This website (activepoolsandspas.com.au) is owned and operated by Active Pools & Spas Pty Ltd (ABN: 79 631 353 805) from servers located in Australia.
Access & Use
Copyright in the Content
The copyright subsisting in all information, text, material, graphics, software, advertisements and other material on the Website (Content) is owned by either Active Pools & Spas Pty Ltd, its suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Website.
Copyright in other Material
Active Pools & Spas Pty Ltd makes no warranties or representations that material on other websites to which the Content is linked does not infringe the intellectual property rights of any person anywhere in the world.
Active Pools & Spas Pty Ltd is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other websites by linking that material.
All trademarks displayed on the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting any licence or right of use of any trademark displayed on the Website without the express written permission of Active Pools & Spas Pty Ltd, the relevant Active Pools & Spas Pty Ltd affiliate or third party owner.
Changes are made periodically to the Content and the Content could include technical inaccuracies or typographical errors.
Content not Legal Advice
The Content is a summary only of the subject matter covered, without an assumption of a duty of care by Active Pools & Spas Pty Ltd or its contributors. The summary is not intended to be nor should it be relied on as a substitute for legal or other professional advice.
Advertising & Third Party Offers
The Website may also contain third party advertisements (including banner ads) which contain embedded hypertext reference links or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hypertext reference links) are not recommendations or endorsements by Active Pools & Spas Pty Ltd or its directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its goods or services. Active Pools & Spas Pty Ltd takes no responsibility for third party advertisements posted on the Website.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by Active Pools & Spas Pty Ltd, and the third party advertiser is solely responsible to you for all aspects of processing and delivery of any goods or services you purchase on the third party website (eg. processing payments, cancellations and returns, and customer service and complaints).
On certain occasions, Active Pools & Spas Pty Ltd will provide you with the opportunity to purchase goods or services from third party suppliers or carriers (on these occasions, Active Pools & Spas Pty Ltd does not offer the goods or services itself). Active Pools & Spas Pty Ltd does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, or fitness for purpose of any such goods or services or that such goods or services comply with all applicable product safety and consumer product information standards. Any purchase of goods or services you may make from any such third party will be a separate contract with that third party supplier for those goods or services. Such purchases may be subject to separate terms and conditions imposed by that third party supplier. It is your responsibility to find out the terms and conditions imposed by that third party supplier on any transactions you may carry out. Active Pools & Spas Pty Ltd is not in any way responsible or liable for any failure in relation to:
- the communication from you to that third party;
- that third party’s failure to deliver the goods or services ordered;
- the condition of the goods or services on delivery;
- the payment of any goods or services tax (or similar tax) payable on the supply by that third party of the goods or services or the importation of the goods and services by you; and
- any loss incurred by you through currency fluctuations when purchasing the goods or services from that third party.
In certain circumstances, Active Pools & Spas Pty Ltd may receive a fee from certain advertisers when a user:
- who has entered the advertiser’s website from the Website undertakes certain transactions on or in relation to that advertiser’s website; or
- purchases certain goods or services by faxing or otherwise placing an order for those goods or services using an order form downloaded from the Website.
Disclaimer of Liability & Warranties
The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by Active Pools & Spas Pty Ltd of goods or services on the Website which cannot be excluded, restricted or modified (Non-excludable Rights). Active Pools & Spas Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all Content is provided without warranties of any kind, either express or implied;
- Active Pools & Spas Pty Ltd makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for a particular purpose of any Content;
- Active Pools & Spas Pty Ltd does not warrant or represent that:
- the Content will not cause any damage;
- the functions contained in any Content, or your access to the Website, will be reliable, uninterrupted or error-free;
- any defects will be corrected; or
- that the Website or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors;
- Active Pools & Spas Pty Ltd does not warrant or make any representation regarding:
- your access to, or the results of your access to, the Website (including any related or linked websites);
- the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites; or
- any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
- you assume the entire cost of any necessary verification of any relevant Content which you wish to have verified; and
- you agree that you use the Website and rely on material contained in the Website at your own risk.
You should make your own inquiries before entering into any transaction on the basis of the Contents. Active Pools & Spas Pty Ltd does not check the accuracy of the Contents and neither Active Pools & Spas Pty Ltd nor any other party providing material displayed on the Website is under any obligation to give notice of any corrections or amendments.
You acknowledge that Active Pools & Spas Pty Ltd is not liable for:
- any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
- the theft, destruction, damage or unauthorised access to your computer system or network.
Under no circumstances (including but not limited to any act or omission on the part of Active Pools & Spas Pty Ltd) will Active Pools & Spas Pty Ltd be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Active Pools & Spas Pty Ltd does not exert control over users of the Website and is not liable either for their opinions or their behaviour including any information or advice and any defamatory statements, or offensive or illegal conduct.
To the fullest extent permitted by law, Active Pools & Spas Pty Ltd’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Active Pools & Spas Pty Ltd to the following:
- in the case of services supplied or offered by Active Pools & Spas Pty Ltd
- the supply of the services again; or
- the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by Active Pools & Spas Pty Ltd
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
Complicance with laws outside Australia
Active Pools & Spas Pty Ltd makes no representation that the Content or the Website complies with laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
This agreement will be governed by and construed according to the laws of New South Wales, Australia without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts and tribunals of New South Wales.
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.