Aqua Gardening has closed permanently as of February 20th, 2024.

All orders that have not yet been dispatched, have been refunded.

We would like to thank everyone for supporting us over the past 29 years! We will miss every single one of you.

Download one of our FREE Gardening eBooks!

New Members' Hub - Locked Prices & Members Deals!

Track Order Contact

$12.95 Flat Rate Shipping

Free Shipping Over $249*

60 Day Returns

Author: Aqua Gardening

How To Build a Natural Pond Step By Step

Video Transcript:

Hi I’m Chris from Aqua Gardening. In this video, I’m going to describe the proven 20 step process to build an Aquascapes pond kit, making building a pond fun and easy

Once a location for the new pond has been determined use a can of marking paint to draw the shape of the pond on the ground, making sure to keep the dimensions true to the size of the kit being used.

Place the skimmer box and bio falls filter along the perimeter of the pond taking into consideration the main viewing areas from inside the home, as well as outside.

The bio falls will be the source of the main waterfall so position the unit facing those areas. Flexible PVC pipe is used to connect the filters and transfer the water from the pump to the waterfall. Laying the pipe now and burying it in the berm during excavation will save digging it in later. Prepare to set the bio falls by installing the bulkhead fittings provided. Use a pair of channel locks to tighten down the fittings and create a watertight seal.

Multiple inlets offer an option for multiple pump applications or for easily connecting the plumbing, no matter which direction the pipe is coming from. Using silicone around the threads of the fittings cap of the unused side with a plug and install an NPT fitting to connect the flex pipe.

Remove the bio falls and prepare a flat and stable base for it to be set. the bio falls filter can be raised up or dug down depending upon the application, just make sure it's set to scale with the landscape.

Compact the soil with a tamper to avoid future settling and reposition the filter so that it sets level side to side and leaning slightly forward. Once set, stand inside of the unit and backfill around the front and sides leaving the back exposed to hook up the plumbing.

Use the PVC glue included in the installation kit to connect the pipe.

Apply the glue liberally to both clean components and then insert the pipe into the NPT fitting holding it firmly in place for about 20 seconds to allow for curing. proceed to backfill the area with loose soil and compact the dirt around the plumbing components to protect the connection.

Begin excavating the first shelf of the pond approximately 20 to 25 centimetres on your way to the 60 centimetre maximum depth specified by your pond kit.

Start in the middle and use the soil to build up a berm around the bio falls. Dig a small trench around the perimeter of the pond for the exposed pipe outside the berm, lay the pipe in the trench and backfill around it with the loose soil.

Before completely burying the pipe, now would be a great time to add an optional Ion Gen water clarification system. simply measure and cut out a section of ,pipe to accommodate the device, preferably in a low traffic area around the pond. use the PVC glue to attach the pipe to the Ion Gen fittings then hold firmly for 20 seconds before backfilling the area with loose soil.

Prepare to set the skimmer by marking around the filter and digging down approximately 50cm. Continue excavation of the first shelf and skimmer hole while building up and levelling the berm around the bio falls.

Once the first shelf is dug mark out and dig the second shelf another 20 to 24cm. Use a laser level or transit to set the water level with the skimmer and be sure to check the shelves inside the pond for depth consistency.

In preparation for setting the skimmer use a pair of channel locks to install the bulkhead fittings in the discharge ports. use silicon to create a watertight seal as you thread the NPT fittings into the bulkheads and tighten them down with channel locks.

To avoid settling use a hand tamper to create a solid flat base for the skimmer to be set. in order to function properly the filter should sit level side to side as well as front to back proceed to backfill around the filter with loose soil while standing inside the unit to prevent shifting.

Re-check the level after backfilling and be sure that the depth of the first shelf in front of the skimmer is 7 to 10cm lower than the bottom of the faceplate opening. prepare to connect the plumbing by measuring and cutting the pipe to the proper length once again use PVC glue to attach the pipe to the NPT fitting and hold for 20 seconds to allow for curing. Continue to backfill and compact loose soil around the pipe and skimmer. An optional overflow pipe can be installed out the other side of the skimmer or simply plugged if not required.

Mark out the third and final shelf of the pond and dig down until you've reached the specified kit depth of 60 cm using a flat shovel to cut 90 degree shelves will make stacking boulders much easier and more stable than sloped walls.

Once the basin is fully excavated and clear of any loose rock or debris it's time to install the protective pond underlay, lay it in the basin and conform it to the shelves starting at the bottom. next bring in the fish-safe EPDM rubber pond liner. Much like the underlayment, start at the bottom and pull down the liner to conform it to the pond shelves, doing your best to remove any large folds in the liner along the way.

Prepare to hook up the skimmer by pulling back the liner and cutting the underlay to expose the face. Fold the liner back over the skimmer face leaving slack at the bottom, and use your finger to trace out the opening.

Using the trace line as a guide cut out the rectangular shape 4cm inside the mark position the skimmer faceplate through the cut-out and expose the backside. To stretch the liner firmly around the component use a thick bead of silicone over the screw inserts before lining up the faceplate and attaching it to the skimmer.

Install the four corner screws first and then the rest in any order you choose.

Begin to rock in the pond by placing boulders along the vertical walls of the pond floor. Use a variety of sizes as you stack rocks in the pond much like building a stone retaining wall. If a boulder doesn't fit right flip it turn it and twist it, and if it still doesn't work set it aside and try a different one that will lock in place.

Be sure the tops of the stacked boulders sit 5cm higher than the liner in order to retain the gravel on the shelves.

Continue to work your way up from the bottom making sure the stone walls are stable as you go. Consider the waterfall while rocking in the pond and be sure to use large stones to frame out an entry point into the pond position. A few underwater lights between the boulders and lock them in place with small boulders. Run the light cables behind the rocks and wrap excess wire around the fixture. For ease of bulb replacement when the pond is full use a mixture of gravel to bury the light cables and any exposed liner along the shelves and pond floor the gravel can also be used to fill any voids between the rocks and provide extra stability to the pond walls.

Prepare to install the pump by assembling the check valve and threading it onto the pump discharge. Place the media rack first and then lower the pump down into the skimmer.

Connect the pump to the plumbing by hand threading the collar piece on to the check valve. An adjustable overflow fitting is provided and should be threaded into the opposite discharge outlet. position the filter pad around the check valve and lock the skimmer basket into place using the front tabs.

Set the skimmer lid on top and prepare to wash down the stones. use a garden hose to rinse the stones from top to bottom and a clean-out pump to remove the dirty water once the pond has been rinsed down a few times. Once the dirty water is pumped out pull the clean-out pump and begin to fill the pond.

Begin waterfall construction by setting a spillway stone between the large framing rocks at the ponds edge, fold the liner back and prepare the waterfall area by excavating the soil just below the top of the waterfall spillway stone. This will prohibit the gravel from washing down from the flow of the waterfall. Prepare to attach the Bio falls snout by lining up the filter opening and cutting the liner accordingly.

Once again use a thick bead of silicone over the screw inserts and install the snout by lining it back up and tightening down the screws the top.

Two screws should be lined up and installed first and then the rest in any order you choose. Set the media rack at the bottom of the bio Falls and follow it with the filter pads. Install the rock tray last and continue building the main waterfall. black waterfall foam is used to fill the gaps and voids between the rocks and keep the water flowing visibly over the rocks. Allow the foam time to cure before moulding it in place and disguising it with gravel. Continue to add rock and gravel throughout the waterfall area and use black waterfall foam wherever necessary. Use small cobbles to fill the rock tray and cap it off with gravel to help blend it into the berm.

Additional topsoil isn't always necessary but it proves to be useful for dressing up your berm plus the nutrient-rich soil provides a nice base for the perennials planted around the pond. Finish off the berm where you created the waterfall by building a small retaining wall behind it.

Cut the berm back to expose a dirt wall and set some larger boulders in place. Once set backfill the boulders and tamp the berm as soon as the pond is filled to its proper level and all the foam is dry you may test the pump and waterfall. if you aren't happy with the aesthetics of the waterfall you can play smaller stones on the waterfall spill weight to alter the flow with everything running.

In the pond at the correct water level go around the perimeter of the pond with a pair of cutters and leave yourself roughly 15cm of excess liner for edging.Trimming the liner after the waterfall is running will alleviate the possibility of cutting your line or too short and forming a low edge once the liner is trimmed.

Come in with rock and gravel for edging to break up the monotony of all the gravel edging. We also do some dirt edging dig a trench and fold down the liner against the rocks.

Back fill the trench with dirt and compact the area.To avoid settling this type of edging is used to bring landscaping right to the ponds edge.

Finish off the berm by landscaping around the water feature and bringing in mulch to prevent soil erosion. It's time to clean up make sure the entire site is cleaned of debris and extra materials. Review the pond owners manual with the home owner for general maintenance practices and add the recommended dosage of beneficial bacteria to jump start the ponds ecosystem.

With a professional Aquascapes pond kit and a proven step by step process you can transform any landscape into an aquatic paradise.

I’m Chris from Aqua Gardening, for safe healthy environments that benefit you and your family.

1. About the Website

1.1. Welcome to www.aquagardening.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by Aqua Evolutions Pty Ltd (ABN 69 167 108 367) trading as Aqua Gardening. Access to and use of the Website, or any of its associated Products or Services, is provided by Aqua Gardening . Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Aqua Gardening reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Aqua Gardening updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Aqua Gardening in the user interface.

3. Registration to use the Purchase Services

3.1. To access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) email address;
(b) mailing address; and
(c) telephone number.
3.2. You warrant that any information you give to Aqua Gardening in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Purchase Services and be automatically added to Growing with Benefits (‘Reward Program’).
3.4. You may check out as a guest and will only receive transactional emails. We will maintain your details for the purposes of purchase history and warranty claims
3.5. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Aqua Gardening; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Aqua Gardening of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Aqua Gardening providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means to send unsolicited email or unauthorised framing of or link to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Aqua Gardening for any illegal or unauthorised use of the Website, and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
(i) you will abide by the terms and conditions for the Reward Program found at https://www.aquagardening.com.au/how-to-redeem-my-drops/

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through Visa, MasterCard, American Express, zipPay, Afterpay, PayPal (the 'Payment Gateway Provider') or Bank Deposit. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the applicable Payment Gateway Provider.
5.3. Following payment of the Purchase Price being confirmed by Aqua Gardening, you will be issued with a receipt to confirm that the payment has been received and Aqua Gardening may record your purchase details for future use. Aqua Gardening will not amend or modify an order following payment.
5.4. Aqua Gardening will promise to match a competitors advertised price if the following requirements are met:
(a) sold by an Australian retailer;
(b) brand new and identical product;
(c) in stock and available to purchase;
(d) include the shipping cost to the address of the customer;
(e) does not include an item from bundled packages; and
(f) be above our cost price.
5.5. Aqua Gardening may, at their sole discretion, provide a refund on the return of the Products within 60 days where the Product packaging is unopened and remains in a saleable condition. A restocking fee of 20% will be applied to any returns that are not in a brand new condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund under this clause.
5.6. Selected lines are excluded from our 60-day change of mind return policy. The following are sold on a strict no refund or return policy unless they fall under a warranty claim:
(a) nutrients, additives, lamps/lights/CFLs, growing media, fish food and liquid pond treatments;
(b) custom made items, for example, NFT channels and aluminium frames cut to specification;
(c) Special orders, for products not regularly stocked this item, are marked as ‘Special Order’ in the availability description;
(d) Any items specifically cut to size at your request, for example, items we cut per liner meter as pond liners, fabrics, flower support mesh and more;
(e) Commercial quantities are non-refundable; and
(f) Clearance items are non-refundable.

6. Warranty

6.1. Aqua Gardening's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
6.2. You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within the manufacturer's warranty. Please refer to the Information tab on each product for the warranty details. In addition, our products come with guarantees per Australian Consumer Law from the date of purchase (the 'Warranty Period').
6.3. To make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Aqua Gardening showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by contacting us at https://www.aquagardening.com.au/form/contact-support/
6.4. Where the Warranty Claim is accepted then Aqua Gardening will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Aqua Gardening and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
6.8. You may make a claim for foreseeable loss or damage against the manufacturer directly. Aqua Gardening may provide you with assistance in this regard.

7. Delivery

7.1. You acknowledge that the Purchase Services offered by Aqua Gardening integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
7.2. In providing the Products and Purchase Services, Aqua Gardening will automatically select a courier dependent on the time and cost of the Delivery Service. You acknowledge and agree that Aqua Gardening is not the provider of these delivery and insurance options and merely engages the Delivery Service Providers for providing the Delivery Services.
7.3. If an item is lost or damaged in the course of the Delivery Services, Aqua Gardening asks that you:
7.4. contact Aqua Gardening within 24 hours of receiving the goods to report the damage and provide photos of the damaged box and damaged Product.
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us at https://www.aquagardening.com.au/form/contact-support/ in what way the Products were damaged in transit so we can determine if the Delivery Service Provider should be removed from the Purchase Services.
7.5. Aqua Gardening will not be accountable and will not compensate for any delays made by the Delivery Service Provider. Aqua Gardening does not guarantee that your delivery will arrive within the projected time frame. Any claims for delay or lost items be made against the Delivery Service Provider.

8. Copyright and Intellectual Property

8.1. The Website, the Purchase Services and all of the related products of Aqua Gardening are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Aqua Gardening or its contributors.
8.2. Aqua Gardening retains all rights, title and interest in and to the Website and all related content. Nothing you do on or concerning the Website will transfer to you:
(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Aqua Gardening ; or
(b) the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Aqua Gardening and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy

Aqua Gardening takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Aqua Gardening's Privacy Policy, which is available on the Website.

10. General Disclaimer

10.1. You acknowledge that Aqua Gardening does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2. Aqua Gardening will not honour or credit any discounts that are not displayed on the Website.
10.3. Aqua Gardening will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website. Special orders and backorder items are subject to availability from the supplier.
10.4. Aqua Gardening does not make any guarantees on the stock levels of products. If the information on the Website is incorrect , Aqua Gardening will contact you and offer an alternative or a refund.
10.5. Aqua Gardening will cancel unpaid orders 2 days after the payment falls due.
10.6. Aqua Gardening will cancel click and collect orders if the items are not collected within 30 days without notice and will charge an additional 20% re-stocking or holding fee should it be collected more than 30 days after the order was placed.
10.7. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.8. Subject to this clause, and the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Aqua Gardening 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 any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.9. Use of the Website, the Purchase Services, and any of the products of Aqua Gardening (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Aqua Gardening , are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Aqua Gardening (including any third party where the Delivery Services are made available to you) makes any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Aqua Gardening ) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

11.1. Aqua Gardening's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Aqua Gardening is the resupply of the information or Purchase Services to you.
11.2. You expressly understand and agree that Aqua Gardening, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3. Aqua Gardening is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website that is not authored by Aqua Gardening in connection with the Purchase Services, whether posted or caused by users of the Website of Aqua Gardening , by third parties in respect of any of the Products or Purchase Services offered by Aqua Gardening.
11.4. You acknowledge that Aqua Gardening does not provide the Delivery Services to you and you agree that Aqua Gardening will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
11.5. If incorrect content or advice has been provided, Aqua Gardening will take reasonable steps to ensure the issue is resolved with you. Aqua Gardening is not responsible or liable for any losses incurred by our recommendations, and will assess in its own sole discretion whether a refund or replacement ought to be issued by contacting us at https://www.aquagardening.com.au/form/contact-support/

12. Termination of Contract

12.1. The Terms will continue to apply until terminated by either you or by Aqua Gardening as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) notifying Aqua Gardening at any time; and closing your accounts for all of the Purchase Services which you use, where Aqua Gardening has made this option available to you.
(b) Your notice should be sent, in writing, to Aqua Gardening via the 'Contact Us' link on our homepage.
12.3. Aqua Gardening may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Aqua Gardening is required to do so by law;
(c) the partner with whom Aqua Gardening offered the Purchase Services to you has terminated its relationship with Aqua Gardening or ceased to offer the Purchase Services to you;
(d) Aqua Gardening is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by Aqua Gardening is, in the opinion of Aqua Gardening, no longer commercially viable.
12.4. Subject to local applicable laws, Aqua Gardening reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Aqua Gardening's name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Aqua Gardening have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

13.1. You agree to indemnify Aqua Gardening, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or any breach of the Terms.

14. Dispute Resolution

14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought.
14.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 40 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association (Phone: 1300 633 428) or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their costs associated with the mediation;
(d) The mediation will be held in Brisbane, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for applicable laws of evidence.
14.5. Termination of Mediation
If 6 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

The Purchase Services offered by Aqua Gardening is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

16. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

1. We respect your privacy

1.1. Aqua Evolutions Pty Ltd (ABN 69 167 108 367) trading as Aqua Gardening respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. "Personal information" is the information we hold which is identifiable as being about you.

2. Collection of personal information

2.1. We will, from time to time, receive and store the personal information you enter onto our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.

3. How we collect your personal information

3.1. We collect personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4. Use of your personal information

4.1. We may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. We may contact you by a variety of measures including, but not limited to telephone, email, SMS or mail.

5. Disclosure of your personal information

5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Aqua Evolutions Pty Ltd, www.aquagardening.com.au, its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
5.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information

6. Security of your personal information

6.1. We are committed to ensuring that the information you provide to us is secure. To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
6.2. The transmission and exchange of information are carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7. Access to your personal information

7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us at https://www.aquagardening.com.au/form/contact-support/
7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

8. Complaints about privacy

8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaint to either info@aquagardening.com.au or in writing to 4 Billabong Street, Stafford, Queensland, 4053. We take complaints very seriously and will respond promptly after receiving written notice of your complaint.

9. Changes to Privacy Policy

9.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, at our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10. Website

10.1 When you visit our website.
10.2. When you come to our website (www.aquagardening.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

11. Cookies

11.1. We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
11.2. We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.
11.3. We collect information using “cookies” and other tracking technologies for the following reasons:
to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;
to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;
to sell advertising on the Website to meet some of the costs of operating the Website and improve the content on the Website; and
when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.
11.4. Even if you have permitted us to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.
11.5. In addition to our cookies, we may also use various third-parties cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on.
11.6. What are your choices regarding cookies? If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.

12. Third-party sites

12.1. Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of every website that collects personally identifiable information.