Please read these Website Terms of Use carefully before using this Website
www.freshwatersystems.com.au (Website) is operated by Freshwater Systems Pty Ltd A.B.N. 90 641 882 251 of 7-9 Walsh Avenue, St Marys, South Australia 5042 (Freshwater Systems, we, us and our).
By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Website.
We amend these Terms of Use from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.
We may update and change our Website from time to time to reflect changes to our services, our users’ needs, changes in law and our business priorities.
We do not guarantee that our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our Website is directed to users who are at least 18 years old and are residing in and using this Website within Australia. We do not represent that content available on or through our Website is appropriate for use or available in other locations. If you access our Website from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Website from your location.
If you choose, or you are provided with, log-in details, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any log-in credentials, user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your log-in details, user identification code or password, you must promptly notify us at Freshwater Systems Administration (filters@freshwatersystems.com.au or phone 08 8351 7800).
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
This Website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website.
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
Where our Website contains links to other websites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
This Website may include information and materials uploaded by other users of the Website, including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
This Website may contain comment threads, personal web pages or profiles, forums, bulletin boards, social media feeds and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the Website. User Contributions may also include Google or Stripe reviews which are submitted by a user via websites operated by Google or Stripe (or other third parties) and displayed on the Website.
All User Contributions must comply with the content standards set out in clause 12 of these terms.
Any User Contribution will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution , you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website (including reviews posted via Google or Stripe) constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards in clause 12 of these Terms of Use.
You are solely responsible for securing and backing up your content.
You represent and warrant that:
We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us at Freshwater Systems Administration (filters@freshwatersystems.com.au or phone 08 8351 7800).
The content standards in this clause 12 apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards in this clause 12.
You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Website, any websites linked to it, any content on our Website or such other websites or any services or items obtained through our Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to your use of any information obtained from the Website and any use of the Website’s content, services and products other than as expressly authorised in these Terms of Use.
We do not guarantee that our Website will be secure or free from bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your technology to access our Website. You should use your own antivirus software.
You may link to pages on our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in clause 12.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Website must not be framed or mirrored on any other website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Website other than that set out above, please contact Freshwater Systems Marketing (marketing@freshwatersystems.com.au or phone 08 8351 7800).
These Terms of Use are governed by and construed in accordance with the laws of the state of South Australia and are subject to the non-exclusive jurisdiction of the courts of South Australia.
This Website is protected under local trademark law. The trademarks, trade names, logos, service marks, product names and company names (Trademarks) appearing on this Website are registered and unregistered trademarks of us, our affiliates or licensors. You must not use any Trademarks appearing on this Website:
You must not use such Trademarks without our prior written permission unless they are part of material you are using as permitted under clause 8. Other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners and are used by us under licence.
You may use the Website only for lawful purposes and in accordance with these terms. You agree not to use the Website:
Additionally, you agree not to:
We may report any of the activities above to the relevant law enforcement authorities or regulators and we will cooperate with those authorities or regulators by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are incorporated by this reference into these Terms of Use.
These Terms were last updated on 15th May 2024.