Overview Terms and Conditions

These Terms of Service ("Terms") outline the rules for using the Hydrogen Water website www.hydrogenwaterh2o.com and the services we offer therein (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Using Our Service
  • You must be at least 18 years old to access or use the Services. By accessing or using the Services, you represent and warrant that you are at least 18 years old.
  • You agree to use the Services only for lawful purposes and in accordance with these Terms.
  • You agree not to engage in any conduct that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services
    2. Intellectual Property
    • The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, images, and software, are the exclusive property of Cadence™ or its licensors and are protected by copyright, trademark, and other intellectual property laws.
    • You may not modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Services.
    3. User Accounts
    • To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information when creating your account and to update your information as necessary to keep it accurate, current, and complete.
    • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Cadence™ immediately of any unauthorised use of your account or any other breach of security.
    4. Limitation of Liability
    • In no event shall Hydrogen Water, its officers, directors, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory.
    • Hydrogen Water's total liability to you for all claims arising out of or related to the Services shall not exceed the amount paid by you, if any, for access to the Services.
    5. Our Liability to You
    • To the fullest extent permitted by law, we exclude all liability, in contract or tort (including negligence), arising in connection with our Platform, Products, or services or these Terms, including any liability in respect of interruption of business, viruses and other harmful components within the Platform or content, loss of data or any indirect, special, punitive, consequential, incidental or similar damages arising from your use of this Platform or its content or services, or from the purchase or supply of any Products.
    • To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
    • These Terms may be subject to legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations (such as the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010)). If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
    • in the case of Products:
      the replacement of the Products or the supply of equivalent Products;
      the repair of the Products;
      the payment of the cost of replacing the Products or of acquiring equivalent Products; or
      the payment of having the Products repaired; and in the case of services:
      the supply of the services again; or the payment of the cost of having the services supplied again.
    • In respect of any liability which cannot be excluded in accordance with the above provisions, then we limit such liability, where lawful, to payment in the amount of $10 or the minimum amount permissible by law (if greater than $10).
    6. Your Liability to Us

    You are liable and solely responsible for:

    •  Verifying the accuracy of any information which you supply to us and ensuring that you have all necessary consents from any third party;
    • Your breach of any person's intellectual property rights (including those of Hydrogen Water).
    • Your breach of these Terms or any other agreement with us; and
    • Your breach of any applicable law.
    • You agree to indemnify Hydrogen Water (including our directors, employees, contractors, assigns, and related bodies corporate) (Indemnified Parties) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) – (d) above.
    • We reserve the right, at our own expense, to assume the exclusive defence and control of any third party claims or matter which is otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
    7. Recurring Orders (Subscriptions)
    • If you sign up to receive a series of regular Orders your credit card will be charged on the same day every week, fortnight or month based on your scheduled delivery choice.
    • The charge day depends on the day you placed your order and will be listed on your account profile. If your credit card provider declines our request for payment for any reason then the charge dates may vary.
    • If you consent to allow us to charge your credit card for orders, all charges are processed via a third party PCI compliant payment gateway. Hydrogen Water Pty Ltd never stores the actual card information on our servers.
    • You can change your recurring Order anytime, subject to the Cut-Off Period. For recurring Orders, the Cut-Off Period to make a change commences when we charge your credit card for that regular Order (every week, fortnight or month).
    • Any change or cancellation requests made after the Cut-off Period for your next immediate recurring Order has expired cannot be honoured because your Order will already be committed to processing in our team. Future deliveries (for the subsequent week, fortnight or month) can still be updated via your account profile.
    • You can pause your recurring Order at any time (subject to the Cut-Off Period). Simply, log on to your account profile to skip deliveries based on your preference. If you require any assistance please contact us. Our contact details are provided at the end of these Terms, (below).
    • You can cancel your recurring Order at any time (subject to the Cut-Off Period). However, please note that any payments already taken from your account for processed Orders cannot be cancelled and will not be refunded.
    • To be eligible for free shipping on recurring orders, you must meet the minimum order requirement of $99 (excluding promotional discounts). 
    8. Payment
    • Any transactions or purchases online can be made via American Express, MasterCard, Visa and Paypal and Zippay. We reserve the right to vary accepted payment methods at any time and without notice to you. All transactions are processed via our partner payment service Braintree Payments (a Paypal company; You can view their terms here) or where relevant, by Zippay. In order to secure payments for future purchases, in particular when you opt in for our recurring Order (subscription) service, tokenised payment information is securely stored on our servers. Hydrogen Water Pty Ltd never stores the actual card information on our servers and all payments are processed via a PCI compliant payment gateway.
    • All payments must be received by Hydrogen Water before your Order can be processed and delivered. When paying by card, if you have insufficient funds in your account or the card declines - the Order will not be processed. For direct transfers, your Order will only be delivered once the transfer has been completed.
    • If you cannot pay using the methods above, please contact us and we can try to organise a solution for you. Our contact details are provided at the end of these Terms, (below).
    9. Credit Card Security
    • All credit card payments are processed securely through a PCI compliant payment gateway Braintree Payments (a Paypal company) to ensure your personal details are kept safe. Zippay purchases are processed by Zippay. Hydrogen Water Pty Ltd does not store any credit card information on our servers. We reserve the right to vary our payment gateways at any time and without notice to you. We take reasonable steps to protect your personal information. However, we are not liable for any unauthorised access to this information.
    10. Account Credit
    • In some circumstances Hydrogen Water may offer you credit on your account (for instance as compensation or as a reward for a referral). Account credit is separate from and different to the credit which you receive when you purchase a Gift Card.
    • In all cases, if you receive a credit on your account, that credit:
      - must be used solely to pay for Products and services purchased from Hydrogen Water in conjunction with your account;
      - is never redeemable for cash.
      - cannot be transferred, resold, or exchanged; and will expire if it is not used within 90 DAYS from the date on which the credit was applied to your account.
    • If you wish to close your account and your account is in credit then you may use that credit to purchase Products or services prior to closing the account.
    • Alternatively, the unused credit will be forfeited immediately upon closure of your account and without further compensation to you. Remember, you must use account credit within 90 DAYS from the date on which the credit was applied to your account. 
    11. Discounts and Promotions
    • From time to time we may run various promotional campaigns aimed at introducing customers to our product range and/or otherwise improving our business. The campaigns may be in different forms and may provide incentives like account credit (referred to above), promotional codes or discounts.
    • Account credit, discounts or promotion codes are non-transferable and cannot be transferred, resold, or exchanged for cash.
    • Hydrogen Water Pty Ltd reserves the right, subject to applicable law, to cancel any promotion or discount without prior notice.
    • Only a single discount or promotion code is allowed per order and any such code cannot be used in conjunction with any other discounts or promotions.
    • The ‘Hydro Member Specials’ prices are only valid for orders placed and processed during the Promotional Period or until the allocated stock has been sold. Orders made before or after the Promotional Period will not be eligible for the promotional pricing. The specific products, promotional prices, and duration of the Promotional Period remain active only as long as these details are displayed on our website. While stocks last. Items per order limit applies.
    • For more information about the specific terms which are applicable to any of our various promotional campaigns, visit our promotions page in our FAQs.
    12. Declining an Order
    • We reserve the right not to provide Products or services, or to cancel an Order (or part thereof) at our sole discretion at any time. If we exercise that discretion, then we will refund or give you an account credit for the monies paid by you for the Products or services which we do not supply.
    • Without limiting the operation of any other Terms, we will not be held liable for loss or damage arising from our exercising of these rights, (subject always to our obligations under the Australian Consumer Law).
    13. General
    • You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
    • If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    • Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    • Nothing in these Terms constitutes a relationship of employer and employee, principal and agent or partnership between you and us.
    • These terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
    14. Contact us

    Please feel free to contact us if you have any questions about these Terms at:

    • info@hydrogenwaterh2o.com
    • 1300 841 115 
    • Suite E, Level 6/140 William St, Woolloomooloo NSW 2011

    Last updated: 8 April 2024