Terms and Conditions

Last updated: 10 May 2024

 

Please read these terms and conditions carefully before using Our Service.

 

Interpretation and Definitions

Interpretation

 

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

 

For the purposes of these Terms and Conditions:

 

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Queensland, Australia
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Frosteez, 9 Mirani Cl, Durack QLD 4077.
  • Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
  • Goods refer to the items or scheduled appointments offered for sale on the Service.
  • Orders mean a request by You to purchase Goods from Us.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Frosteez, accessible from https://www.frosteez.com.au
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

 

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

 

Your Information

 

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your personal address.

 

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

 

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

 

Order Cancellation

 

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

 

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.

 

Non-Refundable Deposit 

 

By placing an Order for Goods through the Service, you shall pay a non-refundable deposit to the Company in the amount of $50 at the time of scheduling. The non-refundable deposit shall be applied towards the full price You agreed to when scheduling the Goods. If this Order fails to close for any reason other than default by the Company, or cancellation by You within the permitted time frame, the non-refundable deposit shall remain the property of the Company.

 

Your Order Cancellation Rights

 

You may cancel or reschedule an Order made by You without financial penalty so long as it is made prior to the day work is scheduled to be performed. Failure to show up for your scheduled appointment, or Orders cancelled or requested to be rescheduled on the same day as the Order is scheduled to be performed may be subject to the loss of Your non-refundable deposit or, a fee 50% of the value of the quoted work. We reserve the right to waive either of these fees at our discretion.

 

Availability, Errors and Inaccuracies

 

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

 

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. For accurate information relating to Goods and Services We offer, please contact Us directly.

 

Prices Policy

 

The Company reserves the right to revise its prices at any time prior to accepting an Order.

 

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order without being subject to the cancellation fee.

 

Payments

 

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, for example).

 

Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.

 

Communications

When you use Our Site, purchase a product or service, or send communications to Us through Our Site or by contacting Us directly by phone, email or text message, You are communicating with Us electronically. In by doing so, You consent to receive electronically any communications related to Your use of Our site or services, or for marketing purposes.

 

We may communicate with You by email, phone call, text message or by posting notices on Our Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Us intended for receipt by You shall be deemed delivered and effective when sent to the contact details You provided to Us.

 

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

 

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

Referrals Program

The Company offers a Referrals Program as a means to reward You for referring new customers to the Company. You cannot refer yourself and a new customer is a person who has not done business with the Company previously.

 

Rewards are provided to You in credits towards Our services when You refer a new customer that successfully completes a paid booking.  This is with the exception of vehicle "Diagnosis" and Call-out-fees which are exempt from earning credits. Credits are awarded once the referred customer has completed and paid for their booking.

 

Credits are applied automatically to your Frosteez account when you utilise Our built-in referral system through the Frosteez login portal. If you have referred a new customer using word of mouth, please contact our support team with the full name and contact details of the referred customer. We will contact them directly and credit you manually if we're able to verify your referral.

 

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

 

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

 

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

 

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

 

Upon termination, Your right to use the Service will cease immediately.

 

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

 

Frosteez Voluntary Repair or Replacement Warranty

Vehicle & Equipment Repairs & Service (Auto Mechanical)

 

We will warrant all new parts that We supply and fit for a period of:

 

  • Genuine parts. 12 months or 20,000 kms (whichever comes first)
  • Aftermarket parts. 12 months or 10,000 kms (whichever comes first).
  • Regas Warranty. 6 months for the air-conditioning refrigerant gas added by Us.
  • Fitment warranty. 3 months for labour performed by Us (see "General Warranty Terms" for full details).

 

Air Conditioning

 

All air conditioning systems with parts replaced by Us are pressure tested and checked for leaks and correct operation. When new parts are fitted to an air conditioning system and the system is pressurised, this may cause other older components to fail. Therefore, We cannot warrant any parts of an air conditioning system that We have not replaced.

 

Manufacturer’s Warranty – Replacement Parts

 

Extended warranty may be offered by a parts manufacturer in addition to Our Voluntary Repair or Replacement Warranty. Please ask for details if You would like to know more.

 

General Warranty Terms

 

Should any new, used or remanufactured part supplied by Us be incorrectly fitted or found to be defective during the relevant warranty period, We will rectify or replace that part at no charge. In the case of repairs, only parts repaired or replaced by Us will be considered under this warranty. Goods presented for repair may be replaced by refurbished goods of the same type or like for like Goods. Refurbished parts may be used to repair the Goods. This warranty does not cover any other costs, consequential losses, damages or loss of profits.

Our warranty does not extend to the following:

 

  • There has been any outside interference to the work carried out by Us.
  • The vehicle, machinery, equipment or part has not been used under normal operating conditions, has been used in extreme conditions or mistreated, including being in salt water, on minesites, overloaded, used in competition, involved in an accident or used in any way other than how it was designed by the manufacturer to be operated or used.
  • Damage by causes beyond Our control including but not limited to damage caused by continuing to operate after the defect is known, accidental or intentional damage, damage caused by repairs, installation or work carried out by any party other than Us.
  • Damage caused to other components or parts as a result of stress on those components by the appropriate repairs or part replacement performed by Us.
  • Parts supplied by the customer.
  • Environmental damage (including vehicle fluid leaks).
  • Slow gas leaks which are not detectable at the time of pressurising the air conditioning system.
  • Alteration, modification or removal of parts by anyone not authorised by Us;
  • Any work performed elsewhere (unless it has been expressly authorised by Us), We will not be liable to pay.

What to do if you have a problem

 

If a problem occurs during the warranty period, contact Us to advise of the fault. Arrange a convenient time and location for the vehicle, machinery, equipment or part to be inspected and provide your original tax invoice. We will then determine the validity of the warranty claim and, if deemed appropriate, organise for any refund, repairs or replacement to be carried out.

 

Governing Law

The laws of Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

 

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

 

Severability and Waiver

Severability

 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

 

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

 

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

 

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