Terms of service

Reservation of statutory rights
The rights described in these terms and conditions (the Terms) are in addition to the statutory rights to which you may be entitled under the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations.

Agreement to Terms of Use
These Terms apply to Crystal Hot Water’s website located at www.crystalhotwater.com.au (the Site) and govern the contractual relationship between Crystal Hot Water and you. The Site is the property of Crystal Hot Water and by using the Site you agree to these Terms. If you do not agree, do not use the Site. 

These Terms are subject to change from time to time and Crystal Hot Water reserves the right to alter, remove or add new Terms at any time. It is the responsibility of the user to check for changes to these Terms. Where you continue to use the Site once changes are made to the Terms, you accept and agree those changes.

Accounts, passwords and security
You will be required to create a password protected account when accessing certain parts of the Site. The confidentiality of any information related to your account is your own responsibility. You agree to notify Crystal Hot Water immediately upon becoming aware of any unauthorised use of your account or password or breach of security. You accept that you may be liable for any loss incurred by Crystal Hot Water or any other user or visitor to the Site which results from a failure to keep account information secure and confidential.

Disclaimer
We do not promise that access to the Site will be uninterrupted and error-free or that any errors will be subsequently corrected. You accept you engage with the Site on an “as-is” and “as-available” basis and you assume responsibility for your use of the Site. You acknowledge and agree that the sole remedy against Crystal Hot Water for dissatisfaction with the Site or its contents is to stop using the Site.

Intellectual property
The content of the Site, including all text, graphics, photographs, trademarks, descriptions, logos and artwork (Content) is owned, controlled or licensed by Crystal Hot Water. The Content is protected intellectual property rights, including those at any time protected by statute or common law, including copyright, trademarks, patents and registered designs. No part of the Site or the Content may be copied, republished, reposted or distributed in any way without Crystal Hot Water’s express prior written permission.

Products and pricing
Crystal Hot Water reserves the right to change the prices of products and services displayed on the Site at any time including to correct inadvertent pricing errors. 

Crystal Hot Water is not responsible for and does not verify or warrant product descriptions, information or images on the Site and you agree to hold Crystal Hot Water harmless from any liability resulting from any mistakes or omissions in such product descriptions.

All prices on the Site are in Australian Dollars and delivery charges will be calculated and added at completion of the ordering process.

Installations and pricing
Listed hot water installation service and price is subject to your current hot water systems meeting plumbing standard requirements with ease of access to existing valves in good working order. 

The price for provision of hot water installation services is subject to assessment by Crystal Hot Water of the basic state of existing plumbing and the works necessary to ensure compliance with Australian plumbing standards. 

Crystal Hot Water will not be responsible for any service where you insist on having the service carried out in a particular way, but do not like the result nor where you do not make it clear what you wanted done, unless it was clear from the circumstances.

Crystal Hot Water install hot water systems within 50 kilometres of the Sydney NSW metropolitan area and will quote for installation in areas outside our regular service area.

Availability
If following the placement of an order, a product becomes temporarily unavailable, Crystal Hot Water will dispatch available products first and will deliver outstanding items (at no further shipping cost to you) once they become available. In the event products are unavailable for 30 days following the date of order, Crystal Hot Water will offer you a replacement product of equal price and quality. 

Should you not wish to accept the replacement, the product can be returned to us with return postage covered by Crystal Hot Water. Where a product is permanently unavailable, you will be entitled to reimbursement via the same payment method as originally used.

Delivery
Shipping fees are payable on deliveries. Deliveries are via vehicle road access only to street level or driveways. Any other form of delivery or delivery to somewhere else on your property can be arranged at extra cost to you. 

Although delivery times may be specified on the Site, actual delivery of products can be impacted by events beyond Crystal Hot Water’s control once the product leaves Crystal Hot Water’s facilities. Risk of loss and damage passes to you when you or a person designated by you acquires physical possession of the product. Title in the product will pass when a product is picked up by a carrier from Crystal Hot Water’s facilities.

Feedback & Comments
Any opinions left on the Site by you are screened and moderated by us. If the comments infringe on the law or are inappropriate, Crystal Hot Water reserves the right (in its sole discretion) to refuse or modify them without notice to you.

Indemnity
You agree to at all times indemnify and keep indemnified us and our respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of them arising from any claim or proceeding by any person against any of them where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you.

Waiver
Any waiver or amendment of a right, power, remedy, authority or discretion under this agreement or at law is not effective unless it is in writing and duly signed by Crystal Hot Water. 

Severability / Entire Agreement / Relevant Law / Jurisdiction
The Terms together with any order made by you supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter (including any previous versions of the Terms) and embodies the entire agreement between the parties about its subject matter.

If anything in the Terms is unenforceable, illegal or void then it is severed and the rest of the Terms remain in force. 

Governing Law
These Terms are governed by and will be interpreted in accordance with the law of New South Wales of Australia, without giving effect to any principles of conflicts of laws. 

You and Crystal Hot Water irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any court competent to hear appeals from those courts to determine any dispute arising out of these Terms.