MY WATER SCORE TERMS OF SERVICE

Welcome to www.mywaterscore.com.au (“Site”). Please read these My Water Score Terms of Service (“Terms”) carefully because they form a legally binding agreement between you and My Water Score [insert correct legal entity and ABN] (“My Water Score,” “we,” “us,” or “our”).

These Terms govern your access to and use of the Site and your purchase and use of our water testing products and services, collectively “Products” or “Services”.

By accessing the Site or purchasing our Products or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Site or purchase our Products.

You confirm that you are at least the age of majority in your state or territory of residence.

For enquiries, contact support@mywaterscore.com.au.

1. Your use of the Site

We own and operate the Site and all content on it, including text, graphics, images, branding, educational materials, reports, summaries, templates, data visualisations, software and other materials, collectively “Site Content”.

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Site for personal or internal business use only.

You must not:

• copy, reproduce, distribute, scrape, republish or exploit Site Content without our written permission;

• use the Site for unlawful, misleading, fraudulent or unauthorised purposes;

• attempt to interfere with the Site’s operation, security or availability;

• use our content, reports, data, branding or materials to create a competing service;

• misrepresent any result, report, guideline comparison, laboratory output or My Water Score material.

All intellectual property rights in the Site, Site Content, report formats, summaries, educational materials, analysis frameworks, benchmarking, data structures, branding and software remain our property or the property of our licensors.

The Site Content is provided for general information only and must not be relied upon as medical, health, legal, regulatory, engineering, plumbing, environmental consulting or professional advice.

2. Purchases and Services

Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell Products and Services.

By purchasing from us, you agree that:

• you are purchasing a coordinated water testing, reporting and information service provided by My Water Score;

• laboratory testing services are arranged, coordinated and authorised by My Water Score;

• your customer relationship is with My Water Score, not with the laboratory, unless expressly stated otherwise;

• you will provide accurate, complete and up-to-date information;

• you will follow all instructions supplied with the kit, on the Site or by our support team.

We reserve the right to:

• refuse or cancel orders;

• limit quantities;

• change pricing or product descriptions;

• update test packages, analytes, laboratories or service inclusions;

• restrict sales at our discretion;

• refuse service where we reasonably believe the service is being misused, abused or used for unlawful or misleading purposes.

You authorise us to charge your selected payment method for the Products or Services purchased.

2A. Nature of the water testing service

Purchase of a water testing product includes:

• supply of a physical sampling kit; and

• a time-limited entitlement to coordinated laboratory testing, result review and reporting services managed and authorised by My Water Score.

The laboratory does not provide services directly to you when you purchase through My Water Score.

Your contract is exclusively with My Water Score.

Laboratory testing occurs only when authorised by My Water Score in accordance with these Terms.

My Water Score may choose the laboratory, subcontracted laboratory, testing method, reporting format and operational process used to fulfil the service, provided the service is materially consistent with the product purchased.

2B. Service activation requirement

The laboratory testing component of your purchase is not activated until you complete the required activation and submission process in accordance with our instructions.

Activation requires you to:

• submit your sample using the provided kit and instructions;

• complete any required activation, booking, registration or submission steps;

• provide accurate sample, order, contact and location information;

• comply with our process requirements.

Failure to follow our process may prevent testing, delay results or invalidate your sample.

2C. Service validity period

Your water testing service must be activated and your sample submitted within 90 days from the original purchase date, unless we expressly agree otherwise in writing.

This 90-day period is the “Service Validity Period”.

This period exists to support:

• sample integrity;

• laboratory scheduling;

• service availability;

• quality control;

• stock and preservative validity;

• operational certainty.

2D. Expiry and void services

If you do not activate and submit your sample within the Service Validity Period:

• your laboratory testing entitlement will automatically expire;

• the laboratory testing component of your order will become void;

• we will have no obligation to provide testing or reporting;

• the service will be deemed forfeited due to non-activation.

The sampling kit constitutes partial fulfilment of the order and does not extend the Service Validity Period.

2E. Late or invalid sample submissions

Samples submitted after the Service Validity Period:

• will not be authorised for testing;

• may not be processed by the laboratory;

• may be rejected, discarded or returned;

• may require purchase of a new testing service.

We are not responsible for expired, late, incorrectly labelled, damaged, contaminated or invalid sample submissions.

2F. Unauthorised laboratory submissions

Our laboratory partners perform testing only when authorised by My Water Score.

You must not:

• submit samples directly to a laboratory outside our authorised process;

• create your own order with a laboratory using our kit, identifiers, paperwork, bottles, labels or materials;

• attempt to obtain testing services outside our coordination;

• represent yourself as authorised by My Water Score to deal directly with a laboratory.

If you bypass our authorised process:

• your service may be deemed void;

• no refund will be provided, except where required by law;

• we are not responsible for any laboratory services, reports, delays, errors, communications or outcomes;

• any relationship will be solely between you and the laboratory;

• we have no obligation to present, interpret, support or rely on unauthorised test results.

2G. Reactivation of expired services

We may allow reactivation of an expired service within 12 months of purchase, at our sole discretion.

Reactivation may require payment of a reactivation fee.

Reactivation is not guaranteed.

After 12 months, reactivation is not available.

2H. Customer responsibilities

You are responsible for:

• activating your service within the required timeframe;

• following all sampling and submission instructions correctly;

• providing accurate information;

• submitting valid samples;

• ensuring samples are collected from the intended source;

• ensuring the sampling kit is not misused, damaged, contaminated or stored incorrectly;

• notifying us promptly if a kit is damaged, leaking or incomplete.

We are not responsible for delays, invalid samples, rejected samples or inaccurate contextual information caused by your failure to follow instructions or provide accurate information.

2I. Sample bottle handling and safety

Water sampling kits supplied by My Water Score may include laboratory-prepared sample bottles that contain trace preservatives required to maintain sample integrity for laboratory analysis.

By purchasing and using our Products, you acknowledge and agree that:

• sample bottles are laboratory containers intended solely for the collection of water samples for testing purposes;

• sample bottles and any contents are not for drinking or consumption;

• bottles must be kept sealed until the time of sample collection;

• bottles must be kept out of reach of children and pets;

• you must not remove, empty, touch, ingest, dilute, rinse or interfere with any liquid preservatives that may be present in the bottles;

• bottles must be used only in accordance with the instructions provided with the sampling kit and on our Site.

Some bottles may contain small quantities of laboratory preservatives necessary for accurate testing. These preservatives must not be touched, ingested or otherwise interfered with.

You agree to handle all sampling materials with reasonable care and to follow all instructions supplied with the kit.

Sample collection is performed by the customer at their own risk and responsibility.

My Water Score is not responsible for injury, loss or damage resulting from misuse, mishandling, improper storage or use of the sampling kit contrary to the instructions provided.

If any bottle is opened before sampling, damaged, leaking or its contents spilled, the bottle must not be used for sampling and the sample may become invalid.

Replacement kits may be required and additional charges may apply.

3. Refunds

Refunds are not available for:

• expired services;

• failure to activate within the Service Validity Period;

• improper sample submission;

• invalid, contaminated, damaged or incorrectly collected samples;

• failure to follow instructions;

• change of mind after kit dispatch;

• unauthorised laboratory submissions;

• delays caused by the customer, courier or third parties outside our reasonable control.

Refunds are provided only where required under Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified.

4. Laboratory services and third parties

We coordinate testing through independent third-party laboratories and, where required, subcontracted laboratories.

Laboratories are independent contractors and are not employees, agents or partners of My Water Score.

We do not control laboratory operations, internal processes, equipment, staffing, turnaround times, accreditations, subcontracting, reporting systems or technical decisions.

To the maximum extent permitted by law, we are not liable for:

• laboratory delays;

• laboratory errors;

• laboratory operational issues;

• laboratory reporting delays;

• courier delays;

• sample degradation during transit;

• laboratory rejection of invalid samples;

• subcontractor issues;

• matters outside our reasonable control.

Where we become aware of a material laboratory issue affecting your result, we may take reasonable steps to assist, which may include seeking clarification, requesting review or arranging retesting at our discretion.

5. Reporting and results

Water test reports are provided for informational and educational purposes only.

Reports may include laboratory results, Certificates of Analysis, analyte information, limits of reporting, observations, plain-English explanations, generalised commentary and comparisons with relevant guideline values.

Results do not constitute medical, health, legal, regulatory, engineering, plumbing, environmental consulting or professional advice.

You are responsible for any decisions made based on test results.

You should seek appropriate professional advice before making decisions about health, plumbing, treatment systems, filtration, regulatory compliance, business operations, property transactions, tenancy matters or legal disputes.

We do not guarantee:

• specific outcomes;

• detection of all possible contaminants;

• absence of contamination;

• regulatory compliance;

• suitability for any particular use;

• future water quality;

• water quality across an entire property, building, region or water supply;

• that a single sample represents all water used at a property;

• that results will remain the same over time.

Results depend on the sample provided, test package selected, laboratory method, limits of reporting, timing, plumbing, storage conditions, water source, collection method, transport conditions and other site-specific factors.

A result showing that an analyte was not detected above the laboratory limit of reporting does not necessarily mean the analyte is absent. It means it was not detected above the applicable laboratory reporting limit for that test.

6. No guarantee of safety

My Water Score does not certify, guarantee or declare that any water is “safe”.

Where we compare results with guideline values, those comparisons are provided for general informational purposes only.

Guidelines, standards and health-based values may change over time and may vary depending on use case, jurisdiction, customer circumstances and regulatory context.

Any statement that a result is below a guideline value, below a limit of reporting or within an observed range is not a guarantee of safety, suitability or compliance.

7. Customer use of reports

When we provide you with a report, Certificate of Analysis, summary, result table or other result material, we grant you a personal, non-exclusive, non-transferable licence to access and use that material for your own personal, household or internal business purposes.

You must not, without our prior written consent:

• alter, modify or misrepresent a report;

• remove context, limitations, disclaimers or explanatory notes from a report;

• publish a report in a way that is misleading, incomplete or deceptive;

• use a report to imply endorsement by My Water Score or a laboratory;

• commercially resell, sublicense or exploit a report;

• use our reports, summaries, frameworks or materials to create a competing product or service;

• publish a Certificate of Analysis, report or result in a way that identifies or misrepresents the laboratory, My Water Score or another person.

You may share your report with relevant professionals, such as plumbers, builders, filtration providers, health practitioners, property managers, regulators or consultants, for your own personal or internal business purposes.

If you publicly share your report or results, you are responsible for ensuring that your use is accurate, lawful, not misleading and includes appropriate context.

8. Test data, reports and derived insights

When you purchase a test through My Water Score, you appoint My Water Score to arrange laboratory testing and related analysis in accordance with these Terms.

You acknowledge and agree that My Water Score may receive, hold, analyse, interpret, store and use sample information, laboratory results, Certificates of Analysis, report data, metadata, order information, sample location information, water source information, questionnaire responses and related observations generated from or in connection with your test.

My Water Score retains all rights, title and interest in its platform, Site Content, report formats, summaries, interpretation methods, educational content, benchmarking, aggregated datasets, data structures, insights, trends, commentary, internal methods and any analysis or materials derived from test results, except to the extent those rights are held by a laboratory or other third party.

Your individual report is provided to you under the licence set out in these Terms.

Nothing in these Terms transfers ownership of My Water Score intellectual property, report formats, data structures, analysis frameworks, benchmarking, summaries, templates or derived insights to you.

9. De-identified, anonymised and aggregated data use

We may use test results and related information to create aggregated, statistical, anonymised or de-identified insights.

This may include use for:

• educational content;

• social media content;

• blog posts;

• newsletters;

• advertising and marketing;

• public-interest reporting;

• media releases and PR;

• research-style summaries;

• product development;

• benchmarking;

• water quality trend analysis;

• internal business analytics;

• maps, charts or generalised location-based insights;

• discussions of detections, non-detections, limits of reporting, guideline comparisons, water source types or result ranges.

Before publicly sharing information derived from customer results, we will take reasonable steps to remove or obscure information that directly identifies you, your household, your business, your exact address, your contact details, your order number or your individual report.

Public examples may refer to general locations, water source types, analytes tested, detections, non-detections, result ranges, limits of reporting, guideline comparisons or trends, provided we do not intentionally identify you or your exact property without your consent.

You acknowledge that de-identified, anonymised or aggregated insights may be used by My Water Score without further notice, payment or approval, provided we handle personal information in accordance with our Privacy Policy and applicable law.

10. Location data and public examples

Because water quality can be location-specific, you acknowledge that My Water Score may use generalised location information when creating de-identified, anonymised or aggregated insights.

This may include references to:

• suburb;

• town;

• city;

• region;

• state;

• postcode area;

• water source category;

• property type;

• generalised environmental context.

We will not intentionally publish your name, exact address, contact details, order number, full report, full Certificate of Analysis, identifiable property images or other directly identifying information without your consent.

Where a sample location is highly specific, unusual or could reasonably identify a person, household, business or property, we may further generalise, suppress, combine or remove location information before publication.

11. Identifiable case studies, testimonials and media

We will only publish your name, business name, testimonial, image, video, exact property location, full report, Certificate of Analysis or other directly identifying information with your consent.

If you provide a review, testimonial, image, video, case study, comment or other content for publication, you grant My Water Score a non-exclusive, royalty-free, worldwide licence to use, reproduce, edit, publish, distribute and display that content for marketing, educational, social media, PR and business purposes, subject to the consent you provide and applicable law.

You must not submit any content that is false, misleading, defamatory, unlawful, infringes third-party rights or contains personal information about another person without their consent.

12. Educational nature of public insights

Publicly shared examples, trends, maps, posts, case studies, summaries, charts or de-identified results are provided for general educational and informational purposes only.

They may not represent the water quality at any other property, suburb, region, state, source or supply.

They should not be relied upon as evidence that any other property, household, business, water source or region is safe, unsafe, compliant, non-compliant, contaminated or uncontaminated.

13. Privacy

Your use of the Site and Services is governed by our Privacy Policy.

Our Privacy Policy explains how we collect, use, store, disclose and protect personal information, including sample information, location information, laboratory results and de-identified or aggregated insights.

By using the Site or purchasing our Products or Services, you agree that we may handle your information in accordance with our Privacy Policy.

14. Trademarks

All trademarks, logos, business names, product names, branding and trade dress are owned by My Water Score or our licensors.

You may not use them without written permission.

15. Feedback

If you provide feedback, suggestions, ideas, reviews, comments or recommendations about our Products, Services, reports, Site or business, you agree that we may use that feedback without restriction or compensation.

This does not permit us to publish your personal information in a way that is inconsistent with our Privacy Policy.

16. Warranty disclaimer

To the maximum extent permitted by Australian law, our Site, Products and Services are provided “as is” and “as available”.

We do not guarantee uninterrupted, error-free or secure access to the Site or Services.

We do not warrant that the Site, Services, reports or results will meet your expectations or achieve any particular outcome.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified.

17. Limitation of liability

To the maximum extent permitted by law, our liability is limited to the amount you paid for the relevant Product or Service.

To the maximum extent permitted by law, we are not liable for:

• indirect loss;

• consequential loss;

• loss of business;

• loss of opportunity;

• loss of profit;

• reputational loss;

• property value loss;

• decisions made in reliance on results;

• third-party costs;

• filtration, plumbing, building, health, legal or consulting costs;

• laboratory delays or operational issues outside our reasonable control;

• courier delays;

• sample degradation or invalidity caused by collection, storage or transport issues outside our reasonable control;

• injury, loss or damage arising from misuse of sampling bottles or failure to follow handling and safety instructions.

Nothing in these Terms excludes, restricts or modifies your rights under Australian Consumer Law.

18. Indemnity

You agree to indemnify My Water Score, its officers, employees, contractors, service providers and partners against any claims, losses, liabilities, costs or expenses arising from:

• your misuse of the Site, Products or Services;

• your failure to follow instructions;

• your breach of these Terms;

• your unauthorised laboratory submission;

• your misleading, incomplete or unlawful publication of results or reports;

• your misuse of reports, data, branding or Site Content;

• your violation of any law or third-party right.

19. Force majeure

We are not liable for delay or failure to perform where caused by events beyond our reasonable control, including courier delays, laboratory disruptions, natural disasters, extreme weather, contamination events, supply shortages, strikes, illness, technical outages, cyber incidents, government actions, regulatory changes or other events beyond our reasonable control.

20. Termination

We may refuse service, cancel orders, suspend access or terminate access to the Site or Services where we reasonably believe you have breached these Terms, misused the Services, provided false information, attempted unauthorised laboratory access, acted unlawfully or created risk for My Water Score, our customers, laboratories or service providers.

Termination does not affect rights or obligations that accrued before termination.

21. Governing law

These Terms are governed by the laws of New South Wales, Australia.

The courts of New South Wales have exclusive jurisdiction.

22. Changes to these Terms

We may update these Terms from time to time.

Updated Terms apply upon publication on the Site, unless otherwise stated.

The Terms that apply to your purchase are the Terms in force at the time of purchase, except where changes are required by law or relate to Site use after publication.

23. Contact

My Water Score
support@mywaterscore.com.au
www.mywaterscore.com.au