

Any direct, consequential or other damages for use of this website or other hyper linked website excludes all liability of any kind (including negligence) in respect of any third party information or other material made available on, or which can be accessed using, this Website.

These Terms and Conditions constitutes the entire agreement between you and Aircondition Pty Ltd with respect to our websites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Aircondition Pty Ltd with respect to our websites

As a neutral facilitator, Aircondition Pty Ltd (Aircondition Trade directory, www.aircondition .com.au and its other websites =(Aircondition.com.au, Airconditionhomes.com.au,Airconditionhomes.com,airconditioner.net.au,air-conditioner.co.nz,auto-airconditioning.com.au,auto-airconditioning.co.nz,airconditioning-contractor.com.au, airconditioning-contractor.co.nz,airconditioning-heating.com.au,airconditioning-heating.net.nz,airconditioning-heating.org.nz,airconditioning-heating.co.nz,building-services.com.au,building-services.co.nz,insulation-contractor.com.au,insulation-contractor.co.nz,home-improvement.com.au,home-improvement.co.nz,electrical-contractor.co.nz,electrical-contractor.com.au,refrigeration-contractor.co.nz,refrigeration-contractor.com.au, and others as added from time to time) ) are not directly involved in the actual transactions between users of the Site. As a result, Aircondition Pty Ltd has no control over the truth, accuracy, quality, legality, or safety of postings made by users.

You are solely responsible for evaluating any goods or services offered by third parties via this Website or on the Internet. Trademarks on this site are the property of their respective owners.

If there is any inconsistency, duplication, or contradiction between the various terms and conditions that comprise these Terms and Conditions, then the Aircondition Trade Directory Terms and Conditions for Directory Listing prevail to the extent of any inconsistency or contradiction.

The failure of Aircondition Pty Ltd to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to use of the Aircondition Pty Ltd services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arises. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

By accessing, browsing and/or continuing to use this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations and all revisions thereof. If you do not agree to our Terms, STOP using the contact methods available on our web site and the web site itself now.

Aircondition Pty Ltd disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the AIRCONDITION TRADE DIRECTORY results. Aircondition Trade Directory disclaims any responsibility for the deletion, failure to store, misdeliver, or untimely delivery of any information or material. Aircondition Trade Directory disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the AIRCONDITION TRADE DIRECTORY or affiliated websites.

You expressly acknowledge and agree that Aircondition.com.au does not exert control over users of the Website including persons who enter Directory listings and is not liable for their behaviour including any information uploaded into the Directory that is illegal, offensive, defamatory, discriminatory, or in violation of third party rights. You further acknowledge that Aircondition.com.au has no responsibility for use of listings in its Directory by persons engaged in mass email or spamming activities.

As a user, you are also bound by the Aircondition Pty Ltd, Aircondition Trade Directory Privacy Statement, the Aircondition.com.au Copyright and Trade Mark Notice and any other terms contained on this website.

The contact and database information provided on our web site is expressly NOT for use for unsolicited emails or communication such as commercial solicitations, "spamming", junk mail, chain letters, employment inquires (unless otherwise stated), or other annoying communications.

You may NOT use our web site to build commercial databases, spam lists, or other solicitation lists. Use of any information collection tools such as email harvesters or other automated bots to collect contact info, email addresses, web sites, and other information other than purely for search engine purposes is strictly forbidden.

We cannot guarantee that Aircondition Trade Directory website search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Aircondition Trade Directory websites.

Aircondition Trade Directory websites and e-newsletters may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.

Similar to other third party content on Aircondition Trade Directory websites, we are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

You agree that you will not send any message or material that is unlawful, offensive, violates the rights of others, or violate the laws of the state of Queensland and Australia and New Zealand laws, the jurisdiction of the company being contacted, or your local jurisdiction. By using this web site your implicitly indemnify Aircondition.com.au its operators, its owners and partners from any harm you cause anyone within the AIRCONDITION.COM.AU. You alone take sole responsibility for your actions and for the contents of any posted messages you make through our web site.

Back to top  

Content disclaimer

Content means any information (including personal information), business name, trade name, trademark, design, logo, photograph, illustration, graphic, artwork or other material forming part of the Product which has been provided or may be provided in the future. Domain Name Terms and Conditions are any terms and conditions under which a domain name licence is issued from time to time by the domain name registration company indicated on the Domain Name Registration Form.

Aircondition Trade Directory is not a qualified adviser and this information has been prepared without taking into account any individual circumstances. Any information (other than a listing) contained on the Websites are general only. It does not purport to be comprehensive. It represents the views of the writer only and not the views of Aircondition Pty Ltd. We make no representations or warranties as to the accuracy of this information. You should seek advice from a professional adviser before relying on any of this information. This information is provided to Aircondition Trade Directory by its users, subscribers, advertisers, licensors and a range of other sources.

Aircondition Trade Directory has not checked the accuracy of the information and does not endorse the information, nor does it or its licensors accept any responsibility or liability for the accuracy of any information contained on this site. Where possible, the display of a map (from third party resources) showing the location of a subscriber's nominated place of business can be accessed on the Subscribers Biz card. We will make reasonable efforts to ensure this map is accurate; however we do not guarantee its accuracy.

All Maps and Map data content and materials relating to any maps included on or linked to the Websites are the copyright of the mapping provider.

Except as expressly permitted by these terms and conditions, the User (including subscribers) may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of the third party provider and or Aircondition Pty Ltd.

The contents available on this Website. Aircondition Pty Ltd's Aircondition Trade Directory and its website http://www.aircondition.com.au/ and its subsidiaries as owner or managing agent shall not be liable to any party for any direct, consequential or other damages for use of this website or other hyper linked website excludes all liability of any kind (including negligence) in respect of any third party information or other material made available on, or which can be accessed using, this Website. You are solely responsible for evaluating any goods or services offered by third parties via this Website or on the Internet. Trademarks on this site are the property of their respective owners.

Subscriber are required to read and understand all details and information in the Subscribers Features & Benefits you are entitled to receive as they become available during and after pre launch for your allocated Directory. Subscribers features referred to in the terms and conditions are in reference to features and benefits listed in the

http://www.aircondition.com.au/subscriber_benefits1.php

The material available through Aircondition Pty Ltd is provided by a variety of international, national and local private bodies. While this allows us to provide a more comprehensive service, it does result in some limitations. These limitations include the following:

You may view, copy or print pages from this site solely for personal, non-commercial purposes. Subscribers may copy and print and promote their Biz card online shop and promote and use the hyperlink in an acceptable business like manner. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this site without the express permission of Aircondition Pty Ltd. Aircondition Pty Ltd may at any time without notice make changes to this site or to the services of products described in this site.

Aircondition Trade directory assumes no responsibility regarding the accuracy of the information that is provided by Aircondition Trade directory and use of such information is at the recipient´s own risk. Aircondition Trade directory provides no assurances that any reported problems may be resolved with the use of any information that Aircondition Trade directory provides. By furnishing information, Aircondition Trade directory does not grant any licenses to any copyrights, patents or any other intellectual property rights.

Whilst Aircondition Pty Ltd pre-screens the subscribers by using a subscription form, we are unable and cannot and do not confirm the identity of users.

Aircondition Trade directory also does not confirm nor verify the qualifications, background, or abilities of users before allowing inclusion on the register. Therefore, we recommend that you exercise common sense and good judgment when dealing with any User on the Site.

Subscribers are rated by their subscription type, clients and site users. Aircondition Trade directory does not confirm or verify the qualifications, background, abilities, or availability of the subscriber or service providers listed.

Therefore, we recommend that you exercise common sense and good judgment when dealing with any service provider listed on the Site.

The material available may include views and recommendations of third parties, which do not necessarily reflect our views or indicate our commitment to a particular course of action. The fact that Aircondition Pty Ltd refers to a service or organisation in no way implies any form of endorsement by us of the products or services provided by that person or organisation.

There is no single agency responsible for dealings with business contact and product/services provision. In addition, different visitors may have very different business information and/or contact. For these reasons, it is not always possible to ensure that all information and contact relevant to your business requirements are available through Aircondition Pty Ltd's websites.

While we strive to provide a high quality service, these limitations mean that we cannot guarantee that the material available on the websites is accurate, complete, or up-to-date.

We do not provide, endorse or promote the products, services and information listed in the Directory.

We have not necessarily checked information listed in the Directory for accuracy or completeness and have not tested the suitability or quality of the products and services offered by the listed entities.

The details of some Directory Listings and the information contained in respect thereof may have been externally sourced by us and are posted in the Directory in an unsolicited manner.

This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors.

Information may be changed or updated without notice. Changes shall become effective immediately at the time of posting. Aircondition Trade directory may also make improvements and/or changes in the products, services and/or the programs described in this information at any time without notice.

You understand and agree that you download or otherwise obtain material or data through the use of the aircondition trade directories and websites at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

The material available through Aircondition Trade Directory Pty Ltd is provided to give visitors access to relevant contact and business information. You should be aware that in making this material available, we are not providing professional advice and accept no liability arising from reliance upon this material.

Back to top  

Intellectual Property -Copyright

All intellectual property rights in data, information and materials utilised in the Directories or on the Website. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property rights.

• You may save or print content from our website for your own use. You have our permission to display, copy, distribute, and print pages from our website provided that you maintain the copyright notice, do not use the content for commercial purposes, do not republish the content, and do not modify the content. For example, if you find a listing entry that may be helpful and wish you could keep the address and telephone information, you are free to save or print a copy.


• Aircondition.com.au logos, trademarks, and service marks are the property of Aircondition Pty Ltd, the owner of The Aircondition.com.au. These are the registered or unregistered property of Aircondition Pty Ltd; Aircondition.com.au,Aircondition.com.au logo, and associated domain names (Aircondition.com.au, Airconditionhomes.com.au,Airconditionhomes.com,airconditioner.net.au,air-conditioner.co.nz,auto-airconditioning.com.au,auto-airconditioning.co.nz,airconditioning-contractor.com.au, airconditioning-contractor.co.nz,airconditioning-heating.com.au,airconditioning-heating.net.nz,airconditioning-heating.org.nz,airconditioning-heating.co.nz,building-services.com.au,building-services.co.nz,insulation-contractor.com.au,insulation-contractor.co.nz,home-improvement.com.au,home-improvement.co.nz,electrical-contractor.co.nz,electrical-contractor.com.au,refrigeration-contractor.co.nz,refrigeration-contractor.com.au, and others as added from time to time) are service marks of Aircondition Pty Ltd Company in Australia and other countries. You may not copy, distribute, or reuse these items without our written permission except as outlined above for your own use.
• All other logos, trademarks, and service marks are the property of their respective owners. Logos, trademarks, and service marks belonging to other parties may appear at times on The Aircondition.com.au. These are the registered or unregistered property of their respective owners and are used by permission. You may not copy, distribute, or reuse these items without written permission from their respective owners except as outlined above for your own use.
• All pages on The Aircondition.com.au website are Copyright © 2007 Aircondition Pty Ltd Company. All rights reserved. All site content, including all page source and text, may not be copied, posted, or distributed in any way except as outlined above for your own use. The use of Aircondition.com.au content on any other web site without written permission is prohibited.
• You may hyperlink to The Aircondition.com.au website. The Aircondition.com.au grants limited rights to those who wish to reference its website from their website or in other media. Links to our website must be clearly identified as such. References to The Aircondition.com.au must not be fashioned so as to appear as an endorsement of the linking site by The Aircondition.com.au. Hyperlink references to our website may not be used in a manner that could be considered disparaging or negative. The Aircondition.com.au reserves the right to review all references to its site and withdraw the right to link to its site on a case-by-case basis. Third-party websites that link to The Aircondition.com.au do so with the understanding that permission to do so may be withdrawn at any time. The Aircondition.com.au cannot be aware of all websites that may link to it, either with or without permission, and it bears no responsibility for those sites that do.
• Unsolicited business proposals become the property of Aircondition Pty Ltd. Although we value customer input and appreciate good ideas, we cannot consider proposals for advertising, promotions, site design, logos, or new services in confidence. Doing so may cause problems when determining if an idea was provided by a proposal we received or developed in-house. If you do send us your concepts or ideas, it is with the understanding that your information will become the property of Aircondition Pty Ltd who may then use it freely without limitation with no compensation or attribution to you.

Back to top  

EMAIL COMPLIANCE WITH THE LAW

The following rules apply to Aircondition Pty Ltd users and listed businesses with respect to (a) email that contains Aircondition Pty Ltd served and/or tracked link, (b) email that directs recipient to an Aircondition Pty Ltd served and/or tracked link, (c) email sent to Aircondition Pty Ltd and/or other subscriber listed businesses of the Aircondition Pty Ltd website data network website data network for using the Directories to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email, or:

No Misleading Headers or Other Masking of Email Origin - An email may not include falsification of header information, false registrations for email accounts or IP addresses used in connection with email ads, and retransmissions of an email ad for the purpose of concealing its origin. A subject heading of the message likely would mislead a reasonable recipient as to the contents or subject matter of the message.

Email Ads Must Contain Clear Identification - Messages containing advertisements or solicitations must identify itself as such, and do so by "clear and conspicuous" means. Further, the sender must identify itself as the initiator and sender of the email including personal or company name, email and postal address. As a user or a listed business member of the Aircondition Pty Ltd data network, listed business members agree to comply with all laws. Accordingly, Aircondition Pty Ltd and its listed business members are not procuring or inducing any other listed business member or third party to promote or allow the promotion of Aircondition Pty Ltd or one of its listed business members in violation of the Act. Neither Aircondition Pty Ltd nor the person, whose goods or services are contained in a link served by Aircondition Pty Ltd, whether such link is in an email or the email recipient is directed to such link, shall be considered to have initiated such an email or to have been the sender of such an email.

Effective Method of Opt Out of Future Mailings - Senders of emails covered by the Act must give recipients an effective means of requesting not to receive future email ads from that sender. Effective means include: (a) giving the recipient the ability to send a reply message or other "Internet-based communication" (such as a link to a Web site where the recipient registers it opting) enabling the recipient to opt out of future emails from the sender, (b) keeping the opt out means used viable for at least 30 days after the original message is sent, and (c) ceasing transmission of email ads to that recipient no later than 7 business days after receipt of an opt out request.

No adding any email address from any of our domains to an auto responder, newsletter or mailing list without our specific permission -this constitutes spam

No Sale or Transfer of Opted out Email Addresses - Email senders, or any other person who is aware of an opt out request, are generally prohibited from selling or otherwise transferring email addresses of persons who have opted out.

No Sexually Oriented Material in Email Messages - Emails that contain sexually oriented material may not include an Aircondition Pty Ltd served and/or tracked link or direct the recipient to an Aircondition Pty Ltd served and/or tracked link.

No Random Generation of Email Addresses - You are responsible for knowing the source of your email list. No list and emailing may contain email addresses obtained by the use of a program for random generation of email addresses, and/or "scraping" web sites or online services ("harvesting addresses").

No Invalid Email Account Generation - Senders may not use scripts or other automated means to register for multiple email accounts or online user accounts from which to transmit emails.

No Unlawful Retransmission of Emails - Senders are prohibited from relaying or retransmitting emails from a computer or computer network that was accessed without authorization.

SPAM - Also see http://www.spamlaws.com/federal/108s877.html

Any user or listed business member that is a sender of an email that is in violation of the above rules and/or any law or regulation will result in your account being terminated, as our assumption must be that if you are doing it to us you are doing it to others without their permission as well and is required to indemnify and hold Aircondition Pty Ltd and the relevant Advertiser harmless due to the sender's act or omission in sending the email. In addition to termination of their account, any member who sends spam emails, and such action results in the termination of any Aircondition Pty Ltd domain hosting account, will be the recipient of legal action to recover monetary and incidental losses as a result of their action

Back to top  

In no event shall Aircondition Pty Ltd, Aircondition Trade directory, aircondition.com.au, its parent, subsidiaries, or affiliates, or their respective officers, directors, employees, representatives, or agents (the "Aircondition Pty Ltd directory Parties") be liable for direct, special, incidental, consequential, punitive, or indirect damages (including but not limited to, loss of data, use, or profits), however caused, whether for breach of contract, negligence, or otherwise, and whether or not Aircondition Pty Ltd has been advised of the possibility of any such damages.

You acknowledge that The Aircondition.com.au is not infallible. You agree that Aircondition Pty Ltd and it's websites will not be liable to you in the event that problems or errors occur during searches for or displays of listing information. While we have taken great care to design, build, and deploy a robust and correct website application, we cannot guarantee that it will always work without error. Defects may be present without our knowledge. We provide our users with a readily available forum for reporting problems via our Feedback form. Upon receipt of a problem report, we will quickly move to address it.

You acknowledge that the display of The Aircondition Pty Ltd and it's websites will vary depending upon the client used. In particular, you agree that Aircondition Pty Ltd will not be liable to you in the event that paid listing enhancements fail to render as expected on some client combinations, except the cash back via Premium Rewards voucher for the subscription fee for pre paid annual subscriptions. While Aircondition Pty Ltd has control over how its web pages are assembled at the server using standard HTML/ PHP and JavaScript, it has no control over the browser software, operating system, or hardware used at the client. It is these client components that are responsible for rendering the pages and controlling the user experience.

Although Aircondition.com.au has been tested on many of the most popular combinations of client components, it is not possible to validate the site against all combinations. Consequently, not all pages may render properly for all user/clients. Not all features may work properly for all clients. In particular, some listing enhancements may not appear as expected on some clients. Appearance enhancements such as larger font, bold, and italics may fail to render properly. Also, a particular colour used to enhance the Business Name or specials may not appear the same for all user/clients.

Under no circumstances shall aircondition trade directory or its licensors be liable to any user on account of that user's use or misuse of or reliance on the aircondition trade directory at aircondition.com.au or other Aircondition Pty Ltd websites. Arising from any claim relating to this agreement or the subject matter hereof such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Aircondition Pty Ltd's trade directories or its licensors have been advised of the possibility of such damages).

Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the aircondition trade directory, from inability to use the aircondition trade directory, or from the interruption, suspension, or termination of the aircondition trade directory (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Aircondition Pty Ltd trade directories websites or received through any links provided in the Aircondition Pty Ltd trade directory websites, as well as by reason of any information or advice received through or advertised on the Aircondition Pty Ltd trade directory websites or received through any links provided in the Aircondition Pty Ltd trade directory websites.

This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the aircondition trade directory or any information or merchandise that appears on, or is linked or related in any way to, the Aircondition Pty Ltd trade directories websites. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Without limiting the foregoing, under no circumstances shall Aircondition Pty Ltd Trade Directories websites or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance

You the user /visitor agree to defend, indemnify, and hold harmless Aircondition Pty Ltd Trade directories websites, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against Aircondition Pty Ltd Trade directory web sites for unsatisfactory performance of services listed on the Site, or Your violation of this Use Agreement.

Aircondition Pty Ltd Trade directory websites are not responsible for any liability related to the completion, timeliness, adequacy, and/or payment for services listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy, and/or payment for services should be directed to the appropriate service provider.

Neither aircondition trade directory nor any other party involved in creating, producing, or delivering the site (including, but not limited to, third party applications and site content) shall be liable for any incidental, special, consequential or indirect damages resulting from your access to, or use of, or inability to use the site and the site content, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we know of the possibility of such damage. In no event shall Aircondition Pty Ltd Trade directory websites' liability to you or any third party arising out of any use of this site exceed the annual subscription fee.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.

Back to top  

Indemnity

You must at all times indemnify us and our , subscribers, referral - affiliates and our suppliers and their respective officers, employees, contractors and agents ("those indemnified") from and against any loss, costs, expenses (including reasonable legal fees), claims, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statue or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, settlement, penalties, fines or other liability incurred or suffered by any of those indemnified arising out of Your use of the Directories and the Websites or breach of these Terms & Conditions.

Users (including Subscribers) shall indemnify Aircondition Pty Ltd, its officers, employees and agents in relation to defamation, liable, slander of title, infringement of copyright, infringement of trademarks or names of publication titles, unfair competition, breach of Trade Practices or Fair Trading legislation, violations of rights of privacy, confidential information, licenses, loyalty rights or other intellectual property rights.

If any of these Terms and Conditions are invalid or unenforceable, it will be struck out and the remaining terms will remain in force. We may assign or novate our rights and obligations under these Terms without Your consent.

If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.

Reservation of Rights; Limited Licenses

Aircondition Pty Ltd Trade directory websites and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. User acknowledges that the Aircondition Pty Ltd Trade directory websites logo and name are trademarks of Aircondition Pty Ltd Trade directory websites, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners.

Back to top  

Force Majeure

Excluding payment obligations, and without limiting the effects of Section 10 a. hereof, neither party shall be liable for delays or defaults in performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of terrorism, earthquakes, strikes, fire, flood, or electrical outages, or Company's inability to obtain labour or materials on time, any delay, failure, interruption or corruption of data or other transmission over any local exchange, interexchange or Internet backbone carrier lines or through routers, switches and other devices owned, maintained and serviced by any third party carrier or utility or Internet service provider beyond the control or jurisdiction of Company (an event of "Force Majeure").

If Advertiser's ability to transfer funds to Company has been materially negatively impacted by an event of Force Majeure, then Advertiser shall make every reasonable effort to make payments on a timely basis, but any delays caused by condition shall be excused for the duration of such condition. However, such excuse for delay shall in no way relieve Advertiser from any of its obligations as to the amount which would have been due and paid without such condition.

Back to top  

Exclusion of Warranties WARRANTY DISCLAIMER

YOU USE THE SITE AT YOUR RISK. We endeavour to provide a one stop convenient and functional Promotional Site for businesses in the Air-conditioning, Electrical, Refrigeration, Building Services and suppliers of products and services to these businesses, whilst providing a free search function for the consumer, all are provided "as is,"

You the user / customer agree and acknowledge to the fullest extent possible pursuant to applicable law that Aircondition Pty Ltd, Aircondition.com.au including it's other websites, third parties and its affiliates shall not be liable for damages arising from the operation, content, or use of this site and make no representations and expressly disclaim and our providers expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation all warranties, all responsibility or other assurance including for negligence expressed or implied

If a term is implied by law into these Terms & Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms & Conditions. However, our liability for breach of such term will be limited, at our option, to one or more of the following:

• Except where expressly provided by Aircondition Pty Ltd Trade group of directory websites, nothing in this User Terms and Agreement shall be construed to confer any license under any of Aircondition Pty Ltd Trade directory websites' or any third party's intellectual property rights, whether by estoppels, implication, or otherwise.
• Aircondition Pty Ltd Trade directory websites will not be, and our providers will not be, responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to, use of or browsing in our site or your downloading of any content, information, materials, data, text, images, video or audio from our site or (b) any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arises out of or is in any way connected with (i) any use of our websites or content, data, materials or information found therein, (ii) any failure or delay (including without limitation the use of or inability to use any component of our websites, or (iii) the performance or non performance by us or any provider, even if we have been or a provider has been advised of the possibility of damages to such parties or any other party.
• You agree that Aircondition Trade directory shall not be liable for damages arising from the operation, content, or non-infringement of proprietary rights and use of this site. Aircondition Pty Ltd expressly disclaim and our providers expressly disclaim:
• Our sites will be error-free, secure or uninterrupted, timeliness of any content, secure, or the server that operates it is free of viruses or other harmful components
• As to the accuracy, completeness of results or information that may be obtained from the site or as to the accuracy or reliability of any information obtained through the site all of which are provided on an "as is" basis..
• All warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and where permissible those arising by statute or otherwise in law or from a course of dealing or usage of trade.
• that the site (including, but not limited to, third party applications and site content) will meet user's requirements in relation to access or the extent of any access, or that the site will be uninterrupted
• Any warranty regarding any goods or services purchased or obtained through the site or any transactions entered into through the site to include the payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and in relation to services: the supply of the services again; or the payment of the cost of having the services supplied again.
• Any advice or information, whether oral or written, obtained by user from Aircondition Pty Ltd's trade directory websites or through the sites shall create any warranty not expressly made herein.
• Any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content on this site or any site linked to this site. that the This website contains information, text, graphics, and advertisements Content will be accurate, complete, up to date, reliable or suitable and that your access to this website will be uninterrupted or that this website or the server are free of viruses or any other harmful components.
• Disclaim any warranties regarding the security, reliability, timeliness, and performance of the aircondition trade directory. Aircondition trade directory and its licensors disclaim, any warranties for any information or advice obtained through the aircondition trade directory.
• Any warranties for services or goods received through or advertised on the aircondition trade directory or received through any links provided by the aircondition trade directory, as well as for any information or advice received through any links provided in the aircondition trade directory.
• As to the operation, quality or functionality of the site. Access to the site may be interrupted, restricted or delayed for any reason. RBI also does not give any warranty or other assurance as to the content of the material appearing on the site, its accuracy, completeness, timelessness or fitness for any particular purpose.
• For any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the site or any material appearing on Aircondition.com.au.com.au, or from any action or decision taken as a result of using Aircondition.com.au.com.au or any such material.
• Any links to external sites and is not responsible for and has no control over the content of such sites in relation to information on or accessible information available via hypertext link from Aircondition Pty Ltd websites is made available without responsibility on the part of Aircondition Pty Ltd.
• Applies to any damages or injury caused by any theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. We urge you to keep backup copies of material you maintain on or use with the Site.
• Our services are not liable for the defamatory, offensive or illegal conduct of other customers or third-parties and that the risk of injury from the foregoing rests entirely with customer.
• All web sites, products and services are provided, as is, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy or content of information, of merchantability and fitness for a particular purpose. Our company does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the web sites, products, services or written materials in the terms of correctness, accuracy, reliability, current-ness or otherwise.
• The entire risk as to the results and performance of the web sites, products and services are assumed by you. If the web sites, products, services or written materials are defective, you, and not our company, assume the entire cost of all necessary servicing, repair or correction. This is the only warrant of any kind, either express or implied, that is made by our company. No oral or written information or advice given by our company shall create a warranty or in any way increase the scope of this warranty and you may not rely on such information or advice to do so.
• As mentioned above, we remind you to be careful in your dealings with other users. Without limiting the foregoing, everything on the site (including, but not limited to, third party applications and site content) is provided to you "as is" and "as available" without warranty or condition of any kind, either express or implied, including, but not limited to, any implied warranties or conditions of title, merchantability, fitness for a particular purpose, or on-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
• If we breach the warranty set out in the terms and conditions, or any other conditions or warranties in the Contract or implied by law which cannot be excluded but which can be limited, then we, limit our liability (where it is fair and reasonable to do so) to either of the following (at our option): supply of the Product and services again, free of charge to You; or paying You the cost of having the Product supplied again.
• Users (including Subscribers) warrant that they have not relied on any representation made by Aircondition Pty Ltd which has not been expressly stated in these terms and conditions, or upon any descriptions, illustrations or specifications contained in any document including publicity material produced by Aircondition Pty Ltd or information provided on the Website.

Back to top  

Complaints - Disputes

Prior to resorting to any external dispute resolution process, you and we agree to use best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms and Conditions. Please notify us of any dispute you may have by Contacting Us .

Appealing Terms of Use Policy Users with legitimate reasons for going against our Terms of Use policy so can appeal to our Abuse Department

Back to top  

Contacting Us

If you have any questions in relation to privacy, please don't hesitate contact us:

• Via email: info@aircondition.com.au.
• By phone /fax: on (07) 3821 4855 between 9:00 am and 6:00 pm, Mondays to Friday. Direct your enquires to our Manager or,
• write to John Duggan Privacy Manager Aircondition Pty Ltd 15 Baythorn Drive, Thornlands 4164 Qld

Your addition of Your business to the Directory was conditional upon Your acceptance and compliance with these terms of use and any other specific conditions, notices and disclaimers contained in the Websites including the: Terms & Conditions, Privacy Policy & Refund policy

   Print      End of Terms of Use Document Reviewed 0608-2007

Back to top