Terms & Conditions

Terms and Conditions

Last updated: 8 October 2024

Introduction

Welcome to Hotgas (the “Site”). These Terms and Conditions (“Terms”) govern your access to and use of our website, including any content, functionality, and services offered on or through Hotgas, operated by Hotcorp Pty Ltd Trading As Hotgas (“we,” “us,” or “our”). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the Site.

Definitions

For the purposes of these Terms:

• “User” or “you” refers to any individual or entity that accesses or uses the Site.
• “Customer” means the person/s buying the goods; paying for fees and/or services; as specified in any invoice, document or order.
• “Goods” means all Goods or Services supplied by Hotgas to the customer at their request.
• “Equipment” means all Equipment including cylinders and any accessories supplied by Hotgas to the customer (and where the context so permits shall include any supply of Services).
• “Price” means the Price payable for the Goods, services and/or fees as determined by Hotgas.
• “LPG” means the liquefied petroleum gas we deliver to your equipment at your premises.
• “Facility Fee” means the amount you pay us annually in advance for the maintenance of our equipment and for borrowing our equipment.
• “Content” refers to any text, images, multimedia, software, or other materials published on the Site.

User Obligations

By using this Site, you agree to the following:

• You will use the Site for lawful purposes only.
• You will not violate any applicable local, state, national, or international law or regulation.
• You will not misuse the Site, including by transmitting any harmful code, hacking the Site, or using it to spam or distribute malware.
• You will not attempt to gain unauthorized access to the Site’s infrastructure or systems.

Intellectual Property

All content, trademarks, logos, and other intellectual property displayed on the Site are the property of Hotcorp Pty Ltd Trading As Hotgas or our licensors, unless otherwise stated. You may not reproduce, distribute, modify, or create derivative works from any of the Content on the Site without our  express written permission.

Products & Services

Hotcorp Pty Ltd Trading As Hotgas offers products & services relating to Liquefied Petroleum Gas (LPG) only.

Our LPG services include:

• LPG vapour cylinders in 45kg, 18kg & 13.5kg – delivered and exchanged (we are required to connect to your gas system)
• Additionally, we can deliver and exchange 8.5kg & 4kg BBQ size cylinders (connection is optional for the customer – conditions apply)
• We also offer 15kg Aluminium forklift cylinders and 45kg liquid withdrawal cylinders (delivered and exchanged only, no connection available)
• We are a registered sales agent for Rinnai Australia Pty Ltd and can source various Hot Water Systems and Portable Heaters.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Account Registration

To access our services, you may be required to create an account with us. By creating an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Be responsible for all activities that occur under your account.
• We reserve the right to suspend or terminate your account if you violate these Terms.

Account Cancellation

It is your responsibility to advise us if you wish to close your account. You can contact us on info@hotgas.com.au or call our office at any time to cancel your account.

If you fail to cancel your account with us, we will continue to issue our annual fees in accordance with our terms of service.

Cylinders

Cylinders always remain the property of Hotgas unless stated otherwise.

You will pay a Facility Fee annually per cylinder to “borrow/rent” our equipment.

Upon cancellation of your account, we will request advice regarding our Hotgas cylinders and may arrange to collect from the premises listed on the account. You do not have permission to remove the cylinders from the address on the account at any time without permission by us.

If you require us to collect cylinder/s from the premises, we reserve the right to apply a service fee to your work order.

You agree to:

• care for the LPG and our cylinders safely, lawfully and in accordance with our reasonable safety directions to you;
• provide a safe and compliant site for the delivery and storage of LPG;
• inform us by telephone of any suspected gas leak from our Equipment;
• allow only us to refill our Equipment and only with LPG;
• advise us when you vacate your premises;
• preserve our ownership of our cylinders and not deliver our cylinders to anyone other than us. You will not relocate our cylinders anywhere else on, or away from, your premises;
• allow us safe and reasonable access to our cylinders on your premises, to allow us to connect, exchange, maintain, disconnect and repossess our Equipment; and
• accept ownership of, and risk in, the LPG upon delivery of the LPG to your premises.

We may not deliver LPG to you if you fail to meet any of the above Equipment or safety provisions.

We will only deliver LPG to your premises if there is adequate and safe access to your premises and to our Equipment or your equipment (as the case may be).

Pricing

We may change your pricing for LPG and the above services by notice to you from time to time, effective immediately from the date of the notice. Notice will be provided verbally if orders are placed via phone or emailed at time of order – prior to delivery.

Pricing is set based around commercial matters, including the application, volume, local competition and costs of supply. The rates applicable for LPG and services supplied to you are those current at the time of delivery. Our office will advise you of those rates on request.

Payments

You agree to pay us for LPG or the relevant service within fifteen (15) days from the date of our invoice to you, by the invoice due date, unless we enter a specific (or more restrictive) agreement which varies from these terms.

We accept payment in the following forms:

• Debit/Credit card over the phone (VISA, Mastercard)
• Cash or cheque to delivery driver/at our office
• Direct transfer to our bank account
• Online payments via SimplyPaid portal (VISA, Mastercard, AMEX and bank transfer)
• Direct Debit

In the case you are late paying us any money due, we reserve the right to refuse supply of LPG or services to you; or we may require you to pay for LPG prior to future delivery.

It is important for us to receive payment for the services rendered, therefore if payment is not received after reasonable attempts made by us, we further reserve the right contact a debt collection agency regarding your account. Fees and charges associated with using such agencies may be passed on to the customer.

Fees

To access our services, Facility Fees may be charged by us to cover the cost of maintenance, replacement and retesting of Hotgas owned cylinders. The Facility Fee will be applied on your initial delivery and then invoiced separately every 12 months.  If transferring from another gas supplier, we may waive payment for 3 months. Failure to make full payment may result in the retrieval of our cylinders, with notice provided. Facility Fees are nonrefundable and are payable annually for 12 months in advance.

Connection Fees are applicable to disconnect and connect a new BBQ cylinder (or smaller) if requested by you the customer. This fee is charged in addition to the LPG delivered by us. This service is optional and must be requested by you at time of order. This service is also subject to conditions. Please ask us for more information.

Service Fees apply to any trip that occurs outside the regular delivery schedule. It will be advised at time of order and agreed upon by you prior to delivery.

Failure to account for cylinder/s, which are in your possession, may result in a Replacement Fee charged to you to replace the cylinder/s owned by Hotgas.

Payment Fees are applicable to AMEX payments made via our SimplyPaid portal.

Other Fees or charges may apply and will be advised by us prior to delivery/purchase.

Refunds

Refunds on LPG can be issued for full cylinders returned to us. The returned cylinder/s are weighed at our depot and then arrangements for refunds will be made by our office. Please note that a Service Fee may be applied to collect the cylinders.

We do not refund partially used cylinders, we do not ‘buy back’ BBQ cylinders (8.5kg or 4kg) and all fees are non-refundable.

Complaints and Disputes

If you have a complaint or are dissatisfied with any aspect of the services provided by Hotcorp Pty Ltd Trading As Hotgas, please contact us immediately via info@hotgas.com.au or
(07) 5446 8777. We take all complaints seriously and will work to address your concerns promptly and efficiently.

Complaints Process

Upon receiving your complaint, we will acknowledge receipt within 2 working days and aim to resolve the issue within 5 working days. If the issue requires further investigation, we will inform you of the expected timeframe and keep you updated on progress.

Dispute Resolution

In the event of a dispute that cannot be resolved through our internal complaints process, we encourage both parties to first seek to resolve the matter through informal negotiations in good faith. If the dispute cannot be resolved through negotiations, either party may refer the matter to a neutral arbitration body or mediator for resolution before pursuing formal legal action.

Disclaimer of Liability

The Site and all services and Content provided on it are offered on an “as-is” and “as-available” basis without any warranties of any kind, either express or implied. We do not guarantee the accuracy, completeness, or timeliness of the information on the Site. Hotcorp Pty Ltd Trading As Hotgas is not responsible for any damages resulting from the use or inability to use the Site, including any loss of data, revenue, or profits.

User-Generated Content

By submitting any content (such as comments, posts, or reviews) to the Site, you:

Warrant that you have the right to submit such content and that it does not infringe on the rights of any third party.

Grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable license to use, reproduce, modify, publish, translate, distribute, and display such content on any platform or medium.

You retain ownership of any content you submit, but we reserve the right to remove or edit any user-generated content at our discretion.

Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share your personal information. By using the Site, you consent to our collection and use of your personal information as described in our Privacy Policy.

Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Hotcorp Pty Ltd Trading As Hotgas. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Hotcorp Pty Ltd Trading As Hotgas is not liable for any damages or losses caused by your use of any third-party website.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be subject to the exclusive jurisdiction of the courts in Queensland, Australia.

Amendments

We reserve the right to modify or replace these Terms at any time. If we make material changes, we will notify you by posting a notice on the Site or sending you an email. Your continued use of the Site after any such modifications constitutes your acceptance of the new Terms.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Hotgas, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Contact Us

If you have any questions about these Terms, please contact us at info@hotgas.com.au or (07) 5446 8777.

By using Hotcorp Pty Ltd Trading As Hotgas’ website you acknowledge that you have read and understood these Terms and agree to be bound by them.