1. About the Website
1.1. Welcome to www.australianhydronics.com.au (the 'Website').
The Website provides you with an opportunity to browse and
purchase various products that have been listed for sale through
the Website (the 'Products'). The Website provides this service
by way of granting you access to the content on the Website (the
'Purchase Services').
1.2. The Website is operated by Australian Hydronics Pty Ltd PTY.
LTD. (ABN 83 123 887 267) . Access to and use of the Website,
or any of its associated Products or Services, is provided by
Australian Hydronics Pty Ltd. Please read these terms and
conditions (the 'Terms') carefully. By using, browsing and/or
reading the Website, this signifies that you have read,
understood and agree to be bound by the Terms. If you do not
agree with the Terms, you must cease usage of the Website, or
any of Services, immediately.
1.3. Australian Hydronics Pty Ltd reserves the right to review and
change any of the Terms by updating this page at its sole
discretion. When Australian Hydronics Pty Ltd updates the
Terms, it will use reasonable endeavours to provide you with
notice of updates to the Terms. Any changes to the Terms take
immediate effect from the date of their publication. Before you
continue, we recommend you keep a copy of the Terms for your
records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made
available to you by Australian Hydronics Pty Ltd in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register
as a user of the Website. As part of the registration process, or as
part of your continued use of the Purchase Services, you may be
required to provide personal information about yourself (such as
identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(e) Password
3.2. You warrant that any information you give to Australian
Hydronics Pty Ltd in the course of completing the registration
process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a
registered member of the Website ('Member') and agree to be
bound by the Terms. As a Member you will be granted
immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the
Terms if:
(a) you are not of legal age to form a binding contract with
Australian Hydronics Pty Ltd; or
(b) you are a person barred from receiving the Purchase
Services under the laws of Australia or other countries
including the country in which you are resident or from
which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are
permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the
confidentiality of your password and/or email address.
Use of your password by any other person may result in
the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other
person, or third parties, is strictly prohibited. You agree to
immediately notify Australian Hydronics Pty Ltd of any
unauthorised use of your password or email address or
any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable
and allows for the sole use of the Website by you for the
purposes of Australian Hydronics Pty Ltd providing the
Purchase Services;
(f) you will not use the Purchase Services or Website for any
illegal and/or unauthorised use which includes collecting
email addresses of Members by electronic or other means
for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links,
and other forms of solicitation may be removed from the
Website without notice and may result in termination of the
Purchase Services. Appropriate legal action will be taken
by Australian Hydronics Pty Ltd for any illegal or
unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of
the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through
the Website, you will agree to the payment of the purchase price
listed on the Website for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through Stripe /
Paypal (the 'Payment Gateway Provider')
In using the Purchase Services, you warrant that you have
familiarised yourself with, and agree to be bound by, the
applicable Terms and Conditions of Use, Privacy Policy and
other relevant legal documentation provided by the Payment
Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by
Australian Hydronics Pty Ltd, you will be issued with a receipt to
confirm that the payment has been received and Australian
Hydronics Pty Ltd may record your purchase details for future
use.
5.4. Australian Hydronics Pty Ltd may, at their sole discretion,
provide a refund on the return of the Products within 5 days
where the Product packaging is unopened and remains in a
saleable condition. You acknowledge and agree that you are
liable for any postage and shipping costs associated with any
refund pursuant to this clause.
6. Warranty
6.1. Australian Hydronics Pty Ltd's Products come with guarantees
that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure of
the Product and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the
Products repaired or replaced if the Products fail to be of
acceptable quality and the failure does not amount to a major
failure (the 'Warranty').
6.2. You may make a claim under this clause (the ' Warranty
Claim') for material defects and workmanship in the Products
within the warranty period as set by the manufacturer or
wholesaler of the goods from the date of purchase (the '
Warranty Period').
6.3. In order to make a Warranty Claim during the Warranty Period,
you must provide proof of purchase to Australian Hydronics Pty
Ltd showing the date of purchase of the Products, provide a
description of the Products and the price paid for the Products by
sending written notice to Australian Hydronics Pty Ltd at 10
frankston gardens drive, Carrum Downs, Victoria, 3201 or by
email at [email protected].
6.4. Where the Warranty Claim is accepted then Australian
Hydronics Pty Ltd will, at its sole discretion, either repair or
replace any defective Products or part thereof with a new or
remanufactured equivalent during the Warranty Period at no
charge to you for parts or labour. You acknowledge and agree
that you will be solely liable for any postage or shipping costs
incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted
by Australian Hydronics Pty Ltd and shall be the sole and
exclusive remedy available to you in addition to other rights and
under a law in relation to the Products to which this warranty
relates.
6.6. All implied warranties including the warranties of merchantability
and fitness for use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied
Products nor to the additional excluded items set forth below nor
to any supplied Products where the exterior of which has been
damaged or defaced, which has been subjected to misuse,
abnormal service or handling, or which has been altered or
modified in design or construction.
7. Delivery
7.1. You acknowledge that the Purchase Services offered by
Australian Hydronics Pty Ltd integrate delivery (the ' Delivery
Services') through the use of third party delivery companies (the
' Delivery Service Providers').
7.2. In providing the Purchase Services, Australian Hydronics Pty Ltd
may provide you with a variety of delivery and insurance options
offered as part of the Delivery Services by the Delivery Service
Providers. You acknowledge and agree that Australian
Hydronics Pty Ltd is not the provider of these delivery and
insurance options and merely facilitates your interaction with the
Delivery Service Providers in respect to providing the Delivery
Services.
7.3. In the event that an item is lost or damaged in the course of the
Delivery Services, Australian Hydronics Pty Ltd asks that you:
(a) contact the Delivery Service Provider directly to request a
refund or to claim on any insurance options available; and
(b) contact us by sending an email to
[email protected] outlining in what
way the Products were damaged in transit so we are able
to determine if the Delivery Service Provider should be
removed from the Purchase Services.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related
products of Australian Hydronics Pty Ltd are subject to copyright.
The material on the Website is protected by copyright under the
laws of Australia and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the site
content and compilation of the website (including text, graphics,
logos, button icons, video images, audio clips and software) (the
'Content') are owned or controlled for these purposes, and are
reserved by Australian Hydronics Pty Ltd or its contributors.
8.2. Australian Hydronics Pty Ltd retains all rights, title and interest in
and to the Website and all related content. Nothing you do on or
in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade
mark, industrial design, patent, registered design or
copyright of Australian Hydronics Pty Ltd; or
(b) the right to use or exploit a business name, trading name,
domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent,
registered design or copyright (or an adaptation or
modification of such a system or process).
8.3. You may not, without the prior written permission of Australian
Hydronics Pty Ltd and the permission of any other relevant rights
owners: broadcast, republish, up-load to a third party, transmit,
post, distribute, show or play in public, adapt or change in any
way the Content or third party content for any purpose. This
prohibition does not extend to materials on the Website, which
are freely available for re-use or are in the public domain.
9. Privacy
Australian Hydronics Pty Ltd takes your privacy seriously and any information
provided through your use of the Application and/or the Purchase Services are
subject to Australian Hydronics Pty Ltd's Privacy Policy, which is available on
the Application.
10. General Disclaimer
10.1. You acknowledge that Australian Hydronics Pty Ltd does not
make any terms, guarantees, warranties, representations or
conditions whatsoever regarding the Products other than
provided for pursuant to these Terms.
10.2. Australian Hydronics Pty Ltd will make every effort to ensure a
Product is accurately depicted on the Website, however, you
acknowledge that sizes, colours and packaging may differ from
what is displayed on the Website.
10.3. Nothing in these Terms limits or excludes any guarantees,
warranties, representations or conditions implied or imposed by
law, including the Australian Consumer Law (or any liability
under them) which by law may not be limited or excluded.
10.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or
conditions which are not expressly stated in these Terms
are excluded; and
(b) Australian Hydronics Pty Ltd will not be liable for any
special, indirect or consequential loss or damage (unless
such loss or damage is reasonably foreseeable resulting
from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to
goodwill arising out of or in connection with the Purchase
Services or these Terms (including as a result of not being
able to use the Purchase Services or the late supply of the
Purchase Services), whether at common law, under
contract, tort (including negligence), in equity, pursuant to
statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the
products of Australian Hydronics Pty Ltd (including the Delivery
Services), is at your own risk. Everything on the Website, the
Purchase Services, and the Products of Australian Hydronics
Pty Ltd, are provided to you on an "as is" and "as available"
basis, without warranty or condition of any kind. None of the
affiliates, directors, officers, employees, agents, contributors,
third party content providers or licensors of Australian Hydronics
Pty Ltd (including any third party where the Delivery Services are
made available to you) make any express or implied
representation or warranty about its Content or any products or
Purchase Services (including the products or Purchase Services
of Australian Hydronics Pty Ltd) referred to on the Website. This
includes (but is not restricted to) loss or damage you might suffer
as a result of any of the following:
(a) failure of performance, error, omission, interruption,
deletion, defect, failure to correct defects, delay in
operation or transmission, computer virus or other harmful
component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration
or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on
the Website, the Purchase Service, or any of its Content
related products (including third party material and
advertisements on the Website);
(c) costs incurred as a result of you using the Website, the
Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are
provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising
from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct
of third parties or publication of any materials relating to or
constituting such conduct.
11. Limitation of Liability
11.1. Australian Hydronics Pty Ltd's total liability arising out of or in
connection with the Purchase Services or these Terms, however
arising, including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed the most
recent Purchase Price paid by you under these Terms or where
you have not paid the Purchase Price, then the total liability of
Australian Hydronics Pty Ltd is the resupply of information or
Purchase Services to you.
11.2. You expressly understand and agree that Australian Hydronics
Pty Ltd, its affiliates, employees, agents, contributors, third party
content providers and licensors shall not be liable to you for any
direct, indirect, incidental, special consequential or exemplary
damages which may be incurred by you, however caused and
under any theory of liability. This shall include, but is not limited
to, any loss of profit (whether incurred directly or indirectly), any
loss of goodwill or business reputation and any other intangible
loss.
11.3. Australian Hydronics Pty Ltd is not responsible or liable in any
manner for any site content (including the Content and Third
Party Content) posted on the Website or in connection with the
Purchase Services, whether posted or caused by users of the
website of Australian Hydronics Pty Ltd, by third parties or by
any of the Purchase Services offered by Australian Hydronics
Pty Ltd.
11.4. You acknowledge that Australian Hydronics Pty Ltd does not
provide the Delivery Services to you and you agree that
Australian Hydronics Pty Ltd will not be liable to you for any
special, indirect or consequential loss or damage, loss of profit or
opportunity, or damage to goodwill arising out of or in connection
with the Delivery Services.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or
by Australian Hydronics Pty Ltd as set out below.
12.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Australian Hydronics
Pty Ltd via the 'Contact Us' link on our homepage.
(a) notifying Australian Hydronics Pty Ltd at any time; and
(b) closing your accounts for all of the Purchase Services
which you use, where Australian Hydronics Pty Ltd has
made this option available to you.
12.3. Australian Hydronics Pty Ltd may at any time, terminate the
Terms with you if:
(a) you have breached any provision of the Terms or intend to
breach any provision;
(b) Australian Hydronics Pty Ltd is required to do so by law;
(c) the partner with whom Australian Hydronics Pty Ltd
offered the Purchase Services to you has terminated its
relationship with Australian Hydronics Pty Ltd or ceased to
offer the Purchase Services to you;
(d) Australian Hydronics Pty Ltd is transitioning to no longer
providing the Purchase Services to Users in the country in
which you are resident or from which you use the service;
or
(e) the provision of the Purchase Services to you by
Australian Hydronics Pty Ltd is, in the opinion of
Australian Hydronics Pty Ltd, no longer commercially
viable.
12.4. Subject to local applicable laws, Australian Hydronics Pty Ltd
reserves the right to discontinue or cancel your membership to
the Website at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the
Purchase Services without notice if you breach any provision of
the Terms or any applicable law or if your conduct impacts
Australian Hydronics Pty Ltd's name or reputation or violates the
rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights,
obligations and liabilities that you and Australian Hydronics Pty
Ltd have benefited from, been subject to (or which have accrued
over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this
cessation, and the provisions of this clause shall continue to
apply to such rights, obligations and liabilities indefinitely.
13. Indemnity
13.1. You agree to indemnify Australian Hydronics Pty Ltd, its
affiliates, employees, agents, contributors, third party content
providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs,
expenses, loss and damage (including legal fees on a full
indemnity basis) incurred, suffered or arising out of or in
connection with any Content you post through the
Website;
(b) any direct or indirect consequences of you accessing,
using or transacting on the Website or attempts to do so
and any breach by you or your agents of these Terms;
and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may
not commence any Tribunal or Court proceedings in relation to
the dispute, unless the following clauses have been complied
with (except where urgent interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen
under the Terms, must give written notice to the other party
detailing the nature of the dispute, the desired outcome and the
action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties
to the Terms ('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to
resolve the Dispute expeditiously by negotiation or such
other means upon which they may mutually agree;
(b) If for any reason whatsoever, 'not specified' days after the
date of the Notice, the Dispute has not been resolved, the
Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the
President of the ...... or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable
expenses of a mediator and the cost of the venue of the
mediation and without limiting the foregoing undertake to
pay any amounts requested by the mediator as a precondition
to the mediation commencing. The Parties must
each pay their own costs associated with the mediation;
(d) The mediation will be held in ......, Australia.
14.4. Confidential
All communications concerning negotiations made by the
Parties arising out of and in connection with this dispute
resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the
purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If ...... have elapsed after the start of a mediation of the Dispute
and the Dispute has not been resolved, either Party may ask the
mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Purchase Services offered by Australian Hydronics Pty Ltd is intended to
be viewed by residents of Australia. In the event of any dispute arising out of or
in relation to the Website, you agree that the exclusive venue for resolving any
dispute shall be in the courts of Victoria, Australia.
16. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed,
interpreted and construed by, under and pursuant to the laws of Victoria,
Australia, without reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not contested. The
Terms shall be binding to the benefit of the parties hereto and their successors
and assigns.