AUSSIE POOL COVERS TERMS AND CONDITIONS
By using this website and engaging our Services, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Aussie Pool Covers Pty Ltd ACN 161 708 934 (“APC”) and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
“Quotation” means any quote, proposal which sets out the estimated cost for our products and Services
“Services” means our custom manufactured pool covers cut and made according to your specifications.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website or re-engaging our Services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website or Services then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and APC’s rights and obligations to each other.
LIMITATION OF LIABILITY
ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you, the customer, with rights, warranties, guarantees and remedies relating to the provision of Services by APC which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, all material and work is provided to you, is without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Services: If you are a consumer as defined in the ACL, the following applies: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you which you suffer or incur from our Services is limited to APC re-supplying the Services to you, or, at our option, refunding to you, the amount you have paid for the Services to which your claim relates.
Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in any estimated period, which is affected by your delay in response, incomplete or incorrect information.
Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and these Terms, except those set out in these Terms, including but not limited to:
(a) implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;
(b) Our Services being unavailable; and
(c) Loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or otherwise, suffered by you or claims made against you, arising out of or in connection with your reliance on the Services, and/or the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
In particular, it is an essential pre-condition to you engaging our Services that you agree and accept that APC is not legally responsible for any loss, damage, death or injury you or any related party might suffer related to our products or Services.
This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, Services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability to the fullest extent permitted by law.
This clause survives the expiry or termination of these Terms and any agreement.
DELIVERY OF PRODUCTS
Physical products may be delivered by APC or by nominated courier companies. All dates for shipment and delivery of products or Services are approximate. We will confirm manufacture and shipment once we receive your order and payment.
Deliveries are processed promptly upon receipt of full payment. Delivery may take up to 14 business days, depending on the delivery option and you will be provided with tracking on all orders. Damaged or lost orders should be resolved with the courier company directly and we are not responsible for products that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of APC.
Acceptance constitutes acknowledgement that the supply and Services conform with applicable quality and size requirements in accordance with your specifications. Acceptance may take place before delivery, at the time of delivery or after delivery depending on the Terms of your order. Please ensure you perform a full inspection at the time of receipt of our products and advise us immediately of any questions, concerns or issues you may have so that we can assist you to resolve them. A delay in advising us may affect or void any Warranty terms.
RETURNS AND REFUNDS
As all our orders are custom made to your specifications provided, we do not offer refunds for change of mind. We, however, at all times abide by Consumer law with respect to all refunds. You must at all times abide by the care and warranty terms to ensure your product is well maintained or any warranty is invalidated and void. All refunds are made at the discretion of APC.
CUSTOM MADE PRODUCTS
APC will not refund or replace custom made products that have been incorrectly measured, or if you have simply changed your mind. Please ensure that you follow the instructions for measuring your pool at http://www.aussiepoolcovers.com.au/how-to-measure-your-pool/ as we are reliant on your accurate measurements and cannot make alterations once we receive and commence your order.
Our products are cut with extra materials and slightly larger than required to ensure you or the installer can cut the pool cover to match your exact pool size. If you are installing our pool cover yourself, you need to ensure you follow the instructions carefully. Please be aware: if you decide to install your pool cover yourself, we are at no time responsible for any errors, miscut, or other issues you may make as a result of your ‘Do It Yourself’ installation.
LINKS TO OTHER WEBSITES
APC may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between APC and the owners of those websites. APC takes no responsibility for any of the content found on the linked websites.
APC’s website may contain information or advertisements provided by third parties. APC accepts no responsibility whatsoever for any information or advice provided to you by third parties.
APC gives no warranty that our website or its server is free of viruses or any other harmful components.
Whilst we at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. APC’s secure server software encrypts all customer information before it is sent to us. Furthermore, all the customer data APC collects are secured against unauthorized use or access. Credit card information is not stored by us on our servers.
APC does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and its services but not for any other use.
APC may be required, in certain circumstances, to disclose information in good faith and where APC is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, products or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of APC. APC expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then APC will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. APC reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
APC expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and APC concerning your use and access to APC’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Western Australia. If there is a dispute between you and APC that results in litigation then you must submit to the jurisdiction of the courts of Western Australia.