Website Terms of Use and Disclaimer

Welcome to our website. This website (located at (“Site”) is owned and operated by FOCAL POINT WATER FEATURES (ABN 40 896 469 082) (“Focal Point”, “we”, “us”). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms of use and disclaimer which, together with our Privacy Policy, govern our relationship with you in connection with this Site. Should you not agree with any of these terms and conditions, please do not use our website.

Please note that further terms and conditions govern the purchase of any goods described on our Site. please refer to our Terms and Conditions of Sale.

Your use of this Site is subject to the following terms of use:

1. Use of our Website

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

2. How you may use material on our Site

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements, product images and designs and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.

All designs, trade marks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this website which are not the property of or licensed to us, which are acknowledged on the website.

If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website.

3. Do not rely on information on this Site

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

4. We are not responsible for websites we link to

Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

5. Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact

6. No Affiliation

Our Site is not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google nor is it endorsed or affiliated with any of those websites or their owners in any way.

7. Prohibited uses

You can only ever use our website for lawful purposes (such as researching and purchasing our goods or contacting us) in a manner consistent with the nature and purpose of the website.

You agree not to use the Site:

• in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);

• to transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail", “chain letter" or “spam" or any other similar solicitation;

• to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity.

• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to change, add to, remove, deface, hack or otherwise interfere with our website or any material or content displayed.

Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

8. Limitation of liability

Nothing in these terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).

Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

We 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 an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the website or these terms (including as a result of not being able to use the website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability but we can limit it, we limit it to the maximum extent permitted under section 64A of the ACL.

We make the website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website is provided “as is" and “as available" – we don’t make any representations or warranties of any kind – and, to the maximum extent permissible by law, we exclude all liability for loss or damage you might suffer because of:

failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third party conduct arising out of the website;

unsuitable or out of date information on the website (including third party material and advertisements on the website);

you or any other person acting or not acting, on any information;

personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website;

any unauthorised access to or use of information or data, including personal and financial information, collected by us;

any interruption of transmission to or from the website;

any unauthorised access to or use of information or data, including personal and financial information, collected by us;

any malware (randsomware, bugs, viruses or other harmful code);

costs incurred by you in using the website; and

links which are provided for your convenience.

It is your own responsibility to ensure that any products or information available through this website meet your specific requirements.

9. We may make changes to these terms

We reserve the right to change or modify these terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these terms, you should not use this Site.

10. Jurisdiction

These terms of use, their subject matter and their formation, are governed by the laws of Queensland. You and we both agree that the courts of Queensland will have exclusive jurisdiction.

This document was last updated: 9 July 2021