Terms and Conditions
Pump & Pool People and pumpandpoolpeople.com.au (the "Site") is an online service owned and operated by Megav Distributors Pty Ltd trading as Pump & Pool People ("pumpandpoolpeople.com.au " or "we" or "us") (ABN 25 092 786 279).
User agrees to be bound by Terms of Use
These Terms of Use have been created to protect you and to ensure the pumpandpoolpeople.com.au Site is safe, beneficial and enjoyable for everybody. Please read these Terms of Use carefully before using the Site. By using the Site you agree to be bound by these Terms of Use and the pumpandpoolpeople.com.au Privacy Policy, as well as all applicable laws and regulations, which represent an entire understanding between you and pumpandpoolpeople.com.au regarding use of this Site and any of the services/products (the "Services") made available by pumpandpoolpeople.com.au on the Site. If you do not agree with these terms, pumpandpoolpeople.com.au does not grant you the right to use the Site and you must not use this Site.
Variation of Terms of Use
pumpandpoolpeople.com.au reserves the right, at any time, to vary any part of these Terms of Use. Any variations become effective on posting. We also reserve the right to vary any material or information contained in, or any aspect of, the Site at any time and without notice or liability. Continuing to use the Site signifies your acceptance of any changed terms and you agree to be bound by such variations. Please check these Terms of Use regularly.
Governing Law
These Terms of Use are governed by the laws of New South Wales, Australia. Any claim or dispute that may arise between you and pumpandpoolpeople.com.au will be irrevocably submitted to the jurisdiction of the Supreme Court of New South Wales, Australia.
Validity
If any portion of this agreement is held to be unenforceable, this part will be given effect to the greatest extent possible, and will not affect the enforceability of the remainder of these Terms of Use which will continue in full force and effect.
Termination
pumpandpoolpeople.com.au may, at its sole discretion, immediately and without notice suspend or terminate your access to all or part of the Site and its Services for breach of these Terms of Use or for any conduct determined to be inappropriate. You agree that pumpandpoolpeople.com.au is not liable to you or any third party for any termination of your access to the Site.
Approval to link to the Site
Any person or organisation interested in linking to the pumpandpoolpeople.com.au Website for the purpose of listing our Site in a search engine or other service directing users to our Site is encouraged to do so. With respect to any person or entity seeking to link to this Site either directly or from within a frameset, you must have our advanced written approval. Please contact info@pumpandpoolpeople.com.au to authorise such linking.
Acknowledgements and Warranties by You
Acknowledgements by you
The Services on this Site may be used for your own personal, non-commercial reference only, in accordance with these Terms of Use. You acknowledge that:
(a) prices are in Australian Dollars and include GST unless otherwise stated. We reserve our right to change prices without notice.
(b) payment for products ordered through the Site is due before dispatch of your order. You agree to pay for all services using a valid credit card. Your card will be debited upon confirmation of your order. Please note that pumpandpoolpeople.com.au takes every precaution to protect your information both online and offline using SSL encryption software. All products are offered by pumpandpoolpeople.com.au subject to availability from supplier. Orders are not finalised until you have received a confirmation email from pumpandpoolpeople.com.au.
(c) Refund and Cancellation:
- All products sold by Pump & Pool People can be returned within 14 days. A full refund will be given on the product cost after item has been returned, however all freight charges (including return freight) will be the responsibility of the consumer.
- Items that have clearly been damaged in freight will be authorized for replacement.
- Refunds/returns within the period of 14 days to 12 months after purchase will be at the discretion of the Managing Director.
- No refunds will be given on items over 12 months from date of purchase.
Warranties by you
You warrant to pumpandpoolpeople.com.au that you will not:
(a) use or attempt to use this Site for a purpose that is unlawful, defamatory or prohibited by these Terms of Use
(b) impersonate any person or entity (including pumpandpoolpeople.com.au and its staff), whether actual or fictitious, or enter a fictitious name on any form on this Site.
(c) modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any content, information, products or services obtained from the pumpandpoolpeople.com.au Site and/or its Services except as permitted by these Terms of Use or under applicable laws.
(d) reproduce on your own website, any page/s of this Site without prior written consent by us.
(e) use any device or process to copy or extract content from this Site, unless it is for the purpose of listing pumpandpoolpeople.com.au in a search engine. If it is to guide users directly to this Site, you must have our prior written permission.
(f) interfere or attempt to interfere with pumpandpoolpeople.com.au's provision of the Site and its Services or engage or attempt to engage in any conduct that interferes with any other person using the Site and its Services.
Disclaimer and Liability
Disclaimer
pumpandpoolpeople.com.au makes no warranty regarding the accuracy, currency, reliability, correctness and completeness of the information on this Site or its Services. pumpandpoolpeople.com.au is not responsible for any errors or omissions, or for the results obtained from the use of such information. pumpandpoolpeople.com.au does not warrant that it is free from computer viruses or other defects. It is your sole responsibility to verify the accuracy, currency, completeness and relevance for your purpose of this Site and its Services.
You expressly agree that the Site and its Services are provided on an "as is" and "as available" basis. pumpandpoolpeople.com.au disclaims all warranties of any kind, express or implied, including without limitation:
(a) any warranty of merchantability, suitability for a particular purpose or non-infringement
(b) as to the character of any third party provider of services and whether you should do business with such third party provider
(c) as to the accuracy of listings made on the Site by any third party
(d) any advice or information whether oral or written, obtained by you from us or the Site not expressly stated in the Terms of Use.
Limitation of Liability
pumpandpoolpeople.com.au and its employees and agents shall not be liable to you for any direct, indirect, incidental, special or consequential damages or losses resulting from:
(a) the use or inability to use the Site
(b) cost of procurement of substitute supplies/services
(c) any supplies/services purchased or obtained, messages received or transactions entered into through the Site, or
(d) unauthorised access to or alteration of your transmissions or data, including but not limited, damages for loss of profits, use, data or other intangible, even if pumpandpoolpeople.com.au has been advised of the possibility of such damages.
Indemnity by you
You agree to indemnify pumpandpoolpeople.com.au, its representatives and operators against any claim or demand made by any third party due to or arising out of your use of the product, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
Arbitration
Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in accordance with a commercial disputes centre. You agree to be bound by the ruling arbitrator.
Copyright
This Site is protected by Australian and international copyrights. The information contained within this Site (including graphics, logos, design, typography, and programming scripts, whether as a compilation or otherwise) are the exclusive property of pumpandpoolpeople.com.au and/or the Organiser. You may view, download, copy and print any information reasonably incidental to your use of the Site and its services for your personal non-commercial use only and without any alteration. All other information, in part or in whole, may not otherwise be used, printed, copied, reproduced, displayed, transmitted, published, or modified in any way without the prior written approval of pumpandpoolpeople.com.au.