Terms of service

Awesome Water® Australia

Terms of Service

These Terms of Service govern your access to and use of the Awesome Water® website, online store, products, information, tools and services.

By accessing our website, placing an order or using our services, you agree to these Terms and the related policies referred to below. Please read them carefully before proceeding.

Australian Consumer Rights

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

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Overview

This website is operated by Awesome Water® Australia. Throughout the website, the terms “Awesome Water”, “we”, “us” and “our” refer to Awesome Water® Australia.

Awesome Water® provides this website, including the information, products, services, tools and resources available through it, subject to your acceptance of these Terms of Service and any related policies and notices.

By visiting our website, purchasing a product or service, creating an account, submitting information or otherwise using the website, you engage with our services and agree to be bound by these Terms.

These Terms apply to all users of the website, including:

  • Visitors and browsers.
  • Customers and account holders.
  • Suppliers and contractors.
  • Merchants and business customers.
  • People who submit reviews, comments or other content.

If you do not agree with these Terms, you should not use the website or purchase products or services through it.

New products, features, services or tools added to the website may also be subject to these Terms.

We may update these Terms by publishing revised wording on this page. Continued use of the website after an update constitutes acceptance of the revised Terms to the extent permitted by law.

Our online store is hosted by Shopify, which provides the ecommerce platform through which we offer products and services.

1. Online Store Terms

By using the website or placing an order, you represent that you are legally capable of entering into the relevant transaction.

Where a minor uses this website, their parent or legal guardian is responsible for supervising that use and providing any consent required by law.

You must not use our website, products or services for an illegal or unauthorised purpose.

You must comply with all laws and regulations applicable to your use of the website and products, including laws relating to copyright, intellectual property, fraud and electronic communications.

You must not upload, transmit or introduce:

  • Viruses.
  • Worms.
  • Malicious software.
  • Destructive or harmful code.
  • Material designed to disrupt or damage the website or related systems.

A material breach of these Terms may result in the suspension or termination of your access to the website or services.

2. General Conditions

We reserve the right to refuse, limit or suspend service where reasonably necessary, including where:

  • Fraud or unauthorised activity is suspected.
  • Payment cannot be verified.
  • A product is unavailable.
  • An order appears to be intended for unauthorised resale.
  • A customer has materially breached these Terms.
  • Safety or security concerns exist.
  • Service cannot reasonably be provided.

Information you submit, excluding payment-card information handled through secure payment systems, may be transmitted across various networks and adapted to meet technical requirements.

Payment information is handled through the security processes of Shopify and the relevant payment provider.

You must not reproduce, duplicate, copy, sell, resell or exploit any part of the website or services without our prior written permission, except where permitted by law.

Headings are included for convenience and do not limit or otherwise affect the interpretation of these Terms.

3. Accuracy, Completeness and Timeliness of Information

We take reasonable care when preparing and maintaining website content. However, information may occasionally be incomplete, inaccurate, outdated or affected by changes made by suppliers or manufacturers.

Website content is provided for general information and should not be relied upon as the sole basis for an important technical, installation, health, legal or purchasing decision.

Product specifications, compatibility, availability, inclusions, images, warranty information and installation requirements may change.

Where accuracy is particularly important, please contact Awesome Water® to confirm the current information before purchasing or arranging installation.

4. Changes to Services, Products and Prices

Prices, promotions, product ranges and availability may change without prior notice.

We may modify, suspend or discontinue:

  • A product.
  • A service.
  • A website feature.
  • A promotion or discount.
  • Part or all of the website.
  • Any content made available through the website.

To the extent permitted by law, we are not liable merely because a product, price, promotion, feature or service has been changed, suspended or discontinued.

5. Products and Services

Some products and services may be available exclusively through our website, showroom or an approved enquiry process.

Products may be available in limited quantities and are subject to availability at the time an order is processed.

Returns, refunds and exchanges are governed by our Return and Refund Policy and any rights available under Australian Consumer Law.

We make reasonable efforts to display product photographs, finishes and colours accurately. However, actual appearance may vary because of:

  • Lighting and photography.
  • Screen and device settings.
  • Product updates.
  • Manufacturing tolerances.
  • Variations between production batches.

We may limit sales to particular customers, locations, quantities or orders where reasonably necessary.

Product descriptions, inclusions, specifications, prices and availability may be changed or corrected at any time.

We may discontinue a product or decline an order where:

  • The product is unavailable.
  • Incorrect pricing or information was displayed.
  • Payment cannot be verified.
  • Delivery cannot reasonably be arranged.
  • The order appears fraudulent or unlawful.
  • Supply would breach a law or contractual restriction.

Nothing in these Terms excludes any consumer guarantee, warranty, right or remedy that cannot lawfully be excluded.

Product Selection, Compatibility and Installation

Some Awesome Water® products require compatibility checks, plumbing, professional installation or specific operating conditions.

Customers are responsible for providing accurate information where we rely on that information to recommend or supply a product. This may include:

  • Appliance brand and model number.
  • Existing filter or cartridge number.
  • Plumbing configuration.
  • Available space and connection details.
  • Water source and intended application.
  • Commercial usage or capacity requirements.

Products must be installed, operated and maintained in accordance with applicable instructions, manufacturer requirements and legal standards.

Incorrect installation, misuse, unauthorised modification, failure to maintain a product or use outside its intended application may affect performance and warranty coverage, subject to applicable consumer rights.

6. Orders, Billing and Account Information

An order submitted through the website is a request to purchase the selected products or services. An order is not necessarily accepted until it has been reviewed and confirmed for processing.

We may decline, limit or cancel an order where reasonably necessary.

Restrictions may apply to orders:

  • Placed through the same customer account.
  • Using the same payment method.
  • Using the same billing or delivery address.
  • Placed in unusually large quantities.
  • That appear to be intended for unauthorised resale.
  • Affected by pricing, stock or website errors.
  • That cannot reasonably be fulfilled.

If an order is changed or cancelled, we may attempt to contact you using the email address, telephone number or billing details provided with the order.

You agree to provide current, complete and accurate:

  • Contact information.
  • Billing information.
  • Delivery information.
  • Account information.
  • Product compatibility information where relevant.

You are responsible for updating your information where necessary so that we can process your order and communicate with you.

7. Payment

Payment must be made using a payment method made available through the website or otherwise approved by Awesome Water®.

Payments may be processed through Shopify Payments or another third-party payment provider.

You authorise the applicable payment provider to process the amount shown at checkout, including relevant delivery charges, taxes and other disclosed fees.

We may delay or decline fulfilment where:

  • Payment is declined.
  • Payment cannot be verified.
  • Fraud or unauthorised use is suspected.
  • A payment dispute remains unresolved.

Payment information is also governed by the policies and terms of the relevant payment provider.

8. Optional Tools and Third-Party Services

We may provide access to tools or services supplied by third parties.

Unless expressly stated otherwise, we do not control those tools and may not monitor their:

  • Availability.
  • Accuracy.
  • Security.
  • Performance.
  • Ongoing operation.

Third-party tools may be provided on an “as available” basis and may be subject to separate terms, fees and privacy policies.

Any new tools, features, services or resources introduced through the website may also be subject to these Terms.

9. Third-Party Links

The website may contain links to content, products, manufacturers, suppliers, research organisations, platforms or services operated by third parties.

External links may direct you to websites that are not owned or controlled by Awesome Water®.

We do not independently verify or endorse every statement, product, service or policy appearing on a third-party website.

Before entering into a transaction with a third party, you should review its:

  • Product information.
  • Terms and conditions.
  • Privacy policy.
  • Shipping and return policies.
  • Warranty information.

Questions or concerns regarding an independent third-party product or service should generally be directed to that third party unless Awesome Water® is responsible for assisting under applicable law or an agreement with you.

10. Reviews, Comments, Feedback and Other Submissions

You may submit reviews, comments, suggestions, competition entries, photographs, feedback or other content to Awesome Water®.

By submitting content, you confirm that:

  • You have the right to provide it.
  • It is accurate to the best of your knowledge.
  • It does not infringe another person’s rights.
  • It is not unlawful, misleading, defamatory, abusive or obscene.
  • It does not contain malware or harmful code.

Unless otherwise agreed in writing or prohibited by law, you grant Awesome Water® a non-exclusive, royalty-free licence to use, reproduce, edit, publish, translate, distribute and display submitted content for legitimate business and marketing purposes.

We are not required to:

  1. Keep unsolicited submissions confidential.
  2. Pay compensation for unsolicited submissions.
  3. Respond to every submission.

We may monitor, edit or remove content that we reasonably consider:

  • Unlawful.
  • Threatening or abusive.
  • Defamatory or misleading.
  • Obscene or inappropriate.
  • Infringing.
  • In breach of these Terms.

You remain responsible for the content and accuracy of your submissions.

11. Personal Information and Privacy

Personal information submitted through the website is handled in accordance with our Privacy Policy .

12. Errors, Inaccuracies and Omissions

The website may occasionally contain errors, inaccuracies or omissions relating to:

  • Product descriptions.
  • Specifications and compatibility.
  • Pricing.
  • Promotions and discount codes.
  • Delivery charges.
  • Delivery estimates.
  • Product availability.
  • Website content or images.

We reserve the right to correct an error, update information or cancel an affected order where website information is inaccurate, including after an order has been submitted.

If an affected order is cancelled after payment has been received, the appropriate amount will be refunded using the applicable payment method.

We are not obliged to update every item of website information immediately unless required by law.

13. Prohibited Uses

In addition to other restrictions contained in these Terms, you must not use the website or its content:

  1. For an unlawful purpose.
  2. To encourage or assist another person to perform an unlawful act.
  3. To breach an applicable law, regulation, rule or ordinance.
  4. To infringe our intellectual property rights or the rights of another person.
  5. To harass, abuse, threaten, defame, intimidate or unlawfully discriminate against another person.
  6. To submit false, fraudulent or misleading information.
  7. To upload or transmit malware, viruses or malicious code.
  8. To collect, use or track another person’s information without authority.
  9. To spam, phish, pharm, pretext, scrape, crawl or improperly access the website.
  10. For an obscene or unlawful purpose.
  11. To interfere with website security or functionality.
  12. To bypass access restrictions or security controls.

We may suspend or terminate access where these restrictions are breached.

14. Disclaimer of Warranties and Limitation of Liability

Nothing in this section excludes, restricts or modifies a consumer guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

Subject to those non-excludable rights, we do not guarantee that:

  • The website will always be uninterrupted.
  • The website will always be available at a particular time.
  • All website functions will be free from errors.
  • All general information will be suitable for every individual purpose.
  • The website will be completely free from security risks outside our reasonable control.

The website may occasionally be unavailable because of:

  • Maintenance.
  • Technical problems.
  • Supplier or third-party systems.
  • Internet or telecommunications failures.
  • Events outside our reasonable control.

To the maximum extent permitted by law, the website and general website content are provided on an “as available” basis.

To the maximum extent permitted by law, Awesome Water®, its directors, officers, employees, contractors, suppliers and service providers will not be liable for indirect, incidental, special or consequential loss arising solely from the use of, or inability to access, the website.

This limitation does not apply to liability that cannot legally be excluded or limited.

General Water, Filtration and Health Information

Information on the website concerning water quality, filtration, fluoride reduction, alkaline water, mineralisation, molecular hydrogen or related subjects is provided for general educational and product-information purposes.

It is not intended to diagnose, treat, cure or prevent a medical condition and should not be considered medical advice.

Customers with health concerns or medical questions should seek advice from a suitably qualified healthcare professional.

15. Indemnity

To the extent permitted by law, you agree to indemnify Awesome Water® and its related personnel against claims, losses or reasonable costs arising directly from your unlawful use of the website, material breach of these Terms or infringement of another person’s rights.

16. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be interpreted or severed to the minimum extent necessary. The remaining provisions will continue to apply.

17. Termination

These Terms remain effective while you use the website or services.

You may stop using the website at any time.

We may suspend or terminate your access where we reasonably believe that:

  • You have materially breached these Terms.
  • Your activity is unlawful or fraudulent.
  • Your conduct creates a security or safety risk.
  • You have attempted to misuse the website or services.
  • Suspension or termination is otherwise reasonably necessary to protect the business or another person.

Obligations and liabilities incurred before termination may continue where appropriate.

18. Entire Agreement

These Terms, together with the policies and notices published on the website, constitute the agreement governing your use of the website and services.

A failure by Awesome Water® to exercise or enforce a right does not constitute a waiver of that right.

Any ambiguity will be interpreted in accordance with applicable law and will not automatically be construed against either party.

19. Governing Law

These Terms and any separate agreement under which Awesome Water® provides products or services are governed by the laws of New South Wales, Australia.

Subject to any applicable consumer rights concerning jurisdiction, the parties submit to the jurisdiction of the courts and tribunals of New South Wales and any courts entitled to hear appeals from them.

20. Changes to These Terms

We may update, change or replace these Terms by publishing revised wording on the website.

Changes may be made to reflect updates to:

  • Our business operations.
  • Products and services.
  • Website functionality.
  • Shopify or connected services.
  • Legal requirements.
  • These Terms or related policies.

The updated Terms will apply from the date they are published unless otherwise stated. Continued use of the website following publication constitutes acceptance of the revised Terms to the extent permitted by law.

Related Awesome Water® Policies

These Terms should be read together with the following policies:

21. Contact Information

Questions about these Terms of Service may be directed to:

Email:
admin@awesomewater.net.au

Postal address:
Awesome Water® Australia
PO Box 7
Kirrawee NSW 2232
Australia

You may also submit an enquiry through our Contact Awesome Water page .

Need Help Before Placing an Order?

Contact the Awesome Water® team for practical assistance with product selection, compatibility, delivery, installation or your order.

Contact Awesome Water