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Terms Of Use

Terms of Use – Whywait Plumbing Website
Last updated: 7 December 2025

1. About these Terms

Welcome to the Whywait Plumbing website at whywait.com.au (the Website), which is owned and operated by Whywait Plumbing Pty Ltd A.C.N. 071 242 825 (Whywait Plumbing, we, us, our).

These Terms of Use (Terms) set out the conditions on which you may access and use the Website, including any content, tools, forms, blogs, resources or other material made available through it.

By accessing or using the Website, you:

  • agree to be bound by these Terms; and 
  • acknowledge that you have also read and understood our Privacy Policy, which forms part of these Terms and is available on the Website. 

If you do not agree to these Terms, you must not use the Website.

We may update these Terms from time to time by posting the revised version on the Website, accompanied by a new “Last updated” date. Your continued use of the Website after the changes are posted indicates your acceptance of the updated Terms.

2. Website is not a quote or service agreement

The Website is provided for general information only. It:

  • describes our business and plumbing services; 
  • provides general educational content (including blog posts and guides); and 
  • allows you to submit enquiries and requests for quotes or bookings. 

Any actual plumbing work, services or goods that we provide to you will be governed by the specific terms agreed with you at the time (for example, our quote, work order, service agreement or invoice terms), together with your non-excludable rights under the Australian Consumer Law.

The Website itself does not create a binding agreement for us to provide plumbing services to you.

3. Eligibility and your responsibilities

By using the Website, you confirm that:

  • you are at least 18 years old, or you have the consent of a parent or guardian; 
  • any information you provide to us through the Website (for example, via forms or comments) is true, accurate and complete; and 
  • you will comply with all applicable laws when using the Website. 

You are responsible for:

  • your own internet connection, devices and software; and 
  • ensuring that anyone using the Website through your device or internet connection is aware of, and complies with, these Terms.

4. Website availability and changes

We aim to keep the Website available, secure, and up to date, but we do not guarantee that it will always be available or error-free.

We may, at any time and without notice:

  • change or update the content or functionality of the Website; 
  • suspend or restrict access to some or all of the Website (for maintenance, security or other reasons); or 
  • discontinue the Website in whole or in part. 

To the extent permitted by law, we are not responsible for any loss, cost, damage or liability you may suffer as a result of any change to, suspension of, or discontinuance of the Website.

5. Prohibited conduct

You must use the Website only for lawful purposes and in a manner that does not infringe the rights of others.

In relation to the Website, you must not:

  • use the Website for any activity or post or transmit any information or material that: 
    • is unlawful, fraudulent, misleading or deceptive; 
    • infringes a third party’s intellectual property, privacy or other rights; 
    • is defamatory, obscene, offensive, threatening, harassing or otherwise objectionable; or 
    • breaches any applicable industry code or standard; 
  • use the Website to send unsolicited messages (including spam) or to promote or advertise third-party products or services without our prior written consent; 
  • tamper with, hinder or modify the Website, or attempt to gain unauthorised access to any part of the Website or any associated system or network; 
  • knowingly transmit any virus, malware or other harmful code to or via the Website; or 
  • attempt, assist or permit any person to do any of the above. 

We may take any action we consider appropriate in response to a breach of these Terms, including suspending or blocking your access to the Website, removing or editing content, or reporting the matter to the relevant authorities.

6. Intellectual property

All intellectual property rights in the Website and its content are owned by or licensed to Whywait Plumbing. This includes:

  • the design, layout, look and feel of the Website; 
  • text, images, photographs, graphics, icons and logos; 
  • blog posts, articles, guides and other written content; 
  • software, code and other technical components. 

You may:

  • view the Website and its content using your web browser; and 
  • make a temporary copy of the Website in your browser cache as part of the normal use of your browser. 

You must not, without our prior written permission:

  • reproduce, copy, adapt, modify, publish, communicate, upload, frame, embed, distribute or otherwise use any content from the Website for any commercial purpose; 
  • remove or alter any copyright, trademark or other proprietary notices on the Website; or 
  • do anything that infringes or may infringe our intellectual property rights or those of our licensors. 

We reserve all rights not expressly granted in these Terms.

7. User content (comments, reviews, uploads)

If the Website allows you to post, submit or upload any content (such as comments, reviews, questions, photos or other material) (User Content):

  • you are solely responsible for your User Content; 
  • you must ensure that your User Content complies with these Terms (including the prohibited conduct clause); and 
  • you must not upload or share anything you do not have the right to use or that infringes the rights of others. 

By submitting User Content via the Website, you:

  • grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, edit, publish and communicate that User Content for the purpose of operating, promoting and improving our Website and services; and 
  • warrant that you have all necessary rights to grant that licence. 

We may remove or modify any User Content at our discretion, including if we consider it inappropriate, unlawful or in breach of these Terms.

8. Third-party websites and content

The Website may contain links, references or integrations to websites, content or services operated or provided by third parties (Third-Party Sites).

Third-Party Sites are not under our control. We:

  • do not endorse, approve or make any representation or warranty about Third-Party Sites or their products, services or content; and 
  • are not responsible for any loss or damage you may suffer in connection with your use of, or reliance on, any Third-Party Site. 

You access Third-Party Sites entirely at your own risk. You should review the terms and privacy policies of any Third-Party Site before using it.

9. General information only – no professional advice

The information on the Website (including articles, blogs, guides, videos and other material) is provided as a general overview of plumbing and related topics.

It is not intended to be comprehensive, technical or professional advice, and it may not take into account your specific circumstances, property, plumbing system or local conditions.

We try to ensure that information on the Website is current and accurate, but:

  • we do not guarantee that it is complete, up to date or suitable for your particular needs; and 
  • you should not rely solely on the Website when making decisions about plumbing work, safety, compliance or other matters. 

You should obtain appropriate professional advice (for example, by contacting another licensed plumber) before acting or failing to act in reliance on any information on the Website.

10. Australian Consumer Law and non-excludable rights

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded (Non-Excludable Rights).

If any part of these Terms would, but for this clause, be void, invalid or unenforceable, then that part will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

11. Disclaimers

Subject always to your Non-Excludable Rights and to the maximum extent permitted by law:

  • the Website and its content are provided “as is” and “as available”; 
  • we do not give any warranty or representation (express or implied) that the Website or its content will be error-free, uninterrupted, complete, accurate, suitable for your purposes or free from viruses or other harmful components; and 
  • we do not guarantee any particular result from your use of the Website. 

You are responsible for:

  • your use of the Website and any decisions you make based on information on the Website; and 
  • implementing appropriate security measures on your devices and systems (including up-to-date antivirus and backups).

12. Limitation of liability

Subject always to your Non-Excludable Rights and to the maximum extent permitted by law:

  • we are not liable for any loss of profit, loss of revenue, loss of opportunity, loss of data, or any indirect or consequential loss arising in connection with your use of, or inability to use, the Website; and 
  • our total aggregate liability to you for all claims arising out of or in connection with the Website or these Terms (however arising, including in contract, tort (including negligence), statute or otherwise) is limited to AUD $100. 

Where our liability cannot be excluded but may be limited under the Australian Consumer Law, our liability is limited, at our option, to:

  • in the case of services: 
    • the resupply of the services; or 
    • the payment of the cost of having the services resupplied; and 
  • in the case of goods: 
    • the replacement of the goods or the supply of equivalent goods; 
    • the repair of the goods; 
    • the payment of the cost of replacing the goods or acquiring equivalent goods; or 
    • the payment of the cost of repairing the goods.

13. Indemnity

To the extent permitted by law, you agree to indemnify us and keep us indemnified from and against any loss, damage, cost, expense, claim, demand or liability that we suffer or incur arising out of or in connection with:

  • your breach of these Terms; 
  • your misuse of the Website; or 
  • your infringement of any third party’s rights in connection with your use of the Website. 

This indemnity is reduced to the extent that the loss, damage, cost, expense, claim, demand or liability is caused by our negligence, fraud or wilful misconduct.

14. Privacy

Your use of the Website may involve the collection, use and disclosure of your personal information.

By using the Website, you acknowledge that we will handle your personal information in accordance with our Privacy Policy, as updated from time to time and available on the Website.

15. Suspension and termination

We may, at any time and without notice, suspend, restrict or terminate your access to all or part of the Website if we consider that:

  • you have breached these Terms; 
  • your use of the Website poses a security or operational risk; or 
  • we need to do so for legal, technical or business reasons. 

Termination or suspension of your access does not affect any accrued rights or obligations of either you or us. Any provisions of these Terms which by their nature are intended to survive termination (including intellectual property, limitation of liability, indemnity and governing law clauses) will continue in force.

16. International use

The Website is intended for use by people located in Australia.

We do not represent or warrant that the Website or its content is appropriate or lawful for use in locations outside Australia. If you access the Website from outside Australia:

  • you do so at your own risk; and 
  • you are responsible for compliance with local laws.

17. General

Suppose any provision of these Terms is held to be invalid, illegal or unenforceable. In that case, that provision will be severed or read down to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

If we do not exercise or enforce any right under these Terms, that does not constitute a waiver of that right or prevent us from exercising it in the future.

These Terms constitute the entire agreement between you and us regarding your use of the Website and supersede any prior understandings or agreements on that subject matter.

18. Governing law and jurisdiction

The laws of Queensland, Australia, govern these Terms.

You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them in respect of any dispute arising in connection with the Website or these Terms.

If you have any questions regarding these Terms, please contact us using the contact information provided on our Contact Us page.

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