TERMS & CONDITIONS

 

Updated: November 5, 2017

Transparency is important to us at Fair Water Meters (FWM) and we would like you to be aware of the terms and conditions you are agreeing to, by accessing www.fairwatermeters.com.au

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.fairwatermeters.com.au website (“Site”) operated by Ozmeters Pty Ltd t/a Fair Water Meters (‘FWM’, ‘us”, “we”, or “our’).

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.

Purchases

The website www.fairwatermeters.com.au (the “Site”) is a one-stop website where you can browse, select and order your fair water meter/s.

You can also sign up for our optional monthly remote meter reading and billing services.

Changes

As we always seek to provide our customers the most competitive products and prices, we reserve the right to change prices and products on the Site at any time.

Product Prices

Prices displayed on the Site represent the full price in Australian dollars (AUD) for the product including GST (Goods and Services Tax). Prices do not include postage/delivery. Charges will depend on the destination.

Online Purchasing Account

You agree to provide a true, complete and accurate email address, delivery address(s), billing address(s) and telephone number and to keep these details up to date. Incorrect information provided could lead to a delay in delivering your product(s) or non-delivery of your products.

If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

The Site is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Site.

Delivery Instructions / Timeframes

Individual orders will be Express Mailed (with insurance and signature on delivery) to the address you provide.

Bulk orders for whole buildings / complexes may be delivered by the installation team on the day of installation.

On-Going Costs (Verification)

Every 8 years, you will be reminded to replace your meter capsule and ideally, your radio module. This is to assist you in complying with new Australian legislation mandating regular verification of water meters.

Replacing your capsule is quick and convenient and costs less than having your meter verified. Current replacement cost of measurement capsule is $90. When replacing in a whole building, fitting is only $30 per meter. (Additional call-out costs may apply for single replacements.)

Cooling Off Period

Should you change your mind within 7 days and prior to installation, simply return the goods in their original state and packaging and a full refund will be processed to your nominated account.

Cancelling Your Meter Reading / Billing Subscription

Should you need to cancel your meter reading / billing service e.g. when you sell your property, you will be refunded the pro-rata balance of your yearly subscription that has not been used.

Simply email us at info@fairwatermeters.com.au

Limitation Of Liability

FWM shall not be liable for any lost profits, lost savings, loss of reputation, loss of goodwill, any kind of commercial or economic loss, indirect, incidental, punitive, special or consequential damages arising out of or in connection with the agreement or the sale of any products or services by FWM or the use thereof whether or not such damages are based on tort, warranty, contract or any other legal theory – even if FWM has been advised, or is aware, of the possibility of such damages.

FWM’s aggregate and cumulative liability towards Buyer under any agreement shall not exceed an amount of ten percent (10%) of the related agreement.

Any Buyer’s claim for damages must be brought by Buyer within ninety (90) days of the date of the event giving rise to any such claim and any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim. Any claims that have been brought or filed not in accordance with the preceding sentence are null and void.

The parties do not rely on each other’s prior conduct or statements when entering into this agreement.

The limitations and exclusions set forth above in this Limitation and Liability Section shall apply only to the extent permitted by applicable mandatory law.

Limitation Of Liability For Third Party Providers

For customer convenience FWM may offer a package deal that includes a service by a third party. We accept no liability whatsoever for services by third parties.

A third party is contracted by FWM to produce and send the bills. FWM accepts no liability other than providing the meter readings to those third parties. We accept no liability whatsoever for billing services by third parties.

You agree to receive communications from us and from our third party service providers and you agree to accept “cookies” and other similar devices used by this Website to perform our services. You also agree that we may call or email you about any incomplete or unconfirmed enquiry you make through our Website. Further information on use of data can be found in our Privacy Policy

Availability, Errors and Inaccuracies

We may update our offerings of products and services from time to time on the Site. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

Subscriptions

Meter reading / billing are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or FWM cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Fair Water Meters’ customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide FWM with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize FWM to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, FWM will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

FWM, may from time to time modify the Subscription fees for meter reading / billing services. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

FWM will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

When you create an account with us, you must provide us information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of info@fairwatermeters.com.au and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

Copyright Infringement Notice

In order to lodge a complaint with us, please contact us using the details above with the following information:

Your name and address;
Details of the alleged breach of copyright; and
URL link to the alleged breach of copyright (if applicable).

Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

Intellectual Property

The Site and its original content, features and functionality are and will remain the exclusive property of FWM and its licensors. The Service is protected by copyright, trademark, and other laws of Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FWM. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by FWM.

FWM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that FWM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination For Convenience

We may terminate or suspend your account for convenience, with notice of two weeks, without providing any reason whatsoever

If you breach any term of this agreement, we may also suspend or terminate this agreement.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All terms which by their nature at law, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

 

Please seek legal advice if you do not understand anything in these terms and conditions.
Or if you have any questions, please contact us.

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