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Terms Of Service

Overview

This website is owned and operated by Botanical Water Technologies Ltd [ACN: 623 093 103]

Throughout this website the terms “we”, “us” and “our” refer to AquaBotanical Water. AquaBotanical Water offers this website to the “user” or “you”, referring to all persons using this website.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Our Services

We will do our best to prevent any delays or interruptions to the website, but we cannot promise that the website will be available at all times. We may stop the operation of part of the website or all of it, at any time and without telling you. However, we will not be responsible for any loss, cost, damage or liability that may arise as a result. We try to make sure the content on the website is accurate, but we do not guarantee this. The content is also general in nature and does not constitute advice in any way.

Online Store Terms

By agreeing to these Terms Of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Ordering & Product Availability

Botanical Water Technologies Pty Ltd requires upfront payment for orders to be delivered. This includes items added to an order already placed. In the instance of non-payment, Botanical Water Technologies Pty Ltd reserves the right to refuse delivery of goods.

When you give us your credit or debit card details you are confirming that you are either the card holder, or that you have permission from the card holder to use the card for the purpose of ordering water from us.

Products offered by us are displayed on our website may not be in ‘real time’. Any product may be withdrawn from offer without notice at our discretion.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. This includes cancellation of orders found to be fraudulent; and cancellation of orders we cannot fulfill for any reason. If your order is cancelled we will contact you to inform you of the cancellation and refund any money you have paid us for that order, without incurring additional liabilities.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness & Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications To The Services, Prices & Products

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Product Warranty

We warrant that the product supplied by us is of merchantable quality when delivered to you. To the extent permitted by law we expressly disclaim all express, implied, statutory warranties, guarantees and representations. Our warranty given in respect of merchantable quality is limited to the replacement or resupply of the affected product to you or a refund of the cost of the product, at our discretion.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.


Third Party Links

This website may contain links to other websites which we do not control, so we’re not responsible for the content of those websites. Although we would typically approve of the content contained in those links, we do not endorse, provide any warranty or take any responsibility for any aspect of those websites or their content. Those links are provided for convenience only and may not remain current and you use them entirely at your own risk.


Intellectual Property

All content displayed or comprising the website, including without limitation the images, brand names, trademarks, commentary, website layout and software are subject to intellectual property protection in Australia and internationally. You do not have permission to modify the content on this website or permit unauthorized users to access it (whether intentionally or otherwise). Also, to the extent we allow you to share parts of this website via social media, please feel free to do so. Other than that, you must not copy, adapt, store, transmit, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services on this website. If you wish to do any of these things, you must get our written permission first. Any misuse of our intellectual property rights and/or our partners’ intellectual property rights will result in immediate termination of your account and you may be liable for damages.

Liability

You acknowledge that we are not liable to you under any circumstances for any loss, damage or expense (including indirect or consequential, loss of opportunity or profits) you may incur from using our website.

Idemnify

You agree to indemnify, defend and hold harmless AquaBotanical Water and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Force Majeure

We shall not be responsible to you if we are unable to deliver your order or if we are prevented from performing our obligations under these Terms of Service due to circumstances beyond our reasonable control. We will notify you of any delays to your delivery. However, if we are prevented from performing our obligations beyond a reasonable time then we may, at our discretion, elect to cancel your order and provide a refund or credit to the value of the cancellation without further liability to you.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

These Terms contain the entire agreement between you and us for the use of our website to purchase product. All and any other understandings, agreements and representations are hereby expressly excluded.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 40 Errol St, Prahran, VIC, 3181, Australia.

Contact Us

If you have any questions relating to these Terms of Service, please contact us at admin@wegrowwater.com