Terms & Conditions

IceCap Cooling System

Effective Date: June 1, 2025

These Terms and Conditions ("Agreement") govern the sale, use, and all related aspects of the IceCap Cooling System (the "Product") manufactured and supplied by Ice Cap Australia PTY LTD, "we," "us," or "our"). By purchasing, possessing, or using the Product, you ("Customer" or "you") agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not purchase or use the Product.

1. Definitions

Product: Refers to the IceCap Cooling System hardware, including all its components, accessories, and any accompanying documentation.
PAPR Device: Refers to Powered Air Purifying Respirator devices with which the Product is designed to connect.
Intellectual Property (IP): Includes, but is not limited to, patents, utility models, designs, trademarks, logos, copyrights, trade secrets, know-how, and any other proprietary rights, whether registered or unregistered.
Australian Consumer Law (ACL): Refers to Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.

2. Product Use and Compatibility

2.1 The Product is designed to be used as an accessory to cool welding masks when connected to compatible PAPR Devices. It is not a standalone respiratory protection device.

2.2 It is the Customer's sole responsibility to ensure that the Product is compatible with their specific PAPR Device model. We do not warrant compatibility with all PAPR Devices, and compatibility information provided by us is for guidance only.

2.3 The Product must be used strictly in accordance with the accompanying user manual, warnings, and instructions. Failure to do so may result in malfunction, damage to the Product, or injury to the user, and will void any warranties.

3. Safety Warnings and Disclaimer of Medical Advice

3.1 WARNING: The Product is NOT a respiratory protection device. It does not filter air or provide protection against hazardous airborne contaminants. It must only be used in conjunction with a fully functional and approved PAPR Device that meets relevant safety standards.

3.2 Users must always comply with all applicable occupational health and safety regulations, including those pertaining to respiratory protection, welding safety, and personal protective equipment.

3.3 The Product is designed to provide cooling comfort. It does not prevent heat stress, heat stroke, or other heat-related illnesses. Users must take appropriate precautions to manage heat exposure in welding environments, including hydration, breaks, and monitoring for symptoms of heat-related illness.

3.4 Any information provided by us regarding the Product's cooling capabilities is for general guidance only and does not constitute medical advice. If you have any medical conditions or concerns, consult a healthcare professional before using the Product.

4. Purchase and Payment

4.1 All orders for the Product are subject to availability and acceptance by us.

4.2 Prices are as quoted on our website or as otherwise agreed in writing. Prices are in Australian Dollars (AUD) and include GST where applicable, unless otherwise stated.

4.3 Payment must be made in full before shipment of the Product, unless other payment terms have been expressly agreed upon in writing.

5. Shipping and Delivery

5.1 We will use reasonable endeavours to deliver the Product within the estimated timeframes. However, delivery dates are estimates only and we are not liable for any delays.

5.2 Risk of loss or damage to the Product passes to you upon delivery.

5.3 It is your responsibility to inspect the Product upon delivery and notify us of any damage or discrepancies within [e.g., 48 hours] of receipt.

6. Returns and Refunds

6.1 Your rights regarding returns and refunds are governed by the Australian Consumer Law.

6.2 If the Product has a major failure as defined by the ACL, you are entitled to a refund or replacement.

6.3 If the Product has a minor failure, we may choose to repair or replace the Product, or offer a refund.

6.4 We are not obligated to provide a refund or replacement if you simply change your mind, misuse the Product, or fail to follow our instructions and warnings.

7. Limited Warranty

7.1 We warrant that the Product will be free from defects in materials and workmanship under normal use for a period of [e.g., 12 months] from the date of purchase (the "Warranty Period").

7.2 This warranty does not cover: a) Normal wear and tear. b) Damage caused by misuse, abuse, negligence, accident, or improper storage. c) Damage caused by unauthorised modifications, repairs, or disassembly. d) Damage caused by using the Product with incompatible PAPR Devices or accessories. e) Consumable parts (e.g., filters, batteries, if applicable) unless defective at the time of purchase. f) Cosmetic damage that does not affect the functionality of the Product.

7.3 To make a warranty claim, you must notify us within the Warranty Period and provide proof of purchase. We may require you to return the Product for inspection.

7.4 Our liability under this warranty is limited to the repair or replacement of the defective Product, or at our option, a refund of the purchase price.

7.5 The benefits given to you by this warranty are in addition to other rights and remedies you have under a law in relation to the goods or services to which the warranty relates. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

8. Intellectual Property

8.1 All Intellectual Property rights in and to the Product, its design, specifications, software (if any), branding, logos, and all related documentation, are owned by or licensed to [Your Company Name].

8.2 You acknowledge that you acquire no Intellectual Property rights in the Product or any related materials by virtue of purchasing or using the Product.

8.3 You agree not to copy, reproduce, modify, adapt, reverse engineer, decompile, disassemble, or create derivative works from the Product or any of our Intellectual Property, nor assist any other person to do so.

8.4 Any unauthorised use of our Intellectual Property is strictly prohibited and may result in legal action.

9. Indemnification

You agree to indemnify, defend, and hold harmless [Your Company Name], its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or demands, including reasonable legal fees, arising out of or in connection with: a) Your misuse of the Product; b) Your breach of these Terms and Conditions; c) Your violation of any applicable law or the rights of a third party; d) Any injury, death, or property damage resulting from your use of the Product, except to the extent caused by our gross negligence or wilful misconduct.

10. Limitation of Liability

10.1 To the maximum extent permitted by law, and subject to clause 10.2, our total aggregate liability to you for any and all claims arising out of or in connection with the Product or these Terms and Conditions, whether in contract, tort (including negligence), statute, or otherwise, is limited to the purchase price paid by you for the Product.

10.2 Nothing in these Terms and Conditions excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other legislation which cannot be excluded, restricted, or modified by agreement. If the ACL applies, our liability for a breach of a consumer guarantee is limited, at our option, to: a) In the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired. b) In the case of services: the supplying of the services again; or the payment of the cost of having the services supplied again.

10.3 We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunity, or business interruption, arising out of or in connection with the Product or these Terms and Conditions, even if we have been advised of the possibility of such damages.

11. Governing Law and Jurisdiction

11.1 These Terms and Conditions are governed by and construed in accordance with the laws of [Your State/Territory in Australia, e.g., Victoria] and the Commonwealth of Australia.

11.2 You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Courts of Australia having jurisdiction in Victoria, and any courts which have jurisdiction to hear appeals from those courts.

12. General Provisions

12.1 Entire Agreement: This Agreement constitutes the entire agreement between you and us concerning the Product and supersedes all prior agreements, understandings, and representations, whether oral or written.

12.2 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect.

12.3 Waiver: Our failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision.

12.4 Assignment: You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign or transfer our rights and obligations without restriction.

12.5 Amendments: We reserve the right to amend these Terms and Conditions at any time by posting the revised terms on our website. Your continued use of the Product after such amendments constitutes your acceptance of the revised terms.

13. Contact Information

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

info@shopicecap.com