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General Conditions

This website is owned and operated by an Australian registered company registered by ASIC.    ASCI details can be found at this link https://abr.business.gov.au/ABN/View/64%20129%20004%20244   

The company registered detail are as follows

Sure Aqua Corporation Pty Ltd
ABN 64129004244.
Suite 21, Garden Plaza
3-9 Terminus Road
Castle Hill, NSW 2154
Australia

 As a user of this website you acknowledge that any use of this website’s contents, and any transaction carried out via it, is subject to our terms and conditions:

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.

Definitions

  1. All references to the ‘company,’ ‘us,’ ‘our,’ ‘we,’ or ‘SureAqua’ means SureAqua Corporation Pty Ltd.
  2. 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.
  3. All references to the ‘Website’ shall include a reference to all URL’s owned by Sure Aqua Corporation Pty Ltd
  4. ‘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.
  5. ‘Transaction’ means any donation made by, or contract to purchase goods entered into by, a user of the Website with SureAqua Corporation Pty Ltd.
  6. ‘communications’ includes communication by telephone, fax, email, mobile phone text message, and postal or courier service.
  7. ‘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.
  8. ‘SureAqua Corporation Pty Ltd’ business hours are 9.00 am to 5.30 pm on Australia’s EST time zone on a business day.
  9. ‘Goods’ means goods purchased by you from SureAqua Corporation Ltd.

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.

  1. 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.
  2. 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.

 

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.

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.

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.

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 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).

Miscellaneous.

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.

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.

Website Terms of Use

Overview

This website is operated by SureAqua Corporation Pty Ltd. Terms “SureAqua” “we,” “us,” and “our” refer to SureAqua Corporation Pty Ltd. SureAqua Corporation Pty Ltd offers this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Please read the Terms of Agreement carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not purchase any product or services.

We reserve the right to update, change, or replace any part of these Terms of Agreement 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.

General

You understand that, except for information, products or services clearly identified as being supplied by SureAqua, SureAqua does not operate, control or endorse any information, products or services on the Internet in any way. Except for SureAqua- identified information, products or services, all information, products, and services offered through the website or on the Internet generally are offered by third parties, that are not affiliated with SureAqua

You also understand that SureAqua cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.

You assume total responsibility and risk for your use of the website and the Internet. SureAqua provides the website and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the Internet generally, and SureAqua shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the service or on the Internet generally. SureAqua does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

You understand further that the pure nature of the Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. SureAqua has no control over and accepts no responsibility whatsoever for such materials.

a. You should assume that everything you see or read on our website may not be used except as provided in these Terms of Use or the text on the website, without the written permission of Sure Aqua Corporation or its affiliates (“Sure Aqua Corporation”).

b. Any communication or material you transmit to the website, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary.

c. Images of people or places displayed on the website are either the property of, or used with permission by, SureAqua. The use of these images by you, or anyone else authorised by you, is prohibited unless expressly permitted by these Terms of Use or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws (see “Intellectual Property Information”), the laws of privacy and publicity, and communications regulations and statutes. No use of any of these may be made without the prior, written authorization of the owners of this website, except to identify the products or services of SureAqua.

d. SureAqua has not reviewed any or all of the websites linked to this website and is not responsible for the content or the privacy policies of any off-Website pages or any other Websites linked to the website. Your linking to the website, off-Website pages or other Websites is done so at your own risk and without the permission of SureAqua.

On-line Store Terms

By agreeing to these Terms of Agreement, 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 website.

You may not use our products or service for any illegal or unauthorised 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 Product and or Services.

Accuracy, Completeness, And Timeliness of Information

We are not responsible if information made available on this website is not accurate, complete, or current. The material on this website 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 website is at your own risk.

This website 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 website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

Errors, Inaccuracies, And Omissions

Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related Website, including without limitation, pricing information, except as required by Law. No specified update or refresh date applied in the service or on any related Website should be taken to indicate that all information in the service or on any related Website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in Terms of Agreement, you are prohibited from using the website or its content:

a. for any unlawful purpose;

b. to solicit others to perform or participate in any unlawful acts;

c. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

f. to submit false or misleading information;

g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related Website, other Websites, or the Internet;

h. to collect or track the personal information of others;

i. to spam, phish, pharm, pretext, spider, crawl, or scrape;

j. for any obscene or immoral purpose; or

k. to interfere with or circumvent the security features of the service or any related
Website, other Websites, or the Internet.

We reserve the right to terminate your use of the service or any related Website for violating any of the prohibited uses.

User Comments, Feedback, And Other Submissions

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

a. to maintain any comments in confidence;

b. to pay compensation for any comments; or

c. to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Agreement.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, and or another personal and or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related Website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Limitation Of Liability

In no event will SureAqua be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the product or service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service.

Even if SureAqua or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, SureAqua liability is limited to the greatest extent permitted by Law. SureAqua makes no representations whatsoever about any other Website which you may access through this one or which may link to this website.

When you access a non-SureAqua Website, please understand that it is independent of SureAqua and that SureAqua has no control over the content on that website. In addition, a link to a SureAqua Website does not mean that SureAqua endorses or accepts any responsibility for the content, or the use, of such website.

Indemnification.

You agree to indemnify, defend and hold harmless SureAqua and our, 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 Agreement or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Disclaimers

The information provided by this website is not intended nor is implied to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

Sure Aqua Corporation, the owner of this website, will use reasonable efforts to include up-to-date and accurate information in this website, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. Sure Aqua Corporation shall not be liable for any damages or injury resulting from your access to, or inability to access, this Internet Website, or from your reliance on any information provided at this Internet Website.

This website may provide links or references to other Websites, but the owners of this website have no responsibility for the content of such other Websites and shall not be liable for any damages or injury arising from that content. Any links to other Websites are provided as merely a convenience to the users of this website.

Your use of this website is at your own risk. Neither Sure Aqua Corporation, any of its agencies, nor any other party involved in creating, producing, or delivering the website will be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the website. Without limiting the foregoing, everything on the website is provided to you “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Sure Aqua Corporation also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in the website, or your downloading of any materials, data, text, images, video, or audio from the website.

Although Sure Aqua Corporation may from time to time monitor or review emails, discussions, postings, transmissions, and the like on the Website, Sure Aqua Corporation is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. SureAqua Corporation will fully cooperate with any law enforcement authorities or court order requesting or directing Sure Aqua Corporation to disclose the identity of anyone posting any such information or materials.