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Terms of Use & Service
 
Terms of Use & Service
Terms of Use & Service

TERMS OF USE & SERVICE

TERMS OF USE
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE ("Our Site"). Should you use Our Site, you agree to these terms of use. If you do not agree to these terms, you may not use this site.

Pool Express (ABN 12 821 046 416) reserves the right, from time to time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.

COPYRIGHT
All site design, text, graphics, interfaces, and the selection and arrangements thereof are copyright © 2005, Pool Express. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Pool Express. Any other use of materials on this site, including for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Pool Express is strictly prohibited.

DISCLAIMER
THE INFORMATION, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED BY POOL EXPRESS PTY LTD (ABN 53115296645) ON BEHALF OF POOL EXPRESS (ABN 12 821 046 416).

SUCH INFORMATION IS PROVIDED ON AN ''AS IS'' BASIS WITH NO WARRANTY, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Pool Express will often obtain images and product information from third party vendors and/or manufacturers. We cannot guarantee information displayed on the Our Site to be 100% accurate.

WARRANTIES
Statutory warranty requirements notwithstanding, all warranties referred to by Pool Express refer to Manufacturer Warranties. These warranties are subject to the terms and conditions of the Manufacturer's warranty document. The warranty document can normally be found at within the product manuals that are readily available for download. Furthermore, these warranties conditions will be provided with delivery of all boxed items. Should you receive an item without warranty documentation, please contact Pool Express or the manufacturer at your first opportunity.

USER SECURITY
Access to the Pool Express services is achieved through the use of a LOGIN ID number and a password, which you will create. Please keep your password strictly confidential to prevent unauthorized use. You agree to notify Pool Express promptly of any unauthorised use of your password and you will remain liable for any use of the Pool Express online service until Pool Express is notified unauthorized use of your password.

ORDER ACCEPTANCE
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Pool Express reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. For security purposes, verification of information may be required prior to the acceptance of any order. Please note, where products prices include free delivery, such terms only apply for delivery to Australian locations.

PAYMENT POLICIES
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your LOGIN ID number and password. If you fail to pay any invoices or charges on account, when due, Pool Express may charge such amount directly to the credit card identified in your Customer profile and Pool Express may suspend or terminate your access to the Pool Express online service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Pool Express may incur in its efforts to collect any unpaid balances from you. Your right to use the Pool Express online service is subject to limits established by Pool Express. If payment cannot be charged to your credit card or a payment is returned to for any reason, including chargeback, Pool Express reserves the right to suspend or terminate your access to the Pool Express online service and your customer account.

Pool Express also reserves the right to establish a credit limit for your account.

PRODUCT IMAGES AND SPECIFICATION
Please be aware that manufacturers from time to time may change the cosmetic appearance of particular equipment and parts. Hence, the current version of such item may vary from images and representations on this website. Regardless of such variations, you will receive the manufactures latest and current versions of these items. The specifications and the utility of use of such delivered items will be at least equivalent and often superior to the versions shown in the images on our site.

ACCOUNT INFORMATION
Pool Express secure server encrypts your credit card and other information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure server. Pool Express reasonable efforts to ensure that your credit card information remains confidential, and is available to personnel who have a need to know such information in connection with providing you the Pool Express online service.

In servicing your account, we may also collect addresses, contact names, corporate names, division names, telephone numbers and fax numbers, as well as e-mail addresses. This data may be used by Pool Express for the purpose of improving customer service and/or offering or furnishing products and services of Pool Express. It is our policy that we would not provide collected data to third-parties outside of Pool Express unless it is necessary to do so in order to enable us to provide an appropriate level of service to users of our site.

DELIVERY AND CHARGES
Our general policy is to provide free delivery on all items sold for all of Australia. We do however reserve the right to not complete an order if delivery costs to a particular location are well outside our anticipated allowances.
In such circumstance, we will contact a client and provide a quote for an additional delivery charge. The client may at that point either accept that additional charge or request a full and immediat refund.

SUSPENSION OF SERVICE
Pool Express may suspend or terminate service at any time for any reason with or without notice to you. Pool Express reserves the right to collect any outstanding fees and charges incurred before you cancel your Pool Express online service.

MANUFACTURER WARRANTIES
Pool Express selects products for sale that are protected by generous manufacturer warranties. Keep in mind however, these are not unlimited warranties. Warranties may be limited in terms of types of damage covered, components excluded from the warranty or damage up to a certain value. Details of such limitations are generally available for viewing at the back of the product user manuals (that can be downloaded from our website).

LIMITATION ON LIABILITY
POOL EXPRESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF POOL EXPRESS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM THE POOL EXPRESS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND/OR CLAIMS OF THIRD PARTIES.


REFUNDS
We offer clients a select group of market leading products at highly discounted prices. Fair Trading obligations notwithstanding, we do not have a policy of refund (either for original purchase price or for store credit). Hence we advise clients to choose their purchases with care, as we cannot provide refunds in cases where clients simply change thier minds.

INTERNET PROTOCOL (IP) ADDRESS
An IP address is a number that is automatically assigned to your computer every time you browse the Internet. When users request a page from our site, our servers log the user's current IP address. We use IP addresses to help diagnose problems. We do not link IP addresses to any personal information about you. However, as users navigate the Pool Express Web site, their movements around the site may be monitored and analysed in order to enable us to provide a Web site with improved functionality, usability and efficiency. These movements around the Pool Express Web site may also be monitored and analysed to enable us to provide users with Pool Express-specific customized information which we believe may be of interest as a result of their relationship with Pool Express.

COOKIES
''Cookies'' are strings of text that a Web site transmits to a user's computer. Cookies enable a Web site to keep track of a user's preferences and activities relating to that Web site. Pool Express creates a cookie for each visit in order to facilitate your visit. When you create a customer profile a permanent cookie is used to remember the information in your profile. This cookie does not expire unless you deactivate your personal profile.

Pool Express uses cookies to authenticate your login, facilitate site navigation and track use of the site on an aggregate basis to improve services.

DELIVERY OF SERVICES
Pool Express currently provides service referenced in the "My Account / Tracking" sections of this web site. Pool Express reserves the right to refuse delivery outside of our delivery area. Pool Express is not liable for delays or prevention of delivery due to unforeseen circumstances, or acts of God. This may include weather conditions, traffic conditions, and / or mechanical difficulties.




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