Proven Air Conditioning - Terms and Conditions

OVERVIEW

This website is operated by Provenair. Throughout the site, the terms “we”, “us” and “our” refer to Provenair. Provenair offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Provenair, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Provenair and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - $0-$5,000 TERMS AND CONDITIONS

1. Definitions

1.1 “Proven” means Proven Air Pty Ltd T/A Proven Air Conditioning, its successors and assigns or any person acting on behalf of and with the
authority of Proven Air Pty Ltd T/A Proven Air Conditioning.
1.2 “Client” means the persons buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
1.3 “Goods” means all Goods or Services supplied by Proven to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Order” means the Order on these Terms & Conditions of Trade.
1.5 “Price” means the Price payable for the Goods as agreed between Proven and the Client in accordance with clause 4 below.
1.6 “Terms & Conditions of Trade” means these terms between Proven and Client being the only terms that apply and supersede any other discussion, reference or agreement. Client terms and conditions are superseded by these Terms & Conditions of Trade.

SECTION 21 - PROVEN PROTECTION PLAN TERMS AND CONDITIONS

RECITALS
A. This agreement provides for an air conditioning
system maintenance plan named the “Proven
Protection Plan” or “the Plan”.
B. “Proven Air Conditioning” agrees to provide a
service to the customer subject to the terms and
conditions in this agreement.
C. The customer agrees to pay for that service
subject to the terms and conditions below.
D. The service is to provide annual maintenance by
Us to specified air conditioning systems owned
by the residential customer and a warranty on
workmanship done by us on those systems.
OPERATIVE PART
1. Interpretation
This agreement is governed by the laws of New

South Wales and the parties submit to the non-
exclusive jurisdiction of the courts of that state.

In the interpretation of this agreement:
a) References to legislation or provisions of

legislation include changes or re-
enactments of the legislation and statutory

instruments and regulations issued under
the legislation;
b) Words denoting the singular include the
plural and vice versa, words denoting
individuals or persons include bodies
corporate and vice versa, words denoting
one gender include all genders and
references to documents or agreements
also mean those documents or agreements
as changed, novated or replaced, and
words denoting one gender include all
genders;
c) Grammatical forms of defined words or
phrases have corresponding meanings;
d) Parties must perform their obligations on
the dates and times fixed by reference to
the capital city of New South Wales;
e) Reference to an amount of money is a
reference to the amount in the lawful
currency of the Commonwealth of Australia;
f) If the day on or by which anything is to be
done is a Saturday, a Sunday or a public
holiday in the place in which it is to be done,
then it must be done on the next business
day;
g) References to a party are intended to bind
their heirs, executors, administrators,
successors and assigns;
h) Obligations under this agreement affecting
more than one party bind them jointly and
each of them severally;
i) “Member”, “You”, “Your” means a
person who is eligible for the Proven
Protection Plan and has paid any and all
fees due to be paid under the Plan; and
j) “We”, “Our” means Proven Air ABN 98
568 731 667 of 13 Clayton St Balmain NSW
2041 trading as “Proven Air Conditioning”.
2. Operative provisions
a) The Proven Protection Plan Membership
(“the Plan”) gives You the Member a
warranty on the workmanship that We have
completed and includes:
i. One general maintenance attendance
for the cooling and/or heating system/s
specified in this agreement in each 12
calendar months from the date of
signing the agreement at no cost to
You, and

ii. 10% discount on Your system for any
servicing and / or repair work (not
parts) required to keep the system
operating properly, and
iii. Eligibility for Our lifetime workmanship
warranty certification (for Members
who have signed on to the three or five year
plan only. Not available on one year
plans), and
iv. No charge will be incurred to You for
genuine dispatches on Monday to
Friday between 7:30am-3:00pm
(excluding public holidays and/or
national event holidays), and
v. Priority rate discount on after hours
emergency.
b) Moving home. If the Member moves from
one property to another during the three or
five year term of the agreement, the Plan
will be transferred once We receive the
following information about the new system:
brand, serial number, location on property,
and confirmation that the Member is the
owner occupier of the residential property.
3. Eligibility
a) In order to be eligible to take advantage of
the Plan and be a Member, You:
i. Must have signed an agreement for a
one, three or five-year plan, and
ii. membership must be fully paid either
by a monthly recurring fee or an annual
fee, and
b) Only residential customers who are owner
occupiers of the property on which the
system/s is/are located are eligible for
membership of the Plan.
4. Exclusions
a) The workmanship warranty does not
include:
i. Cleaning Your system free of charge or
ii. Maintenance free of charge except for
above at 2 (a) (i) or
iii. Repairs to damage caused by normal
wear and tear of the system or
iv. Repairs to damage caused by accident
or malicious damage or negligence by
You or a user of the system or
v. Issues that the Member knew about
and did not make us aware of in a
reasonable time and further damage
occurred that is now more expensive to
repair or
vi. Work done by persons other than Our
employees or
vii. Systems not specified in the
agreement (the agreement covers
specified air conditioning units only) or
viii. Systems that have been worked on by
persons other than Us, or
ix. Our lifetime workmanship warranty
certification for members on three year
plans), or
x. Plant or tree root growth and/or
associated pipe blockages and in
respect of any work carried out in
relation thereto.
5. Amendment
We may change or amend the terms and
conditions at any time and we will let you know
by sending an updated version of these terms
and conditions which will have the same effect
as this version of the terms and conditions.
6. Dispute resolution
If a dispute arises between the parties, the
complainant must not commence any court or
arbitration proceedings, except where that party
seeks urgent interlocutory relief, unless it has
first complied with this clause:
a) Notification
The complainant must inform the
respondent in writing of the following:

i. The nature of the dispute;
ii. The outcome the complainant desires,
and
iii. The action the complainant believes
will settle the dispute.
b) Endeavour to resolve dispute
On receipt of the complaint by the
respondent, both parties will make every
effort to resolve the dispute by mutual
negotiation within 14 business days.
c) Mediation
Any unresolved dispute or difference
whatsoever arising out of or in connection
with this contract shall be submitted to
mediation under the Mediation Rules of the
Resolution Institute.
d) Survival of this clause
This clause survives termination of this
deed.
7. Waiver
Any waiver by any party to a breach of this
agreement shall not be deemed to be a waiver
of a subsequent breach of the same or of a
different kind.
8. Events beyond control
Neither party shall be liable to the other party for
any loss caused by any failure to observe the
terms and conditions of this deed, where such
failure is occasioned by causes beyond its
reasonable control including but not limited to by
fire, flood, riot, strike, war, restrictions and
prohibitions or any other actions by any
government or semi government authorities.
9. Severance
If anything in this agreement is unenforceable,
illegal or void, it is severed and the rest of the
agreement remains in force.
10. Notices
A notice or other communication to a party must
be in writing and delivered to that party or that
party’s practitioner in one of the following ways:
a) Delivered personally; or
b) Posted to their address when it will be
treated as having been received on the
second business day after posting; or
c) Faxed to their facsimile number when it will
be treated as received when it is
transmitted; or
d) Sent by email to their email address when it
will be treated as received when it enters
the recipient’s information system.
EXECUTED AS AN AGREEMENT

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