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Aqua Gardening has closed permanently as of February 20th, 2024.

All orders that have not yet been dispatched, have been refunded.

We would like to thank everyone for supporting us over the past 29 years! We
will miss every single one of you.

 

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 * 4 Billabong Street, Stafford, QLD, 4053, AU
 * ABN: 69167108367
 * Phone: 07 3354 1588

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Copyright © 2024 Aqua Gardening
×
Terms & Conditions

1. About the Website

 * 1.1. Welcome to www.aquagardening.com.au (the 'Website'). The Website
   provides you with an opportunity to browse and purchase various products that
   have been listed for sale through the Website (the 'Products'). The Website
   provides this service by way of granting you access to the content on the
   Website (the 'Purchase Services').

 * 1.2. The Website is operated by Aqua Evolutions Pty Ltd (ABN 69 167 108 367)
   trading as Aqua Gardening. Access to and use of the Website, or any of its
   associated Products or Services, is provided by Aqua Gardening . Please read
   these terms and conditions (the 'Terms') carefully. By using, browsing and/or
   reading the Website, this signifies that you have read, understood and agree
   to be bound by the Terms. If you do not agree with the Terms, you must cease
   usage of the Website, or any of Services, immediately.

 * 1.3. Aqua Gardening reserves the right to review and change any of the Terms
   by updating this page at its sole discretion. When Aqua Gardening  updates
   the Terms, it will use reasonable endeavours to provide you with notice of
   updates to the Terms. Any changes to the Terms take immediate effect from the
   date of their publication. Before you continue, we recommend you keep a copy
   of the Terms for your records.

2. Acceptance of the Terms

 * 2.1. You accept the Terms by remaining on the Website. You may also accept
   the Terms by clicking to accept or agree to the Terms where this option is
   made available to you by Aqua Gardening  in the user interface.

3. Registration to use the Purchase Services

 * 3.1. To access the Purchase Services, you must first register as a user of
   the Website. As part of the registration process, or as part of your
   continued use of the Purchase Services, you may be required to provide
   personal information about yourself (such as identification or contact
   details), including:

 * (a) email address;

 * (b) mailing address; and

 * (c) telephone number. 

 * 3.2. You warrant that any information you give to Aqua Gardening in the
   course of completing the registration process will always be accurate,
   correct and up to date.

 * 3.3. Once you have completed the registration process, you will be a
   registered member of the Website ('Member') and agree to be bound by the
   Terms. As a Member, you will be granted immediate access to the Purchase
   Services and be automatically added to Growing with Benefits (‘Reward
   Program’).

 * 3.4. You may check out as a guest and will only receive transactional emails.
   We will maintain your details for the purposes of purchase history and
   warranty claims

 * 3.5. You may not use the Purchase Services and may not accept the Terms if:

 * (a) you are not of legal age to form a binding contract with Aqua Gardening;
   or

 * (b) you are a person barred from receiving the Purchase Services under the
   laws of Australia or other countries including the country in which you are
   resident or from which you use the Purchase Services.

4. Your obligations as a Member

 * 4.1. As a Member, you agree to comply with the following:
   
   You will use the Purchase Services only for purposes that are permitted by:
    
 * (a) the Terms;
    
 * (b) any applicable law, regulation or generally accepted practices or
   guidelines in the relevant jurisdictions;
    
 * (c) you have the sole responsibility for protecting the confidentiality of
   your password and/or email address. Use of your password by any other person
   may result in the immediate cancellation of the Purchase Services;
    
 * (d) any use of your registration information by any other person, or third
   parties, is strictly prohibited. You agree to immediately notify Aqua
   Gardening  of any unauthorised use of your password or email address or any
   breach of security of which you have become aware;
    
 * (e) access and use of the Website is limited, non-transferable and allows for
   the sole use of the Website by you for the purposes of Aqua Gardening 
   providing the Purchase Services;
    
 * (f) you will not use the Purchase Services or Website for any illegal and/or
   unauthorised use which includes collecting email addresses of Members by
   electronic or other means to send unsolicited email or unauthorised framing
   of or link to the Website;
    
 * (g) you agree that commercial advertisements, affiliate links, and other
   forms of solicitation may be removed from the Website without notice and may
   result in termination of the Purchase Services. Appropriate legal action will
   be taken by Aqua Gardening  for any illegal or unauthorised use of the
   Website, and
    
 * (h) you acknowledge and agree that any automated use of the Website or its
   Purchase Services is prohibited.
    
 * (i) you will abide by the terms and conditions for the Reward Program found
   at https://www.aquagardening.com.au/how-to-redeem-my-drops/

5. Purchase of Products and Returns Policy

 * 5.1. In using the Purchase Services to purchase the Product through the
   Website, you will agree to the payment of the purchase price listed on the
   Website for the Product (the 'Purchase Price').
    
 * 5.2. Payment of the Purchase Price may be made through Visa, MasterCard,
   American Express, zipPay, Afterpay, PayPal (the 'Payment Gateway Provider')
   or Bank Deposit. In using the Purchase Services, you warrant that you have
   familiarised yourself with, and agree to be bound by, the applicable Terms
   and Conditions of Use, Privacy Policy and other relevant legal documentation
   provided by the applicable Payment Gateway Provider.
    
 * 5.3. Following payment of the Purchase Price being confirmed by Aqua
   Gardening, you will be issued with a receipt to confirm that the payment has
   been received and Aqua Gardening may record your purchase details for future
   use. Aqua Gardening will not amend or modify an order following payment.
    
 * 5.4. Aqua Gardening will promise to match a competitors advertised price if
   the following requirements are met:
    
 * (a) sold by an Australian retailer;
    
 * (b) brand new and identical product;
    
 * (c) in stock and available to purchase;
    
 * (d) include the shipping cost to the address of the customer;
    
 * (e) does not include an item from bundled packages; and
    
 * (f) be above our cost price.
    
 * 5.5. Aqua Gardening may, at their sole discretion, provide a refund on the
   return of the Products within 60 days where the Product packaging is unopened
   and remains in a saleable condition. A restocking fee of 20% will be applied
   to any returns that are not in a brand new condition. You acknowledge and
   agree that you are liable for any postage and shipping costs associated with
   any refund under this clause.
    
 * 5.6. Selected lines are excluded from our 60-day change of mind return
   policy. The following are sold on a strict no refund or return policy unless
   they fall under a warranty claim:
    
 * (a) nutrients, additives, lamps/lights/CFLs, growing media, fish food and
   liquid pond treatments; 

 * (b) custom made items, for example, NFT channels and aluminium frames cut to
   specification;

 * (c) Special orders, for products not regularly stocked this item, are marked
   as ‘Special Order’ in the availability description;

 * (d) Any items specifically cut to size at your request, for example, items we
   cut per liner meter as pond liners, fabrics, flower support mesh and more;

 * (e) Commercial quantities are non-refundable; and 

 * (f) Clearance items are non-refundable. 

6. Warranty

 * 6.1. Aqua Gardening's Products come with guarantees that cannot be excluded
   under the Australian Consumer Law. You are also entitled to have the Products
   repaired or replaced if the Products fail to be of acceptable quality and the
   failure does not amount to a major failure (the 'Warranty').

 * 6.2. You may make a claim under this clause (the 'Warranty Claim') for
   material defects and workmanship in the Products within the manufacturer's
   warranty. Please refer to the Information tab on each product for the
   warranty details. In addition, our products come with guarantees per
   Australian Consumer Law from the date of purchase (the 'Warranty Period').

 * 6.3. To make a Warranty Claim during the Warranty Period, you must provide
   proof of purchase to Aqua Gardening  showing the date of purchase of the
   Products, provide a description of the Products and the price paid for the
   Products by contacting us at
   https://www.aquagardening.com.au/form/contact-support/

 * 6.4. Where the Warranty Claim is accepted then Aqua Gardening  will, at its
   sole discretion, either repair or replace any defective Products or part
   thereof with a new or remanufactured equivalent during the Warranty Period at
   no charge to you for parts or labour. You acknowledge and agree that you will
   be solely liable for any postage or shipping costs incurred in facilitating
   the Warranty Claim.

 * 6.5. The Warranty shall be the sole and exclusive warranty granted by Aqua
   Gardening  and shall be the sole and exclusive remedy available to you in
   addition to other rights and under a law in relation to the Products to which
   this warranty relates.

 * 6.6. All implied warranties including the warranties of merchantability and
   fitness for use are limited to the Warranty Period.

 * 6.7. The Warranty does not apply to any appearance of the supplied Products
   nor to the additional excluded items set forth below nor to any supplied
   Products where the exterior of which has been damaged or defaced, which has
   been subjected to misuse, abnormal service or handling, or which has been
   altered or modified in design or construction.

 * 6.8. You may make a claim for foreseeable loss or damage against the
   manufacturer directly. Aqua Gardening may provide you with assistance in this
   regard.  

7. Delivery

 * 7.1. You acknowledge that the Purchase Services offered by Aqua Gardening 
   integrate delivery (the 'Delivery Services') through the use of third party
   delivery companies (the 'Delivery Service Providers').

 * 7.2. In providing the Products and Purchase Services, Aqua Gardening will
   automatically select a courier dependent on the time and cost of the Delivery
   Service. You acknowledge and agree that Aqua Gardening is not the provider of
   these delivery and insurance options and merely engages the Delivery Service
   Providers for providing the Delivery Services. 

 * 7.3. If an item is lost or damaged in the course of the Delivery Services,
   Aqua Gardening asks that you: 

 * 7.4. contact Aqua Gardening within 24 hours of receiving the goods to report
   the damage and provide photos of the damaged box and damaged Product. 

 * (a) contact the Delivery Service Provider directly to request a refund or to
   claim on any insurance options available; and

 * (b) contact us at https://www.aquagardening.com.au/form/contact-support/ in
   what way the Products were damaged in transit so we can determine if the
   Delivery Service Provider should be removed from the Purchase Services.

 * 7.5. Aqua Gardening will not be accountable and  will not compensate for any
   delays made by the Delivery Service Provider. Aqua Gardening does not
   guarantee that your delivery will arrive within the projected time frame. Any
   claims  for delay or lost items be made against the Delivery Service
   Provider. 

8. Copyright and Intellectual Property

 * 8.1. The Website, the Purchase Services and all of the related products of
   Aqua Gardening  are subject to copyright. The material on the Website is
   protected by copyright under the laws of Australia and through international
   treaties. Unless otherwise indicated, all rights (including copyright) in the
   site content and compilation of the website (including text, graphics, logos,
   button icons, video images, audio clips and software) (the 'Content') are
   owned or controlled for these purposes and are reserved by Aqua Gardening  or
   its contributors.

 * 8.2. Aqua Gardening retains all rights, title and interest in and to the
   Website and all related content. Nothing you do on or concerning the Website
   will transfer to you:

 * (a) the business name, trading name, domain name, trademark, industrial
   design, patent, registered design or copyright of Aqua Gardening ; or

 * (b) the right to use or exploit a business name, trading name, domain name,
   trademark or industrial design; or

 * (c) a system or process that is the subject of a patent, registered design or
   copyright (or an adaptation or modification of such a system or process).

 * 8.3. You may not, without the prior written permission of Aqua Gardening  and
   the permission of any other relevant rights owners: broadcast, republish,
   up-load to a third party, transmit, post, distribute, show or play in public,
   adapt or change in any way the Content or third party content for any
   purpose. This prohibition does not extend to materials on the Website, which
   are freely available for re-use or are in the public domain.

9. Privacy

Aqua Gardening  takes your privacy seriously and any information provided
through your use of the Website and/or the Purchase Services are subject to Aqua
Gardening's Privacy Policy, which is available on the Website.

10. General Disclaimer

 * 10.1. You acknowledge that Aqua Gardening does not make any terms,
   guarantees, warranties, representations or conditions whatsoever regarding
   the Products other than provided for pursuant to these Terms. 

 * 10.2. Aqua Gardening will not honour or credit any discounts that are not
   displayed on the Website. 

 * 10.3. Aqua Gardening  will make every effort to ensure a Product is
   accurately depicted on the Website, however, you acknowledge that sizes,
   colours and packaging may differ from what is displayed on the Website.
   Special orders and backorder items are subject to availability from the
   supplier. 

 * 10.4. Aqua Gardening does not make any guarantees on the stock levels of
   products. If the information on the Website is incorrect , Aqua Gardening
   will contact you and offer an alternative or a refund. 

 * 10.5. Aqua Gardening will cancel unpaid orders 2 days after the payment falls
   due. 

 * 10.6. Aqua Gardening will cancel click and collect orders if the items are
   not collected  within 30 days without notice and will charge an additional
   20% re-stocking or holding fee should it be collected more than 30 days after
   the order was placed.

 * 10.7. Nothing in these Terms limits or excludes any guarantees, warranties,
   representations or conditions implied or imposed by law, including the
   Australian Consumer Law (or any liability under them) which by law may not be
   limited or excluded.

 * 10.8. Subject to this clause, and the extent permitted by law:

 * (a) all terms, guarantees, warranties, representations or conditions which
   are not expressly stated in these Terms are excluded; and

 * (b) Aqua Gardening  will not be liable for any special, indirect or
   consequential loss or damage (unless such loss or damage is reasonably
   foreseeable resulting from our failure to meet any applicable Consumer
   Guarantee), loss of profit or opportunity, or damage to goodwill arising out
   of or in connection with the Purchase Services or these Terms (including as a
   result of not being able to use the Purchase Services or the late supply of
   the Purchase Services), whether at common law, under contract, tort
   (including negligence), in equity, pursuant to statute or otherwise.

 * 10.9. Use of the Website, the Purchase Services, and any of the products of
   Aqua Gardening  (including the Delivery Services), is at your own risk.
   Everything on the Website, the Purchase Services, and the Products of Aqua
   Gardening , are provided to you on an "as is" and "as available" basis,
   without warranty or condition of any kind. None of the affiliates, directors,
   officers, employees, agents, contributors, third party content providers or
   licensors of Aqua Gardening  (including any third party where the Delivery
   Services are made available to you) makes any express or implied
   representation or warranty about its Content or any products or Purchase
   Services (including the products or Purchase Services of Aqua Gardening )
   referred to on the Website. This includes (but is not restricted to) loss or
   damage you might suffer as a result of any of the following:
    
 * (a) failure of performance, error, omission, interruption, deletion, defect,
   failure to correct defects, delay in operation or transmission, computer
   virus or other harmful components, loss of data, communication line failure,
   unlawful third party conduct, or theft, destruction, alteration or
   unauthorised access to records;

 * (b) the accuracy, suitability or currency of any information on the Website,
   the Purchase Service, or any of its Content related products (including third
   party material and advertisements on the Website);

 * (c) costs incurred as a result of you using the Website, the Purchase
   Services or any of the Products;

 * (d) the Content or operation in respect to links which are provided for the
   User's convenience;

 * (e) any failure to complete a transaction or any loss arising from e-commerce
   transacted on the Website; or

 * (f) any defamatory, threatening, offensive or unlawful conduct of third
   parties or publication of any materials relating to or constituting such
   conduct.

11. Limitation of Liability

 * 11.1. Aqua Gardening's total liability arising out of or in connection with
   the Purchase Services or these Terms, however arising, including under
   contract, tort (including negligence), in equity, under statute or otherwise,
   will not exceed the most recent Purchase Price paid by you under these Terms
   or where you have not paid the Purchase Price, then the total liability of
   Aqua Gardening  is the resupply of the information or Purchase Services to
   you.

 * 11.2. You expressly understand and agree that Aqua Gardening, its affiliates,
   employees, agents, contributors, third party content providers and licensors
   shall not be liable to you for any direct, indirect, incidental, special
   consequential or exemplary damages which may be incurred by you, however,
   caused and under any theory of liability. This shall include, but is not
   limited to, any loss of profit (whether incurred directly or indirectly), any
   loss of goodwill or business reputation and any other intangible loss.

 * 11.3. Aqua Gardening is not responsible or liable in any manner for any site
   content (including the Content and Third Party Content) posted on the Website
   that is not authored by Aqua Gardening in connection with the Purchase
   Services, whether posted or caused by users of the Website of Aqua Gardening
   , by third parties in respect of any of the Products or Purchase Services
   offered by Aqua Gardening.

 * 11.4. You acknowledge that Aqua Gardening does not provide the Delivery
   Services to you and you agree that Aqua Gardening will not be liable to you
   for any special, indirect or consequential loss or damage, loss of profit or
   opportunity, or damage to goodwill arising out of or in connection with the
   Delivery Services.

 * 11.5. If incorrect content or advice has been provided, Aqua Gardening will
   take reasonable steps to ensure the issue is resolved with you. Aqua
   Gardening is not responsible or liable for any losses incurred by our
   recommendations, and will assess in its own sole discretion whether a refund
   or replacement ought to be issued by contacting us at
   https://www.aquagardening.com.au/form/contact-support/

12. Termination of Contract

 * 12.1. The Terms will continue to apply until terminated by either you or by
   Aqua Gardening  as set out below.

 * 12.2. If you want to terminate the Terms, you may do so by:

 * (a) notifying Aqua Gardening  at any time; and closing your accounts for all
   of the Purchase Services which you use, where Aqua Gardening has made this
   option available to you.

 * (b) Your notice should be sent, in writing, to Aqua Gardening  via the
   'Contact Us' link on our homepage.

 * 12.3. Aqua Gardening may at any time, terminate the Terms with you if:
    
 * (a) you have breached any provision of the Terms or intend to breach any
   provision;
    
 * (b) Aqua Gardening is required to do so by law;
    
 * (c) the partner with whom Aqua Gardening offered the Purchase Services to you
   has terminated its relationship with Aqua Gardening or ceased to offer the
   Purchase Services to you;
    
 * (d) Aqua Gardening is transitioning to no longer providing the Purchase
   Services to Users in the country in which you are resident or from which you
   use the service; or
    
 * (e) the provision of the Purchase Services to you by Aqua Gardening is, in
   the opinion of Aqua Gardening, no longer commercially viable.
    
 * 12.4. Subject to local applicable laws, Aqua Gardening  reserves the right to
   discontinue or cancel your membership to the Website at any time and may
   suspend or deny, in its sole discretion, your access to all or any portion of
   the Website or the Purchase Services without notice if you breach any
   provision of the Terms or any applicable law or if your conduct impacts Aqua
   Gardening's name or reputation or violates the rights of those of another
   party.
    
 * 12.5. When the Terms come to an end, all of the legal rights, obligations and
   liabilities that you and Aqua Gardening  have benefited from, been subject to
   (or which have accrued over time whilst the Terms have been in force) or
   which are expressed to continue indefinitely, shall be unaffected by this
   cessation, and the provisions of this clause shall continue to apply to such
   rights, obligations and liabilities indefinitely.

13. Indemnity

 * 13.1. You agree to indemnify Aqua Gardening, its affiliates, employees,
   agents, contributors, third party content providers and licensors from and
   against:

 * (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss
   and damage (including legal fees on a full indemnity basis) incurred,
   suffered or arising out of or in connection with any Content you post through
   the Website;

 * (b) any direct or indirect consequences of you accessing, using or
   transacting on the Website or attempts to do so and any breach by you or your
   agents of these Terms; and/or any breach of the Terms.

14. Dispute Resolution

 * 14.1. Compulsory:
   If a dispute arises out of or relates to the Terms, either party may not
   commence any Tribunal or Court proceedings in relation to the dispute, unless
   the following clauses have been complied with (except where urgent
   interlocutory relief is sought.

 * 14.2. Notice:
   A party to the Terms claiming a dispute ('Dispute') has arisen under the
   Terms, must give written notice to the other party detailing the nature of
   the dispute, the desired outcome and the action required to settle the
   Dispute.

 * 14.3. Resolution:
   On receipt of that notice ('Notice') by that other party, the parties to the
   Terms ('Parties') must:

 * (a) Within 30 days of the Notice endeavour in good faith to resolve the
   Dispute expeditiously by negotiation or such other means upon which they may
   mutually agree;

 * (b) If for any reason whatsoever, 40 days after the date of the Notice, the
   Dispute has not been resolved, the Parties must either agree upon selection
   of a mediator or request that an appropriate mediator be appointed by the
   President of the Australian Mediation Association (Phone: 1300 633 428) or
   his or her nominee;

 * (c) The Parties are equally liable for the fees and reasonable expenses of a
   mediator and the cost of the venue of the mediation and without limiting the
   foregoing undertake to pay any amounts requested by the mediator as a
   precondition to the mediation commencing. The Parties must each pay their
   costs associated with the mediation;

 * (d) The mediation will be held in Brisbane, Australia.

 * 14.4. Confidential
   All communications concerning negotiations made by the Parties arising out of
   and in connection with this dispute resolution clause are confidential and to
   the extent possible, must be treated as "without prejudice" negotiations for
   applicable laws of evidence.
    
 * 14.5. Termination of Mediation
   If 6 weeks have elapsed after the start of a mediation of the Dispute and the
   Dispute has not been resolved, either Party may ask the mediator to terminate
   the mediation and the mediator must do so.

15. Venue and Jurisdiction

The Purchase Services offered by Aqua Gardening  is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in
relation to the Website, you agree that the exclusive venue for resolving any
dispute shall be in the courts of Queensland, Australia.

16. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed,
interpreted and construed by, under and pursuant to the laws of Queensland,
Australia, without reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not contested. The
Terms shall be binding to the benefit of the parties hereto and their successors
and assigns.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties have taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds
of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms
shall remain in force.

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Privacy Policy

1. We respect your privacy

 * 1.1. Aqua Evolutions Pty Ltd (ABN 69 167 108 367) trading as Aqua Gardening
   respects your right to privacy and is committed to safeguarding the privacy
   of our customers and website visitors. We adhere to the Australian Privacy
   Principles contained in the Privacy Act 1988 (Cth). This policy sets out how
   we collect and treat your personal information.
    
 * 1.2. "Personal information" is the information we hold which is identifiable
   as being about you.


2. Collection of personal information

 * 2.1. We will, from time to time, receive and store the personal information
   you enter onto our website, provided to us directly or given to us in other
   forms.
    
 * 2.2. You may provide basic information such as your name, phone number,
   address and email address to enable us to send information, provide updates
   and process your product or service order. We may collect additional
   information at other times, including but not limited to, when you provide
   feedback, provide information about your personal or business affairs, change
   your content or email preference, respond to surveys and/or promotions,
   provide financial or credit card information, or communicate with our
   customer support.
    
 * 2.3. Additionally, we may also collect any other information you provide
   while interacting with us.


3. How we collect your personal information

 * 3.1. We collect personal information from you in a variety of ways, including
   when you interact with us electronically or in person, when you access our
   website and when we provide our services to you. We may receive personal
   information from third parties. If we do, we will protect it as set out in
   this Privacy Policy.


4. Use of your personal information

 * 4.1. We may use personal information collected from you to provide you with
   information, updates and our services. We may also make you aware of new and
   additional products, services and opportunities available to you. We may use
   your personal information to improve our products and services and better
   understand your needs.
    
 * 4.2. We may contact you by a variety of measures including, but not limited
   to telephone, email, SMS or mail. 


5. Disclosure of your personal information

 * 5.1. We may disclose your personal information to any of our employees,
   officers, insurers, professional advisers, agents, suppliers or
   subcontractors insofar as reasonably necessary for the purposes set out in
   this Policy. Personal information is only supplied to a third party when it
   is required for the delivery of our services.
    
 * 5.2. We may from time to time need to disclose personal information to comply
   with a legal requirement, such as a law, regulation, court order, subpoena,
   warrant, in the course of a legal proceeding or response to a law enforcement
   agency request.
    
 * 5.3. We may also use your personal information to protect the copyright,
   trademarks, legal rights, property or safety of Aqua Evolutions Pty Ltd,
   www.aquagardening.com.au, its customers or third parties.
    
 * 5.4. Information that we collect may from time to time be stored, processed
   in or transferred between parties located in countries outside of Australia.
    
 * 5.5. If there is a change of control in our business or a sale or transfer of
   business assets, we reserve the right to transfer to the extent permissible
   at law our user databases, together with any personal information and
   non-personal information contained in those databases. This information may
   be disclosed to a potential purchaser under an agreement to maintain
   confidentiality. We would seek to only disclose information in good faith and
   where required by any of the above circumstances.
    
 * 5.6. By providing us with personal information, you consent to the terms of
   this Privacy Policy and the types of disclosure covered by this Policy. Where
   we disclose your personal information to third parties, we will request that
   the third party follow this Policy regarding handling your personal
   information


6. Security of your personal information

 * 6.1. We are committed to ensuring that the information you provide to us is
   secure. To prevent unauthorised access or disclosure, we have put in place
   suitable physical, electronic and managerial procedures to safeguard and
   secure information and protect it from misuse, interference, loss and
   unauthorised access, modification and disclosure.
    
 * 6.2. The transmission and exchange of information are carried out at your own
   risk. We cannot guarantee the security of any information that you transmit
   to us or receive from us. Although we take measures to safeguard against
   unauthorised disclosures of information, we cannot assure you that the
   personal information that we collect will not be disclosed in a manner that
   is inconsistent with this Privacy Policy.


7. Access to your personal information

 * 7.1. You may request details of personal information that we hold about you
   in accordance with the provisions of the Privacy Act 1988 (Cth). A small
   administrative fee may be payable for the provision of information. If you
   would like a copy of the information, which we hold about you or believe that
   any information we hold on you is inaccurate, out of date, incomplete,
   irrelevant or misleading, please contact us at
   https://www.aquagardening.com.au/form/contact-support/
    
 * 7.2. We reserve the right to refuse to provide you with information that we
   hold about you, in certain circumstances set out in the Privacy Act.


8. Complaints about privacy

 * 8.1. If you have any complaints about our privacy practices, please feel free
   to send in details of your complaint to either info@aquagardening.com.au or
   in writing to 4 Billabong Street, Stafford, Queensland, 4053. We take
   complaints very seriously and will respond promptly after receiving written
   notice of your complaint.


9. Changes to Privacy Policy

 * 9.1. Please be aware that we may change this Privacy Policy in the future. We
   may modify this Policy at any time, at our sole discretion and all
   modifications will be effective immediately upon our posting of the
   modifications on our website or notice board. Please check back from time to
   time to review our Privacy Policy.


10. Website

 * 10.1 When you visit our website.
    
 * 10.2. When you come to our website (www.aquagardening.com.au) we may collect
   certain information such as browser type, operating system, website visited
   immediately before coming to our site, etc. This information is used in an
   aggregated manner to analyse how people use our site, such that we can
   improve our service.


11. Cookies

 * 11.1. We may from time to time use cookies on our website. Cookies are very
   small files which a website uses to identify you when you come back to the
   site and to store details about your use of the site. Cookies are not
   malicious programs that access or damage your computer. Most web browsers
   automatically accept cookies but you can choose to reject cookies by changing
   your browser settings. However, this may prevent you from taking full
   advantage of our website. Our website may from time to time use cookies to
   analyse website traffic and help us provide a better website visitor
   experience. In addition, cookies may be used to serve relevant ads to website
   visitors through third party services such as Google Adwords. These ads may
   appear on this website or other websites you visit.
    
 * 11.2. We can also log the internet protocol address (IP address) of visitors
   to our Website so that we can work out the countries in which the computers
   are located.
    
 * 11.3. We collect information using “cookies” and other tracking technologies
   for the following reasons:
    
 * to help us monitor the performance of our Website so that we can improve the
   operation of the Website and the services we offer;
 * to provide personalised services to each user of our Website to make their
   navigation through our Website easier and more rewarding to the user;
 * to sell advertising on the Website to meet some of the costs of operating the
   Website and improve the content on the Website; and
 * when we have permission from the user, to market the services we provide by
   sending emails that are personalised to what we understand are the interests
   of the user.
    
 * 11.4. Even if you have permitted us to send you emails, you can, at any time,
   decide not to receive further emails and will be able to “unsubscribe” from
   that service.
    
 * 11.5. In addition to our cookies, we may also use various third-parties
   cookies to report usage statistics of the Website, deliver advertisements on
   and through the Website, and so on.
    
 * 11.6. What are your choices regarding cookies? If you are unhappy about
   having a cookie sent to you, you can set your browser to refuse cookies or
   choose to have your computer warn you each time a cookie is being sent.
   However, if you turn your cookies off, some of our services may not function
   properly.


12. Third-party sites

 * 12.1. Our site may from time to time have links to other websites not owned
   or controlled by us. These links are meant for your convenience only. Links
   to third party websites do not constitute sponsorship or endorsement or
   approval of these websites. Please be aware that we are not responsible for
   the privacy practises of other such websites. We encourage our users to be
   aware, when they leave our website, to read the privacy statements of every
   website that collects personally identifiable information.
    

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