Terms and Conditions

Overview

This website is operated by Alkasprings. Throughout the site, the terms “we”, “us” and “our” refer to Alkasprings. Alkasprings offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms and conditions. You can review the most current version of the Terms and conditions 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/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1) DEFINITIONS

Agreement” means the Agreement, incorporating these Terms and Conditions. “Alkasprings” means FillnGo Pty Ltd trading as Alkasprings ABN 46600692359, located at 10 Betty Street Newtown, QLD 4350. “Products” means alkaline spring water, ceramic dispenser, water cooler, smart pump and other products sold to the Customer by Alkasprings. “Bottles” means 15.2L water bottles rented by the Customer from Alkasprings. “Water cooler” means hot/cold, room/cold or hot/cold and room water system “Bottle Deposit”. “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 FillnGo Pty Ltd (“Alkasprings”) 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

  • If the Customer elects to return products or equipment prior to the end of the Term, the Customer is still liable to pay for any 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 Alkasprings.
  • Upon termination of the Agreement, refunds will not be provided for any unused products.
  • All payments must be processed prior to the delivery of product.
  • There is no minimum Agreement term.

5) LOST OR DAMAGED BOTTLES

At the time of Agreement, the customer is not required to pay a bottle deposit. However if bottles are lost or damaged the customer is required to pay $10 per bottle. You agree for us to debit $10 per bottle for any not acknowledged, lost or damaged bottles. If you have not ordered spring water from us in 2 months we will call you to see if you are still wanting to continue our services. If not continuing, we will pick up the empty bottles from you.  

6) OWNERSHIP

  • Bottles: Bottles are the property of Alkasprings. The Customer acknowledges that the ownership of Bottles is retained by Alkasprings at all times. Alkasprings 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 Alkasprings to demand the immediate payment of the balance of the consideration due from the Customer in these circumstances.
  • Water coolers, Ceramic dispensers and smart pumps: The customer acknowledges that once they purchase a water cooler and/or ceramic dispenser and/or smart pump from Alkasprings, it becomes complete property of the customer and Alkasprings has no obligation to service or maintain these products. The customer acknowledges full responsibility for service and maintenance of these products. The customer is required to download a receipt at the time of purchase and keep a copy as proof of purchase and date. Water coolers come with a two year warranty from time of purchase. The warranty provides comprehensive parts and labour coverage. It does not include damage or inappropriate use. It does not include a replacement water cooler while your water coolers is undergoing repairs. The water cooler must be brought back to Alkasprings so we can arrange warranty repairs. Ceramic dispensers have a two year warranty. Its does not include damage or inappropriate use. It does not include a replacement ceramic dispenser while you’re dispenser is being repaired. The ceramic dispenser must be brought back to Alkasprings so we can arrange warranty repairs.
    The smart pump has a two year replacement warranty. It does not include damage, inappropriate use or slow deterioration of the battery.

7) EXCLUSIVE USAGE

The Customer agrees that the Bottles shall be used for the sole purpose of holding Alkasprings water.

8) LIABILITY

  • 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.
  • The liability of Alkasprings for breach of the condition or warranty is limited to one of the following, at the option of Alkasprings: 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.
  • Under no circumstance is Alkasprings 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 Alkasprings of any changes to contact information including address and mobile number.

10) PAYMENT TERMS

The Customer must make payment by credit card online or over the phone before products are delivered.

11) OVERDUE PAYMENTS

  • The Customer agrees that any payments dishonoured or reversed by the Customer’s bank (made by direct debit or credit card) will be reimbursed by the Customer to Alkasprings including all fees charged by the Customer’s bank to Alkasprings.
  • The Customer agrees that any reasonable costs or disbursements incurred by Alkasprings 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

  • The Customer agrees to pay for the Products and Bottles supplied by Alkasprings, including GST where applicable, at the price specified on the initial delivery Invoice, the Agreement Form or at the revised price specified by Alkasprings according to clause 12(b).
  • Alkasprings reserves the right to adjust the price of Products during the Term, acting reasonably taking into account increases in the costs of Products to Alkasprings and the Consumer Price Index, without notice to be given of the price increase.

13) AGREEMENT TO OBTAIN CERTAIN INFORMATION

  • The Customer consents to Alkasprings 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 Alkasprings to improve customer services and allowing Alkasprings to market the services of its partners.
  • The Customer may notify Alkasprings at any time if the Customer does not wish to continue receiving marketing information from Alkasprings.
  • Alkasprings 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 Alkasprings.
  • The Customer agrees that Alkasprings 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 Alkasprings. There shall be no fee to apply for access.

14) DELIVERY

  • After ordering online, the customer will receive an email confirmation from our website ecommerce site containing order details. Alkasprings will normally confirm receipt of your order within a few hours of ordering. Alkasprings will give you a delivery day also.
  • Alkasprings will deliver Products to the Customer’s nominated premises via our in-house delivery service within 10 working days. However, if goods are unable to be delivered at the premises, Alkasprings will contact the customer to reorganise delivery at a later date.
  • The Customer acknowledges and agrees that Alkasprings may impose minimum delivery quantities for Products.
  • The Customer agrees to provide Alkasprings representative fast, reasonable and safe access to its premises to allow the fast efficient delivery of Products, and to use its best endeavours to have its empty Bottles available for collection on its scheduled delivery day. 
  • Delivery queries can be emailed to sales@alkasprings.au / Alkasprings will deliver Products and services on a regular scheduled delivery cycle based on the Customer’s needs. This include one delivery day per week. Please see FAQ page for your Delivery Day.
  • The customer acknowledges that Alkasprings will only deliver water and products to customers located on the Gold Coast. If you are outside of the Gold Coast please advise Alkasprings before you place any online order.
  • The Customer acknowledges and agrees that some units and building may not be suitable for our delivery service due to extended time involved to deliver the products. 

15) REFUNDS AND RETURNS POLICY

  • If for any reason the Customer is not completely satisfied with their purchase Alkasprings will give the Customer a 14 day money-back guarantee from the time the Customer receives the goods.
  • This refund policy does not apply to goods which have been damaged after delivery, if any attempt has been made to alter the product or misused the product.
  • All products must be in their original condition or near original condition.
  • Please contact Alkasprings via or CONTACT page for refunds or returns.

16) PAYMENT SECURITY POLICY

  • Alkasprings uses Stripe Payment Gateway for its online credit card transactions. Stripe processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.
  • All online credit card transactions performed on this site using the Stripe gateway are secured:
    • Payments are fully automated with an immediate response.
    • The Customer’s complete credit card number cannot be viewed by Alkasprings or any outside party.
    • All transactions are performed under 128 Bit SSL Certificate.
    • All transaction data is encrypted for storage within Stripes bank grade data centre, further protecting the Customer’s credit card data. v) Stripe is an authorised third party processor for all the major Australian banks.
    • Stripe at no time touches the Customer’s funds; all monies are directly transferred from the Customer credit card to the merchant account held by Alkasprings.
    • For more information about Stripe and online credit card payments, please visit www.stripe.com/au.

17) WARRANTY AND REPAIRS (ALKASPRINGS WILL PROVIDE A WARRANTY FOR THE WATER COOLERS IF PURCHASED)

  • 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.
  • The Customer agrees to maintain the Equipment in a clean and hygienic condition and acknowledges that if Alkasprings considers the Equipment to be in a substantially unclean or unhygienic condition, Alkasprings reserves the right to clean and sanitise (or exchange) the Equipment on the Customer’s behalf. Alkasprings agrees to notify the Customer in advance of its intention to clean and sanitise the Customer’s Equipment.
  • The Customer agrees to exercise due care to protect the Equipment, and acknowledges that the warranty provided by Alkasprings 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 Alkasprings and the Customer acts in accordance with those directions), misuse or negligence by the Customer.
  • The Customer acknowledges that use of the Equipment is at their own risk.
  • The Customer acknowledges that once they purchase a cooler unit and/or ceramic dispenser and/or smart pump from Alkasprings, it becomes complete property of the customer and Alkasprings has no obligation to service or replace these products outside of the two year warranty. The customer must obtain a copy of the receipt as proof of purchase and date of purchase. The customer acknowledges that if they do not have the receipt of purchase they cannot claim warranty, repairs or a replacement product.
  • The warranty provides comprehensive parts and labour coverage. It does not include a damaged or inappropriate used product. It does not include a replacement product while your product is undergoing repairs. The product must be brought back to Alkasprings so we can arrange warranty repair work.

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 Alkasprings in full for the reasonable costs of repair or replacement of the Equipment. This includes Alkasprings’s right to charge for lost or damaged 15.2L water bottles.

19) ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

20) HOW THIS AGREEMENT CAN BE TERMINATED

  • 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.
  • Alkasprings may immediately terminate this Agreement by notice to the Customer if:
    1. 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
    2. 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. 

21) GOVERNING LAW

  • 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).
  • 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.
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