Terms and Conditions

This website is operated by PROH2O Australia Pty Ltd (ABN 688019172), trading under the name proh2o.co. In the following terms and conditions, "we," "us," and "our" refer to PROH2O Australia Pty Ltd. Your use of this website, including all information, tools, and services, is subject to your agreement to comply with these terms and conditions.

By visiting our site or making a purchase, you are engaging in our "Service" and agreeing to abide by these "Terms of Service," which include any additional terms, conditions, policies, or notices referenced herein or accessible through hyperlinks. These terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please carefully review these Terms of Service before using or accessing our website. If you do not agree with any part of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, your acceptance is expressly limited to these terms.

Any new features or tools added to our store will also be subject to these Terms of Service. You can review the most current version of these terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to periodically check this page for updates. Your continued use of the website following any changes constitutes your acceptance of those changes.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform enabling us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence or have given us consent for any minor dependents to use this site.

You may not use our products for illegal or unauthorized purposes, nor violate any laws in your jurisdiction, including copyright laws. You must not transmit any worms, viruses, or any code with destructive intent. Violation of any of these terms may result in the immediate termination of your services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason and at any time. You understand that your content, excluding credit card information, may be transmitted unencrypted and across various networks, subject to changes to meet technical requirements. 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, access to the service, or contact on the website, without express written permission from us.

Headings used in this agreement are for convenience and do not limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible for the accuracy, completeness, or timeliness of information available on this site. The material on this site is provided for general information only and should not be relied upon as the sole basis for decision-making. You should consult more reliable and up-to-date sources for critical decisions. Historical information on the site may not be current, and we are not obligated to update the information. You are responsible for monitoring changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Product prices are subject to change without notice. We reserve the right to modify or discontinue the Service or any part of its content without notice. We are not liable for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS

Some products or services may be exclusively available online through our website. These items may have limited quantities and may be returnable or exchangeable only as per our Refund Policy.

We make every effort to display product colors and images accurately, but we cannot guarantee that your computer monitor will accurately represent colors.

We reserve the right, but are not obligated, to limit product sales to specific individuals, regions, or jurisdictions on a case-by-case basis. We may limit product quantities, change descriptions, or discontinue products at any time. Any product offers on this site are void where prohibited. We do not guarantee the quality of products, information, or materials obtained through our Service, nor do we guarantee the correction of errors in the Service.

SECTION 6 – PAYMENT, BILLING, AND ACCOUNT INFORMATION ACCURACY

We reserve the right to refuse any order placed with us. We may, at our discretion, limit or cancel quantities purchased per person, household, or order. This includes orders from the same customer account, credit card, or billing and shipping address. If we change or cancel an order, we will attempt to notify you using the provided email address or billing information.

You are responsible for providing current, accurate purchase and account information for all transactions. You agree to promptly update your account, including email address and credit card details, to facilitate transactions and communication.

Prices shown include applicable taxes and are correct at the time of entering information. However, we reserve the right to change prices without notice. Payment can be made using major credit or debit cards, and payment will be processed before product dispatch or service provision. You confirm that you are the authorized user of the credit or debit card being used.

You may use only one discount code per order, and we reserve the right to reject or cancel orders with multiple discount codes. Discount codes are subject to their original terms and conditions, including eligibility and maximum order value. For more details, please refer to our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools, but we do not monitor or control them, nor do we endorse them. Your use of these tools is at your own risk, and you should familiarize yourself with their terms and conditions.

We may offer new services and features through our website, and they will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Service may include content, products, and services from third parties. Links to third-party websites on this site are not affiliated with us, and we are not responsible for their content, accuracy, or any harm or damages resulting from your interactions with third-party materials. Please review the policies and practices of third parties before engaging in any transactions, and direct any concerns to them.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you provide specific submissions at our request or voluntarily send creative ideas, suggestions, proposals, or materials, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display such content worldwide in any media.

You agree to waive any claim to authorship, compensation, or confidentiality for such content. We have the right, but not the obligation, to monitor, edit, or remove content that we consider unlawful, offensive, threatening, defamatory, or in violation of intellectual property rights or these Terms of Service.

You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, or personal rights. Comments will not contain unlawful, abusive, obscene, or harmful material or any viruses or malware. You may not use a false email address or impersonate someone else when submitting comments. You are solely responsible for your comments, and we assume no liability for them.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy, available [here](Privacy Policy Link).

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be errors or inaccuracies in the information, including product descriptions, pricing, promotions, shipping charges, transit times, and availability on our site or in the Service. We reserve the right to correct errors, inaccuracies, or omissions and to change or cancel orders if information is inaccurate. We are not obligated to update information except as required by law. Any update date does not imply that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions outlined in these Terms of Service, you may not use the site or its content for unlawful purposes, solicit others for unlawful activities, violate regulations, infringe upon our or others' intellectual property rights, harass, abuse, harm, defame, slander, discriminate, submit false information, transmit malware, collect personal information, or interfere with security features of the Service. Violation of these prohibitions may result in termination of your use of the Service.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We do not warrant the accuracy or reliability of results obtained from the Service. We may remove the Service temporarily or indefinitely without notice. Your use of the Service is at your own risk, and the Service is provided "as is" and "as available" without warranties or conditions, whether express or implied. To the maximum extent permitted by law, we are not liable for any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, revenue, savings, data, replacement costs, or similar damages, arising from your use of the Service or any products purchased through the Service. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold PROH2O Australia Pty Ltd, our affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees harmless from any third-party claims or demands, including reasonable attorney's fees, resulting from your breach of these Terms of Service or violation of any law or third-party rights.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms, and it shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of these Terms. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.

We may terminate this agreement at our discretion if you fail to comply with any term or provision of these Terms. Upon termination, you are still responsible for any amounts due up to the termination date.

SECTION 17 - ENTIRE AGREEMENT

The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or related to the Service, constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any agreements for our Services are governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check for updates periodically. Your continued use of the website or Service following any changes to these Terms constitutes acceptance of those changes.

SECTION 20 – DELIVERY

All orders of $100.00 and above qualify for free shipping. Orders under $100.00 are subject to a flat fee of $14.95. The delivery fee will be clearly displayed during checkout and may change at any time.

Delivery is performed exclusively by standard post across Australia. Products are delivered to the address provided during the ordering process. All timeframes are calculated in working days. We aim to ship orders within 48 hours of successful payment. Standard Australia Postage procedures apply to missed deliveries, such as when you are not available to receive the delivery or the product does not fit in your letterbox. We are not responsible for shipping delays that are beyond our control.

SECTION 21 - ORDERS

All orders are subject to acceptance and availability. If ordered goods are not available, we will notify you by email or other available means, and you will have the option to wait for the item to become available or cancel your order.

Any orders placed constitute an offer to purchase goods or services from us, and we reserve the right to reject such offers at any time. The contract between you and us is considered complete when we debit your credit or debit card or when we dispatch the goods to you or commence the services, whichever occurs later. We take reasonable care to secure your order and payment details but cannot be liable for losses resulting from unauthorized access to your data by a third party. You assume the risk for the products once they have been delivered to the specified delivery address. We accept no liability for incorrect delivery addresses or if you fail to collect the products from the specified delivery address.

SECTION 22 – REVIEWS

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media. You also grant us the right to use the name associated with the review. You agree to waive your right to be identified as the author of such content and to object to any derogatory treatment of the content. You represent and warrant that the content:

  1. Is owned or controlled by you.
  2. Is accurate at the time of submission.
  3. Does not breach any applicable guidelines.
  4. Does not cause harm to any person or entity.

You agree to indemnify us for any claims brought by a third party due to a breach of these warranties.

SECTION 23 - INTELLECTUAL PROPERTY

The content on this website is protected by copyright, trademarks, and other intellectual property rights. You acknowledge that the material and content provided as part of the website remains the property of PROH2O Australia Pty Ltd or our licensors.

You may retrieve and display website content on a computer screen for personal, non-commercial use, provided you maintain all copyright and proprietary notices. You may not reproduce, modify, copy, distribute, or use website materials for commercial purposes without written permission from us.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at Hello@proh2o.co

Our contact information is posted below:

PROH2O Australia Pty Ltd
49B/2 Slough Ave, Silverwater NSW 2128
ABN: 688019172