PLEASE READ
THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS
SITE. Your use of this website is expressly
conditioned on your acceptance of the
following terms and conditions. By
using this website, you signify your
assent to these terms and conditions.
If you do not agree with any part of
the following terms and conditions,
you must not use this website.
Limited permission to view using a
browser and to cache is granted.
1. OWNERSHIP. This
website, and each of its components,
is the copyrighted
property of Gale Pacific USA, Inc.
("Gale Pacific"), and its
various third-party providers and distributors.
Portions of the content found on this
website may be owned by third-party
providers and distributors and is the
copyrighted work of the respective
third-party providers. None of the
content or data found on this website
may be reproduced, republished, distributed,
sold, transferred, or modified without
the express written permission of Gale
Pacific and its third-party providers
and distributors. In addition, the
trademarks, logos and service marks
displayed on this website (collectively,
the "Trademarks") are registered
and common law trademarks of Gale Pacific,
its affiliates, and various third parties.
Nothing contained on this website should
be construed as granting, by implication,
estoppel, or otherwise, any license
or right to use any of the Trademarks
without the written permission of Gale
Pacific or such other party that may
own the Trademark.
2. USE OF SITE. You may only use this website to browse
the content, make
inquiries to Gale Pacific, order Gale
Pacific products and not for any other
purposes. This site and the content
provided in this website may not be
copied, reproduced, republished, uploaded,
posted, transmitted or distributed
without the written permission of Gale
Pacific, except that you may download,
display and print one copy of the materials
presented on this website on a single
computer for your personal, non-commercial
use only. 'Deep-linking,' 'embedding'
or using analogous technology is strictly
prohibited unless specifically authorized
in writing. Unauthorized use of this
website and the materials contained
on this website may violate applicable
copyright, trademark or other intellectual
property laws or other laws. You must
retain all copyright and trademark
notices, and any other proprietary
notices, contained in the materials.
The use of such materials on any other
website or in any environment of networked
computers is prohibited. You are prohibited
from posting to or transmitting from
this website any unlawful, threatening,
libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane
material or any material that could
constitute or encourage conduct that
would be considered a criminal offense,
give rise to civil liability, or otherwise
violate any law. The links from this
website to any other websites are provided
for your information and convenience
only. Gale Pacific does not assume
any responsibility or liability with
respect to any website linked from
this website (or any website linking
to this website), including its content
and operation. Gale Pacific does not
review or monitor such links. A link
from this website to another website
(or a link from another website to
this website) does not constitute a
referral, endorsement, approval, advertising,
offer or solicitation with respect
to such website, its contents, or any
products or services advertised or
distributed through that website. While
this website may contain "links" to
other sites, we are not responsible
for the content or the privacy practices
employed by other sites. You agree
that you will not use any device, software
or other instrumentality to interfere
or attempt to interfere with the proper
working of this website, and that you
will not take any action that imposes
an unreasonable or disproportionately
large load on our infrastructure. In
addition, you agree that you will not
use any robot, spider, other automatic
device, or manual process to monitor
or copy our web pages or the content
contained herein, without the prior
express consent from an authorized
Gale Pacific (such consent is deemed
given for standard search engine technology
employed by Internet search web sites
to direct Internet users to this site).
3. AGE AND RESPONSIBILITY. You represent
that you are of sufficient legal age
to use this website and to create binding
legal obligations for any liability
you may incur as a result of the use
of this website. You understand that
you are financially responsible for
all uses of this website by you and
those using your login information.
4. PRIVACY. You represent that you
have read the Gale Pacific Privacy
Policy, the terms of which are incorporated
herein, and agree that the terms of
such policy are reasonable. You consent
to the use of any information submitted
to Gale Pacific by Gale Pacific and
its third-party providers and distributors
in accordance with the terms of and
for the purposes set forth in the Gale
Pacific Privacy Policy.
5. SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS. Please read the official rules that
accompany each special offer, coupon,
discount, contest and sweepstakes that
we may offer or conduct.
6. PASSWORDS. This website may provide
you with the ability to use usernames,
passwords, or other codes or devices
to gain access to certain portions
of this site ("access codes").
We may prohibit the use of such access
codes on your behalf by third parties
where we determine that such use interferes
with the operation of the website or
results in activities that are detrimental
to us. In addition, you agree to be
responsible for any activities conducted
using access codes assigned to you.
7. EXCLUSION OF WARRANTY. GALE PACIFIC
AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS
MAKE NO WARRANTY OF ANY KIND REGARDING
THIS SITE OR ANY MATERIALS PROVIDED
ON THIS SITE, ALL OF WHICH ARE PROVIDED
ON AN "AS IS" BASIS. GALE
PACIFIC AND ANY THIRD-PARTY PROVIDERS
DO NOT WARRANT THAT THIS WEBSITE WILL
BE FREE OF DEFECTS, VIRUS OR OTHER
HARMFUL ITEMS. GALE PACIFIC WILL NOT
BE LIABLE FOR ANY DAMAGES OR LOSS THAT
MAY RESULT FROM HACKING OR OTHER INFILTRATION
OF THIS WEBSITE OR THE GALE PACIFIC
COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS,
CURRENCY OR RELIABILITY OF ANY OF THE
CONTENT OR DATA FOUND ON THIS SITE
AND SUCH PARTIES EXPRESSLY DISCLAIM
ALL WARRANTIES AND CONDITIONS, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND THOSE ARISING
BY STATUTE OR OTHERWISE IN LAW OR FROM
A COURSE OF DEALING OR USAGE OF TRADE.
Although we strive to provide on this
website the latest developments relating
to our products and services, and other
information about our company, we do
not warrant the accuracy, effectiveness
and suitability of any information
contained in this website. Each person
assumes full responsibility and all
risks arising from use of this website
or from the passage of data across
the Internet which is not secure and
which is subject to impairments of
service and delays. The information
is presented "AS IS" and
may include technical inaccuracies
or typographical errors. Gale Pacific
may make additions, deletions, or modifications
to the Information at any time without
any prior notification.
8. LIMITATION OF LIABILITY. GALE PACIFIC
ASSUMES NO RESPONSIBILITY, AND SHALL
NOT BE LIABLE FOR, ANY DAMAGES TO,
OR VIRUSES THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT
OF YOUR ACCESS TO, USE OF, OR BROWSING
IN THIS WEBSITE OR YOUR DOWNLOADING
OF ANY MATERIALS, SOFTWARE, DATA, TEXT,
IMAGES, VIDEO, AUDIO OR OTHER MATERIAL
FROM THIS WEBSITE. IN NO EVENT SHALL
GALE PACIFIC OR ANY THIRD-PARTY PROVIDERS
OR DISTRIBUTORS BE LIABLE FOR ANY INJURY,
LOSS, CLAIM, DAMAGE, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO LOST
PROFITS OR LOST SAVINGS), WHETHER BASED
IN CONTRACT, TORT, STRICT LIABILITY,
OR OTHERWISE, WHICH ARISES OUT OF OR
IS IN ANY WAY CONNECTED WITH (i) ANY
USE OF THIS WEBSITE OR CONTENT FOUND
HEREIN, (ii) ANY FAILURE OR DELAY,
OR (iii) THE PERFORMANCE OR NON PERFORMANCE
BY GALE PACIFIC OR ANY THIRD-PARTY
PROVIDERS, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES
TO SUCH PARTIES OR ANY OTHER PARTY.
9. INDEMNIFICATION. You shall defend
and indemnify Gale Pacific and any
third-party providers and their officers,
directors, employees and agents from
and against any claim, cause of action
or demand, including without limitation
reasonable legal and accounting fees,
brought by third parties as a result
of your use of this website.
10. SUBMISSIONS. "Submissions" means
all comments, feedback, suggestions,
photos, e-mail and similar information
or materials that you submit to Gale
Pacific regarding the products or services
of Gale Pacific. Submissions will not
be confidential and will become the
property of Gale Pacific upon submission
to Gale Pacific. By providing any Submissions,
you agree to assign to Gale Pacific,
at no charge, all worldwide rights,
title and interest in copyrights and
other intellectual property rights
to the Submissions. You represent and
warrant that any Submission you provide
to Gale Pacific will be complete and
accurate. You acknowledge that you
are responsible for the Submissions
that you provide, and that you, not
Gale Pacific, have full responsibility
for the Submissions, including their
legality, reliability, appropriateness,
originality and copyright. Gale Pacific
does not prescreen or monitor any Submissions
as a matter of policy.
Except as expressly
stated and agreed upon in advance by
Gale Pacific, no
confidential relationship shall be
established in the event that any user
of this website should make any oral,
written or electronic communication
to Gale Pacific (such as feedback,
questions, comments, suggestions, ideas,
etc.). If any Gale Pacific website
requires or requests that such information
be provided, and that such information
contains personal identifying information
(e.g., name, address, phone number),
Gale Pacific shall obtain, use and
maintain it in a manner consistent
with our Privacy Policy. Otherwise,
such communication and any information
submitted therewith shall be considered
non-confidential, and Gale Pacific
shall be free to reproduce, publish
or otherwise use such information for
any purposes whatsoever including,
without limitation, the research, development,
manufacture, use or sale of products
incorporating such information. The
sender of any information to Gale Pacific
is fully responsible for its content,
including its truthfulness and accuracy
and its non-infringement of any other
person's proprietary or privacy rights.
11. PRODUCT AND SERVICE AVAILABILITY. Reference to any product or service
on the website does not constitute
an offer to sell or supply that product
or service and does not mean that the
product or service is available. Gale
Pacific manages all or portions of
the website from Florida, in the United
States of America. We in no way imply
that the materials on the website are
appropriate or available for use outside
of the United States and we may not
be able to fill your order if you require
shipping outside of the United States.
We cannot guarantee that a product
will actually ship right away, as inventory
can change significantly from day to
day. In rare cases, a product may be
in stock when you place your order,
and sold out by the time your order
is processed. If an item is in your
shopping cart when you place your order,
but is sold out by the time your order
is processed, we will notify you by
e-mail that your order will not be
filled and your credit card will not
be charged. You may also sign up for
our "E-mail Me When Available" service
and we will send you an email when
your product becomes available. All
information provided to us in connection
with our "E-mail Me When Available" service
is subject to our Privacy Policy.
12. COLORS. Gale Pacific attempts to
display the colors of our products
as accurately as possible. Nevertheless,
as the actual colors you see will depend
on your monitor, we cannot guarantee
that your monitor's display of any
color will be accurate.
13. BACKORDERS (OUT OF STOCK). Backordered
merchandise includes items that are
not currently in stock. In most cases,
these items are on order from our manufacturing
facilities or suppliers. In some cases,
we are researching or waiting for stock
information from one or more of our
suppliers.
Gale Pacific will make every effort
to get the item(s) back in stock as
soon as possible. If we have not been
able to locate and ship the item(s)
to you in 30 days, an order status
email will be sent to you. If for any
reason we determine that a backordered
item is no longer available, we will
cancel the item from your order and
notify you via email. We will not charge
your credit card until the item ships.
Therefore, your credit card needs no
adjustment upon order cancellation.
14. RETURNS. ALL ONLINE SALES ARE FINAL. If you receive a damaged or defective
item, please see our Warranty Policy
{provide link to Warranty Policy}.
15. PRICES AND AVAILABILITY. PRICES
AND AVAILABILITY OF THE PRODUCTS AND
SERVICES LISTED ON THE SITE ARE SUBJECT
TO CHANGE WITHOUT NOTICE. The listing,
description of, or reference to, a
product or service on the website does
not imply that the product or service
is presently available. If a product
or service is listed at an incorrect
price due to a typographical error,
error in pricing information received
from a supplier, or any other reason,
we shall have the right to refuse or
cancel any order placed for such product
or service at the incorrect price,
even if the order has been confirmed
and your credit card has been charged.
If your credit card has already been
charged for the purchase and your order
is cancelled, we shall promptly issue
a credit to your credit card account
in the amount of the charge.
16. ORDER ACCEPTANCE. Your receipt
of an electronic or other form of order
confirmation does not signify our acceptance
of your order, nor does it constitute
confirmation of our offer to sell.
We reserve the right at any time after
receipt of your order to accept or
decline your order for any reason or
for no reason at all. We reserve the
right at any time after receipt of
your order, without prior notice to
you, to supply less than the quantity
you ordered of any product or service.
We may require additional verifications
or information before accepting any
order.
17. SALES TAX. We will automatically
charge and withhold the applicable
sales tax for orders to be delivered
to addresses within Florida and California.
Each customer shall be solely responsible
for all sales taxes, or other taxes,
on orders shipped to any other state.
18. REGISTRATION AND SECURITY. If you
wish to purchase any products or use
certain services on the website, you
must open an account with us and provide
the required information to us. By
entering any information on the website,
you represent and warrant that: (i)
you are at least 18 years of age; (ii)
you are using your actual identity;
(iii) you have provided only true,
accurate, current and complete information;
and (iv) you will maintain and promptly
update the information that you provide
to keep it true, accurate, current
and complete. Additionally, you agree
to maintain the strict confidentiality
of your account and any passwords issued
to you for your use of or access to
the website or any portion thereof,
and you agree not to allow any other
entity to use any username(s) or password(s)
that are issued to you. You shall be
responsible for all activity that occurs
under your account or password. We
cannot and will not be liable for any
loss or damage arising from your failure
to comply with these obligations. All
information provided to us will be
used in accordance with our Privacy
Policy.
If you wish to cancel a username or
password, or if you become aware of
any loss, theft or unauthorized use
of a username or password, please notify
us immediately at info@coolaroousa.com.
We may delete or change any username
or password at any time and for any
reason.
19. PAYMENT. You are responsible for
any payments due for any products or
services ordered through your account.
If we do not receive payment from your
credit card issuer or its agents, you
agree to pay all amounts due to us.
You shall also be responsible for any
costs of collection for overdue payments.
20. SECURITIES ISSUES. The parent of
Gale Pacific is traded on the public
stock exchange in Australia. This website
and the information contained or referred
to herein does not constitute an offer
or a solicitation of an offer for the
purchase or sale of any securities.
This website may contain information
and press releases about and by Gale
Pacific. While information prepared
by us was believed to be accurate as
of the date so prepared, we disclaim
any duty or obligation to update such
information or to verify the accuracy
of information prepared by others and
we disclaim any relationship between
statements contained on this website
and forward-looking statements under
the securities laws, rules and regulations
of Australia.
21. RELATIONSHIP. Your use of this
website is independent of Gale Pacific
and not as an employee, agent, partner,
or joint venturer with Gale Pacific
for any purpose. We will permit our
independent sales representatives to
access portions of this website.
22. GOVERNING LAW. This Agreement and
its performance shall be governed by
the laws of the State of Florida, United
States of America, without regard to
its conflict of laws provisions. You
consent and submit to the exclusive
jurisdiction of the state and federal
courts located in the State of Florida,
United States of America, in all questions
and controversies arising out of your
use of this website and this Agreement.
23. ASSIGNMENT. You may not assign,
convey, subcontract or delegate your
rights, duties or obligations hereunder.
24. MODIFICATION. Gale Pacific may
at any time modify these Terms of Use
in our discretion without notice. Your
use of this website will be conditioned
upon the Terms of Use posted on our
site at the time of your use. Please
be sure to review our Privacy Policy
before proceeding to use our website.
25. ADDITIONAL TERMS. Additional terms
and conditions may apply to purchases
of goods and services and other uses
of portions of this website, and you
agree to abide by such other terms
and conditions.
26. SEVERABILITY. These terms and conditions
shall be deemed severable. In the event
that any provision is determined to
be unenforceable or invalid, such provision
shall nonetheless be enforced to the
fullest extent permitted by applicable
law, and such determination shall not
affect the validity and enforceability
of any other remaining provisions.
27. HEADINGS. The heading used in these
Terms and Conditions are included by
convenience only and will not limit
or otherwise affect these Terms and
Conditions.
28. ENTIRE AGREEMENT. These terms and
conditions, together with those incorporated
herein or referred to herein constitute
the entire agreement between us relating
to the subject matter hereof, and supersedes
any prior understandings or agreements
(whether oral or written) regarding
the subject matter, and may not be
amended or modified except in writing
or by making such amendments or modifications
available on this website.
29. DIGITAL MILLENNIUM COPYRIGHT
ACT AGENT. Gale Pacific respects the intellectual
property rights of others, and requires
that the people who use the website
do the same. If you believe that your
work has been copied in a way that
constitutes copyright infringement,
please forward the following information
to the Copyright Agent named below:
Your address, telephone number, and
email address;
A description of the copyrighted work
that you claim has been infringed;
A description of where the alleged
infringing material is located;
A statement by you that you have a
good faith belief that the disputed
use is not authorized by you, the copyright
owner, its agent, or the law;
An electronic or physical signature
of the person authorized to act on
behalf of the owner of the copyright
interest; and
A statement by you, made under penalty
of perjury, that the above information
is accurate and that you are the copyright
owner or authorized to act on behalf
of the copyright owner.
Donna Galante
Gale Pacific USA, Inc.
P.O. BOX 162625
Altamonte Springs, Florida 32716-2625
U.S.A.
Telephone: (407) 772-7900
Facsimile No.: (407) 772-7901
Email: donna.galante@galepacific.com
HOW TO CONTACT US. If you have any
comments or questions, please do not
hesitate to contact us at info@coolaroousa.com,
the phone number above or write us
at the address provided.
