Terms of Service

Effective date: 12 April 2026 | Last updated: 12 April 2026

These Terms of Service (“Terms”) govern your access to and use of the website tonecooling.com and any information, content, materials, products, and services made available by ToneCooling Technology Co., Ltd (“ToneCooling”, “we”, “us”, “our”). By accessing or using the website, you agree to be bound by these Terms. If you do not agree, do not use the website.

1. Business use only

This website is intended for business-to-business (B2B) use by manufacturers, OEMs, system integrators, engineering firms, and their authorised representatives. You represent that you are at least 18 years old and are accessing the site in a professional capacity.

2. Information is indicative, not binding

Product descriptions, images, specifications, performance values, lead times, MOQ figures, and pricing ranges on the website are provided for general information. They are indicative only, are not an offer to sell, and may change without notice. Binding terms apply only when we and you sign a purchase order, quotation, or contract in writing (including email).

3. Quotes and contracts of sale

Any quote we provide is valid for the period stated in the quote (or 30 days if not stated). A binding contract of sale is formed when we issue an order confirmation accepting your purchase order, or when both parties sign a written agreement. Each such contract is governed by:

The express terms of the quote, purchase order, and order confirmation;
Our standard sale terms provided with the quote; and
These Terms, to the extent not inconsistent with the above.

4. Intellectual property

All content on this website — including text, images, logos, videos, drawings, graphics, and the compilation thereof — is owned by ToneCooling Technology Co., Ltd or our licensors and is protected by copyright, trade mark, and other intellectual property laws. You may view and download pages for your own internal business evaluation. You may not copy, modify, republish, sell, or create derivative works without our prior written consent.

“ToneCooling” is a trade mark of ToneCooling Technology Co., Ltd. Other trade marks mentioned (for example, NVIDIA, AMD, Intel) are the property of their respective owners and are used for descriptive and interoperability purposes only. No endorsement or affiliation is implied.

5. Confidential information and CAD drawings

When you submit CAD drawings, specifications, or other technical information to obtain a quote, we will treat that information as confidential and use it only to evaluate and fulfil your request. We will not disclose it to third parties other than our engineering staff and contracted subprocessors bound by confidentiality. You grant us a limited licence to use the information solely for that purpose. For large or sensitive programs we recommend executing a mutual NDA before sharing confidential material.

6. Acceptable use

You agree not to:

Use the website for any unlawful purpose or in breach of any applicable law or regulation;
Upload viruses, malware, or harmful code;
Scrape, harvest, or use automated means to extract content other than for standard search indexing;
Circumvent security or access controls;
Impersonate any person or entity; or
Submit false, misleading, or infringing content through any form.

7. Third-party links

The website may contain links to third-party websites and resources. These are provided for convenience only. We do not control, endorse, or assume responsibility for any third-party content or the privacy practices of any third-party site.

8. Export control and sanctions compliance

Our products and technical data may be subject to export control laws and regulations, including but not limited to the United States Export Administration Regulations (EAR), US Office of Foreign Assets Control (OFAC) sanctions programs, EU dual-use regulations, and China export control laws. You agree that you will not, and will not permit any third party to, re-export, transfer, or use any ToneCooling product, software, or technology in violation of such laws. You represent that you are not (and are not acting on behalf of) a party on the US Specially Designated Nationals List, Entity List, Denied Persons List, or any equivalent list maintained by Australia, the EU, the UK, or the UN.

9. Disclaimers

Except as required by non-excludable law (including the Australian Consumer Law), the website and its content are provided “as is” and “as available” without warranties of any kind, whether express or implied. We do not warrant that the website will be uninterrupted, error-free, secure, or free of viruses. We do not warrant the accuracy or completeness of any product information displayed on the site.

10. Australian Consumer Law

For Australian customers transacting with TONECOOLING AUSTRALIA PTY LTD (ABN 96 653 174 040), the Australian Consumer Law applies directly. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law, where such exclusion, restriction, or modification would be unlawful. To the extent permitted, our liability for breach of a consumer guarantee is limited to (at our option) replacement, repair, or refund of the product.

11. Limitation of liability

To the maximum extent permitted by law:

Our total aggregate liability to you arising out of or in connection with the website or any order shall not exceed the price paid by you for the relevant products (or, where no price has been paid, USD 100).
We are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profit, revenue, goodwill, data, or business interruption, even if advised of the possibility.

This section does not exclude liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

12. Indemnity

You agree to indemnify and hold ToneCooling Technology Co., Ltd harmless from any claim, loss, liability, or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the website, your violation of any law, or the infringement of any third-party right by content you submit.

13. Governing law and jurisdiction

Except where non-excludable local law applies (such as the Australian Consumer Law), these Terms are governed by the laws of the People’s Republic of China, without regard to conflict-of-law principles. Disputes arising out of or in connection with these Terms shall be submitted to arbitration under the rules of the Shenzhen Court of International Arbitration (SCIA), unless a separate written contract between the parties specifies a different forum.

If you are an Australian customer transacting with TONECOOLING AUSTRALIA PTY LTD (ABN 96 653 174 040), Australian law applies to the fullest extent required. You may bring proceedings in the courts of the State of Victoria, Australia, for any dispute relating to products or services supplied by the Australian entity. Non-excludable provisions of the Australian Consumer Law and the Privacy Act 1988 (Cth) prevail to the extent of any inconsistency with these Terms.

United States Customers

For customers in the United States, these Terms are governed by the laws of the State of Texas. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Texas. Your contracting entity is ToneCooling Texas LLC (TX Filing #806504501), 5900 Balcones Drive, Suite 100, Austin, TX 78731. Phone: +1 (832) 720-7542.

14. Severability and entire agreement

If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy, Cookie Policy, and any signed purchase documents, constitute the entire agreement between you and us regarding your use of the website.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted on this page with an updated “Last updated” date. Your continued use of the website after an update constitutes acceptance of the revised Terms.

16. Contact

ToneCooling Technology Co., Ltd
Huizhou, Guangdong, China (Greater Bay Area)
Legal enquiries: legal@tonecooling.com
General enquiries: info@tonecooling.com

Australian entity:
TONECOOLING AUSTRALIA PTY LTD
ABN 96 653 174 040 | ACN 653 174 040
Suite 69, 139 Cardigan Street, Carlton VIC 3053, Australia
Phone: