Terms of service

CoolHed is a product which activates the vagus nerve and cools the head to reduce and minimise stress in the human body (the Services). In order to provide you with the best user experience and protect your interests, especially when engaging with our Services, we require all users of the Site and/or App to comply with the following Terms of Use and the Privacy Policy.

Agreement

These Terms of Use set out how CoolHed Pty Ltd ACN 673 334 588 of 14 Eagle Avenue, Burleigh Waters QLD 4220 (“CoolHed”, “we”, “us”) operates and the manner in which you must engage with us if you choose to engage with us. They apply to our website (https://www.coolhed.com) and all related websites, applications, Services and tools (the Site and/or App).
By visiting or using the Site and/or App, you agree to be bound by these Terms of Use, our Privacy Policy, and any other terms, conditions, notices and disclaimers displayed on the Site and/or App relating to your use of the Site and/or App (together, the Terms of Use). You must be over 18 years of age to use CoolHed or have express parental/guardian consent, whereby your parent/guardian also agrees to abide by our policies and terms and indemnify us for your or their breach of any policies or terms.
We may change the Terms of Use at any time. If we do, an amended version will be posted on the Site and/or App. You are responsible for regularly reviewing the Terms of Use. Your continued use of the Site and/or App after any changes are made constitutes your acceptance of those changes. If you object to any changes to the Terms of Use, or become dissatisfied with our Services or the Site and/or App, your sole remedy is to immediately discontinue use of our Services and the Site and/or App and/or terminate your engagement with our Services in accordance with these Terms of Use.

Services and Features

We will charge you for purchase of the product and may offer additional services in the future that are complimentary to the products. We reserve the right to change fees from time to time without notification to you. You are solely responsible for reviewing pricing on the Website, and your ongoing use of the Services is deemed acceptance of the pricing that applies at that time.
To the extent permitted by the Australian Consumer Law and any other relevant law, we do not warrant that the products or Services will be fit for purpose or of a particular merchantable quality. We do not facilitate refunds for change of mind.
Additional terms and conditions relating to any future features and services (including pricing for any future chargeable services) will be made available on the Site and/or App. Any such additional terms and conditions form part of the Terms of Use, and your ongoing use of the Site and/or App will be deemed acceptance of the most recent version, including any modifications or additions. Where possible, we will try to email you updates and product news; please ensure your email address is current.
Should we implement a chargeable service or feature, we reserve the right to change pricing at any time. If you are unhappy with a change in pricing, you are entitled to discontinue your use of the Site and/or App and terminate your engagement in accordance with these Terms of Use.
In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any relevant third party, to report such activity. You agree to work with us to determine the cause and assist us, if requested, to report and resolve the issue.
While we use reasonable endeavours to ensure that the Site and/or App is available 24 hours a day, we do not warrant that access will be uninterrupted or error-free. Access may be suspended temporarily without notice in the case of system failure, maintenance or repair, or any reason beyond our control.
We reserve the right to change or discontinue any service or feature of the Site and/or App, in whole or in part, at any time.
If the products are faulty or not performing to the standard described on the Website, you agree to contact us so that we may investigate and attempt to fix the situation.
Where you believe there is an issue in the Services you have purchased or they are significantly different from what you anticipated based on our marketing and/or information provided on the Site and/or App, please contact us so that we can reach a suitable outcome in compliance with the Australian Consumer Law.

Membership

By setting up a profile and engaging in our Services, you become a User of the Site and/or App (your membership). You cannot engage with our Services without becoming a User, setting up your basic profile and providing relevant data.
As a User, you may access features and Services available on the Site and/or App (including Services provided by CoolHed via the application—including any mobile application—emails we send you, information services, content, transaction capabilities, the ability to make purchases, and any chargeable service or feature that becomes available from time to time).
You remain responsible for the security of your account(s), including any additional account created by you or another member of your business. You hold CoolHed harmless for any compromise to your account due to your failure to maintain your own account security.
When registering, you must provide accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time via your Account page.
All personal information you provide will be treated in accordance with our Privacy Policy.
You are responsible for maintaining the confidentiality and security of your login and password and wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.

Online Payment Processing

If we use a third-party payment facility provider, you agree to operate in accordance with that provider’s terms (e.g., Stripe or similar online payment facilities).
We will not store your financial data (such as passwords or credit card numbers) on our website or systems. If you provide such details to Stripe or any other third-party payment facility, they are responsible for appropriate storage of your data. You hold us harmless for any loss or damage suffered as a direct result of your use of that gateway or facility.
We will use best endeavours to provide a third-party payment facility that is reasonably priced, secure and easy to use; however, we cannot warrant their services and reserve the right to change the third-party payment facility provider at any time without notice.
If you have an issue with Stripe or any future third-party payment facility, please contact us and we may assist where possible.

Use of the Site and/or App and Prohibited Activities

You agree not to use the Site and/or App, our social media applications, or any forum where we are active (or contact any other member of our Site and/or App) to:
a. defame, abuse, harass, stalk, threaten or otherwise offend others;
b. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming;
c. impersonate or create a profile for any person or entity;
d. promote, or provide information about, illegal activities or conduct;
e. promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
f. exploit any person under the age of 18, or solicit information from anyone under 18; or
g. solicit money, passwords or personal information from any person.
You also agree not to:
a. use any robot, spider, or other device or process to retrieve, index, or reproduce or circumvent the navigational structure or presentation of the Site and/or App;
b. “frame” or “mirror” any part of the Site and/or App without our prior written authorisation;
c. use code or other devices containing any reference to the Site and/or App to direct other persons to any other web page;
d. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site and/or App, or cause any other person to do so.
Unauthorised framing or linking to the Site and/or App is prohibited.
We have no obligation to monitor any User’s engagement with our Site and/or App; however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request and to ensure any User is acting in strict accordance with these Terms of Use and the Privacy Policy.

Intellectual Property

We (or our subsidiaries/associates) own and retain all proprietary rights in and relating to the Site and/or App. Proprietary rights in and relating to the Site and/or App must not be used in any way without our prior written consent.
You warrant that any content you post or transmit on the Site and/or App, or otherwise transmit to any other member or third party (including on social media or any forum online or in person), will not infringe the intellectual property rights of any third party.
Subject to our obligations under the Privacy Policy, you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or in part, your content posted on our social media applications or any forum online or in person when speaking about our Services or CoolHed in any capacity (directly or indirectly), and for any purpose. You warrant that you have the right to grant such rights.
No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or in part, any content posted or transmitted on our Site and/or App (other than their own content) without our express written permission.
If you believe that any content has been posted or transmitted on the Site and/or App, or otherwise transmitted to any member, in violation of your rights, please contact us via the Contact Us page.

External Activities

From time to time, we may promote, advertise or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).
External Activities may be subject to separate terms and conditions. You acknowledge that you participate in any External Activities entirely at your own risk.
In relation to External Activities conducted by any third party (even if contracted by us or associated with us), we do not accept liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation.
In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for these Terms of Use, might apply. To the extent our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.

Third-Party Websites, Apps and Integrations

From time to time, the Site and/or App may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site and/or App and are not under our control. We do not accept responsibility for the contents of any hyperlink or linked website. If you link to any third-party websites, you do so entirely at your own risk.
From time to time, the Site and/or App may feature or display third-party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
Given our Services integrate with several third-party providers, when you accept these Terms of Use you also agree to accept the terms of use and privacy policies for each integration partner (including, without limitation, Stripe for payments and Microsoft Teams for communication).

Limitation of Liability and Indemnity

You acknowledge that you use the Site and/or App at your own risk.
We are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site and/or App, or any other members’ or third-party suppliers’ use of or conduct in connection with the Site and/or App, in any circumstance.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site and/or App, including any breach by you of these Terms of Use.
To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for these Terms of Use, might apply in relation to your use of the Site and/or App. In particular, we do not warrant that the Site and/or App will be uninterrupted or error-free, or that any particular outcome will result from your use.
To the extent that our liability cannot be excluded by law, our maximum liability to you is limited to the total amount paid by you (if any) for any chargeable service or feature on the Site and/or App purchased by you during the term of your membership.
In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts or use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

Termination and Suspension

You may terminate your membership of the Site and/or App for any reason by providing written notice to us by:
a. selecting Cancel account within your Account settings and following the instructions;
b. mailing notice to our postal address listed on the About Us page; or
c. emailing us via the Contact Us page.
Upon receiving your request to terminate your account, we will raise a support ticket to manage the process.
We reserve the right to, without limitation, do any or all of the following in relation to your membership:
a. suspend your membership;
b. permanently or temporarily hide all or part of your member profile;
c. modify your member profile;
d. terminate your membership for any reason by providing notice to you by email;
e. terminate your membership immediately without notice if you have committed a breach of these Terms of Use;
f. deactivate your membership if you have not used the Site and/or App for a period of 12 months or more (from the date of last use); and/or
g. permanently or temporarily block your access to all or part of the Site and/or App.

General

No partnership, joint venture, employment or agency relationship exists between you and us as a result of these Terms of Use or your use of the Site and/or App.
These Terms of Use represent the entire agreement between you and us regarding your use of the Site and/or App. No other discussion, agreement, understanding or representation is relevant unless specifically addressed in these Terms of Use, the Privacy Policy, or any update to either in the future.
If any provision of these Terms of Use is held to be invalid, that provision may be severed and the remainder of the Terms of Use will continue in full force and effect.
These Terms of Use are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland and the courts of appeal therefrom.