Thermon Terms and Conditions ("Terms")

Last updated: May 20, 2015

Welcome to Thermon. We developed Thermon (the "Service") to make it easy for you (the "Customer") to monitor temperature reading and receive alerts when someone isn't right, so you can focus on your own product or service.

1 Introduction

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.thermon.co website (the "Service" or "Website") operated by Thermon ("us", "we", or "our"). These Terms and Conditions govern the use of the website and service provided by Thermon.

2 Acceptance The Use Of Thermon Terms and Conditions

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and the disclaimers contained in this notice. If you disagree with any part of the terms and conditions then you may not access the Service and notify Thermon immediately.

You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

3 License

Unless otherwise stated, Thermon and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:, without prior written permission

  • Republish material from this website (including republication on another website).
  • Sell, rent or sub-license material from the Website.
  • How any material from the website in public
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
  • Edit or otherwise modify any material on the website.
  • Redistribute material from this website except for content specifically and expressly made available for redistribution.
  • Attempt to circumvent access to the Services provided by us through a 3rd party service.

4 Acceptable Use

You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Service without express written consent from Thermon.

You must not use this website for any purposes related to marketing without express written consent from Thermon.

5 Restricted Access

Access to certain areas of the Website is restricted. We reserve the right to restrict access to areas of this website, or indeed this entire website, at our discretion.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

As a paid account holder you also acknowledge that we may send you transactional emails (e.g. temperature logs) as part of our service. You may request not to receive these emails at any time.

If you are provided with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

You are responsible for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

We may disable your user ID and password in sole discretion without notice or explanation.

6 Credit Card Details

Stripe provides the payment services to you on behalf of Thermon. We accept credit card payments via Visa, Mastercard and Amex through the Stripe internet payment service, which stores your credit card data.

Card data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Your payment transaction data is stored only as long as is necessary to complete your transaction. After that is complete, your transaction information is deleted.

For more insight, you may also want to read Stripe's Terms of Service  or Privacy Policy.

7 Terms of Payment

In respect of the Service supplied to you and unless and until you have paid in full for the Service, then all legal, beneficial and/or equitable title and ownership remains with Thermon.

You agree to pay us for all Services supplied within 14 days of an invoice being issued. Each payment must be made using a registered credit card, account credit or any other means approved by Thermon. Notwithstanding any dispute regarding the quality, quantity or condition of the Service supplied, the Customer must make due and full payment for the Services supplied and is not be entitled to deduct any monies by way of set-off or counterclaim or otherwise.

Receipt by Thermon of a cheque or other bill of exchange or promissory note will not be deemed payment until it is honoured or cleared.

Thermon reserves the right to charge you interest on monies outstanding after the due date for payment. Interest accrues from day to day on the balance of overdue monies at the rate calculated in accordance with the Supreme Court Act 1995. Interest shall be calculated on a daily basis from the date of default to the date of payment.

You hereby agree and accept that all costs, expenses and disbursements incurred by Thermon in pursuing you for payment of the monies owed the subject of any outstanding invoice, and any other monies arising from time to time (including but without limitation, debt collection agency fees, legal costs calculated on a solicitor and own client basis) may be recovered by us from you as a liquidated debt in a court of competent jurisdiction.

In the event the goods have been supplied by Thermon to you under an existing credit application that you have with Thermon, then the terms of that application shall apply.

8 Legal Advice

The contents of Thermon website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

All material contained on Thermon is provided without any or warranty of any kind. You use the material on Thermon at your own discretion

9 Change of Use

We reserve the right to:

  • Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Thermon shall not be liable to you for any such change or removal.
  • Alter these Terms and Conditions at any time and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
  • 10 Links to Third Party Websites

    Our Service may include links to third party websites that are controlled and maintained by others. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.

    We assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Thermon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

    We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

    Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

    1. You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing.
    2. You do not misrepresent your relationship with this website.
    3. The website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

    By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

    11 Copyright

    All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Thermon or otherwise used by Thermon as permitted by law.

    In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial use only.

    12 Disclaimers and Limitation of Liability

    The Website and Service is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Theron makes no representations or warranties in relation to this website or the information and materials provided on this website.

    Thermon makes no warranty that the functionality of the Website will be uninterrupted or the information presented is complete true accurate and error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

    Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation any legal, financial or medical matter you should consult an appropriate professional.

    13 Limitations of liability

    To the extent permitted by law, Thermon will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this Service:

    • For any indirect, special or consequential loss; or
    • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

    These limitations of liability apply even if Thermon has been expressly advised of the potential loss.

    Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Thermon for death or personal injury as a result of the negligence of Thermon or that of its employees or agents.

    14 Unenforceable provisions

    If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

    15 Indemnity

    You agree to indemnify and hold Thermon and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses (including without limitation legal expenses and any amounts paid by Thermon to a third party in settlement of a claim or dispute on the advice of Thermon"s legal advisers) in relation to any claims or actions brought against Thermon arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

    16 Reasonableness

    By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

    If you do not think they are reasonable, you must not use this Website our access the Service.

    17 Waiver

    If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

    18 Breaches of these terms and conditions

    Without prejudice to Thermon"s other rights under these terms and conditions, if you breach these terms and conditions in any way, Thermon may take such action as Thermon deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

    19 Termination

    We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

    All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

    Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

    All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    20 GOVERNING LAW

    These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and/or its respective states and you hereby submit to the exclusive jurisdiction of the Australian and/or state courts as appropriate and necessary.

    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

    21 Variation

    Thermon may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

    By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

    22 Assignment

    Thermon may transfer, sub-contract or otherwise deal with Thermon"s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

    23 Severance

    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful, invalid, illegal and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

    Contact Us

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