OVERVIEW
Welcome to AC Hub! The terms “we”, “us” and “our” refer to AC Hub. AC Hub operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). AC Hub is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made efforts to provide an accurate representation of our products and services in our online store. However, colours or product appearance may differ from how they appear on your screen due to the device you use and its settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store.
Product descriptions may be changed at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. AC Hub reserves the right to accept or decline your order at its discretion. Your order is not accepted until AC Hub confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as AC Hub may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided when the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs or import charges.
Prices posted in our online store may differ from prices offered in physical stores or other stores operated by third parties. We may offer promotions through the Services that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when needed.
You represent and warrant that:
- The credit card information you provide is true, correct and complete
- You are authorised to use the credit card for the purchase
- Charges incurred by you will be honoured by your credit card company
- You will pay charges incurred at the posted prices, including shipping, handling charges and applicable taxes
SECTION 5 — SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our reasonable control.
Shipping options, charges, delivery areas and estimated timeframes are explained in our Shipping Policy and may depend on the product, postcode, stock availability and order confirmation.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and their design, selection and arrangement, are owned by AC Hub, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent.
Except as expressly provided, nothing in these Terms grants or shall be construed as granting a licence or other rights under any patent, trademark, copyright or other intellectual property belonging to AC Hub, Shopify or any third party. Unauthorised use of the Services may violate applicable intellectual property laws. All rights not expressly granted are reserved by AC Hub.
AC Hub’s names, logos, product and service names, designs and slogans are trademarks of AC Hub or its affiliates or licensors. You must not use such trademarks without prior written permission from AC Hub. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services are trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is at your own risk and discretion. You should ensure that you understand and approve the terms under which the relevant third-party providers supply those tools.
We may offer new features through the Services in the future, including new tools and resources. Such features will be considered part of the Services and will be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content provided through third-party websites. Please review the third party’s policies and practices before engaging in a transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
AC Hub is powered by Shopify, which enables us to provide the Services. However, sales and purchases made through our store are made directly with AC Hub.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and AC Hub, including injury, damage or loss resulting from purchased products and services. You release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with AC Hub, to the extent permitted by applicable law.
SECTION 10 — PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information submitted through the Services will be transmitted to and shared with Shopify and other service providers that may be located in countries other than where you reside. Review our Privacy Policy for details about how AC Hub, Shopify and our service providers process personal information.
SECTION 11 — FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial purposes.
We may use these rights to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.
You represent and warrant that:
- You own or possess all necessary rights to the Feedback
- You have disclosed any compensation or incentives received in connection with the Feedback
- Your Feedback complies with these Terms
We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.
We may monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, objectionable or in violation of another party’s intellectual property rights or these Terms.
You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, personality or other personal or proprietary rights. Your Feedback must not contain unlawful, abusive or obscene material, computer viruses or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person or mislead us or third parties about the origin of any Feedback. You are responsible for the Feedback you submit and its accuracy. We assume no liability for Feedback submitted by you or a third party.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Information available through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
- For an unlawful or malicious purpose
- To violate applicable international, federal, state, territorial or local laws or regulations
- To infringe our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage or intimidate another person
- To transmit false or misleading information
- To send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms
- To transmit unsolicited advertising or promotional material, including junk mail, chain letters or spam
- To impersonate or attempt to impersonate another person or entity
- To engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm AC Hub, Shopify or users of the Services
You also agree not to:
- Upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Services
- Collect or track the personal information of others
- Spam, phish, pharm, pretext, spider, crawl or scrape the Services
- Interfere with or circumvent the security features of the Services, related websites, other websites or the internet
We reserve the right to suspend, disable or terminate your account if we determine that you have violated these Terms.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services or any part thereof at our discretion, subject to applicable law. You will remain liable for amounts due up to and including the date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy and other provisions that by their nature should survive termination.
SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance placed on such information is at your own risk. We disclaim liability and responsibility arising from reliance placed on such materials by you, another visitor to the Services or anyone informed of their contents, to the extent permitted by applicable law.
Except as expressly stated by AC Hub and subject to rights that cannot legally be excluded, the Services and products offered through the Services are provided “as is” and “as available” without representations, warranties or conditions of any kind, either express or implied.
We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not permit the exclusion of implied or other warranties, so some of the exclusions above may not apply to you.
SECTION 16 — LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, AC Hub and its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, shall not be liable for direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Services or products obtained through the Services.
This may include lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages arising under contract, tort, including negligence, strict liability or otherwise, even if advised of the possibility of such damages.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified, including rights available under the Australian Consumer Law.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless AC Hub, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party arising from:
- Your breach of these Terms or documents incorporated by reference
- Your violation of applicable law or the rights of a third party
- Your access to and use of the Services
We will notify you of an indemnifiable claim. A failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including the choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.
SECTION 18 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be considered severed from these Terms and will not affect the validity or enforceability of the remaining provisions.
SECTION 19 — WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted through the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and AC Hub, including prior versions of these Terms.
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 — ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so without consent will be void.
We may transfer, assign or delegate these Terms and our rights and obligations subject to applicable law.
SECTION 21 — GOVERNING LAW
These Terms and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws applicable in New South Wales, Australia.
You and AC Hub submit to the jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts.
SECTION 22 — HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 23 — CHANGES TO THESE TERMS
You may review the current version of these Terms at any time on this page.
We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website. We will provide notice of material changes where required by applicable law. Changes will take effect on the date specified in the notice or when posted if no date is specified.
Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
AC Hub is the online trading name of Wholesale Air Conditioning Pty Ltd. AC Hub supplies air conditioning systems, HVAC components, accessories, spare parts and related products to residential, commercial and trade customers in Australia, subject to product and delivery availability.
Questions about these Terms should be sent to sales@achub.com.au.
Customer support enquiries are monitored during normal Australian business hours and we aim to respond to all enquiries as quickly as possible.