Welcome to the website of Qld Cryogenics Group Pty Ltd (ACN 169 376 514) (“we“, “us” or the “Company“), trading as The Cryogenics Group is an Aboriginal owned and operated business that specialises in providing tailored gas supply solutions. The Company is 100% Australian owned & operated Supply Nation certified business.
This Website is located on the web via the domain https://www.thecryogroup.com.au/ and includes all of the files located in that domain (“this site” or the ” Website“).
By accessing this site, You agree to be bound by these terms of use (“Website Terms of Use“). These Website Terms of Use constitute a binding agreement between You and the Company and govern Your use of this site.
Privacy Policy
As part of these Website Terms of Use, Your use of this site is also subject to any Privacy Policy, which may be published on this site (if any). If published on this site the Privacy Policy is incorporated by reference into these Website Terms of Use.
Prohibited conduct
Your use of this site is subject to the rules set out in Schedule 1 below.
Violations of these Website Terms of Use
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
Indemnity
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
Orders Through The Website
You may submit an Order through the Website, but no payment for Orders are to be made through the Website. If Your Order is accepted then the Company may contact You to enter into a formal legally binding agreement if Your Order is accepted.
You acknowledge that submitting an Order does not automatically mean You have entered into a contract with the Company, unless that Order is formally accepted by the Company.
An Order Is An Offer to Purchase
By completing and submitting any information in connection with an Order, You agree to making an offer to Order Products which, if accepted by the Company, may result in a legally binding contract.
The Company does not have to accept Your Order, and for example, we may not accept Your Order if:
Subject to Binding Agreement
If an Order made through the Website is accepted by the Company then the Company may require You to enter into a legally binding written agreement for the supply of the Products Ordered pursuant to Your Order.
You agree that if a formal written agreement is entered into between You and the Company then that agreement shall prevail to the extent of any inconsistency between these Website Terms and Conditions and that agreement entered into.
Requirement for registration
The Company reserves the right to make any parts of this site accessible only to users who have registered.
User information
In order to register an account with this site, You must agree to these Website Terms of Use and provide the Company with:
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by You, including the information provided by You through our account registration module or entered into Your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Content supplied by third parties
This site may include an online portal that allows third parties to advertise goods and/or services and to upload information and other content directly to this site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
Third party goods/services and websites
We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at Your own risk and subject to their respective terms and conditions of use.
User acknowledgements
You acknowledge that the Company does not:
Disputes between users and suppliers
You are solely responsible for Your interactions with suppliers listed on this site and the Company is not a party to any transactions between You and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.
If You believe that any supplier from which You have purchased any goods or services through this site has failed to provide those goods or services to You, or that those goods or services did not meet Your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. The Company will not, however, act on Your behalf, or on behalf of any supplier, in respect of any dispute between You and a supplier.
Copyright
In these Website Terms of Use, the term “Proprietary Content” means:
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).
You may download and print out content from this site only for Your own personal and non-commercial use and provided that You do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
The Company’s logo is a trademark of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
User Content
In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site may contain some features that enable You and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that You upload, You:
Copyright claims
If You believe that our site contains any material that infringes upon any copyright that You hold or control, or that users are directed through a link on this site to a third party website that You believe is infringing upon any copyright that You hold or control, You may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
Exclusion of liability
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to You or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by You or any other person.
Remedies limited
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
Release
You agree that Your use of this site is at Your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that You may have against any of them arising from these Website Terms of Use or the use of this site by You or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
Interpretation
In these Website Terms of Use, the following rules of interpretation apply:
Notifications
The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into Your user control panel.
Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of Your rights or obligations under these Website Terms of Use without the Company’s prior written consent. Your registration with this site is personal to You and may not be sold or otherwise transferred to any other person.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to You.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by You or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation
The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean You accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site.
You may only vary or amend these Website Terms of Use by written agreement with the Company.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of Western Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts of appeal from them.
Definitions
Unless otherwise defined within this document, capitalised terms used are defined in these Website Terms of Use as follows:
“Product” means each product ordered on the Website.
“Order” means an order for purchasing a Product through the Website.
“Website” means the website operated by the Company at the domain address containing these terms and conditions being https://www.thecryogroup.com.au/.
“You” and/or “Your” means the person accessing this Website as a party to these Website Terms of Use.
Schedule 1 – Prohibited conduct
YOU MUST NOT:
The Cryogenics Group is a 100% Aboriginal owned tailored gas supply company established in 1993. We are Supply Nation certified and dedicated to excellence in cryogenic solutions for healthcare and industry.
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