Legal

TERMS OF USE

Please carefully read the following general terms of use. These terms cover this website:- Aquarium Architect located at https://www.aquariumarchitect.com.au “the website”, which is independently owned by Aquarium Architect, located in Sydney Australia. Throughout this document, Aquarium Architect, may also be referred to as, “our”, “we”, “us” or “the website”. The term ‘you’ or ‘your’ or ‘customer’ refers to the user or viewer of this website.

1. Acceptance of the Terms of Use

By continuing to browse, access or use the website, you are deemed to having agreed to these Terms of Use. Using this website, any service provided in or accessed via the website, subjects you to the terms and conditions applicable to that service either on its own or in addition to these terms of use.
We suggest that you read these terms periodically as the Terms of Use may be altered from time to time due to legislative or other changes.

2. Access to the website, copyright, intellectual property rights

The website and its contents may be accessed for informational use only. It is subject to change without notice. We allow access for the purpose of private study, research etc., as permitted under the Copyright Act 1968 in Australia and international copyright and database rights laws. You are not permitted to use this website for commercial purposes, business or commercial gain and you must not extract, copy and/or re-utilise, in full or in part, any of the contents in the website, unless you request and receive written consent from us.
The information contained in this website is for general information purposes only. The information is provided by Aquarium Architect, and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services or information available in this website meet your specific requirements. All information provided on this site is subject to change without notice.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

3. Website Content, Design and other Intellectual Property

3.1. Website Intellectual Property

The majority of photos in this website, excluding ones credited to their owners are owned by us. The remaining content including but not limited to, text, software, website design, visual design, “look and feel”, layout, graphics, logos, button icons, trademarks, sounds, video, artwork, header animations, animations, computer code (collectively, “Content”), including but not limited to the template design, structure, selection, coordination, expression and arrangement of such Content contain is owned, controlled are registered trademarks and Intellectual Property of Aquarium Architect we reserve all rights in such, as may be protected under Intellectual Copyright and Trademark Legislation in Australia and/or internationally.

If we discover that our website Intellectual Property has been breached, it may give rise to a claim for legal action, compensation, claim for damages and be a criminal offence from the owner of that domain. A full Costs Assessment of the legal proceedings will also be undertaken and payable by the offending party in addition to our legal costs where we pursue our case in court.

3.1 Legal Information: Our Physical Aquarium Designs and 3D CAD Renderings

Aquarium Architect provides custom built aquariums for residential and corporate clients. Both companies design, build and install these aquariums, providing aquascaping and livestock also. They may also be optionally assigned to maintain these aquariums.

Unauthorised use of any content on this website or visual/video reproduction and distribution of our physical aquarium work or CAD Drawings/Blueprints may give rise to a claim for damages and/or be a criminal offence.

To the maximum extent permitted by law, we make no warranties, express or implied, in relation to the accuracy, completeness or currency of the Content on the website including, without limitation, any warranties relating to infringement of intellectual property rights of a third party.

Our physical Aquarium, Aquaculture System, Pond Installation designs and blue prints, including their internal and external systems and associated CAD Drawings are Copyright, and are protected by Australian Intellectual Property Laws, and licensed by us.

It is prohibited for the Client, Aquarium Servicing, Aquarium Stores, Aquarium Suppliers, Media or any other commercial entity to take photos, videos or other reproduction of our physical aquariums and designs; and transmit, redistribute or reproduce them on any digital media, print or other media without prior written permission from the companies. The Client and other commercial entities may also not commercially exploit or reproduce these designs or CAD Designs in any form. It is also prohibited to copy and/or share photos, videos or other visual material of our aquariums and CAD designs that exist on digital media (websites, social networking sites, YouTube etc) TV or print media for reproduction and distribution on any online or print forms.

When a Client purchases a Custom Built Aquarium, he/she accepts that Aquarium Architect have full rights to take photos, videos etc of their work, including livestock and aquascaping in their home or commercial premises as well as use their blueprints for marketing and promotion purposes in all forms digital media, print etc). Aquarium Architect do not require approval from the Client or any other commercial entity to do so.

If we discover that our Aquarium Designs Intellectual Property has been breached and reproduced,s it may give rise to a claim for legal action, compensation, claim for damages and be a criminal offence from the owner of that domain. A full Costs Assessment of the pending legal proceedings will also be undertaken and payable by the offending party in addition to our legal costs where we pursue our case in court.

Please contact our Legal department at if you have any questions about this legal information.

Other photos of works portrayed on this website, including but not limited to the Gallery and Inspirational Designs from the World on our Home page are not owned by us, they are the property of the respective owners and we provide photo credits accordingly: Takashi Amano, ADA, ADG, Okeanos Group, Aquatic Design Centre and others, and have been sourced from the public site Pinterest.com. We are not affiliated with these companies.

3.3 Your Use of the Site
You, a third party hired by you or your representatives may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Aquarium Architect reserves the right to bar any such activity.

If we discover that any element of our website or Intellectual Property has been breached and reproduced, it may give rise to a claim for legal action, compensation, claim for damages and be a criminal offence from the owner of that domain. A full Costs Assessment of the pending legal proceedings will also be undertaken and payable by the offending party in addition to our legal costs where we pursue our case in court.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Apple server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

4. CAD Drawings and Blueprints

Unauthorised use of any content on this website or visual/video reproduction and distribution of our physical work or CAD Drawings/Blueprints may give rise to a claim for damages and/or be a criminal offence.

As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content.

To the extent permitted by law, we and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission. We may reproduce Content sourced from our Suppliers in part or in full. We do not accept liability for the accuracy of this information.

We respect the intellectual property rights of others and therefore request that you notify us in writing where you believe that your work has been copied in a way that constitutes copyright infringement or where use of your trademark infringes your rights.

5. PRIVACY POLICY

i. Your Privacy rights:

Your Privacy is important to us, so please take time to view our Privacy Statement found on a separate page in this website. However, our Privacy Policy complies with National Privacy Principals as shown in Schedule 3 of the Privacy Act 1998 (Cmth).

ii. Third party websites:

Where the website provides links to other websites (3rd party) that are not in our control, we shall not be responsible, in any way, for such websites, including your reliance on same, and any such link to another website does not imply endorsement of all, or any, of the content in such website. Your access and use is governed by the terms and conditions of that third party website.

iii. Website availability and updates:

We reserve the right to make any amendment to the website in order to provide up to date information, additional services or changes to our terms or policies, allow for repairs, maintenance and to delete information. We may need to suspend access to all or part of the website without notice.
Due to the unreliability of the Internet, and whilst all reasonable steps will be made to ensure we provide availability to the website in a secure, fault and virus free environment, we do not guarantee availability, security, fault or virus free experiences to the website, including the internet, and any hardware and software systems you use to access the website, or any information passing through these systems. All care is taken to ensure the accuracy of information in the website, however from time to time error or omission may occur and we reserve the right to make amendment. The website is provided to you on an “as is” and “as available” basis and we will endeavour, wherever reasonably possible, to limit the frequency and duration of such occurrences.

iv. SSL Security:

This website supports Secure Socket Layers of 128bit or higher encryption.

Collection of your Personal Information

No information will be collected for browsing our website. We may use the information you provide to improve our products and services, give you a better buying experience, to periodically send promotional e-newsletters about new products, special offers, events to the email address provided.
This information is stored securely and we will never disclose this information to any third party or company.

Cookies and other Technologies

By using this website, you are agreeing to this policy and grant us permission to place and store cookies on your browser. A cookie is a small file which asks permission to be placed on your computer’s hard drive. Cookies allow web applications to respond to you as an individual.
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, Internet Protocl (IP) address, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

We reserve the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.
Accessing Your Personal Information:  You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know.

6. MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Australian export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Aquarium Architect with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Aquarium Architect with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Aquarium Architect, we will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Aquarium Architect of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Aquarium Architect and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

7. Indemnity and Liability

The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms & Conditions can exclude or restrict the application of such laws but, to the extent that it can under these laws, Aquarium Architect does not give any guarantee or warranties or make any representation of any kind, express or implied.
The information contained in this website is for general information purposes only, and any reliance of it is at your own risk. The information is provided by Aquarium Architect and while we endeavour to keep the information up to date and correct, we make no representations in the website and will not take responsibility for the consequences, delays or failures in the website including to its contents accuracy, suitability, availability, completeness or in same, any links provided in the website, including advertisements or third party information, except as stated and the website owner excludes all:
To the maximum extent permitted by law, in no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of, reliance on, or use of the website or its content or services or another hyperlinked website or with the delay or inability to access, display or use the website or its content or services whether based on negligence, contract, tort, strict liability, or otherwise, and even where we have been advised of the possibility of such damages or due to events beyond our control, including without limitation acts of God, fire, flood, accident or terrorism.
Where statutory rights prohibits any term or liability to be excluded and where we are found liable for any loss or damage arising out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law, our liability will not exceed to more than the resupply or the cost to resupply information or services in the website.
You must indemnify us, and keep us indemnified, against all actions, proceedings, losses, liabilities, claims, demands, costs and expenses (including reasonable legal expenses):
suffered or incurred by a third party in relation to any actual or threatened claim amounting from any breach of the terms of use by you and any or your agents, employees or contractors; and otherwise arising from a breach by you or other third party, including any negligent or willful act or omission.

8. Other information

If any part of the terms of use is deemed invalid or unenforceable, for whatever reason, then that part shall be struck out and will not affect the continued operation of the remaining provisions. Any failure to assert any right or remedy under these terms of use, will not be construed as a waiver of those rights or remedies and as such will remain in force and effect.

The terms of use is governed by and shall be construed in accordance with the laws of the state of New South Wales, Australia and the parties submit to the jurisdiction of the courts of that state and country.

AQUARIUM INSTALLATIONS AND SERVICING TERMS

This section outlines the terms and conditions applicable to all Custom Built Aquariums, Live Seafood Setups, Ponds and other water features that are supplied, installed or serviced by Aquarium Architect. Payment of the first deposit or full payment signifies sign off and acceptance of all contract terms as well as acceptance of the design, scope and specifications of the project. Refer to section 4 below for details.

1. CUSTOM-BUILT TANK WARRANTY AND LIABILITY

The Warranty for Custom-built Tanks covers non-induced breakage, silicone rupturing or releasing.

The following conditions apply:

We trust that the customer performs a duty of care and cares for the aquarium, ensuring correct maintenance is undertaken regularly by either Aquarium Architect or experienced professional and equipment is operating as designed.

Warranty is limited to replacement of the aquarium tank and sump only. We do not provide warranty for scratches to the tank, post installation.
We accept no liability to loss or damage to stock within the aquarium (livestock, plants, coral, aquascaping materials etc).

By signing a contract with Aquarium Architect, we waive all responsibility to any damage to your property and contents or third party property and contents delivery of tank, during aquarium installation/build and after handover.

We do not accept liability whatsoever for consequential damage to floor coverings, furniture, property loss, including third party building and contents during delivery of tank, during aquarium installation/build and after handover:

You must cover your aquarium installation including the tank, livestock, equipment etc under your own Contents Insurance Policy during for any induced or negligent impact, improper construction or positioning of stand/cabinet, failure of equipment or plumbing or when there is an accidental escape of water. It is your responsibility to ensure that you are covered correctly.
You must cover your property and third party property damage under a Building Isurance Policy that covers you for fire and escape of water/liquids and the consequential damage to property and third party properties, e.g floor, floor coverings and fittings and contents. It is your responsibility to ensure that you are covered correctly.

WARRANTY FOR DRY AND ELECTRONIC GOODS

We only use the best equipment brands for you Custom Built Aquarium. These reputable worldwide brands have undergone rigorous Quality Control, research and development to ensure our Customers have the best Aquarium products in the industry.

Aquarium Architect supports all warranties relating to products supplied. Warranty terms vary for each product.

Generally, all our Electrical products carry a 1-3 year Warranty Term. Please refer to the supplied product documentation and/or product description for Warranty details.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The warranties and product support that we offer and provide pursuant to our Terms and Conditions are in addition to the consumer warranties and guarantees under the Australian Consumer Law.
To make a Warranty claim, you need to first contact us by phone or email (sales@aquariumarchitect.com.au), where we will discuss your product issue. You will be required to supply us your receipt or Paid Order confirmation. If relevant, we will advise steps to resolve your product issue. If we determine that the product is indeed faulty, we will request that you send the item back to us or drop it off at our office.

The cost of posting the faulty product to us will be paid by the Buyer and we will cover the cost to ship the goods back to our Distributor and then back to you. We will endeavour to make the claim as quick as possible. We does not cover freight expenses on warranty claims. It is sender’s liability for return postage (with tracking).

All returns (at Buyer’s postage expense) must be sent to us in its original packaging, with all manuals, blank warranty card, other accessories and documentation included. You return should have tracking, as we take no responsibility if your return goes missing.

We advise that you keep the original product packaging if possible. In the unlikely event that you intend to make a Warranty Claim or request for repair, and you do not have the original packaging, you will bear the responsibility for safely packaging your product for transport and Aquarium Architect accepts no liability for any damage that may occur in transit.

After inspection by our team, if the product is deemed faulty, we reserve the right to repair or replace the product or relevant part (subject to in-stock availability and Manufacture warranty). Replacement items ship within two business days after the defective item is received in our warehouse and inspected by our Returns department.
Alternatively, if we are unable to repair or replace the product, we will provide the Customer with store credit or we may refund the price of the product (at the original price the product was purchased excluding postage cost).
Warranties for products included in your Custom Built Aquarium package after installation complete are deemeed null and void for the following:

Consumables, e.g. dry food, frozen food, supplements and medications;
If equipment are not stored in the prescribed area, e.g. in a cool location with proper ventilation
If there is damage to the exterior surfaces (including during transit);
If the product was not used for its intended purpose
If the product was tampered with in any way
To damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause
To damage caused by operating the product outside any guidelines published for use;
To defects caused by normal wear and tear or otherwise due to the normal ageing of the product;
If any serial number has been removed or defaced from the product;
Where proof of purchase (invoice or paid order confirmation) cannot be provided;
To damage caused by failure to provide dry storage for non-submersible electronic products ie. in aquarium cabinet that house open top sump filtration or in aquarium hood without proper ventilation.

2. GENERAL SERVICE CONTRACT TERMS

Aquarium Architect offers regular maintenance/service plans for aquariums at a competitive rate. Generally, each maintenance visit consists of cleaning the tank, water diagnosis, addition of chemicals, and replacement of any deceased fish (optional). Generally, a Service schedule consists of one service visit per month, on a 12 month contract. Customers may opt to have a more frequent service schedule, and it will be reflected in their invoice.

General Contract Terms for Service Contracts are as follows:

Payment: One Year Service Contracts: We require payment upfront in full. Full payment signifies acceptance of the terms and conditions of the contract and is required to schedule the first maintenance visit.

Service Scheduling

Once payment is made and funds have cleared, the Customer will be contacted by phone within 28 days to schedule their first service appointment. If the Customer cannot be contacted, the Customer must contact us by phone or email to schedule their appointment at a suitable time during business hours, Monday- Friday.

Onus is on the Customer to schedule service appointments within the contract period. Accordingly, onus is on the Customer to keep a log of these service appointments for their own records.

The Service contract only applies to the site address and Customer stated in the contract, for the tank specified. Service contracts can be transferred to another name after it has been requested in writing to sales@aquariumarchitect.com.au. If required, Servicing for the specified tank can be changed to a different address after payment, provided that it is within a radius of 40km of the Sydney CBD (an additional fee may apply).

Contracts expire one year from acceptance.
We are not obligated to provide additional service appointments after the contract period expires, under any circumstances whatsoever, including if it is due to any unforeseen events occurring during the contract period. This includes events such as fire, storm, terrorism, natural disasters, flood, burglary, company shutdown/lockdown, any event preventing site access, e.g. construction, change of company ownership etc.

Service Frequency: Usually, a tank service contract covers one service visit per month (12 maintenance visits per calendar year). Service frequency may vary from contract to contract.

Unused service callout appointments for the month are not accrued and carried forward to the next month(s) within the contract. If the Customer does not arrange the required service appointment(s) for the month, they expire and are forfeited.

Service Contract Cancellation: Cancellation requests must be made to sales@aquariumarchitect.com.au within 48 hours of payment. Cancellations will be made at our discretion.

Signing of a Service Contract signifies Customer acceptance of all contract terms. If you are unsure of the terms of the contract, the Customer is welcome to discuss before signing.

3. CUSTOM BUILT AQUARIUM CONTRACT TERMS

Custom Built Aquariums Installation Contracts – 80% upfront deposit to confirm order. Then, 20% payment at least one week before installation.

All aquariums and goods will remain the property of Aquarium Architect until full payment is received.

Custom Built Contract Cancellation: Cancellation requests must be made in writing to sales@aquariumarchitect.com.au within 24 hours of payment. Cancellations will be made at our discretion.

Signing of a Contract signifies Customer acceptance of all contract terms stated on this page. If you are unsure of the terms of the contract, the Customer is welcome to discuss before signing.

4. CUSTOM BUILT INSTALLATIONS- DESIGN SIGN-OFF AND ACCEPTANCE TERMS

Aquarium Architect will work closely with you to provide you with the design of your installation. As part of our sign-off process, we will issue drawings for your review. Payment of the first deposit signifies sign-off, design freeze and acceptance of all contract terms stated on this Legal website page. The design freeze signifies approval of the design, and includes but is not limited to these specifications:

Dimensions of the installation, including the cabinetry, tank and other features
Installation location of the aquarium/setup or water feature
Proposed installation date
Features of the setup
Target completion date
Design, style, finish, fabrication, materials and other features of the installation
Type of setup, e.g. Freshwater, Saltwater or Live Seafood.
All equipment and peripherals
All materials used, including aquascaping materials, coral, plants, rock and wood
Livestock and coral( if included)

Any changes to the design, specifications or scope of the project by the Customer that are required after sign-off will require a revision change, which will require our agreement. Approved changes may incur additional charges. Please inform Aquarium Architect in writing sales@aquariumarchitect.com.au if a revision change is required after sign-off. We will advise you if the change can be made and the costs applicable.

Payment

Your custom built installation contract may require payment in stages. Stage payments must be made when due, according to your contract. If there is any delay to payment of a stage, we will cease work immediately. Accordingly, any delays will impact project delivery timelines, which Aquarium Architect will not be held liable.

All aquariums and goods will remain the property of Aquarium Architect until full payment is received.

Project Delays

As discussed above, project sign-off signifies acceptance of our contract terms, including the scheduled installation date. If, for any reason the installation or works cannot proceed or are delayed due Customer delay, e.g. the site not being ready for the installation, delays by tradespeople or third parties hired by the Client to perform works for the site, insufficient access granted to the site, or excessive rescheduling of our work, or for any other reason, we will not be held liable.

We will not be held liable for project delays resulting from the Customer changing the scope of work.

Storage

If your project installation is delayed or cannot proceed for any reason beyond our control, we will store your aquarium and goods for a maximum duration of 3 months, at no cost. Thereafter, we charge $275 per cubic metre per month for storage costs. The maximum time that we will store your goods is 12 months. Thereafter, goods become full property of Aquarium Architect and may be disposed or sold.

If we agree to install an aquarium and goods after being released from storage, the Customer and Aquarium Architect will be required to form a new agreement, outlining a new proposed installation timeframe. This timeframe will take into account our schedule. Upon signoff of the new agreement, Aquarium Architect will provide the Customer with an updated invoice reflecting the storage costs, remaining balance due and other charges, if applicable. This invoice must be paid in full, in order for the aquarium installation to be completed. For any subsequent delays beyond our control, further storage costs will be charged at the same rate.

5. CUSTOM BUILT AQUARIUMS – FOR AQUARIUMS MANUFACTURED OVERSEAS

Specific aquariums, e.g. Large Acrylic tanks are manufactured overseas and shipped to the local port in Australia. Associated Customs clearance costs, customs duties, import taxes, GST and other additional charges may be billed to the Customer. These costs will be added to your invoice.

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. Aquarium Architect shall be free to use such information on an unrestricted basis.