Terms and Conditions

Rental Terms and Conditions

Terms Updated 5th August 2026

1. About These Terms and Conditions

1.1. What these terms cover

These are the terms and conditions on which Cool Therapies Oceania Pty Ltd ABN 25 669 071 256 (referred to as we, us or CTO in these Terms and Conditions) supplies the ordered products (Products) to you on the basis that you are renting the Products from us.

In these Terms and Conditions, you or Customer refers to the person who is specified in the online ordering form that is completed by you to order the Products.

1.2. Why you should read them

Please read these terms carefully before you submit your order to us. These terms tell you how an order is placed and accepted, how we will provide the Products to you if an order is accepted, how you will pay for the Products, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss it.

1.3. We only supply to Australia

CTO is only able to supply the Products in Australia and our website is solely for the promotion of our Products in those territories. Unfortunately, we do not accept orders from outside Australia.

1.4. Australian Consumer Law

Nothing in these Terms and Conditions is to be read as excluding, restricting or modifying or is taken to have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy that is implied or conferred by:

the Australian Consumer Law or the Australian Competition and Consumer Act;
any other law that applies to this contract or the supply of the Products,

that cannot be lawfully excluded, restricted or modified.

1.5. How to contact us

You can contact us by telephoning our customer service team at 02 4914 8500 or emailing [email protected].

1.6. How we may contact you

If we have to contact you, we will do so by telephone or by writing to you at the email address that you have specified in the online ordering form that is completed by you to order the Products.

2. Entering Into a Contract With You

2.1. How we will accept your order

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us for the rental of the Products on these Terms and Conditions.

2.2. If we cannot accept your order

If we are unable to accept your order, we will inform you of this and will not charge you for the cost of the order. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3. Rental Period

3.1. You are renting the Products from us

The contract between CTO and you is for the rental of the Products for the period from dispatch of the Products until they are returned to CTO in accordance with these Terms and Conditions (Rental Period).

3.2. How is the Rental Period determined

In most cases, the Rental Period will be the period specified in the online ordering form that is completed by you to order the Products. However, if you fail to return the Products on time then the Rental Period will run until the Products are returned to us. The Rental Period may also be adjusted as set out in these Terms and Conditions.

3.3. Extension of the Rental Period

If you wish to extend the initial Rental Period, you must contact us and we must confirm the extension in writing at least 3 business days before the end of the period. If we do not agree to extend the Rental Period, the Products must be made available for collection by us as set out in these Terms and Conditions prior to the end of the initial Rental Period.

4. Charges and Payment

4.1. Where to find the charges for the Products

The rental charges and delivery and return costs for the Products (inclusive of GST) will generally be the total charges indicated on the order page when you place your order.

4.2. Additional Charges

However, if the Rental Period is extended (e.g. you seek and we accept an extension of the Rental Period or you fail to return the Products on time), then additional rental charges will be payable by you for the extended Rental Period, charged at the same rate per day as the original rental charges were calculated.

We may also charge you for other amounts in accordance with these terms and conditions. this includes any amounts that are payable for loss or damage to the products while they are in your possession or amounts payable for failure to return the products.

By saving your payment method, you authorise us to charge your nominated card for future purchases, invoices, fees, or other amounts authorised by you, in accordance with these Terms and Conditions.

4.3. When you must pay and how you must pay

You must pay the rental charges and delivery and return costs for Products for the initial Rental Period in full before we dispatch the Products.

When submitting your order, you must provide us with valid credit card details for the duration of the rental period and you authorise us to recover additional charges that are payable in accordance with these terms and conditions using the nominated credit card details.

5. Delivery

5.1. When and how we will provide the Products

During the order process we will let you know when we expect to deliver the Products to you. Delivery will be made by a courier to the address specified in the online ordering form that is completed by you to order the Products.

5.2. Costs

The costs of delivery will be as displayed to you when ordering the Products and must be paid at the time of placing your order.

5.3. We are not responsible for delays in delivery

If delivery of the Products is delayed for any reason, then we will endeavour to contact you to let you know and deliver the Products as soon as is possible. However, we will not be liable to you for the delay. If delivery is delayed from the date we have notified you when placing your order, the Rental Period and the collection date will be adjusted accordingly.

5.4. If you are not at your nominated address when the Products are delivered

If no one is available at your address to take delivery, our courier will leave you a note informing you of how to re-arrange delivery. If, after a failed delivery to you, you do not collect the Products from the courier or re-arrange delivery, we will contact you for further instructions and may charge you for the storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the contract.

6. Your Obligations During the Rental Period

6.1. Inspection

You must inspect the Products as soon as possible after delivery and notify us (by telephoning our customer service team at 02 4914 8500 or emailing [email protected]) of any damage to the Products or anything that is missing on delivery.

6.2. Ownership

This is a contract for the rental of the Products by you for your personal use only. No title to the Products passes to you. At all times, CTO remains the owner of the Products (other than single patient use wraps supplied by us to you) and you must not take any action that would be adversely affect CTO's ownership of the Products. You must not part with possession of, nor sell, rent or dispose of the Products, nor allow them to be seized in satisfaction of any debts you owe to any person. CTO will be entitled to charge you for any costs or losses it incurs because of any action that you take that adversely affects CTO's ownership of the Products, including charging you for the cost of the Products if they are not returned to CTO (see below).

6.3. Use

You must only use the Products in accordance with the instructions supplied by us — see Download the complete NICE1 user manual. To the extent permitted by law, we are not liable for any loss or damage you suffer if you use the Products in breach of this clause 6.3.

6.4. Interference with the Products

You must not interfere with the Products or tamper with any part of the Products, nor allow anyone except our representative to do any of these things. This includes:

not removing, altering, disfiguring or covering up any numbering, lettering, or insignia displayed upon the Products or encouraging or assisting any third party in doing so; and
not reverse engineering, decompiling, or disassembling any Products or encouraging or assisting any third party in doing so.

To the extent permitted by law, we are not liable for any loss or damage you suffer as a result of breaching this clause 6.4. Further, CTO will be entitled to charge you for any costs or losses it incurs because of any action that you, or any person who acquires possession of the Products from you, take that breaches your obligations in this clause 6.4.

6.5. Contraindications

It may not be safe to the use the Products if you have certain medical conditions. Notwithstanding that we have supplied the Products to you, you agree not to use the Products if you have, develop or show signs of the medical conditions or symptoms listed in the instructions supplied by us or notified by us on our website. The current list of such conditions or symptoms is available at NICE1 Contraindications. To the extent permitted by law, we are not liable for any loss or damage you suffer if you use the Products in breach of this clause 6.5.

6.6. Health information

To the extent permitted by law, we have no liability to you for any loss or damage you suffer if the information (including any health information) that you entered when ordering the Products was not true, complete and accurate and/or was misleading.

6.7. Loss or Damage

You are responsible for any loss of or damage (fair wear and tear excepted) to the Products during the period from delivery of the Products to you (including where the Products are left at your nominated address with your consent) until they are collected by us, except to the extent that such loss or damage is caused by us. You must notify us immediately of any such loss or damage. We are entitled to charge you for such loss of or damage using the following rates:

Loss or Damage Type	Charges Payable
Loss of NICE1 Unit	$6,000.00
Damage to the NICE1 Unit that renders the NICE1 Unit unusable and which cannot be repaired by purchasing a replacement part	$6,000.00
Damaged or lost power cord	$250.00
Damaged or lost hose assembly	$200.00
Damaged or lost carry bag	$150.00
Damaged or lost drain plug adaptor	$50.00
Damaged or lost reservoir cap	$50.00
NICE1 System returned soiled/unhygienic	$50.00
Damaged or lost power input jack	$20.00
Other damage or loss	Cost will be advised after assessment

7. End of the Rental Period

7.1. Returning the Products

You must contact us to arrange collection of the Products by our courier at least 3 business days before the date on which the Products are to be collected. The Products must be packed in their original packaging ready for collection by our courier on the date that we notify you that the Products will be collected. For the avoidance of doubt, if the date that we notify you that the Products will be collected is more than 3 business days after you contact us to arrange collection, no charges accrue for the period from 3 business days after you contact us to arrange collection until the date nominated by us.

7.2. Product not ready for collection

If the Products are not ready for collection on the date nominated by us or you fail to contact us to arrange collection of the Products as required by these Terms and Conditions, then the Rental Period will be extended until the Products are collected by our courier and additional rental charges will be payable by you in accordance with these Terms and Conditions. We may also charge you a late return fee of $150.00.

8. Problems With the Products

8.1. How to tell us about problems

If you have any questions or complaints about the Products or wish to exercise any of your rights under the Australian Consumer Law or these Terms and Conditions, please contact us as soon as possible by telephoning our customer service team at 02 4914 8500 or emailing [email protected].

8.2. Australian Consumer Law Rights

Where you are a 'consumer' under the Australian Consumer Law, the Products supplied come with certain guarantees and rights that cannot be excluded. You are entitled to the benefit of those guarantees under the Australian Consumer Law that are applicable to the supply of the Products by us, as well as the associated rights that arise if we do not comply with the applicable guarantees. For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.

8.3. We are responsible to you for foreseeable loss and damage caused by us if you are a consumer

If you are a 'consumer' under the Australian Consumer Law and we fail to comply with these Terms and Conditions or the Australian Consumer Law in respect to the supply of the Products, we are responsible for loss or damage you suffer that is a foreseeable result of our failure. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.

8.4. CTO Warranties

In addition to the rights conferred on you by the Australian Consumer Law, we warrant that the Products:

conform in all material respects with their description; and
will be free from material defects in design, material and workmanship for a period of one year from the date of delivery.

8.5. Remedies for Breach of CTO Warranties

Subject to clause 8.6, if you notify us by emailing [email protected] that a Product does not comply with the warranties in clause 8.4, noting the reasons why the Product does not comply with those warranties, and you return such Product to us at your cost, then we will examine such Product to determine if it complies with the warranties in clause 8.4.

If it does not complies with the warranties in clause 8.4, then we will, at our option, repair or replace the defective Product and refund to you the cost of returning the Product to us. Except as provided in clause 8.3 and this clause 8.5, we shall have no liability to you in respect of a Product's failure to comply with the warranties in clause 8.4.

8.6. Exceptions to Remedies for Breach of CTO Warranties

We will not be liable for a Product's failure to comply with the warranties in clause 11.2 if:

you make any further use of such Product after giving a notice that the Product does not comply with these warranties;
the defect arises because you failed to follow our instructions as to the use or maintenance of the Product;
you alter or repair the Product without our written consent; or
the defect arises as a result of fair wear and tear or as a result of wilful damage or negligence on your part.

8.7. Other Remedies Excluded

Without excluding, limiting or restricting any term, guarantee, warranty or condition, or any rights, that you have under that you have under:

the Australian Consumer Law; or
under any other laws,

that cannot be lawfully excluded, limited or restricted, CTO's representations, warranties and obligations in connection with the Products are limited to those expressly set out in this contract. Any terms, conditions, warranties and statements (whether express, implied, written, oral, collateral, statutory or otherwise) that might otherwise be implied into this contract, including terms, conditions, warranties and statements regarding the quality of the Products, their description, their fitness or suitability for any particular purpose or their merchantability, are excluded and form no part of this contract.

9. Your Rights to End the Contract

9.1. Ending the contract because of something we have done

You may end the contract for the following reasons:

there is a delay in delivery of the Products and that delay is not acceptable to you; or
you have a legal right to end the contract because of something we have done wrong. For example, the Australian Consumer Law gives you certain rights to end this contract.

9.2. Tell us you want to end the contract

If you wish to end the contract with us, please notify us by emailing [email protected], noting the reason that you wish to end the contract. A member of our team will register your request to end the contract and, if your request to end the contract is accepted by CTO, provide you with a return reference number and arrange a convenient time and date for collection of the Products.

9.3. When we will pay the costs of return

If the Products have been delivered to you and you have validly ended the contract, we will pay the costs of returning the Products to us.

9.4. How we will refund you

If you are entitled to a refund under these Terms and Conditions or under the Australian Consumer Law, we will refund you the sums you have paid, using the nominated credit details that you provided with your order. Unless required by law, you shall only entitled to a refund for the rental charges paid in respect of the period commencing on the date you notified us that you wanted to end the contract and ending on the last day of the initial Rental Period. If the Products have been lost or damaged, we will be entitled to deduct from any refund payable to you the amount that is payable to us by you for such loss or damage under these Terms and Conditions.

9.5. When your refund will be made

We will endeavour to make any refunds due to you within 14 days from the day on which we receive the Products back from you via our courier.

10. Our Rights to End the Contract

10.1. We may end the contract if you break it

We may end the contract for the following reasons:

you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
you do not, within a reasonable time, allow us to deliver the Products to you; or
you are in material breach of any of these terms.

10.2. Notice of termination

If we are entitled to end the contract with you, we will send you a notice of termination by email. Clause 7 ('End of Rental Period') will apply to the return of the Products to us. A member of our team will then contact you to arrange a convenient time and date for collection of the Products.

11. Other Matters

11.1. Liability to non-consumers

If you are not a 'consumer' as defined in the Australian Consumer Law:

we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or revenue, loss of business or goodwill, damage to reputation, or any indirect or consequential loss arising out of or in connection with the Products or any contract between us; and
our total liability to you for all other losses arising out of or in connection with the Products or any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to 100% of the total charges paid by you to rent the Products under such contract.

11.2. Assignment

We shall be entitled at any time to assign the benefit of the contract provided that this does not detrimentally affect your rights under it. You may not transfer your obligations under the contract. Nobody else has any rights under the contract.

11.3. Privacy

Any personal information that you provide to CTO will be managed by CTO in accordance with its privacy policy. A copy of the privacy policy can be accessed at insert link.

11.4. Illegality

If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.5. No effect from delay in enforcement

Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

11.6. Which laws apply to the contract and where you may bring legal proceedings

These terms are governed by Australian law and you can bring legal proceedings in respect of the Products in the Australian courts.