Terms & Conditions
Definitions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, Pool Pro
"Pool Pro" means The POPS Group Pty Ltd ATF The Pool Shops Trust, trading as Pool Pro.
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "https://shop.poolpro.com.au/"
General
(a) Whilst every care has been taken in compiling this website, The POPS Group Pty Ltd ATF The Pool Shops Trust, trading as Pool Pro and their authorised contractors make no representations about the accuracy or suitability of the information, images or links provided on this website.
(b) Every reasonable care has been taken to ensure that information provided is accurate and up-to-date, The POPS Group Pty Ltd ATF The Pool Shops Trust cannot be held liable for any errors, omissions or inaccuracies, however caused.
(c) You should make your own assessment and evaluation as to the suitability of the information prior to purchase.
(d) The POPS Group Pty Ltd ATF The Pool Shops Trust reserves the right to modify or withdraw the service in whole or in part, at any time without notice.
(e) Any typing or clerical error in regards to any price and/or offer of any product on the shop.poolpro.com.au website or acceptance of any order shall be subject to correction.
(f) By using this website you agree that any product advertised may be revised, re-priced, amended, withdrawn or discontinued at any time at the discretion of The POPS Group Pty Ltd ATF The Pool Shops Trust.
(g) Our website pages are an invitation for you to make us an offer to buy the items described; our delivery constitutes our acceptance of your offer.
(h) The Seller (The POPS Group Pty Ltd ATF The Pool Shops Trust) and Client agree that ownership of the Goods shall not pass until:
(i) The Client has paid the Seller (The POPS Group Pty Ltd ATF The Pool Shops Trust) all amounts owing for the particular Goods; and
(ii) The Client has met all other obligations due by the Client to the Seller in respect of all contracts between the Seller (The POPS Group Pty Ltd ATF The Pool Shops Trust) and the Client.
(iii) The Seller (The POPS Group Pty Ltd ATF The Pool Shops Trust) can issue proceedings to recover the Price of the Goods sold if payment is not made in full. Any collection costs associated with such proceedings are the responsibility of the Client.
Use of Website
(a) You must not misuse this website and only use it for lawful purposes. You will not use the website for any activities, or post or transmit to or via the website any information or materials, which includes but is not limited to:
(i) Breaches any laws or regulations, infringes a third party's rights or privacy, or which are contrary to any applicable standard or codes;
(ii) Interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the website;
(iii) Is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
(iv) Commits or encourages a criminal offence, transmit or distribute a virus, trojan, worm or post any other material which is malicious and technologically harmful;
(v) That hacks or disables any part of the website to corrupt data, cause annoyance to other users, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this website.
(b) You must not release product or user information or pricing from the website, to third parties or competitors.
(c) Pool Pro will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property
(a) All material on this website and that subsisting under it (including but not limited to text, images, data and software) is our property, or that of our suppliers, and is protected by intellectual property laws.
(b)You may not use our trademarks in connection with any product or service that is not ours, in any manner that is likely to cause confusion, or in any way that disparages or discredits us.
(c) All other trademarks not owned by The POPS Group Pty Ltd ATF The Pool Shops Trust trading as Pool Pro, or its related companies that appear on this site are the property of their respective owners.
(d) You may not frame or utilise framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
(e) You may not in any way commercially exploit any material obtained from shop.poolpro.com.au.
Warranties and Limitations of Liability
(a) This website is provided "as is", without express or implied warranty. You use the information, images and links at your own risk. Neither The POPS Group Pty Ltd ATF The Pool Shops Trust trading as Pool Pro, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages arising out of, or in relation to, the use of this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffered, as well as damages for loss of profits, business interruption or the loss of data or information.
(b) You assume all risk of use of all features of this website. You release The POPS Group Pty Ltd ATF The Pool Shops Trust trading as Pool Pro of all responsibility for any consequences of their use.
(c) By continuing to access this website you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk.
Specials, Promotions, Promotion Codes and Discounts
(a) All specials, promotions, promotion codes and discounts available on the website are exclusive only to the website and cannot be applied to past orders or orders that are not submitted through the website.
(b) Only one promotion code can be applied to per order. Promotion codes cannot be transferred to another Buyer/Account.
(c) All specials, promotions, promotion codes and discounts available on the website that are expired cannot be retrospectively applied to online orders, or applied to online orders placed outside of the time and date range of the promotion.
(d) All specials, promotions, promotion codes and discounts available on the website are subject to change at the sole discretion of Pool Pro without notice.
(e) If you add a product to your shopping cart that is linked to a special, promotion or discount, or if you apply a promotion code to your shopping cart, but place the order outside of the time and date range of that promotion, the promotion will not be applicable.
Updates and Termination
(a) Pool Pro may vary these Terms at any time. By continuing to use this website you consent to any variations. It is your responsibility to regularly check these Terms for any variations.
(b) At any time, Pool Pro may, in its sole discretion, suspend or terminate the access to the website for any user without notice for any reason, including but not limited a breach of these Terms. Suspension or termination shall not affect either party's rights or liabilities.
(c) Pool Pro may disclose any information it may have about a user in relation to an investigation or allegation that your use of the website breaches these Terms, or any applicable law.
(d) Pool Pro may identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief.