Terms & Conditions

 

Website Terms and Conditions

The following terms and conditions apply to all transactions on www.waterups.com.au (the Website) and your use of the Website itself. The WaterUps® Website is owned and operated by WaterWix Pty Ltd – ABN 58 166 973 011 (WaterWix).

The company’s registered office address is Level 10, 32 Martin Place Sydney, NSW. In these terms “we” refers to WaterWix and “you” and “your” refers to any visitor to the Website, or to any customer. Your access to and use of all information on this Website including purchase of our product(s) is provided subject to the following terms and conditions. This information is intended for residents of Australia only. These rules may be amended from time to time without any prior notice. If you do not agree to be bound by any of the terms and conditions, please discontinue using this Website.

Website Terms of Use

By using or accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.

To place an order on the Website, customers must be aged 18 or older.

1. Governing law

WaterWix controls and operates the Website from its offices within Australia. These Terms of Use are governed by the laws of the State of New South Wales. You and WaterWix agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

2. Revisions

WaterWix may revise or amend these Terms of Use at any time in its absolute discretion by posting revised terms. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use. WaterWix may revise its product descriptions, specifications, or prices at any time in its absolute discretion.

3. Site contents, ownership, and use restrictions

The material on this Website is protected by all applicable laws including copyright and trade mark laws under the laws of Australia and other countries through international treaties.

This Website and its contents are subject to copyright, which is owned by WaterWix. WaterWix does not grant you and intellectual property rights in this Website, interface or contents. You must not use any trademark displayed on this Website.

WaterUps® and the WaterUps® logo are registered trademarks of WaterWix Pty Ltd. Other logos or trademarks shown on this Website are owned by third parties.

4. Information Links to Third Party Websites

The Website may contain information from or hyperlinks and other references to websites operated by third parties. Such information or websites are not under the control of WaterWix and WaterWix is not responsible for the contents of any such information or website. WaterWix provides such information and hyperlinks to you as convenience only. You rely on such information or websites entirely at your own risk.

5. Indemnity

You agree to indemnify and will keep WaterWix indemnified against any claim, demand, loss, expense, cost or liability (whether direct or indirect) made against or suffered by WaterWix in connection with your use of the Website.

6. Disclaimer of warranty

WaterWix makes no representation or warranty as to the accuracy or reliability of the information contained on the Website (including in relation to any products or services). To the extent permitted by law, WaterWix will not be liable or responsible in any way for errors in, or omissions from, the information contained on the Website.

Terms and Conditions of Purchase

1. Ordering goods

You may make purchases via the Website by selecting and placing your order in accordance with these Terms and Conditions. Any order placed by you is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on the Website at the time you place your order.

You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods or services ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods or services being sent to you.

WaterWix may change the prices published on the Website at any time. You agree to pay the price current at the time of payment.

We may require additional verification or information before accepting any order.

We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.

You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the Paypal account or credit or debit card used to place your order and that your nominated Paypal account or credit or debit card will cover the full cost of the purchase.

We reserve the right to reject your order for products or services purchased through the Website for any reason, including but not limited to if the products or services are not available, if there is an error in the description or price of the requested products or services as advertised on the Website or if there is an error in your order. If we reject your order, we will notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for your purchase, you will receive a full refund.

2. Returns policy

If you are not happy with your purchase from the WaterUps® Website, you can return or exchange it, or have it repaired in accordance with the terms below. The Australian Consumer Law protects consumers by giving them certain guarantees when they buy goods and services. These are known as “Consumer Guarantees”. For further information, please refer to the Australian Competition and Consumer Commission website.

You must provide proof of purchase to make a claim and WaterWix reserves the right to decline an exchange, refund or repair where a fault is caused by misuse or neglect.

Goods purchased on this Website can be returned to:

WaterWix Pty Ltd
Attention: Binay Aryal
Warehouse 1B, 35 Stennett Rd,
INGLEBURN  NSW  2565

Once your order has been returned to us we will advise PayPal that the goods have been returned. Refunds would be issued in accordance with PayPal’s Refunds & Returns Policy.

3. Australian Consumer Law Consumer Guarantee Rights

Goods purchased from this Website come with guarantees that cannot be excluded under the Australian Consumer Law.

For goods, you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

4. Exclusion of liability

To the extent permitted by law, WaterWix will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, or profits, arising out of or in connection with:

1. The use, copying, or display of the contents of the Website; or

2. Goods or services supplied by WaterWix under these Terms and Conditions.

Gift Card Terms and Conditions of Use

1. Issuer

These Terms and Conditions apply to the use of WaterUps® Gift Cards (Gift Cards) which are issued by WaterWix Pty Ltd –
ABN 58 166 973 011 (WaterWix).

2. Use of the Gift Card

Purchase or use of the Gift Card constitutes your acceptance of the Terms and Conditions.

3. Limitations

WaterUps® Gift Cards can only be redeemed on the WaterUps® website (“the website”). Use of the website is governed by the Website Terms and Conditions and the Website Terms of Use.

Gift Cards are valid for three (3) years from the date of purchase and expire in accordance with these Terms and Conditions.

Gift Cards are non-refundable and cannot be redeemed for cash.

Purchases exceeding the Gift Card’s available balance require the difference to be paid by another payment method accepted on the website.

4. Risk of Loss

WaterWix are not responsible if the Gift Card is lost, stolen, or destroyed, or if the Gift Card is used without your permission.

5. General Terms

WaterWix reserves the right to change any term contained in these Terms and Conditions where the change is required:

  • to comply with all relevant legislation in force from time to time;
  • for reasonable operational, administrative, compliance or corporate governance reasons, or to prevent the occurrence of fraud or other unlawful, unethical or unacceptable conduct; or
  • where WaterWix, acting reasonably, considers that it will not cause detriment to the customer.

6. Governing Law

These Terms and Conditions are to be interpreted and enforced in accordance with the laws of New South Wales, Australia. Any disputes arising from your purchase or use of a WaterUps® Gift Card are subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

Coupon Terms and Conditions of Use

1. Issuer

These Terms and Conditions apply to the use of WaterUps® promotional Coupons (Coupons) which are issued by WaterWix Pty Ltd – ABN 58 166 973 011 (WaterWix).

2. Use of the Coupons

Your use of the Coupon constitutes your acceptance of these Terms and Conditions.

3. Limitations

Coupons can only be used on the WaterUps® website (“the website”). Use of the website is governed by the Website Terms and Conditions and the Website Terms of Use.

Coupons are not transferable and are not redeemable for cash.

Coupons apply only to qualifying items displaying the coupon offer, and are valid from the commencement of the Coupon promotion until the the offer expiry date specified on the Coupon.

Coupons are valid for a limited time only. WaterWix reserves the right to modify or cancel Coupons at any time.

Use of Coupons is limited to one Coupon per customer for each Coupon promotion.

Applicable shipping and handling charges apply to all products sold on the website, unless specifically excluded in the Coupon promotional offer.

4. General Terms

WaterWix reserves the right to change any term contained in these Terms and Conditions where the change is required:

  • to comply with all relevant legislation in force from time to time;
  • for reasonable operational, administrative, compliance or corporate governance reasons, or to prevent the occurrence of fraud or other unlawful, unethical or unacceptable conduct; or
  • where WaterWix, acting reasonably, considers that it will not cause detriment to the customer.

5. Governing Law

These Terms and Conditions are to be interpreted and enforced in accordance with the laws of New South Wales, Australia. Any disputes arising from your use of a WaterUps® promotional Coupon are subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

 

Last updated: 23 October 2018