Terms of service

"Authority to Leave" or "ATL" means written or electronic permission granted by you allowing our delivery partners to leave Products at your designated delivery address without obtaining a signature.

"Backorder" means an Order or part of an Order for Products that are temporarily out of stock at the time of Order placement and are awaiting resupply.

"Business Day" means a day that is not a Saturday, Sunday, or public holiday in New South Wales.

"Company," "we," "us," or "our" means AQUALA Pty Ltd (ABN 32 695 512 933).

"Consumer" has the meaning given in section 3 of the ACL.

"Consumables" means replacement filters, cartridges, membranes, O-rings, and other periodic replacement items required for the ongoing operation of our Products.

"Delivery Address" means the address specified by you for delivery of Products.

"ETA" means the estimated time of availability or delivery provided at the time of a Pre-Order or Backorder.

"Force Majeure Event" has the meaning given in clause 15.1.

"Payment Processing Fees" means the non-recoverable fees charged by third-party payment gateway providers (including credit card merchant fees, PayPal transaction fees, and Afterpay/Zip merchant service fees) in connection with processing your payment and any subsequent refund.

"GST" means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

"Major Failure" has the meaning given in sections 260 and 261 of the ACL.

"Non-Excludable Guarantee" means any guarantee, warranty, term, or condition implied by the ACL which cannot be lawfully excluded, restricted, or modified.

"Order" means a request to purchase Products submitted by you through our Website or other authorised channels.

"Pre-Order" means an Order for Products that are not yet available for immediate dispatch, including new product releases and items awaiting manufacture or restock.

"Products" means water filtration systems, reverse osmosis systems, shower filters, whole-house filtration units, undersink systems, replacement filter cartridges, membranes, fittings, accessories, and any other goods offered for sale by us.

"Product Recall" has the meaning given in clause 17.1.

"Subscription" means an ongoing arrangement for the periodic, automatic delivery of Consumables as described in clause 10.

"Subscription Period" means the recurring billing interval applicable to your Subscription (monthly, quarterly, or as otherwise agreed).

"WaterMark" means certification under the WaterMark Certification Scheme administered by the Australian Building Codes Board (ABCB) in accordance with the Plumbing Code of Australia and AS/NZS 3718.

"Website" means aquala.au and any related subdomains.

"You" or "your" means the person or entity placing an Order, using our Website, or receiving our Products.

1.2 Interpretation

(a) Headings are for convenience only and do not affect interpretation.

(b) Words importing the singular include the plural and vice versa.

(d) "Including" and similar expressions are not words of limitation.

2. APPLICATION OF THESE TERMS

2.1 Agreement to Terms

By placing an Order, using our Website, or receiving our Products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

2.2 Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Return and Refund Policy, and any specific warranty documentation, constitute the entire agreement between you and us regarding your purchase of our Products.

2.3 Prevailing Terms

If there is any inconsistency between these Terms and Conditions and any other communication (including advertising materials or verbal representations), these Terms and Conditions prevail to the extent of the inconsistency, except where prohibited by the ACL.

2.4 Changes to Terms

We may update these Terms and Conditions from time to time. The version applicable to your Order is the version in effect at the time you place your Order. Material changes will be posted on our Website.

3. AUSTRALIAN CONSUMER LAW ACKNOWLEDGEMENT

3.1 Consumer Guarantees

IMPORTANT NOTICE FOR AUSTRALIAN CONSUMERS

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to:

(e) A replacement or refund for a Major Failure;

(f) Compensation for any other reasonably foreseeable loss or damage; and

(g) Repair or replacement if the goods fail to be of acceptable quality and the failure does not amount to a Major Failure.

3.2 Non-Excludable Guarantees

Nothing in these Terms and Conditions excludes, restricts, or modifies any Non-Excludable Guarantee or any other right or remedy conferred by the ACL or any other applicable law that cannot be lawfully excluded, restricted, or modified.

3.3 Residential Products — Section 64A Inapplicable

Our Products are residential water filtration systems ordinarily acquired for personal, domestic, or household use. Accordingly, the limitation of liability permitted under Section 64A of the ACL does not apply, and full consumer guarantee remedies (including compensation for reasonably foreseeable consequential loss) are available to you.

3.4 Statutory Guarantees

Under the ACL, the following consumer guarantees automatically apply to Products we sell:

Guarantee	ACL Section	Application
Acceptable Quality	s.54	Safe, durable, free from defects, acceptable in appearance
Fitness for Purpose	s.55	Filters water to advertised specifications
Match Description	s.56	Matches website/catalogue descriptions
Match Sample/Demo	s.57	Matches any demonstration model shown
Express Warranties	s.59	All stated warranties must be honoured
Spare Parts & Repairs	s.58	Available for reasonable period after purchase

4. ORDERS AND ORDER ACCEPTANCE

4.1 Order Placement

You may place Orders through our Website, by email (support@aquala.au), or by telephone. All Orders are subject to acceptance by us.

4.2 Order Acceptance

An Order constitutes an offer by you to purchase Products. A binding contract is formed only when we confirm acceptance of your Order by dispatching the Products and sending you an Order Confirmation. We reserve the right to decline any Order for reasons including:

(h) Product unavailability;

(i) Errors in product descriptions, images, or pricing;

(j) Suspected fraudulent activity;

(k) Inability to verify payment information;

(l) Delivery restrictions to your location.

4.3 Order Cancellation by You

You may cancel an Order without charge if the Products have not been dispatched and you notify us in writing. If Products have been dispatched, cancellation is treated as a return under our Return and Refund Policy. For Pre-Orders, see clause 6.5.

4.4 Order Cancellation by Us

We may cancel an Order at any time before delivery if Products become unavailable, we discover a pricing error, we cannot verify your payment or delivery information, or a Force Majeure Event prevents fulfilment. If we cancel your Order, we will provide a full refund using the original payment method.

5. PRICING AND PAYMENT

5.1 Price Display

All prices displayed on our Website are in Australian Dollars (AUD) and include GST unless otherwise stated, in accordance with Section 48 of the ACL (single price display requirements).

5.2 Price Changes

Prices are subject to change without prior notice. The price applicable to your Order is the price displayed at the time you place your Order.

5.3 Payment Methods

We accept payment via major credit/debit cards (Visa, Mastercard, American Express), PayPal, Afterpay, and any other payment methods displayed at checkout. Payment must be received in full at the time of Order placement, including for Pre-Orders. Subscription payments are charged at the start of each Subscription Period.

5.4 Pricing Errors

In the event of a pricing error (for example, where the listed price is significantly lower than the intended price due to a technical error), we reserve the right to cancel the order and provide a full refund, or to contact you to arrange payment of the correct price before dispatch. We will not dispatch goods at an incorrect price.

5.5 Promotional Pricing

Any "was/now" or comparative pricing displayed on our Website reflects a genuine prior selling price maintained for a minimum of twenty-eight (28) consecutive days within the preceding six (6) months, in accordance with ACCC guidance on component pricing.

6. PRE-ORDERS AND BACKORDERS

6.1 Pre-Orders

A Pre-Order is an Order for Products that are not yet available for immediate dispatch, including new product releases and items awaiting manufacture or restock. Products available for Pre-Order will be clearly identified on our Website with an estimated availability date.

6.2 Payment

Pre-Orders require full payment at the time the Order is placed.

By placing a Pre-Order, you agree to pay the full purchase price (including any applicable shipping costs) at checkout. Payment will be processed immediately using your selected payment method. Your Pre-Order secures your place in the fulfilment queue.

6.3 Estimated Availability and Updates

We will provide an ETA at the time of Pre-Order. ETAs are estimates only and are not guaranteed delivery dates. If the ETA changes, we will notify you by email within five (5) Business Days of becoming aware of the change and provide a revised ETA. We will also provide status updates at least every fourteen (14) days while your Pre-Order is pending.

6.4 Pre-Order Cancellation by You

You may cancel a Pre-Order at any time before the Products are dispatched by contacting us at support@aquala.au.

Cancellation Refunds:

Where you cancel a Pre-Order, we will refund the full purchase price less any non-recoverable Payment Processing Fees incurred by us in connection with the original transaction and the refund. Payment Processing Fees are charged by third-party payment gateway providers and are not within our control. We will clearly disclose the approximate Payment Processing Fee deduction before confirming your cancellation.

For the avoidance of doubt:

(m) The Payment Processing Fee deduction applies only to voluntary cancellations (change of mind);

(n) No Payment Processing Fee deduction applies where the cancellation is due to our failure to meet a consumer guarantee under the ACL, our cancellation of the Pre-Order, a delay exceeding thirty (30) days beyond the original ETA, a material change in Product specifications, or any other circumstance where you are exercising a right under the ACL;

(o) We will process the refund within five (5) Business Days of confirming the cancellation.

6.5 Refund Triggers for Pre-Orders

You are entitled to a full refund of the entire purchase price (with no deduction for Payment Processing Fees) if:

(p) We cancel the Pre-Order for any reason;

(q) The ETA is delayed by more than thirty (30) days beyond the original estimated date and you elect to cancel;

(r) The Product specifications change materially from those advertised at the time of Pre-Order and you do not accept the changes;

(s) We are unable to fulfil the Pre-Order due to a Force Majeure Event continuing for more than sixty (60) days; or

(t) The Product fails to meet a consumer guarantee under the ACL upon delivery.

Nothing in this clause limits your rights under the ACL.

6.7 Backorders

A Backorder occurs when Products in your Order are temporarily out of stock after Order placement. If Products become backordered, we will notify you within two (2) Business Days and offer you the following options:

(u) Wait for the backordered item with a revised ETA;

(v) Partial dispatch of available items (with no additional shipping charge for the backordered items when dispatched later);

(w) Substitution with an equivalent or superior product at no additional cost (with your written consent); or

(x) Full refund of the backordered item.

If you choose to wait and the Backorder is not fulfilled within thirty (30) days of the revised ETA, you may cancel the backordered portion for a full refund at any time.

7. DELIVERY AND TITLE

7.1 Shipping

We offer standard and express shipping within Australia. Shipping costs are calculated and displayed at checkout before you complete your Order. Free shipping promotions, where offered, will be clearly indicated.

7.2 Delivery Timeframes

Orders are generally processed and dispatched within one (1) to two (2) Business Days. Delivery timeframes are estimates only and may be affected by factors beyond our control, including courier delays, public holidays, and weather events. Estimated delivery timeframes are indicative only and do not constitute a representation that delivery will occur within a specific period.

7.3 Risk

Risk of loss or damage to Products passes to you upon delivery to the Delivery Address (or upon placement at the Delivery Address pursuant to ATL instructions).

7.4 Retention of Title (Romalpa Clause)

Notwithstanding delivery, legal and equitable title to the Products remains with AQUALA Pty Ltd and does not pass to you until all amounts owing to us in respect of the Products (and any other amounts owing by you to us under these Terms or any other agreement) have been paid in full.

Until title passes to you:

(y) You hold the Products as our fiduciary bailee and agent;

(z) You must store the Products separately from your own goods and goods of third parties and in a manner that clearly identifies them as our property;

(aa) You must not remove, alter, or obscure any packaging, labelling, serial numbers, or identifying marks on the Products;

(bb) You must insure the Products for their full replacement value against all risks and hold the proceeds of any insurance claim on trust for us;

(cc) You must not sell, dispose of, encumber, pledge, or grant any security interest over the Products without our prior written consent;

(dd) You must not mix, combine, or incorporate the Products with any other goods in a manner that makes them unidentifiable; and

(ee) We may, without prejudice to any other rights, enter any premises where the Products are stored and repossess them if: (i) any amount owing to us is overdue by more than fourteen (14) days; (ii) you become insolvent, enter into administration, receivership, or liquidation; (iii) you breach any material term of these Terms; or (iv) we reasonably believe the Products are at risk of being seized, damaged, or disposed of.

If we exercise our right of repossession, you irrevocably authorise us and our agents to enter any premises (including your residential or business premises) where the Products are or may be stored, without liability for trespass or any resulting damage, provided we act reasonably.

You agree that we may register a security interest in the Products on the Personal Property Securities Register ("PPSR") under the Personal Property Securities Act 2009 (Cth) ("PPSA"). You waive your rights under sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142, and 143 of the PPSA to the extent permitted by law. You agree to provide all assistance reasonably required by us to register and maintain our security interest on the PPSR, including by signing any documents and providing any information we request.

This clause 7.4 does not apply to the extent it would be inconsistent with a consumer guarantee under the ACL. Your rights under the ACL are not limited by this clause.

7.5 Authority to Leave (ATL)

If you provide ATL instructions, you accept full responsibility for the Products once they are left at the designated location. We are not liable for theft, damage, or loss of Products left unattended pursuant to ATL instructions.

7.6 Incorrect Address

If a delivery is unsuccessful due to incorrect address information provided by you, you will be responsible for any additional shipping costs incurred to redeliver the Products.

7.7 Regional and Remote Areas

Deliveries to rural, regional, or remote areas may incur an additional surcharge, which will be calculated and displayed at checkout before you complete your Order.

8. PRODUCT DESCRIPTIONS AND COMPLIANCE

8.1 Product Accuracy

We make every reasonable effort to ensure that product descriptions, images, specifications, and other information on our Website are accurate. Minor variations may occur between images displayed and the actual product received. Where we become aware of a material error, we will notify you and offer you the option to proceed with or cancel your order.

8.2 WaterMark Certification

Certain Products we sell require WaterMark certification under the Plumbing Code of Australia and AS/NZS 3718. Where applicable, WaterMark certification status and certification numbers are indicated in the product listing. Products bearing WaterMark certification have been tested and certified as compliant by a JAS-ANZ accredited certification body.

8.3 Plumbing Installation Requirements

Products intended for connection to a reticulated (piped) water supply must be installed by a licensed plumber in accordance with AS/NZS 3500 and all applicable state and territory plumbing regulations. It is the Customer's responsibility to ensure that any product purchased complies with local plumbing regulations and is installed by a licensed plumber where required by law.

8.4 Health and Performance Claims

All performance claims made on our Website (including contaminant removal rates, TDS reduction percentages, and filtration specifications) are substantiated by independent laboratory testing. We do not make therapeutic or medical claims about our Products. Our Products are not registered as therapeutic goods with the Therapeutic Goods Administration (TGA) and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

8.5 Environmental Claims

Any environmental claims we make about our Products or packaging are substantiated in accordance with the ACCC’s eight principles for trustworthy environmental claims. Substantiation evidence is available upon request.

9. INSTALLATION

9.1 Licensed Plumber Requirement

Water filtration products connected to a mains water supply must be installed in accordance with the manufacturer’s instructions, applicable Australian Standards (including AS/NZS 3500), and all relevant state and territory plumbing regulations. Where required by law, Products must be installed by a licensed plumber. All Australian states and territories require licensed plumbers for mains-connected water filtration installation.

9.2 DIY Installation

Certain Products (such as benchtop or countertop filters not connected to mains plumbing) may be suitable for self-installation. Where a Product is suitable for DIY installation, this will be clearly stated in the product listing. If you are unsure whether a Product requires professional installation, contact us at support@aquala.au before purchase.

9.3 Installation Liability

We are not liable for any damage, loss, or injury arising from improper installation, including installation that does not comply with the manufacturer’s instructions, applicable standards, or plumbing regulations. Installation by a person who is not a licensed plumber, where a licensed plumber is required by law, may void the warranty and may also affect your property insurance.

9.4 Compliance Certificates

A licensed plumber installing our Products is required to issue a compliance certificate upon completion. We recommend you retain this certificate for your records, as it may be required for warranty claims, insurance claims, or property transactions.

10. SUBSCRIPTION SERVICES

10.1 Overview

Our Subscription service provides automatic, recurring delivery of Consumables at intervals based on your Product type and usage. Subscriptions are designed to ensure you receive replacement filters, cartridges, and membranes before your current Consumables reach the end of their recommended service life.

10.2 Creating a Subscription

You may create a Subscription:

(ff) At the time of Product purchase through our Website;

(gg) Through your account dashboard on our Website at any time; or

(hh) By contacting us at support@aquala.au.

By creating a Subscription, you authorise us to charge your nominated payment method at the start of each Subscription Period for the applicable Consumables and delivery costs.

10.3 Subscription Pricing and Billing

Subscription prices are locked at the rate in effect at the time you subscribe. We may increase Subscription prices with at least thirty (30) days’ written notice sent to your registered email address. If you do not accept a price increase, you may cancel your Subscription without penalty before the next billing date. Subscriptions may be billed monthly, quarterly, or at custom intervals aligned with the recommended replacement schedule for your Product.

10.4 Auto-Renewal

Your Subscription will automatically renew at the end of each Subscription Period unless you cancel before the next billing date.

We will send you a reminder email at least seven (7) days before each automatic renewal, confirming:

(ii) The upcoming renewal date;

(jj) The Consumables included in the next shipment;

(kk) The total amount to be charged; and

(ll) Instructions for how to cancel, pause, or modify your Subscription.

This auto-renewal notification is provided in accordance with ACCC guidance on subscription transparency and the unfair contract terms provisions of the ACL (Part 2-3, sections 23–28).

10.5 Managing Your Subscription

You may modify your Subscription at any time through your account dashboard or by contacting us. Available modifications include:

(mm) Changing the delivery frequency;

(nn) Updating the delivery address;

(oo) Adding or removing Consumable items;

(pp) Skipping a delivery; and

(qq) Pausing your Subscription for up to six (6) months.

Modifications must be made at least five (5) Business Days before your next scheduled shipment to take effect for that shipment.

10.6 Cancellation

You may cancel your Subscription at any time, for any reason, without penalty.

Cancellation can be effected:

(rr) Through your account dashboard on our Website (one-click cancellation);

(ss) By emailing support@aquala.au; or

(tt) By contacting our customer service team.

Cancellation takes effect at the end of the current Subscription Period. You will not be charged for any future Subscription Periods after cancellation. No cancellation fees, exit fees, or break fees apply.

We may cancel your Subscription if: (a) payment fails on three (3) consecutive attempts despite reasonable notice to you; (b) Products are returned undeliverable on two (2) consecutive occasions; or (c) we discontinue the Subscription service, in which case we will provide at least sixty (60) days’ notice.

10.7 Failed Subscription Payments

If a Subscription payment fails, we will:

(uu) Retry payment after three (3) days;

(vv) Notify you by email of the failure and retry after a further seven (7) days if still unsuccessful; and

(ww) Suspend your Subscription if payment fails on the third attempt.

During suspension, no shipments will occur. You may reactivate your Subscription at any time by updating your payment method. If your Subscription is not reactivated within sixty (60) days, it will be automatically cancelled. Reactivated Subscriptions resume at the current Subscription price, which may differ from your original locked rate.

10.8 Subscription Returns

Consumables received through your Subscription may be returned if they are defective or damaged on arrival (under the ACL), the wrong items were shipped, or you return them unopened within thirty (30) days of delivery under our voluntary 30-Day Money Back Guarantee. Used or opened Consumables are not eligible for change of mind returns but remain covered by ACL consumer guarantees if defective.

10.9 Unfair Contract Terms Compliance

Our Subscription terms are designed to comply with the unfair contract terms provisions of the ACL (Part 2-3). In particular: (a) there is no minimum lock-in term; (b) there are no cancellation fees or exit penalties; (c) price increases require thirty (30) days’ notice and you may cancel rather than accept; (d) auto-renewal reminders are sent before each billing cycle; and (e) cancellation is available through the same channels used to subscribe. If any Subscription term is found to be unfair under the ACL, that term is void.

11. WARRANTIES

11.1 Warranty Against Defects

AQUALA Pty Ltd (ABN 32 695 512 933) warrants our Products against defects in materials and workmanship for a period of twelve (12) months from the date of delivery ("Warranty Period"), unless a different warranty period is specified in the product listing. During the Warranty Period, we will, at our option, repair or replace any Product found to have a defect under normal use and in accordance with the Product's intended purpose and installation instructions.

11.2 Warranty Exclusions

This warranty does not cover:

• Damage caused by accident, misuse, abuse, neglect, unauthorised modification, or improper installation (including installation not performed by a licensed plumber where required by law);

• Damage caused by use with water supplies that do not meet the Product’s specified input water quality requirements;

• Normal wear and tear, including the expected degradation of filter cartridges and membranes over their recommended service life;

• Consumables (replacement filter cartridges, membranes, O-rings) that have been used, unless they are defective at the time of supply;

• Damage caused by power surges, electrical faults, lightning, flood, fire, or other events beyond our reasonable control;

• Cosmetic damage that does not affect the functionality of the Product;

• Products purchased from unauthorised resellers or third-party marketplaces not authorised by AQUALA.

11.3 Making a Warranty Claim

To make a warranty claim, contact us at support@aquala.au with your proof of purchase and a description of the defect. We may require you to return the Product, provide photographs or video, or allow us to inspect the Product. We will assess your claim and notify you of the outcome within a reasonable timeframe.

11.4 Relationship to Consumer Guarantees

The benefits conferred by this warranty are in addition to other rights and remedies available to you under the Australian Consumer Law. This warranty does not exclude, limit, or replace your consumer guarantee rights under the ACL.

12. LIMITATION OF LIABILITY

12.1 Preserved Liability

Nothing in these Terms limits or excludes our liability for:

(xx) Death or personal injury caused by our negligence;

(yy) Fraud or fraudulent misrepresentation;

(zz) Any liability that cannot be excluded or limited under the Australian Consumer Law or any other applicable legislation; or

(aaa) Breach of a Non-Excludable Guarantee.

12.2 Limitation for Non-ACL Claims

Subject to clause 12.1, and to the maximum extent permitted by law:

(bbb) Our total aggregate liability to you in respect of all claims arising out of or in connection with these Terms (other than claims for breach of a Non-Excludable Guarantee) shall not exceed the total purchase price paid by you for the relevant Product;

(ccc) We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, or loss of opportunity, arising out of or in connection with your use of our Products, except to the extent that such loss arises from a breach of a Non-Excludable Guarantee;

(ddd) We shall not be liable for any damage caused to your property by the installation, maintenance, or use of our Products by any person other than a licensed plumber, except to the extent that such damage is caused by a defect in the Product that constitutes a breach of a consumer guarantee under the ACL.

12.3 ACL Rights Unaffected

For the avoidance of doubt, these limitations do not apply to, and do not reduce, any rights or remedies you have under the Australian Consumer Law in relation to a failure to comply with a consumer guarantee. Your ACL rights to compensation for reasonably foreseeable consequential loss arising from a breach of a consumer guarantee are not limited by these Terms.

13. INDEMNITY

13.1 Your Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless AQUALA Pty Ltd, its directors, officers, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal costs on a solicitor-and-own-client basis) arising out of or in connection with:

(eee) Your breach of these Terms and Conditions;

(fff) Your use of our Products in a manner inconsistent with the manufacturer’s instructions, applicable Australian Standards, or intended purpose;

(ggg) Installation of our Products by any person who is not a licensed plumber where a licensed plumber is required by law;

(hhh) Any claim by a third party arising from your resale, redistribution, or commercial use of our Products without our prior written consent;

(iii) Your negligent acts or omissions causing loss or damage to a third party in connection with our Products; and

(jjj) Any false, misleading, or inaccurate information provided by you in connection with an Order, warranty claim, or return.

13.2 Limitations on Indemnity

This indemnity does not apply to the extent that the claim, loss, or damage arises from:

(kkk) A defect in our Products that constitutes a breach of a consumer guarantee under the ACL;

(lll) Our negligence, fraud, or wilful misconduct;

(mmm) A failure by us to comply with any obligation under these Terms; or

(nnn) Any liability that cannot be excluded or limited under the ACL or other applicable legislation.

This indemnity is subject to the unfair contract terms provisions of the ACL (Part 2-3, sections 23–28). If any part of this indemnity is found to be unfair, that part is void and the remainder continues in full force.

13.3 Indemnity Procedure

We will notify you promptly in writing of any claim to which this indemnity applies. You are entitled to participate in the defence of any such claim at your own expense. We will not settle any claim without your consent (not to be unreasonably withheld) where such settlement would impose obligations on you beyond payment of money.

14. INTELLECTUAL PROPERTY

All content on our Website, including text, graphics, logos, images, product descriptions, software, and the compilation thereof, is the property of AQUALA Pty Ltd or its licensors and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth).

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from our Website without our prior written consent, except as permitted under the Copyright Act 1968 (Cth).

15. FORCE MAJEURE

15.1 Definition

A "Force Majeure Event" means any event or circumstance beyond our reasonable control, including but not limited to: natural disasters, pandemics, epidemics, government actions, embargoes, sanctions, labour disputes, supply chain disruptions, acts of terrorism, cyberattacks, or interruptions to utilities or telecommunications.

15.2 Suspension of Obligations

We shall not be liable for any delay or failure to perform our obligations under these Terms if caused by a Force Majeure Event. Our obligations are suspended for the duration of the Force Majeure Event. We will use reasonable endeavours to mitigate the effects and resume performance as soon as practicable.

15.3 Prolonged Force Majeure

If a Force Majeure Event continues for more than sixty (60) days, either party may terminate the affected Order by providing written notice, and we will issue a full refund for any undelivered Products.

16. PRIVACY AND DATA

16.1 Privacy

We collect, use, and disclose your personal information in accordance with our Privacy Policy, available on our Website, and in compliance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).

16.2 Electronic Transactions

Your use of our Website and submission of Orders constitutes consent to transact electronically in accordance with the Electronic Transactions Act 1999 (Cth) and equivalent state and territory legislation.

16.3 Marketing Communications

Any marketing communications we send will comply with the Spam Act 2003 (Cth) and will include a functional unsubscribe mechanism. You may opt out of marketing communications at any time.

16.4 Security

We use industry-standard encryption technology (SSL/TLS) to protect personal and financial information transmitted through our Website. However, no method of transmission over the internet is 100% secure, and we cannot guarantee the absolute security of your data.

17. PRODUCT RECALL PROCEDURES

17.1 Definition and Scope

A "Product Recall" means the removal from sale, withdrawal from supply, or corrective action in respect of a Product due to a safety defect, non-compliance with a mandatory standard, or a ban imposed under the ACL (sections 104–136), or a voluntary recall initiated by us.

17.2 Mandatory Reporting Obligations

We are required by law to report product safety incidents to the ACCC. Under section 131 of the ACL, a supplier must report to the Commonwealth Minister within two (2) days of becoming aware that a Product they have supplied has:

(ooo) Caused, or may have caused, the death or serious injury or illness of any person;

(ppp) A safety defect within the meaning of the ACL; or

(qqq) Not complied with a mandatory safety or information standard.

We take this obligation seriously and have internal procedures to ensure timely identification and escalation of potential safety issues.

17.3 Voluntary Recall

In addition to mandatory recalls, we may initiate a voluntary Product Recall where we determine that a Product poses a potential safety risk or does not meet our quality standards, even where a mandatory recall has not been ordered. Voluntary recalls will be conducted in accordance with the ACCC’s guidelines on product recalls.

17.4 Customer Notification

In the event of a Product Recall, we will:

(rrr) Contact affected customers directly by email and, where possible, by telephone using the contact details provided at the time of purchase;

(sss) Publish a recall notice on our Website;

(ttt) Lodge a recall notification with the ACCC’s Product Safety Australia portal (recalls.gov.au) where required;

(uuu) Provide clear instructions on the steps you should take, including whether to stop using the Product immediately; and

(vvv) Specify the remedy available to you (repair, replacement, or refund).

17.5 Recall Remedies

If a Product is subject to a Product Recall, you are entitled to, at your choice:

(www) A full refund of the purchase price (including shipping costs paid);

(xxx) A replacement product of equal or greater specification; or

(yyy) A repair, where the recall notice confirms the defect can be safely and effectively remedied.

We will bear all costs associated with a Product Recall, including return shipping, inspection, repair, replacement, and refund. No restocking fee, return shipping cost, or administrative charge will be applied to a recall return.

17.6 Your Obligations During a Recall

If you are notified of a Product Recall, we ask that you:

(zzz) Cease using the recalled Product immediately if the recall notice advises doing so;

(aaaa) Follow the instructions provided in the recall notification;

(bbbb) Contact us at support@aquala.au to arrange the return, repair, or replacement; and

(cccc) Do not attempt to repair or modify the recalled Product yourself.

Failure to comply with a recall notice does not affect your rights under the ACL, but may affect your eligibility for warranty remedies to the extent that continued use after notification causes further damage.

17.7 Record Keeping

We maintain records of all Products sold (including serial numbers, batch numbers, and customer details) to enable effective communication in the event of a recall. These records are retained for a minimum of seven (7) years in accordance with our record-keeping obligations under the ACL and the Taxation Administration Act 1953 (Cth).

18. RETURNS, REFUNDS AND REMEDIES

Returns and refunds are governed by our Return and Refund Policy, which forms part of these Terms and Conditions and is available on our Website. Our Return and Refund Policy includes:

(dddd) Your statutory rights under the Australian Consumer Law for faulty or defective Products (no time limit — assessed on a reasonable time basis);

(eeee) Our voluntary 30-Day Money Back Guarantee for change of mind returns;

(ffff) Procedures for Products damaged in transit; and

(gggg) Procedures for Pre-Order cancellation refunds (see clauses 6.4 and 6.5) and Subscription returns (see clause 10.8).

Your rights under the ACL are not limited by our voluntary return policy. For a Major Failure, you choose the remedy (refund, replacement, or compensation). For a minor failure, we may choose to repair the Product first.

19. DISPUTE RESOLUTION

19.1 Informal Resolution

If you have a complaint or dispute, please contact us at support@aquala.au. We will make every reasonable effort to resolve the dispute promptly and in good faith. We aim to acknowledge complaints within one (1) Business Day and provide a resolution or substantive update within ten (10) Business Days.

19.2 External Resolution

If we are unable to resolve the dispute directly, you may refer the matter to:

• NSW Fair Trading: 13 32 20 or fairtrading.nsw.gov.au

• Australian Competition and Consumer Commission (ACCC): 1300 302 502 or accc.gov.au

• Your relevant state or territory consumer protection agency

• The applicable state or territory civil and administrative tribunal (e.g., NCAT in NSW)

19.3 Court Proceedings

Nothing in this clause limits your right to commence legal proceedings in a court of competent jurisdiction at any time.

20. GENERAL PROVISIONS

20.1 Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia, and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts. By virtue of Section 67 of the ACL, a choice of law clause cannot exclude the operation of the ACL where it would otherwise apply.

20.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. Where a provision is found to be unfair under Part 2-3 of the ACL, that term is void.

20.3 Waiver

No failure or delay by us in exercising any right under these Terms constitutes a waiver of that right. A waiver is only effective if made in writing and signed by us.

20.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a related body corporate or successor in title without your consent, provided that your rights under these Terms are not adversely affected.

20.5 Notices

Any notice under these Terms must be in writing and sent by email to support@aquala.au (for notices to us) or to the email address you provided at the time of Order (for notices to you).

20.6 Survival

Clauses 3 (ACL Acknowledgement), 7.4 (Retention of Title), 12 (Limitation of Liability), 13 (Indemnity), 14 (Intellectual Property), 17 (Product Recall), 19 (Dispute Resolution), and 20 (General Provisions) survive termination or expiry of any Order or these Terms.

21. CONTACT US

AQUALA Pty Ltd

ABN: 32 695 512 933

Email: support@aquala.au

Website: aquala.au

For complaints or warranty claims, please include your order number and a detailed description of the issue. We aim to respond to all enquiries within one (1) Business Day.