Terms and Conditions of Use

This web site is operated by Smorgham Pty Limited ABN 50 614 975 048 trading as Care-Free Conditioners Australia (Care-Free) and its related bodies corporate, as applicable, under the domain name "www.carefree.com.au" (Site). 

Your access to this Site is conditional upon your acceptance of and compliance with all of the terms and conditions set out below and the Care-Free Privacy Policy. Please contact us at waterguys@carefree.com.au if you have any questions about these Terms.

1. Acknowledgment and Acceptance of Terms and Conditions

Care-Free may alter the Terms from time to time without notice and it is your responsibility to monitor amended Terms. All changes are effective from the date of posting the revised Terms on this Site. The updated version of the Terms will supersede any prior version of the Terms. You can review the most current version of the Terms at any time by visiting this page. Your use of the Site constitutes your agreement to the Terms.

2. Disclaimer

Care-Free does not have control over the acts of other parties and cannot be liable for contents of any linked web site or any information provided by, or based on information obtained from, third parties. Where third party information has been used, Care-Free makes no representation as to the accuracy or completeness of that information, including any data, opinion, conclusion, comparison or forecast. Care-Free shall incur no personal liability whatsoever in relation to the information contained on the site or in connection with it. Please contact Care-Free or the relevant third party prior to relying on the accuracy of any information contained on this Site.

3. Use of this Site

When you access the Site, you agree that you do so on the following conditions:

• you must not use the Site or any of the material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right (including copyright) of Care-Free or any third party;
• you must not access or attempt to access any part of the Site which is not designated for access by your password;
• you may save a local copy of or print material posted on the Site for your own information, research or study and to inform others about the Site but you may not reproduce, duplicate, copy, sell, re-sell, adapt, perform in public, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping by a storage and / or information retrieval system) or otherwise exploit any part of this Site for any commercial purpose;
• you must not post or transmit to the Site any illegal, threatening, abusive, defamatory, obscene, pornographic or indecent information or material of any kind, or any material in contempt of any court or parliament, or encourage any other person to do so;
• you must not knowingly post or transmit or permit the posting or transmission of any material to the Site which contains a virus;
• you must not post or transmit any material to the Site which breaches any laws relating to a person's right to privacy or the export of personal data;
• you must not post or transmit any material to the Site which is incorrect or misleading; and
• you must take your own precautions to ensure that whatever you select from the Site is free of viruses or anything else that may interfere with your or any third parties' computer system.

Care-Free may refuse access or edit or delete material posted by you in contravention of these conditions.

4. Links to Other Web Sites

The Site may contain links to web sites operated by third parties. The inclusion of any link does not imply any endorsement of the linked web site by Care-Free. Care-Free is not responsible for the contents of any linked web site or any hyperlink contained in the linked web site.

Care-Free does not warrant the correctness, accuracy, timeliness, legality or reliability of any third party web site, including the contents of any link framed by this Site. Your decision to link to a third party website is entirely at your own risk.

5. Warranties

All information on this Site subject to change without notice and is provided "as is" without express or implied warranty of any kind. Care-Free makes no representations about the content and suitability for any purpose of the information contained in this Site.

To the full extent permissible by law, Care-Free disclaims all warranties with regard to this information or other material on the Site, including all implied warranties as to merchantability or fitness for use. Care-Free is not liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Site or the information contained in it.

Care-Free does not warrant that the Site will be uninterrupted or error-free.

You must seek independent advice before acting on any material or information contained in this Site or any link to a third party web site.

You must not provide any warranties to third parties in relation to the contents or performance of the Site.

6. Security

When using the World Wide Web, the Internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Care-Free. You assume all risk and liability of your use of the World Wide Web, the Internet or any such third party networks, including any access to the Site via such media.

7. Privacy

Care-Free will comply with the terms of the Care-Free Privacy Policy, as amended from time to time.

8. Copyright and other Intellectual Property Rights

All information, material, text, graphics, logos, trade marks and other material (collectively referred to as Contents) on this Site are the property of Care-Free and such Contents are protected under Australian laws and through international treaties.

Use of the Site will not confer any intellectual property rights in the Contents, or any goodwill or reputation associated with the Content. Content must not be used or reproduced without the prior specific and written permission of Care-Free. All rights are reserved.

9. Purchase of Goods or Services from Third Parties

Care-Free is not liable for the statements or offers made by third party advertisers or third party suppliers of goods and services. Unless expressly stated otherwise, the information is not an offer by Care-Free to enter into a separate contact for the purchase of goods or services.

10. Purchasing Online

10.1         Minimum Age And Legal Capacity

Purchasing products or services on this website is restricted to individuals 18 years of age or older. Individuals below the age of 18 may have purchases made on their behalf by a parent or guardian.

Should Care-Free suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

10.2         Accuracy Of Product Description

All products and services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but Care-Free cannot eliminate the possibility of:

• human error in entry of information;
• incorrect information provided to us by suppliers or distributors; or
• failure of suppliers or distributors to supply updated information to us.

Care-Free reserves the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.

10.3 Payment

All orders on this website must be pre-paid before fulfilment. All orders are placed in Australian dollars.

In the case that you pay for an order with your credit card, Care-Free does not store your credit card number on our servers, however, it may be retained by our payment gateway provider in circumstances where this is required.

In the case of offline payment, we will contact you to arrange payment. This process must be completed before your order can ship.

In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, or cheque dishonour, we do not warrant that stock will be held until an alternate payment method is available or the original payment method made to function.

10.4 Prices And Taxes

Prices are displayed to Australian visitors of this website (unless otherwise marked) including GST if applicable to the product, and in Australian Dollars. Prices may change at any time and are not subject to notification.

If we determine that you are in a foreign country, we may display prices to you without GST and/or in alternate currencies.

10.5 Our Guarantee

All Care-Free Conditioner units (excluding power and earth kits) at the time of purchase are provided with:

• a 100% purchase price 12 month satisfaction guarantee (if you are not happy with the Care-Free unit supplied, simply return it to Care-Free within 12 months of its purchase and Care-Free will refund the cost of the Conditioner – power and earth kits and freight or postage excluded); and
• a 10 year free replacement warranty against manufacturing defects on any Care-Free unit (excludes power and earth kits).

Care-Free will also refund the purchase price on return of the product within 14 days where:

• the product does not match its description as provided when sold;
• the product received is not the product ordered; or
• the product has been damaged in transit.

You must contact Care-Free immediately in any instance of the above to arrange the return. Products returned without prior notice may be rejected.

Please ensure that returned products are safely packed in their original packaging. Care-Free will not be held liable for damage to products incurred during return shipping.

10.6 Tax Invoice

Upon completion of your order, we will supply a Tax Invoice to you in the form of an email. Please ensure that the email address you have provided us is correct.

11. Outages

Care-Free reserves the right to cease, interrupt or withdraw your access to the Site for any reason, including without limitation, for upgrades and maintenance of the Site.

12. Termination

Care-Free may terminate this agreement and your access to the Site at any time without reason, with or without notice.

The termination of this agreement or removal of the Site will not affect any provision contained in these Terms which expressly or by implication is to become operative or continues to operate after termination, including those provisions relating to intellectual property, disclaimers and limitations of liability.

13. Limitation of Liability

To the extent permissible by law, Care-Free expressly excludes liability for any direct, indirect, incidental, special, exemplary, consequential or other damages whatsoever, (including but not limited to liability for loss of use, data or profits or interference with or damage to your computer systems), without regard to the form of any action, including but not limited to contract, negligence or other tortious actions, arising out of or in connection with the Site, including any Content on or accessed through the Site.

Liability in relation to breach of the statutory warranties and conditions as defined in the Trade Practices Act 1974 (Cth) is limited, at the option of Care-Free, to the extent possible, to:

• re-supplying the goods; or
• repair of the goods.
  

14. Assignment

Care-Free may assign, transfer, charge or deal in any other way with the benefit of any right conferred by or arising under these Terms at any time without notice to you.

Upon such an assignment, the Terms will inure to the benefit of any of our successors in interest.

15. Entire Agreement

These Terms, including the documentation referred to within it, are the entire agreement between you and Care-Free with respect to your use of the Site.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of the agreement, which will continue in full force and effect and these Terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these Terms will not constitute failure of consideration.

17. Governing Law

These Terms will be governed by the Laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of that jurisdiction and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms or the Site. You are responsible for compliance with all laws and regulations applicable to you in your location.