Terms & Conditions

Terms of Use

  1. Your use of the Hot Water Market website (‘our website‘), is subject to these terms of use and our privacy policy.
  2. By using our website, you agree to be bound by these terms of use and our privacy policy. If you do not agree to be bound by these terms of use and our privacy policy you must refrain from using our website.
  3. We may, from time to time, amend these terms of use or our privacy policy at our sole discretion by posting an updated version of the terms of use or our privacy policy on our website. By continuing to use our website, you agree to be bound by the terms of use and our privacy policy as amended. If you do not agree to be bound by the terms of use and our privacy policy as amended, you must refrain from further using our website.

Restrictions on Use

  1. You may submit our ‘Get a Quote’ form only for the purpose of obtaining quotes from one or more of the suppliers in our system.
  2. You may not use this website or submit our ‘Get a Quote’ form in connection with a business or enterprise that is competitive with us.
  3. You may not use this website or submit our ‘Get a Quote’ form for an improper purpose. Without limiting the generality of this clause, you may not use our website to
    1. compile a list of one or more of the suppliers in our system (whether by submitting our ‘Get a Quote’ form or otherwise) except in connection with obtaining a quote as permitted by clause 4; or
    2. send automated requests for quotes to one or more of the suppliers in our system; or
    3. send spam to one or more of the suppliers in our system; or
    4. copy, adapt, or make use of the information on our website in a business or enterprise.
  4. You may not sell or republish any of the information on our website.
  5. You may not use our website in any way that causes us any loss or damage.

General Disclaimer

  1. Use of this website.We will render this website with due care and skill but we do not guarantee that the website will be rendered without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
    1. errors, mistakes or inaccuracies on the website;
    2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
    3. personal injury or property damage of any nature resulting from your access to, and use of, the website;
    4. any unauthorised access to or use of our servers and/or personal information stored on those servers;
    5. any interruption or cessation of transmission to or from our website;
    6. any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
    7. any product or service from any linked sites not being of acceptable quality, fit for any disclosed purpose or failing to match any description, sample or demonstration model shown; or being unfit for any disclosed purpose. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
  2. Use of our services. The Australian Consumer Law implies into all consumer contracts certain statutory guarantees that cannot be excluded, restricted or modified. To the maximum extent permitted by law, any guarantee, condition or warranty that would otherwise be implied into these terms of use is hereby excluded. Where a law prohibits us from excluding any guarantee, condition or warranty, our liability in relation to a breach of that guarantee, condition or warranty is limited to one or more of the following-
    1. If there is a major problem with goods or services, you may elect to:
      1. reject the goods and receive a refund;
      2. reject the goods and receive an identical replacement, or a replacement of similar value, if reasonably available;
      3. keep the goods and claim money for the decrease in value of the goods because of the problem;
      4. cancel the service contract and receive a refund; or
      5. continue with the service contract and claim money for the difference in the service provided and what was paid for.
    2. If the problem is minor, we may at our discretion:
      1. offer a refund;
      2. replace the goods;
      3. fix the title to the goods, if required;
      4. repair the goods; or
      5. fix the service free of charge within a reasonable time.
    3. A major problem is when:
      1. a reasonable consumer would not have bought the goods, or acquired the services, if they had known about the problem;
      2. the goods differ from the description, sample or demonstration mode;
      3. the goods or services are substantially unfit for their normal purpose and cannot easily be made fit, or the goods are unfit for the purpose required;
      4. the goods are unfit for the purpose the consumer told the supplier about, and cannot easily be made fit;
      5. the services do not achieve the specific result or purpose requested; or
      6. the goods are unsafe or the services have created an unsafe situation.
    4. A minor problem with goods or services is a problem that is not a major problem

Suppliers

  1. You acknowledge that the inclusion of a supplier in our system is not an endorsement, approval, or recommendation of the goods, services, or information provided by any such supplier. It is your sole responsibility to ensure that the goods, services, or information provided by any such supplier is suitable for your particular needs.
  2. Without limiting the generality of clauses 9 and 10, we take no responsibility for, and make no representations about, the quality of the goods, services, or information provided to you by any of the suppliers that we refer to you after you submit your details by our ‘Get a Quote’ form. To the maximum extent permitted by law, we do not accept any responsibility whatsoever for any injury, loss, or damage that you may suffer, directly or indirectly, as a result of using the goods, services, or information provided by such suppliers irrespective of how that injury, loss, or damage is caused (including where it is caused by negligence).

Linked Websites

  1. Our website may contain links to other websites. Such links are provided for convenience only. A link from our website to another website is not an endorsement, approval, or recommendation of the goods, services, or information provided by any such website.
  2. Without limiting the generality of clauses 9 and 10, we take no responsibility for, and make no representations about, the quality of the goods, services, or information provided to you by any website that we link to. To the maximum extent permitted by law, we do not accept any responsibility whatsoever for any injury, loss, or damage that you may suffer, directly or indirectly, as a result of using the goods, services, or information provided by such websites irrespective of how that injury, loss, or damage is caused (including where it is caused by negligence).

Security of Information

  1. We take all steps reasonably practicable to secure the information that you provide to us using our website. However, we take no responsibility whatsoever for the security of your information as it is passing over the Internet.
  2. Termination of Access
  3. We may, at any time and at our sole discretion, terminate your access to our website without any notice to you.

Privacy Policy

  1. We undertake to comply with the terms of Our Privacy Policy, which is available at www.hotwatermarket.com.au/privacy

Governing Law

  1. These terms and conditions are governed by the law of Western Australia.

Indemnity

  1. You will at all times indemnify, and keep indemnified, Hot Water Market (including our directors, officers, employees and agents) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred arising from any claim, demand or legal action by any person against us where such loss or liability arose out of, in connection with or in respect of any breach of these terms and conditions by you; and/or publication of content supplied by you.

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