Website terms of use

This website, www.totalheatexchange.com.au, is operated by Total Heat Exchange Pty Ltd (ABN 47 684 881 383, ACN 684 881 383) ("Total Heat Exchange", "we", "us"). By accessing or using this website you agree to these terms. If you do not agree to them, please do not use the site.

These terms cover your use of this website only. They are not our terms of trade. Work we carry out is supplied under a separate written agreement.

Changes to these terms and to the site

We may change these terms at any time by publishing the amended terms on this page. The date above shows when they were last revised. We may also change, suspend or withdraw the site, or any part of it, without notice.

What this site is for

This site gives general information about our business and the services we offer. Nothing on it is an offer capable of acceptance, and nothing on it creates a contract between you and us.

Nothing on this site is a quotation. We do not state or guarantee prices, rates, availability, response times or lead times here. Any price, scope or programme is given only in a written quotation or proposal issued for a particular site and scope of work.

Not technical advice

Information on this site about refrigerants, system types, plant configurations, controls, load calculations, energy efficiency, standards and plant selection is general information only. It is not engineering, technical, design, safety or regulatory advice for your site, your plant or your circumstances.

Refrigeration plant is hazardous. Ammonia and carbon dioxide systems, plant operating at pressure, plant containing flammable refrigerant, and the electrical work associated with them can cause serious injury or death and can destroy stock, product and property. This plant must only be worked on by people who are suitably licensed, qualified, trained and competent for that work.

You must not rely on this site to design, specify, commission, operate, isolate, service, repair or decommission any plant or system, or as a substitute for a risk assessment, the manufacturer's instructions, an applicable Australian Standard, or the advice of a qualified engineer or licensed tradesperson. Obtain advice specific to your site before you act on anything you read here.

Accuracy

We take reasonable care to make this site accurate when it is published. We do not warrant that it is accurate, complete or current. Blog posts and technical articles reflect the position as at the date they were written and are not updated as circumstances change.

Australian Standards, work health and safety requirements, electrical safety requirements and refrigerant rules change from time to time. Content that was correct when written may no longer be correct. Check the current requirement with the relevant authority or a qualified adviser.

Licences shown on this site

These are the licences and authorisations we hold and show on this site:

• ARC refrigerant trading authorisation AU066240
• NSW contractor licence 482228C
• Queensland Building and Construction Commission licence 15521469

They are stated as current as at the date shown on the page. Licences can change, lapse or be varied. You should verify the currency and scope of any licence with the issuing authority before you rely on it, including for prequalification or procurement. We will provide current licence documentation on request for a specific engagement.

Enquiries and the contact form

You can contact us through the enquiry form, by email or by phone. Sending an enquiry does not create a contract, does not oblige us to respond, attend site or quote, and does not create a service, maintenance or breakdown response agreement.

Urgent breakdowns must be phoned through on 0490 378 942. The enquiry form and our email inbox are not monitored continuously and are not a breakdown reporting channel. Do not use them to report a breakdown, a refrigerant leak, a plant failure, stock at risk or a safety incident. If there is a risk to life or property, contact emergency services first.

If you attach photographs or other files to an enquiry, you must have the right to send them to us and any consent needed from the site owner or occupier. Do not include personal, confidential or commercially sensitive material beyond what we need to understand and answer the enquiry, and do not send bank details, card details or passwords through the form.

We handle what you send us in line with our privacy policy. Internet transmission is not completely secure, and you send information to us at your own risk.

Acceptable use

You may use this site only for lawful purposes. You must not:

• scrape, crawl, harvest or extract content by automated means, other than by an ordinary search-engine crawler operating in accordance with this site's robots file
• interfere with, disrupt or overload the site, its servers or its networks, or introduce malicious code
• attempt to gain unauthorised access to the site, to any system or data connected with it, or to any part of it that is not publicly available
• use the site or the enquiry form to send spam or unlawful, misleading, threatening or infringing content
• misrepresent us, our services, our personnel or our licences, or hold yourself out as associated with or endorsed by us when you are not

We may block or restrict access to the site if we reasonably consider these terms have been breached, and we may report unlawful activity to the relevant authority.

Intellectual property

All content on this site, and the intellectual property rights in it, are owned by or licensed to us. This includes text, photographs, drawings, diagrams, tables, layout, video and software. The Total Heat Exchange name, our logo and our other marks are ours.

You may view the site and print single copies of pages for your own internal business or personal use. Otherwise you must not reproduce, republish, adapt, distribute or commercially exploit any of it without our written consent. In particular, you must not use our material — including our technical descriptions, drawings, photographs or licence details — in any tender, prequalification submission, proposal, advertisement or marketing material without our written consent.

Project photographs on this site may show customer sites and customer plant. They are published with permission for our own use and must not be copied, reused or republished.

If you believe content on this site infringes your rights, email dylan.logue@totalheatexchange.com.au and we will look into it promptly.

Links to other sites

This site may link to websites operated by others, such as manufacturers, standards bodies and regulators. Those links are for convenience only. We do not control or endorse those sites and we are not responsible for their content, products, availability, security or privacy practices. Using them is at your own risk and is governed by their own terms.

Availability

This site is provided on an "as is" and "as available" basis. We do not warrant that it will be available, uninterrupted, timely, secure or free from errors or harmful components. Access may be suspended at any time, including for maintenance or for reasons outside our control. You are responsible for your own equipment, connection and security arrangements.

Liability

Nothing in these terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including Schedule 2 to that Act (the Australian Consumer Law), or under any other law, where to do so would be unlawful.

Where we are entitled to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again and, for goods, to replacing or repairing the goods or paying the cost of doing so.

Subject to the two paragraphs above, and to the maximum extent permitted by law, we are not liable for any loss, damage, cost or expense arising out of your access to, use of or inability to use this site, or your reliance on anything on it. This includes loss of profit, loss of revenue, loss of opportunity, business interruption, plant downtime, loss or spoilage of stock or product, loss or corruption of data, and any indirect or consequential loss, however arising.

Indemnity

To the maximum extent permitted by law, you indemnify us and our officers, employees, contractors and agents against all liabilities, losses, damages, costs and expenses (including reasonable legal costs) arising out of your breach of these terms, your unlawful or improper use of this site, or any material you submit through it. The indemnity is reduced to the extent our own negligent act or omission contributed to the loss.

Privacy

Our privacy policy explains how we collect, use, disclose and store personal information, including what you send through the enquiry form. It forms part of these terms.

Security, payments and unsolicited email

Payment redirection fraud is common in the building and trade industries. We will never ask you for bank account details, card details or passwords by email, by text message or through this site.

Our bank account details appear only on a tax invoice issued by us. If you receive a message that appears to come from us notifying a change of bank details, or asking you to redirect or urgently pay to a different account, treat it as suspicious. Do not act on it and do not reply to it. Verify the details first by phoning 0490 378 942, using the number as published on this site and not a number contained in the message.

We do not accept unsolicited sales or recruitment approaches through the enquiry form. If you receive a message purporting to come from us that you believe is fraudulent, tell us on 0490 378 942 or at dylan.logue@totalheatexchange.com.au.

Governing law and general

These terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Queensland. If any part of these terms is or becomes void or unenforceable, it is severed and the rest continues in force. A failure or delay by us in exercising a right is not a waiver of it. You must not transfer your rights under these terms; we may transfer ours.

Contact us about these terms

If you have a question or a complaint about these terms or about this site, email dylan.logue@totalheatexchange.com.au or phone 0490 378 942.