Website Terms
1. These terms
These terms apply when you use earthswater.com.au or earthswater.com, our Refer a Friend program, or our text messages. By using any of them, you accept these terms. If you do not accept them, please do not use the site.
If you buy something, our Terms of Sale also apply and those terms govern your purchase.
2. Who we are
This is our legal notice.
Company
Retail Smart Group Pty Ltd, trading as Earths Water
Legal form
Australian proprietary company limited by shares
Registration
Registered with the Australian Securities and Investments Commission. ACN 658 892 105
Business number
ABN 49 658 892 105
Registered office
Level 4, 80 Market Street, South Melbourne VIC 3205, Australia
Returns not accepted at the address above. Contact us first and we will give you the return address with your return authorisation.
3. Changes
We may update these terms. The current version is always on this page. Changes take effect when published and do not apply retrospectively.
4. Using the site
You may browse, buy, leave reviews, and share our pages.
You must not:
- post anything false, misleading, unlawful, defamatory, abusive, obscene, threatening, or that harasses any person
- post anything that infringes another person's rights, including copyright, trade marks and confidential information
- post another person's personal information without their permission
- impersonate any person or misrepresent your association with any person or organisation
- access, scrape, index, mine or collect data from the site by automated means without our written permission
- use the site or its content to train, fine-tune or evaluate any machine learning or artificial intelligence model without our written permission
- introduce any virus, malicious code or harmful component
- attempt to gain unauthorised access to the site, its servers, or any account
- interfere with the site, overload it, or disrupt anyone else's use of it
- copy, adapt, translate, decompile or reverse engineer any part of the site
- use the site for any unlawful purpose, or in breach of any applicable law
We may investigate suspected breaches, preserve records, and cooperate with law enforcement.
5. Your account
If you create an account, keep your login details secure and do not share them. Tell us immediately if you believe someone else has accessed your account.
You are responsible for activity under your login, except where it results from our failure.
6. Reviews, photos and other content you post
We rely on real customer reviews. Please write only about a product you have actually used, and say what you actually think. We do not edit reviews to change their meaning, and we do not remove a review because it is critical.
We may remove content that breaches section 4, or that is not about the product.
Licence. When you post a review, photograph, video or other content on our site or tag us on social media, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and transferable licence to use, reproduce, modify, adapt, crop, edit, translate, publish, distribute and display that content, in any medium, for any purpose connected with our business, including advertising and promotion. You may ask us to stop using your content by emailing us, and we will stop using it going forward.
Your warranties. You confirm that the content is yours to give, that it does not infringe anyone's rights, that any identifiable person in it has agreed to its use, and that anything you state about a product is accurate and based on your own experience.
Moral rights. To the extent permitted by law, you consent to any act or omission that would otherwise infringe your moral rights in the content, including use without attribution, use under a different name, and material alteration.
Disclosure. Where content has been given in exchange for a product, payment or other benefit, that relationship must be disclosed. We may add a disclosure to any content we publish.
No obligation. We are not required to use, publish or retain any content you post.
How we collect and check reviews. We ask every customer for a review after delivery, whatever they bought and whatever we expect them to say. Reviews are collected and published through our review platform.
- A review marked Verified Customer comes from someone whose review we have matched to an order placed with us.
- A review without that label has not been matched to an order.
- A review from someone who received a product free, or who has a commercial relationship with us, is labelled as such.
- If we ever offer a reward for leaving a review, it is offered whatever rating you give, and the review is labelled.
7. Refer a Friend
Your friend gets
$20 off their first order
You get
A $20 discount code for your next order, once your friend's order is past our 30-day return and taste guarantee window
Currency
20 in the currency of the store you each shop in, for example A$20, NZ$20, US$20, €20 or £20
The rules
- Your friend must be new to Earths Water and place their order through your referral link or code.
- You cannot refer yourself, anyone in your household, or a second account of your own.
- One reward for each friend who orders. There is no limit on how many friends you refer.
- If your friend's order is cancelled, returned or refunded, no reward is issued.
- Rewards have no cash value, cannot be transferred, and cannot be combined with another discount code unless we say otherwise.
- Share your link with people you know. Do not post it on coupon or deal sites, in paid ads, or by unsolicited messages. If you share it publicly, say that you get a reward.
- We may cancel rewards gained by fraud, fake accounts or breach of these rules.
- We may change or end the program. Rewards already earned are not affected.
8. Texts from us
If you sign up to texts, we send you product news and offers, and may also send order and delivery updates.
Consent
Signing up is optional and is never a condition of buying from us
How often
It varies. We keep it to what is useful
Cost
We do not charge for texts. Your carrier's standard message and data rates may apply
To stop
Reply STOP at any time. You will get one message confirming you have unsubscribed
For help
Reply HELP, or email support@earthswater.com
Carriers
Mobile carriers are not responsible for delayed or undelivered messages
We handle your number under our Privacy Policy. We never sell or share it for anyone else's marketing.
9. Our content
Everything on this site, including text, images, video, design, layout, code, product names and logos, is owned by us or our licensors and is protected by copyright and trade mark law.
You may view and print pages for your own personal, non-commercial use. Any other use requires our written permission.
You may link to our home page or an article, provided the link does not suggest any endorsement, sponsorship or association that does not exist.
10. Accuracy of information
We take care that the information on this site is accurate and current, and we stand behind what we say about our products.
Product images are indicative. Natural materials vary in grain and tone between units, and colours vary between screens.
If you believe something on the site is incorrect, please tell us and we will look into it and correct it where needed.
11. Not medical or professional advice
Information on this site is general in nature. It is not medical advice, and our products are not medical devices.
Do not use anything on this site to diagnose, treat, cure or prevent any disease, or as a substitute for advice from a qualified health professional.
12. Product use
Our filters treat water that is already supplied as drinking water. They are not designed to make microbiologically unsafe water safe to drink.
Follow the instructions supplied with your product. Filtration results depend on your source water, the condition of the cartridge and how the product is used.
13. Links and third parties
Where we link to another site, that is for convenience. We do not control those sites, we do not endorse them, and we are not responsible for their content, products or privacy practices.
14. Privacy
What we do with your personal information is set out in our Privacy Policy.
If you provide another person's personal information, such as a gift recipient's address, please make sure they are comfortable with that.
15. Availability
We aim to keep the site running, but we do not promise it will always be available, complete, uninterrupted, secure or error-free. We may suspend, withdraw or restrict all or part of the site for maintenance or business reasons.
We may suspend or close an account, or remove content, where a person has breached these terms or where we are required to do so by law. Unless it is an emergency or we are legally prevented, we will tell the person why.
16. Accessibility
We want everyone to be able to browse and buy from us. We are working to make this site meet the Web Content Accessibility Guidelines (WCAG) 2.1 at level AA, including keyboard navigation, text alternatives for images, readable colour contrast, and pages that work with screen readers and zoom.
Some parts of the site come from third-party tools, such as reviews, payment options and chat, and may not yet fully meet that standard.
If something does not work for you, email support@earthswater.com. We will help you find the information you need or place your order another way, and fix the problem where we can.
17. Our liability
We do not exclude or limit any liability that cannot lawfully be excluded or limited.
Subject to that:
- we are not liable for loss that was not reasonably foreseeable
- we are not liable for loss of profit, revenue, business, goodwill, data or anticipated savings
- we are not liable for loss arising from your use of, or reliance on, the site where you have not followed the product instructions
- we are not liable for the acts or omissions of third parties, including carriers, payment providers and linked sites
- our total liability arising from your use of the site is limited to the amount you paid us in the 12 months before the event giving rise to the claim
18. Indemnity
If you use the site for business purposes, you indemnify us against any loss, damage, cost or expense we suffer arising from your breach of these terms, your content, or your unlawful use of the site.
This section does not apply to consumers.
19. Suspension and termination
These terms apply while you use the site. Sections 4, 6, 9, 17, 18, 20 and 21 survive.
20. Governing law
These terms are governed by the law of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.
If you are a consumer, you may also bring proceedings in the courts of the country where you live, and the mandatory consumer protection law of that country continues to apply to you.
21. General
- If any part of these terms is unenforceable, it is severed and the rest continues to apply.
- A delay in enforcing a right is not a waiver of it.
- We may assign or transfer our rights and obligations under these terms to another business, provided your rights are not reduced. You may not do so without our written agreement.
- These terms and the documents they refer to are the entire agreement between us about the use of this site.
- Neither of us is liable for a failure caused by an event outside our reasonable control.
