Water Filtration Solutions Australia Pty Ltd
ABN 80 631 355 872

Terms and Conditions for Website

The website https://waterfiltrationsolutions.com.au and the associated applications (“Site”) is owned and operated by Water Filtration Solutions Australia Pty Ltd (ABN 80 631 355 872), hereafter referred to as “Water Filtration Solutions”, “we”, “our”, “us” or the “Company”

These Terms and Conditions together with the documents referred to within the Terms and Conditions govern the supply of any products and services ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product or services, you agree to be legally bound by these Terms and Conditions.

1. Access and use of the Site

1.1 You must only use the Site in accordance with these Terms and Conditions and any applicable law.
1.2 You must not (or attempt to):
(a) Interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
(b) Use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(c) Interfere (or attempt to interfere) with security-related or other features of the Site.
1.3 To place Orders and access some features of the Site, you must register an Account with us. To register an Account, you must:
(a) Give us accurate and current personal information including your name, company name and ABN (if applicable), address and a valid email address; and
(b) You must be at least eighteen (18) years old and have the capacity to enter into a legally binding agreement with us.
1.4 You are solely responsible for the activity that occurs on your Account (including Orders placed and Subscriptions made using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
1.5 You must not use another person’s Account without our, and/or the other person’s express authorisation. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
1.6 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
1.7 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
(a) In a way to suggest or imply that you have any kind of association and affiliation with us or approval and endorsement from us where there is none; or
(b) In a way that is illegal or unfair.

2. Information on this Site

2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned or licensed to Water Filtration Solutions.
2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
2.3 Some information about products on the Site are based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2.4 Due to photogenic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received by you.

3. Order and formation of Contract

3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
3.2 Once you select a product that you wish to order, irrespective of any price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges. Unless otherwise stated all charges are in Australian Dollars.
3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds and or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.
3.4 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us on [email protected] immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
3.5 When you place an Order, you will receive from us a Confirmation of Order by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. A Contract between us for the purchase of the products will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
(a) Unavailability of stock or we may offer you an alternative product (in which case, we may require you to re-submit your Order); or
(b) Previous, ongoing or persistent breaches of the Terms and Conditions.
3.6 Subject to the above clause 3.5, if you make an Order for a Subscription, the terms of the Subscription will be contained within the Confirmation of Order. Subject to the below clause 9, the Confirmation of Order will contain the terms, dates, amount and methods of payment to which will apply to your Subscription.
3.7 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

4. Delivery

4.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates.
4.2 We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery.
4.3 We will aim to leave the Order at the address advised by you at the time of purchase. If the delivery driver deems, in their absolute discretion, the area unsafe your Order will be redirected to a collection point.
4.4 You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two (2) weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) Charge you for our reasonable storage fee and other costs reasonably incurred by us; or
(b) No longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
4.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternate delivery address.
4.6 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

5. Cancellation by us

5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.

6. Return Policy

6.1 Within thirty (30) days of delivery, we will accept returns of any products for any reason. Please contact us on [email protected] should you wish to arrange a return of any products. We will not refund your delivery costs, unless we determine that the products are defective.
6.2 We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact us with a description of the defect on [email protected] within thirty (30) days so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.
6.3 If the product is confirmed to have a defect, we will replace the product or refund the price of the product to your original payment method or Store Credit at your request.
6.4 Please allow up to several weeks for any returns to be delivered to us and for us to process your request. We will not accept any returns unless you have contacted us in accordance with clauses 6.1 and 6.2 within the thirty (30) day period.
6.5 Nothing in this clause or the Terms and Conditions is intended to exclude any of your statutory rights as a consumer under the Australian Consumer Law.

7. 30 Day Guarantee

7.1 We are happy to offer you a thirty (30) day money back guarantee with your purchase of any of our products or services.
7.2 If for any reason you are unsatisfied with your purchase, please contact us on [email protected] and return the products to us for a full refund within thirty (30) days of delivery.
7.3 For clarity, this guarantee does not cover any delivery or additional costs. We will refund only the purchase price of the products or services to which the guarantee applies.

8. Warranty

8.1 We are happy to provide you with a twelve (12) month Warranty on our non-consumable products.
8.2 For clarity, consumables include, but are not limited to replacement cartridges, filters, ballasts, and lamps and are not covered by this Warranty. Consumables may be covered by a manufacturer’s warranty from the date of delivery, however, you must contact us on [email protected] within fourteen (14) days of delivery in order to determine whether a warranty may be applicable.
8.3 During the Warranty period and after we have determined that the non-consumable product has failed due to defective materials or workmanship, we will repair, replace or refund the non-consumable product, at our sole discretion.
8.4 It does not constitute a defect, and we will not be liable to you, if the Warranty is voided and invalidated by:
(a) Opening of or breaking the manufacturers seal, the electrical equipment or any additional changes not approved by us;
(b) The installation, commissioning, handling, use, operation, maintenance or service of the products in a manner not compliant with our instructions and directions;
(c) Your failure to ensure the products are serviced as recommended and as required by your unique and particular local water source;
(d) Unauthorised repairs, modifications or alterations;
(e) Your failure to take reasonable care of the products; or
(f) By your use of the products in an abnormal manner.
8.5 This Warranty does not cover any costs incurred by you with respect to delivery, cost of removal or replacement.
8.6 If we deem that the product is out of Warranty, we will ship the product back to you, at your cost.

9. Subscriptions

9.1 If you make an Order for a Subscription product, your Subscription will start from the date of the Order. This will be a recurring billing transaction. Unless otherwise stated, your Subscription and the relevant billing authorisation will continue indefinitely until cancelled by you.
9.2 By accepting these Terms and Conditions, you authorise us to bill you on each Auto-ship Schedule Date. The Auto-ship Schedule Date Subscription amount will continue to be charged to your chosen payment method until you cancel your Subscription or unless your Subscription is otherwise terminated under these Terms and Conditions.
9.3 Your chosen payment method will be billed on the Order Date and thereafter on the Auto-ship Schedule Date in advance.
9.4 You may cancel your Subscription at any time, but the cancellation will not become effective until the end of the Auto-ship Schedule Date billing period. It is in our sole discretion if you receive a refund for any part of the final billing period and whether such refund is provided by way of Store Credit or cash.
9.5 All applicable taxes, duties or levies (including GST) for the Subscription product will be charged to your chosen payment method.
9.6 We reserve the right to increase the Subscription product price, but no more than once in any twelve (12) month period. We will give you at least thirty (30) days’ notice of any change to the price. Should you cancel your Subscription as a result of a product price increase, all future Subscription charges will be cancelled, and all deliveries of Subscription products will cease.

10. Store Credit

10.1 If you are entitled to a store credit, this will be applied to the Account registered with the same email address used to place your Order. Store credits cannot be transferred to other Accounts.
10.2 Store credit is valid for twelve (12) months. Any balance that remains after the twelve (12) months will not be available for use.
10.3 Store credit does not accrue interest nor can it be redeemed or refunded for cash. If an Order made using store credit is cancelled or returned, the portion of the purchase attributable to the store credit will be restored to your Account only. Store credits are applied on a pro rata basis to each product in an Order for the purpose of establishing refund values.

11. Disclaimer and Liability

11.1 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
(a) The performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
(b) Otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
11.2 Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for:
(a) Fraud;
(b) Death or personal injury caused by our Breach of Duty;
(c) Any breach of the obligations implied by law; or
(d) Any other Liability which cannot be excluded or limited by applicable law.
11.3 In performing any obligation under the Terms and Conditions, our only duty is to exercise reasonable care and skill.
11.4 Subject to clause 11.3:
(a) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site;
(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information;
(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have;
(e) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions;
(f) To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our products and services or these Terms and Conditions;
(g) To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for any losses, injury or special, incidental or consequential damages caused by water leakage from any of our products;
(h) Our total Liability under any Contract shall in no circumstances exceed:
(i) in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

12. Indemnity

12.1 You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of any kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.

13. Privacy

Please see our privacy policy at: https://waterfiltrationsolutions.com.au/privacy-policy/

14. Intellectual Property

14.1 All Intellectual Property Rights in or relating to the products and the Confidential Information are and will remain the sole and exclusive property of Water Filtration Solutions (or our licensors);
14.2 Without our prior written consent, you must not, and must ensure your agents will not:
(a) copy, reverse engineer, alter, modify, reproduce, customise, decompile or disassemble the products or our Intellectual Property Rights in whole or in part;
(b) transfer, assign, sell, grant, sub-license, distribute or otherwise deal with our Intellectual Property Rights in whole or in part;
(c) create or develop any derivative material or item based on, incorporating, using or adding to the products or our Intellectual Property Rights in whole or in part; or
(d) remove any copyright notices, trademarks or restricted rights legends which appear on any of our products.
14.3 You must notify us of any suspected or actual:
(a) infringement of the Intellectual Property Rights in and relating to the products by a third party; and
(b) claims alleging infringement of third party rights in connection with the products,
that you or your agents become aware of, and you must co-operate with and assist us, at our cost to protect our Intellectual Property Rights in and to the products and oppose any third party claim against them.

15. Confidential Information

15.1 All right, title and interest in the Confidential Information vest and remain exclusively in Water Filtration Solutions. Nothing in the Contract or the disclosure of Confidential Information grants or implies any rights to you in relation to the Confidential Information except for the non-transferable right to use the Confidential Information in connection with the products’ installation, use, operation and maintenance.
15.2 You must, and must procure that your agents will, keep the Confidential Information confidential at all times and protect it from unauthorised use, disclosure or third party access. You must notify us as soon as you become aware of, and do all you reasonably can to prevent or minimise, any actual or suspected theft, loss, damage or unauthorised use or disclosure of any Confidential Information and you must comply with our instructions in relation to handling the situation.
15.3 You must not, and must procure that none of your agents will, without our prior written consent:
(a) disclose, copy, record, communicate, make available or allow access to the Confidential Information, directly or indirectly, to any third party, or assist or permit any person to do so, except as required for the purpose of the products’ installation, use, operation or maintenance, or is required by law, provided you ensure the Confidential Information remains protected in accordance with this clause 15, or
(b) create or develop anything based on, derived from or in any way using the Confidential Information directly or indirectly.
15.4 You acknowledge and agree that a breach of this clause 15 may cause damage or loss to us for which a monetary remedy may not be adequate or sufficient, and we may seek specific performance or an injunctive or other relief from a court of competent jurisdiction as a remedy for any actual or anticipated breach by you, in addition to any other right or remedy available to us under the Contract, at law or otherwise.

16. Mediation and Dispute Resolution

In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

17. General

17.1 Entire Agreement: These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms and Conditions except as expressly stated in these Terms and Conditions. However the service and products are provided to you under our operating rules, policies, and procedures from time to time on the Site.
17.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights and obligations under these Terms and Conditions. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person.
17.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms and Condition where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of Go, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
17.4 No waiver: No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under these Terms and Conditions.
17.5 Notices: Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
17.6 Third party rights: All provisions of these Terms and Conditions apply equally to and are for the benefit of Water Filtration Solutions, its subsidiaries, and holding companies of Water Filtration Solutions, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that all these Terms and Conditions may be varied or rescinded without the consent of those parties).
17.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive as such.
17.8 Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
17.9 Governing law: These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
17.10 Change of the Terms and Conditions: We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

18. Definitions and Interpretation

18.1 Definitions
In these Terms and Conditions, unless the contrary intention appears:
Account means the account that you will need to register for on the Site if you would like to submit and Order on the Site in accordance with clauses 1 and 3 of these Terms and Conditions.
Auto-ship Schedule Date means the agreed dates that your Subscription product will be delivered to you.
Breach of Duty means the breach of any:
(a) Obligation arising from the express or implied terms of a Contract to take reasonable care or exercise reasonable skill in the performance of the Contract; or
(b) Common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
Company means Water Filtration Solutions Australia Pty Ltd ABN 80 631 355 872 and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners and independent contractors.
Confidential Information means any information of any type in any form or medium disclosed, provided or made available by us to you in connection with a Contract that is by its nature or regarded by us as confidential, proprietary, of commercial value or sensitive including without limitation our Intellectual Property Rights, manuals, products’ related know-how, technology, hardware, software, trade secrets, designs, methods, techniques, strategies, plans, processes and procedures, but excluding information which is or becomes generally available to the public other than as a result of a breach of the Contract by you.
Confirmation of Order means our email to you, in which we accept your Order.
Contract means the sale of products agreement between you and us for the supply of products you have ordered in accordance with these Terms and Conditions.
Delivery means the process in clause 4 of these Terms and Conditions.
GST means the Goods and Services Tax.
Intellectual Property Rights means all proprietary and intellectual property rights of any kind throughout the world, whether registered, patentable or not, including without limitation copyrights, patents, designs, circuit layouts rights, trade secrets, know-how, trademarks, service marks, trade names, domain names and any right to apply for registration or renewal of any such rights.
Liability means liability in or for breach of Contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under the Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract).
Order means the order submitted by you to the Site to purchase products from us.
Subscription means an Order to purchase a product on an ongoing renewal basis (such as water filters).
Warranty means any written warranty provided by us to you in relation to our products.

18.2 Interpretation

(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.