1.1 General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
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.
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.
- All references to the ‘company,’ ‘us,’ ‘our,’ ‘we,’ or ‘SureAqua’ means SureAqua Corporation Pty Ltd.
- All references to ‘you,’ ‘your,’ the ‘user,’ or the ‘customer’ means the person or persons, using the Website, making a transaction such as a donation or purchasing goods or agreeing to purchase goods, from SureAqua Corporation Pty Ltd.
- All references to the ‘Website’ shall include a reference to all URL’s owned by Sure Aqua Corporation Pty Ltd
- ‘Business Day’ means a day other than a public holiday, a Saturday or a Sunday on which commercial banks are open for general business in London, NSW, Australia.
- ‘Transaction’ means any donation made by, or contract to purchase goods entered into by, a user of the Website with SureAqua Corporation Pty Ltd.
- ‘communications’ includes communication by telephone, fax, email, mobile phone text message, and postal or courier service.
- ‘Deemed day of receipt’ can only be on a business day and means, in the case of telephone communications the time and day of the connected call between SureAqua Corporation Pty Ltd and you, in the case of fax at the point of the sender’s time and date stamp if between 9 am and 5 pm on Australia’s time zone and if outside those hours at 9 am on the following business day, in the case of email at the point of the sender’s time and date stamp if between 9 am and 5 pm on Australia’s time zone and if outside those hours at 9 am on the following business day, in the case of a mobile phone text message at the point of the sender’s time and date stamp if between 9 am and 5 pm on Australia’s time zone and if outside those hours at 9 am on the following business day, in the case of postal service two business days after the proven date of posting, and in the case of courier deliveries at the time and on the date recorded when the communication was signed for.
- ‘SureAqua Corporation Pty Ltd’ business hours are 9.00 am to 5.30 pm on Australia’s time zone on a business day.
- ‘Goods’ means goods purchased by you from SureAqua Corporation Ltd.
1.3 Jurisdiction, Territorial Limitations & Severability
In the event that any provision of these Terms of Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable Law. The unenforceable portion shall be deemed to be severed from these Terms of Agreement, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- All transactions shall be governed by and construed in accordance with Australian Law. Any dispute between the user and SureAqua Corporation Pty Ltd will be resolved exclusively in the courts of NSW Australia. Nothing in these terms and conditions will be deemed to affect your statutory rights under Australian Law.
- If any part of these terms and conditions is held by any court of NSW, Australia and to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
1.4 Intellectual Property Rights
The trademarks, tradenames, logos, service marks, trade dress, and products (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Sure Aqua Corporation and others. The trademarks, tradenames, logos, service marks, trade dress, and products in this Website are protected in Australia and internationally.
Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Sure Aqua Corporation or such third party that may own the Trademarks displayed on the Website. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Legal Statements, is strictly prohibited. You are also advised that Sure Aqua Corporation will strictly and aggressively enforce its intellectual property rights to the fullest extent of the Law, including the seeking of criminal prosecution.
The materials of this Website are protected by Copyright and Trademark Laws of Australia and other countries and are owned by, or licensed to Sure Aqua Corporation. All content of this Website is owned or controlled by Sure Aqua Corporation. You may download content only for your personal use for non-commercial purposes, but no modification or further reproduction of the content is permitted. The contents of the Website, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of the Sure Aqua Corporation Legal Department.
Sure Aqua Corporation neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Sure Aqua Corporation.
Sure Aqua Corporation maintains this Website for your personal information, education, and communication. Please feel free to browse the Website. You may download material displayed on the Website for personal; non-commercial use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video without Sure Aqua Corporation’s prior written permission.
You agree to grant to SureAqua a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Website (such as bulletin boards, forums, and newsgroups) or by email to SureAqua by all means and in any media now known or hereafter developed.
You also grant to SureAqua the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against SureAqua for any alleged or actual infringement or misappropriation of any proprietary right in your communications to SureAqua.
1.5 Third-Party Rights
The Contracts (Rights of Third Parties) Act 1999 will not apply to this Agreement, and no person other than the Parties will have any rights under it. The terms of this Agreement may be varied, amended, or modified, or this Agreement may be suspended, canceled, or terminated by Agreement in writing between the Parties or this Agreement may be rescinded (in each case) without the consent of any third party.
The provisions of paragraphs Use of the service and Indemnification are for the benefit of SureAqua and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
1.6 Force Majeure
We shall not be liable or be deemed to be in breach of contract by reason of any delay in performing or failure to perform any of our obligations where such delay or failure is due to any cause beyond our reasonable control, and in such circumstances, we shall be entitled to a reasonable extension of time for performing such obligations.
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control; Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of SureAqua Corporation Pty Ltd or of a third party); difficulties in obtaining raw materials, labor, fuel, parts or machinery; power failure or breakdown in machinery, material breach of contract or other default of our suppliers or sub-contractors.
If by reason of such circumstances, it shall become impossible within a reasonable time for us to wholly or partly supply the items ordered, then the customer’s liability will be limited to the value of the items already supplied together with any associated reasonable delivery charges.
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 Agreement are valid unless and until terminated by either you or us. You may terminate these Terms of Agreement at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
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 Agreement, 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).
This Agreement shall all be governed and construed in accordance with the laws of Australia applicable to agreements made and to be performed in Australia. You agree that any legal action or proceeding between SureAqua and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Australia.
Any cause of action or claim you may have with respect to the service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SureAqua’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SureAqua may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
1.9 Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Agreement shall not constitute a waiver of such right or provision.
These Terms of Agreement and any policies or operating rules posted by us on this Website or in respect to The service constitutes the entire Agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Agreement).
Any ambiguities in the interpretation of these Terms of Agreement shall not be construed against the drafting party.