Agreement” means the Agreement, incorporating these Terms and Conditions. “Hi Vibe Water” means Pure Water Burleigh Pty Ltd trading as Hi Vibe Water ABN 20 611 655 102, located at 21 Ikkina Road, Burleigh Heads, QLD 4221. “Products” means alkaline and pure water, ceramic dispensers, glass bottles, and other consumable products sold to the Customer by Hi Vibe Water. “Bottles” means 15L water bottles rented by the Customer from Hi Vibe Water. “Cooler units” means Hot/Cold or Ambient/Cold water systems “Bottle Deposit” $10 per bottle refundable deposit charged at time of first purchase. “Customer” means commercial or residential customer/client. “Replacement fee” means any bottles lost, damaged or unreturned will incur a $10 replacement fee per bottle. “Other Agreements” means agreements to which one of the following Acts (or parts of Acts as specified) applies: Division 4 of the Queensland Fair Trading Act 1989.

2) AGREEMENT:
This document sets out the Terms and Conditions applicable to the Agreement between the customer (“Customer”) and Pure Water Burleigh Pty Ltd (“Hi Vibe Water”) under which Products may be purchased by the Customer from time to time. 

3) COMMENCEMENT DATE:
The commencement date of the Agreement is the date the Agreement is approved by the Customer online. 

4) TERMS:
a) If the Customer elects to return products or equipment prior to the end of the Term, the Customer is still liable to pay for all outstanding rentals, invoices, reasonable debt collection fees, reasonable dishonour fees and any other reasonable charges which may apply on demand as a debt due from the Customer to Hi Vibe Water.

b) Upon termination of the Agreement, refunds will not be provided for any unused products.

c) All payments must be processed prior to the delivery of product.

d) There is no minimum Agreement term. 

5) BOTTLE DEPOSIT:
At the time of Agreement, the customer is required to pay a refundable bottle deposit of $10 (per bottle). This is reimbursed, upon request by the customer on return of the bottles after advising our service is no longer required. You agree for us to debit $10 per bottle for any not acknowledged or returned bottles after 3 months from your last transaction with us. 

6) OWNERSHIP:
a) Bottles: Bottles are the property of Hi Vibe Water. The ownership of Products does not pass until payment has been made in full. The Customer acknowledges that the ownership of Bottles is retained by Hi Vibe Water at all times. Hi Vibe Water shall have the right to remove the Bottles in the event that the Customer fails to abide by the terms and conditions of the Agreement, or becomes bankrupt, insolvent, is wound-up or discontinues operation. The above shall be in addition to the right of Hi Vibe Water to demand the immediate payment of the balance of the consideration due from the Customer in these circumstances.

b) Cooler Units or Ceramic Dispensers: The customer acknowledges that once they purchase a cooler unit and/or ceramic dispenser from Hi Vibe Water, it becomes complete property of the customer and Hi Vibe Water has no obligation to service or replace these units. The customer acknowledges full responsibility for repair, replacement and availing of any warranty, directly with the manufacturer.

7) EXCLUSIVE USAGE:
The Customer agrees that the Bottles shall be used for the sole purpose of holding Hi Vibe Water. 

8) LIABILITY:
a) To the full extent permitted by law, all conditions and warranties that would be implied (by statute, general law, customs or otherwise) are expressly excluded. 

b) The liability of Hi Vibe Water for breach of the condition or warranty is limited to one of the following, at the option of Hi Vibe Water: i) in the case of goods: (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of the goods; (3) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired; or ii) in the case of services: (1) the supplying of the services again; or (2) the payment of the cost of having the services supplied again. 



c) Under no circumstance is Hi Vibe Water liable to the Customer for any indirect loss or consequential loss, however it arises or for punitive or exemplary damages or for any loss of profit, loss of revenue, or loss of opportunity. 

9) CONTACT INFORMATION:
The Customer agrees to notify Hi Vibe Water of any changes to contact information including address, mobile number. 

10) PAYMENT TERMS:
The Customer must make payment by credit card online, EFTPOS or cash before products are delivered. 

11) OVERDUE PAYMENTS:
a) The Customer agrees that any payments dishonoured or reversed by the Customer’s bank (made by cheque, direct debit or credit card) will be reimbursed by the Customer to Hi Vibe Water including all fees charged by the Customer’s bank to Hi Vibe Water plus reasonable administration charges.

b) The Customer agrees that any reasonable costs or disbursements incurred by Hi Vibe Water in recovering any outstanding monies including debt collection agency fees, solicitor’s costs plus overdue interest charges calculated daily from due date and applied at 10% per annum, shall be paid by the Customer. 

12) PRICING:
a) The Customer agrees to pay for the Products and Bottles supplied by Hi Vibe Water, including GST where applicable, at the price specified on the initial delivery Invoice, the Agreement Form or at the revised price specified by Hi Vibe Water according to clause 12(b).

b) Hi Vibe Water reserves the right to adjust the price of Products during the Term, acting reasonably taking into account increases in the costs of Products to Hi Vibe Water and the Consumer Price Index, with notice to be given of the price increase.

13) AGREEMENT TO OBTAIN CERTAIN INFORMATION:
a) The Customer consents to Hi Vibe Water using and disclosing its personal information for the express purposes of accepting, processing and fulfilling the Customer’s order, notifying the Customer of its order status, product research and development, assisting Hi Vibe Water to improve customer services and allowing Hi Vibe Water to market the services of its partners. 

b) The Customer may notify Hi Vibe Water at any time if the Customer does not wish to continue receiving marketing information from Hi Vibe Water. 

c) Hi Vibe Water will not disclose the Customer’s personal information to any person unless it is: required or authorised by law; for the purpose of obtaining a consumer credit report about the Customer; to an entity that acquires the business or assets of Hi Vibe Water.

d) The Customer agrees that Hi Vibe Water may exchange personal information about the Customer with those credit providers named in a consumer credit report issued by a credit reporting agency for the purpose of exchanging references about the Customer’s credit worthiness. The Customer is able to access personal information maintained by Hi Vibe Water. There shall be no fee to apply for access. 

14) DELIVERY:
a) After ordering online, the Customer will receive an email confirmation from eWAY containing order details. Hi Vibe Water will normally confirm receipt of your order within a few minutes of ordering.

b) Hi Vibe Water will deliver Products to the Customer’s nominated premises via our in-house delivery service within 8 working days. However, if goods are unable to be delivered at the premises, Hi Vibe Water will contact the customer to reorganise delivery at a later date.

c) The Customer acknowledges and agrees that Hi Vibe Water will impose minimum delivery quantities for Products.

d) The Customer agrees to provide Hi Vibe Water’s representative reasonable and safe access to its premises to allow the efficient delivery of Products, and to use its best endeavours to have its empty Bottles available for collection on its scheduled delivery day.

e) Delivery queries can be emailed to info@hivibewater.com / Hi Vibe Water will deliver Products on a regular scheduled delivery cycle based on the Customer’s needs. 

15) REFUNDS AND RETURNS POLICY:
a) If for any reason the Customer is not completely satisfied with their purchase Hi Vibe Water will give the Customer a 7 day money-back guarantee from the time the Customer receives the goods. 

b) This refund policy does not apply to goods which have been used or damaged after delivery, or if any attempt has been made to alter the product. 

c) All products must be returned in their original condition. A collection fee of $30.00 is to be paid by the Customer. d) Please email Hi Vibe Water at info@HiVibeWater.com for returns. 

16) PAYMENT SECURITY POLICY:
a) Hi Vibe Water uses Shopify for its online credit card transactions. Shopify processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. 

b) All online credit card transactions performed on this site using the eWAY gateway are secured:

i) Payments are fully automated with an immediate response.
ii) The Customer’s complete credit card number cannot be viewed by Hi Vibe Water or any outside party.
iii) All transactions are performed under 128 Bit SSL Certificate.
iv) All transaction data is encrypted for storage within Shopify bank grade data centre, further protecting the Customer’s credit card data. v) Shopify is an authorised third party processor for all the major Australian banks.
vi) Shopify at no time touches the Customer’s funds; all monies are directly transferred from the Customer credit card to the merchant account held by Hi Vibe Water.
vii) For more information about Shopify and online credit card payments, please visit www.shopify.com

17) WARRANTY AND REPAIRS (HI VIBE WATER WILL PROVIDE A WARRANTY FOR THE WATER COOLERS IF PURCHASED):
a) The Customer agrees to exercise due care to protect the Equipment, and acknowledges that the warranty will be null and void and the Customer will be responsible for the reasonable cost of repair or replacement of the Equipment if the failure of the Equipment is a result of extraordinary wear and tear caused by the Customer, alteration or tampering with the merchandise parts, misuse or negligence by the Customer. 

b) The Customer agrees to maintain the Equipment in a clean and hygienic condition and acknowledges that if Hi Vibe Water considers the Equipment to be in a substantially unclean or unhygienic condition, Hi Vibe Water reserves the right to clean and sanitise (or exchange) the Equipment on the Customer’s behalf. Hi Vibe Water agrees to notify the Customer in advance of its intention to clean and sanitise the Customer’s Equipment 

c) The Customer agrees to exercise due care to protect the Equipment, and acknowledges that the express warranty provided by Hi Vibe Water will be null and void and that, subject to the Australian Consumer Law, the Customer may be responsible for the reasonable cost of repair or replacement of the Equipment if the failure of the Equipment is a result of extraordinary wear and tear caused by the Customer, alteration or tampering with the merchandise parts (other than where directed to do so by an employee or representative of Hi Vibe Water and the Customer acts in accordance with those directions), misuse or negligence by the Customer. 

d) The Customer acknowledges that use of the Equipment is at their own risk

e) The Customer acknowledges that once they purchase a cooler unit and/or ceramic dispenser from Hi Vibe Water, it becomes complete property of the customer and Hi Vibe Water has no obligation to service or replace these units. The customer acknowledges full responsibility for repair, replacement and availing of any warranty, directly with the manufacturer. 

18) LOST OR DAMAGED EQUIPMENT:
In the event of the Equipment being lost or damaged while in the care of the Customer, the Customer agrees to be held liable and reimburse Hi Vibe Water in full for the reasonable costs of repair or replacement of the Equipment. This includes Hi Vibe Water’s right to charge for lost bulk 15L water bottles. 

19) HOW THIS AGREEMENT CAN BE TERMINATED:
a) Either party may terminate this Agreement by a notice in writing to the other party if such other party is in breach of a term or condition and does not remedy the breach within 14 days’ notice in writing specifying the breach and requiring its remedy. 

b) Hi Vibe Water may immediately terminate this Agreement by notice to the Customer if:

i) a receiver, receiver and manager, administrator, trustee, mortgagee or similar official is appointed over any of the assets or undertakings of the Customer, an application or order is made for the winding up or dissolution of the Customer or any steps are taken to pass a resolution for the winding up or dissolution of the Customer; or

ii) the Customer enters into, or resolves to enter into, any arrangement, composition or compromise with, or assignment for the benefit of, its creditors or any class of them. 

20) GOVERNING LAW:
a) This document and any dispute arising out of or in connection with this document is governed by the laws of the States of New South Wales and/or Queensland (depending on your location).

b) Each party submits to the non-exclusive jurisdiction of the courts of those States and courts of appeal from them, in respect of any proceedings arising out of this document.