Terms of service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site. 

United Pacific Industries Pty Ltd ABN 65 050 278 361, trading as Thermoskin 

These Terms and Conditions ("Terms") govern the use of the website thermoskin.com ("Website") and the purchase of products from United Pacific Industries (UPI), trading as Thermoskin ("Thermoskin," "we," "our," or "us"). By accessing the Website and making a purchase, you agree to be bound by these Terms. Please read them carefully before using the Website or making a purchase. 

1. General Terms 

1.1 Acceptance of Terms: 

By accessing and using the Website, you agree to these Terms, including our Privacy Policy. If you do not agree to these Terms, please do not use the Website. 

1.2 Accuracy of Information: 

2. Product Orders and Payment 

2.1 Product Availability: 

Product availability is subject to change. We reserve the right to limit the quantities of any products we offer. All orders are subject to acceptance and availability. 

2.2 Pricing and Payment: 

All prices displayed on the Website are in the currency specified. Prices are inclusive of any applicable taxes, duties and exclusive of shipping costs unless otherwise stated. We accept various payment methods as indicated on the Website. Payment must be made in full at the time of purchase. 

2.3 Order Confirmation: 

Once you place an order, you will receive an email confirmation. This email is not a guarantee of acceptance of your order, as it is subject to verification and acceptance by us. We reserve the right to refuse or cancel any order for any reason. 

2.4 Shipping and Delivery: 

Shipping and delivery options, charges, and estimated delivery times will be specified during the checkout process. Please review our Shipping Policy for further details. 

 3. Returns and Refunds 

3.1 Return Policy: 

Please refer to our Return Policy for information on returning products for a refund or exchange. 

3.2 Refund Eligibility: 

Refunds are subject to the terms and conditions outlined in our Return Policy. Products must be returned in their original condition and packaging, accompanied by proof of purchase. 

3.3 Refund Process: 

Refunds will be issued using the original payment method and will be processed within a reasonable time frame after receiving the returned product. 

4. Intellectual Property 

4.1 Copyright 

 The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under Australian and other copyright laws and is the property of United Pacific Industries (UPI). The collective work includes works that are licensed to UPI.

Copyright 2012, UPI ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Thermoskin or purchasing Thermoskin products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or place an order with Thermoskin, or to purchase Thermoskin products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by Thermoskin. You further agree not to change or delete any proprietary notices from materials downloaded from the site. 

4.2 Trademarks 

All trademarks, service marks, and trade names of Thermoskin used on the site are trademarks or registered trademarks of UPI. 

4.3 Promotions 

All discounts displayed on the website Thermoskin do not include shipping costs and can not be used with any other offer. Each discount code is only valid for one use per transaction, unless specifically specified.  Discounts only apply to full-priced purchases. 

 4.4 Warranty Disclaimer 

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Thermoskin disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Thermoskin does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available is free of viruses or other harmful components. Thermoskin does not make any warrantees or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. 

 4.5 Limitation of Liability 

Thermoskin shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Thermoskin has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

4.6 Typographical Errors 

In the event that a Thermoskin product is mistakenly listed at an incorrect price, Thermoskin reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. Thermoskin reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Thermoskin shall issue a credit to your credit card account in the amount of the incorrect price. 

4.7 Termination 

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Thermoskin without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination. 

4.8 Notice 

Thermoskin may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to Thermoskin. 

4.9 Miscellaneous 

Your use of this site shall be governed in all respects by the laws of the state of Victoria, Australia without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Thermoskin products) shall be in the state or federal courts located in Victoria, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Thermoskin products) must be commenced within one (1) year after the claim or cause of action arises. Thermoskin's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Thermoskin may assign its rights and duties under this Agreement to any party at any time without notice. 

 4.9 Use of Site 

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Thermoskin or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. 

 4.10 Participation Disclaimer 

Thermoskin does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Thermoskin is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Thermoskin reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, or (c) in violation of a copyright, trademark, or; other intellectual property rights of another or (d) offensive or otherwise unacceptable to Thermoskin in its sole discretion. 

 4.11 Indemnification 

You agree to indemnify, defend, and hold harmless Thermoskin, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. 

4.12 Third-Party Links 

In an attempt to provide increased value to our visitors, Thermoskin may link to sites operated by third parties. However, even if the third party is affiliated with Thermoskin, Thermoskin has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Thermoskin. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Thermoskin seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites, it links to as well (including if a specific link does not work). 

5. Changes to Terms and Conditions 

We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective upon posting the revised Terms on the Website. Your continued use of the Website after the posting of any changes constitutes your acceptance of such changes. 

6. Contact Information 

If you have any questions or concerns regarding these Terms or any aspect of the Website, please contact us at: 
United Pacific Industries 
10 Eastspur Court 
Kilsyth VIC 3137 
Australia 
Phone: +61 3 97617599 
Toll-Free: 1800 188 019 (Australia Only) 
Email: enquires@upi.com.au 

The last update to this document was 22 May 2023.