Terms


Terms and Conditions


Zepher Transport Refrigeration Pty Ltd also known as Zepher Transport Refrigeration & Air-Conditioning Pty Ltd trading as The Trustee of the Phelan Trading Trust reserve the right to retain full ownership of all parts and associated items where an invoice has not been paid in full by the debtor.  All invoices are to be paid within the agreed trading terms, Cash Sale if no agreement or credit application completed, or 7 days from the date of invoice as per your agreed trading terms between yourself and Zepher Transport Refrigeration Pty Ltd, unless otherwise stated in your agreement.  All overdue invoices attract a finance charge of 2% after 60 calendar days from the date of invoice.  In the event of a default of payment, Zepher reserves the right to sell your debt to our debt recovery specialist.  All costs of collection, and or the inclusion of QCAT lodgement fees, any legal fees and associated court costs, will be payable by the debtor.

Terms of agreement

Your access to and/or use of this website ztr.com.au is conditional upon your acceptance and compliance with these terms and conditions. By accessing and using this website, you agree to be bound by these terms and conditions.

We have the right to change or discontinue these terms and conditions or any feature of this website at any time without reference to you. It is your responsibility to ensure you are aware of any changes to these terms and conditions each time you visit this website. These terms and conditions are in addition to and inclusive of any other terms that may apply to your card and all other technology or infrastructure used in conjunction with your card, and its use (both online and offline), which may be issued by us from time to time.

If there is any inconsistency between these terms and conditions and the terms and conditions of a suppliers or counterparts website, these terms and conditions will prevail to the extent of the inconsistency.

In using this website, you agree:

  • to recognise the electronic record of your visit to our website.

You acknowledge and agree that:

  • you may be required to indicate your acceptance and approval of information contained in any forms you submit online
  • we intend to rely on any forms and attached documents which you submit online as if they were received with signature in hardcopy form.

Minimum system requirements

When you access a secure part of this site, your enquiry across the internet is intended for professional purposes only.

Warranties and representations

We do not warrant or make any representations and exclude, to the maximum extent permitted by law, all liability as to the following:

  • that your system will meet the minimum requirements (as apply from time to time) to enable your use of this website
  • in relation to the speed of transmission data
  • that your use of this website will be uninterrupted
  • that material or services in this website are appropriate or available for use in countries outside Australia; or in relation to, or endorse, the quality or appropriateness of any other website which you may access through this website. We will not be liable to you or third parties for;
    • your system’s incapacity in using this website
    • interruptions or delays to the service whether beyond our control or not
    • any non-compliance with foreign and local laws if you use this site outside Australia
    • your use of other websites which you may access through this website including in relation to contracting viruses, worms, Trojan horses and other items of a destructive nature.

Disclaimer of liability

We disclaim and exclude, to the maximum extent permissible by law, any terms and conditions implied by law relating to any loss or damage that may be suffered by you as a result of you using this website.

Without limiting the above paragraph, we disclaim and exclude, to the maximum extent permissible by law, all warranties, express or implied, including without limitation any warranty as to the accuracy, quality, context, completeness, availability, reliability or suitability for any purpose, of any information contained in your personal information or accessed through this site.

You agree to release us from all responsibility and all liability in contract, or in tort, or pursuant to any other common law or statutory cause of action whatsoever (including without limitation, liability in negligence) arising under this agreement or in connection with your use of this site, for any loss or damage whether or not reasonably foreseeable, including but not limited to liability for an entity carrying out, or failing to carry out, any activity described in, or contemplated by, any document published by us relating to this website.

Indemnity

You agree to indemnify us and our officers, employees, agents and contractors (including sub-contractors) (‘those indemnified’) from and against all actions, proceedings, claims demands, costs (including all reasonable legal costs and all reasonable costs associated with defending those indemnified), losses, damages and expenses, and any direct, indirect, incidental or consequential loss or damage, including those arising out of the terms of any settlement, which:

  • may be brought against or made upon those indemnified; and
  • those indemnified may incur on their own behalf or sustain as a result of a third party claim, arising out of or as a consequence of
    • your use of this website
    • any breach of this agreement by you; or
    • any wilful, unlawful, or negligent act or omission by you relating in any way to this site. You acknowledge that this indemnity will continue to take effect after this agreement has been terminated.

Australian Units

Time is provided in Australian Eastern Standard Time (AEST) as it exists in Brisbane, Australia (GMT + 10:00). Please note that Brisbane does not have daylight saving time during summer.

Intellectual property and copyright

© Zepher Transport Refrigeration & Air Conditioning Pty Ltd 2002

Zepher Transport Refrigeration supports and encourages the distribution of its material.

Material on this website may be licensed under a specified licence, which then governs its use. The use of other Zepher Transport Refrigeration Pty Ltd material, including the Zepher Transport logo and trade mark protected material is governed by the CC BY licences.

Linked material available on other Zepher Transport Refrigeration websites

A user of this website who uses the links provided to another Zepher Transport Refrigeration Pty Ltd’s suppliers or counterparts website and material available on or through there, acknowledges and agrees that the terms of use, including licence terms, set out on the other suppliers or counterparts website, may apply to the use of those materials.

Use of this website

This website is made available only for your personal information. As a user of this website, you agree not to use this website's data to provide or facilitate direct online access to any other person. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

You must not provide false or misleading information to us or it may result in prosecution and civil or criminal penalties.

Your personal information

We collect and manage your personal information as described on this page, unless stated otherwise. 'Personal information' may include your name, address, phone number, email address, age, gender, your employer, and your position title for the use of servicing enquiries, estimations and or quotes to obtain our professional services.

When using websites

When you visit this website, our server makes a record of your visit and logs the following information for statistical purposes only:

  • the user's server address
  • the user's top level domain name (.com, .gov, .au, etc.)
  • the date and time you visited the website
  • the pages accessed and documents downloaded
  • the previous site visited
  • the type of browser you use.

No attempt will be made to identify users or their browsing activities except in the unlikely event of an investigation, where a law enforcement agency may request inspection of the activity logs, through appropriate legal processes.

If you give your personal information to us for us to provide a professional service to you, you authorise us to use that personal information as necessary to provide the professional service to you, including in conjunction with other personal information you have provided to us.

Your emails

If you choose to supply an email address and/or mobile phone/SMS device number, you consent to the use of that information for the purposes for which you provided it including:

  • issuing you with an online access code
  • responding to your enquiries
  • processing your transaction
  • sending you information, notices, reminders or updates on our products and professional services.

Email messages may be monitored by the department's web team for system troubleshooting and maintenance purposes.

Your name and address details will not be disclosed to a third party without your consent unless required or authorised to do so by law.

Cookies

This site may use cookies to retain preferences during your visit to our website so they can be used next time you visit the website, and to collect anonymous statistical information. Cookies used on this website are non-harmful and do not attempt to identify individual users.

Security

Zepher Transport Refrigeration Pty Ltd will use all reasonable endeavours to ensure that your information is not corrupted or changed.

Zepher Transport Refrigeration Pty Ltd is responsible for:

  • the security of information while it is collected by, stored on or passing through the system; and
  • the security of the links from the Zepher Transport Refrigeration Pty Ltd’s system to systems under the control of Zepher Transport Refrigeration Pty Ltd management and our database is not available to third parties.

 As a User of our website you are responsible for:

  • protecting your computer with anti-virus, anti-spyware, firewall and anti-spam software, and keeping this software current
  • not opening links in emails or attachments if you do not know the sender or are not expecting an email from the system
  • only downloading files from trusted internet sites.

 

This website does not provide facilities for securely transmitting information across the internet. We recognise that there can be risks with transmitting information across the internet.

 

This website contains links to non-Zepher Transport Refrigeration Pty Ltd websites. Zepher Transport Refrigeration Pty Ltd is not responsible for the privacy or security practices or the content of such websites.

Governing law

This agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia.

This agreement

This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

Waiver

None of these terms and conditions will be taken to be waived except by written notice signed by you and us.

Contact us

If you have any questions regarding our terms and conditions or if you encounter any problems with this site, please contact us.