CapyCool Terms of Service

Last updated: 17 September, 2024

1. Introduction

Welcome to CapyCool, operated by Be Capy Pty Ltd (ACN: 680 319 251). By accessing or using our websites (www.capycool.com.au or www.capycool.co) and our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our websites or services.

2. Definitions

• "Company", "we", "us", or "our" refers to Be Capy Pty Ltd, trading as CapyCool.
• "Website" refers to www.capycool.com.au and www.capycool.co.
• "Services" refers to all products, services, and content offered by CapyCool.
• "You" or "user" refers to the person or entity using our Website or Services.

3. Use of Website and Services

3.1. You must be at least 18 years old to use our Website and Services.

3.2. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.3. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

4. Products and Pricing

4.1. All product descriptions, specifications, and pricing are subject to change without notice.

4.2. We reserve the right to limit the quantity of items purchased per order, per person, or per household.

4.3. Prices are in Australian Dollars (AUD) unless otherwise specified.

5. Orders and Payment

5.1. All orders are subject to acceptance and availability. We reserve the right to refuse any order without giving reason.

5.2. Payment must be made at the time of order. We accept [list accepted payment methods].

5.3. By placing an order, you warrant that all information provided is true and accurate, that you are an authorized user of the payment method used, and that there are sufficient funds to cover the cost of the order.

6. Shipping and Delivery

6.1. Shipping costs and estimated delivery times will be provided at checkout.

6.2. We are not responsible for delays in delivery caused by circumstances beyond our control.

7. Returns and Refunds

7.1. Our returns and refunds policy is in accordance with Australian Consumer Law.

7.2. For detailed information on our returns and refunds process, please refer to our separate Returns and Refunds Policy.

8. Intellectual Property

8.1. All content on our Website, including text, graphics, logos, images, and software, is the property of CapyCool or its content suppliers and is protected by Australian and international copyright laws.

8.2. You may not use, reproduce, distribute, or create derivative works from this content without express written consent from CapyCool.

9. Limitation of Liability

9.1. To the fullest extent permitted by law, CapyCool shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

9.2. Our total liability for any claim arising out of or relating to these Terms or our products is limited to the amount paid by you for the product(s) giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless CapyCool, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from your use of the Website or Services.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our Website. Your continued use of our Website or Services after any changes indicates your acceptance of the new Terms.

13. Contact Information

If you have any questions about these Terms, please contact us at:

CapyCool (Be Capy Pty Ltd) L36 / 1 Macquarie Place Sydney, NSW 2000 Australia