Terms of Use
Terms of Use
1. Your use of the Poolz website (‘our website‘), operated by Poolz Pty Ltd (ACN: 667 970 041) (‘we‘, ‘our‘, or ‘us‘), is subject to these terms of use and our privacy policy
2. By using our website, you agree to be bound by these terms of use and our privacy policy. If you do not agree to be bound by these terms of use and our privacy policy you must refrain from using our website.
3. We may, from time to time, amend these terms of use or our privacy policy at our sole discretion by posting an updated version of the terms of use or our privacy policy on our website. By continuing to use our website, you agree to be bound by the terms of use and our privacy policy as amended. If you do not agree to be bound by the terms of use and our privacy policy as amended, you must refrain from further using our website.
Restrictions on Use
4. You may submit our 'Get Quotes' form only for the purpose of obtaining quotes from one or more of the suppliers in our system.
5. You may not use this website or submit our 'Get Quotes' form in connection with a business or enterprise that is competitive with us.
6. You may not use this website or submit our 'Get Quotes' form for an improper purpose. Without limiting the generality of this clause, you may not use our website to—
6.1 compile a list of one or more of the suppliers in our system (whether by submitting our 'Get Quotes' form or otherwise) except in connection with obtaining a quote as permitted by clause 4; or
6.2 send automated requests for quotes to one or more of the suppliers in our system; or
6.3 send spam to one or more of the suppliers in our system; or
6.4 copy, adapt, or make use of the information on our website in a business or enterprise.
7. You may not sell or republish any of the information on our website.
8. You may not use our website in any way that causes us any loss or damage.
General Disclaimer
9. Use of this website. We will render this website with due care and skill but we do not guarantee that the website will be rendered without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any nature resulting from your access to, and use of, the website;
(d) any unauthorised access to or use of our servers and/or personal information stored on those servers;
(e) any interruption or cessation of transmission to or from our website;
(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
(g) any product or service from any linked sites not being of acceptable quality, fit for any disclosed purpose or failing to match any description, sample or demonstration model shown; or being unfit for any disclosed purpose. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
10. Use of our services. The Australian Consumer Law implies into all consumer contracts certain statutory guarantees that cannot be excluded, restricted or modified. To the maximum extent permitted by law, any guarantee, condition or warranty that would otherwise be implied into these terms of use is hereby excluded. Where a law prohibits us from excluding any guarantee, condition or warranty, our liability in relation to a breach of that guarantee, condition or warranty is limited to one or more of the following—
10.1 If there is a major problem with goods or services, you may elect to:
(a) reject the goods and receive a refund;
(b) reject the goods and receive an identical replacement, or a replacement of similar value, if reasonably available;
(c) keep the goods and claim money for the decrease in value of the goods because of the problem;
(d) cancel the service contract and receive a refund; or
(e) continue with the service contract and claim money for the difference in the service provided and what was paid for.
10.2 If the problem is minor, we may at our discretion:
(a) offer a refund;
(b) replace the goods;
(c) fix the title to the goods, if required;
(d) repair the goods; or
(e) fix the service free of charge within a reasonable time.
10.3 A major problem is when:
(a) a reasonable consumer would not have bought the goods, or acquired the services, if they had known about the problem;
(b) the goods differ from the description, sample or demonstration mode;
(c) the goods or services are substantially unfit for their normal purpose and cannot easily be made fit, or the goods are unfit for the purpose required;
(d) the goods are unfit for the purpose the consumer told the supplier about, and cannot easily be made fit;
(e) the services do not achieve the specific result or purpose requested; or
(f) the goods are unsafe or the services have created an unsafe situation.
10.4 A minor problem with goods or services is a problem that is not a major problem.
Suppliers
11. We stand by our network of pool professionals and the quality of their work. Having said that, in circumstances where we are relying on information provided by you in our 'Get Quotes' form, and where we cannot confirm that that information is complete or correct, we cannot warrant that goods, services, or information provided by any supplier will be suitable for you. You acknowledge that it is your sole responsibility to ensure that the goods, services, or information provided by any supplier is suitable for your particular needs..
12. Without limiting the generality of clauses 9 and 10, we take no responsibility for, and make no representations about, the quality or suitability of the goods, services, or information provided to you by any of the suppliers to you after you submit your details by our 'Get Quotes' form. To the maximum extent permitted by law, we do not accept any responsibility whatsoever for any injury, loss, or damage that you may suffer, directly or indirectly, as a result of using the goods, services, or information provided by such suppliers irrespective of how that injury, loss, or damage is caused (including where it is caused by negligence).
Linked Websites
13. Our website may contain links to other websites. Such links are provided for convenience only. A link from our website to another website is not an endorsement, approval, or recommendation of the goods, services, or information provided by any such website.
14. Without limiting the generality of clauses 9 and 10, we take no responsibility for, and make no representations about, the quality of the goods, services, or information provided to you by any website that we link to. To the maximum extent permitted by law, we do not accept any responsibility whatsoever for any injury, loss, or damage that you may suffer, directly or indirectly, as a result of using the goods, services, or information provided by such websites irrespective of how that injury, loss, or damage is caused (including where it is caused by negligence).
Security of Information
15. We take all steps reasonably practicable to secure the information that you provide to us using our website. However, we take no responsibility whatsoever for the security of your information as it is passing over the Internet.
Termination of Access
16. We may, at any time and at our sole discretion, terminate your access to our website without any notice to you.
Privacy Policy
17. We undertake to comply with the terms of Our Privacy Policy, which is available at www.poolz.com.au/privacy-policy
Governing Law
18. These terms and conditions are governed by the law of Queensland.
Supplier Reviews
19. The views, opinions, positions or strategies expressed by the reviewers as well as any other comments on poolz.com.au are theirs alone, and do not necessarily reflect the views, opinions, positions or strategies of Poolz or any employee thereof. Poolz makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.
Poolz reserves the right to delete, edit, or alter in any manner it sees fit reviews or comments that it, in its sole discretion, deems to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, or is otherwise unacceptable.
If you have any question regarding anything contained in any review posted on poolz.com.au, please copy the URL of the page of the relevant review. You can then alert us to the specific review in question along with your question/comment/concern.
Indemnity
20. You will at all times indemnify, and keep indemnified, Poolz Pty Ltd (including our directors, officers, employees and agents) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred arising from any claim, demand or legal action by any person against us where such loss or liability arose out of, in connection with or in respect of any breach of these terms and conditions by you; and/or publication of content supplied by you.