Terms And Conditions - WaveBreak Pool Cleaning Service & Spa Care

WaveBreak Pool Cleaning Service – WEBSITE TERMS OF USE
Welcome to our website. This website is owned and operated by WaveBreak Pool Cleaning Service, its successors and assignees (we, our or us). It is available at https://p o o l c l e a n i n g s e r v i c e .a u (Site) and may be available through other addresses or channels.
These Terms of Use (Terms) govern you, the person, organisation or entity that accesses and/or uses our Site (referred to as you or your) and form a contract between you and us if you access our Site. Please read these Terms carefully. If you have any questions, please contact us using the contact details below. Your use of the Site indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms. You should immediately cease accessing and using this Site if you do not accept these Terms.

Information: The Information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you agree and will comply with the new Terms.
Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract and that you have read and understood these Terms, before using the Site.
Licence to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not:
(a) Use the Site for any activities, or post or transmit any material from the Site:
 unless you hold all necessary rights, licences and consents to do so;
 that infringes the intellectual property or other rights of any person;
 that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
 that defames, harasses, threatens, menaces, offends or restricts any person;
 that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
 that would bring us, or the Site, into disrepute;
(b) Interfere with or inhibit any user from using the Site;
(c) Use the Site to send unsolicited email messages;
(d) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
(e) Facilitate or assist a third party to do any of the above acts.
Copyright and intellectual property rights: Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, products, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.
You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:
(a) altering or modifying any of the code or the material on the Site;
(b) causing any of the material on the Site to be framed or embedded in another website;
(c) creating derivative works from the content of the Site; or
(d) using the Site for commercial purposes.
Privacy: We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to accept our Privacy Policy.
Your content: If you choose to add any content on the Site, you:
(a) warrant to us that you have all necessary rights to post the content;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
(c) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
Third-party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
Third party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and disruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
Limitation of liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.
To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
Disclaimer: The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
(a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
(b) Third Party Information; or
(c) Third Party Sites.
You read, use, and act on Information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
(a) your use of or access to the Site;
(b) any breach by you of these Terms; or
(c) any wilful, unlawful or negligent act or omission by you.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
Exclusion of competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.
Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of Qld and the Commonwealth of Australia. These Terms are governed by the laws of Qld and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in NSW. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

Terms Of Service

Payment Terms

The client is to make full payment for all Goods or services supplied upon delivery of the Goods or completion of the services.
Alternative payment terms may only be by written agreement between WaveBreak Pool Cleaning Service and the client.
When Goods or services are provided on credit, payment must be made within the time agreed between WaveBreak Pool Cleaning Service and the client. Where payment is overdue, the balance outstanding may be charged interest at 18% per annum.
If the client pays using an American Express or Diners Club card, a service charge of 4.5% will be applicable on the payment.
Suppose WaveBreak Pool Cleaning Service needs to engage the services of a mercantile agent, debt collector or solicitor for the collection of outstanding sums. In that case, the client will be liable for debt collection costs.

Warranty for Products

All implied conditions and warranties concerning the goods to be supplied by WaveBreak Pool Cleaning Service are excluded to the maximum extent permitted by the law, to the extent that so far as legally possible, these Conditions will comprise the entirety of both WaveBreak Pool Cleaning Service and the clients’ rights and obligations.
Subject to any non-excludable rights granted to the client by law, if the client wishes to claim in respect of a warranty or any other claim in respect of the goods, the client must give written notice of the claim to WaveBreak Pool Cleaning Service within two weeks of delivery of the goods. Time being of the essence. WaveBreak Pool Cleaning Service is not liable for any claim if the client does not comply with this time limit.
WaveBreak Pool Cleaning Service assigns all of its interest or benefits in any manufacturer’s warranty regarding the goods to the client upon receiving the full payment for the product.

Limitation of liability

To the maximum extent permitted by law, WaveBreak Pool Cleaning Service excludes, for itself and any supplier, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by the client directly or indirectly (including without limitation lost costs and profits) arising from:

The client’s use or improper use of any goods supplied.
The negligence of WaveBreak Pool Cleaning Service, its servants or agents, and any supplier of goods in the client’s supply of goods and services.

WaveBreak Pool Cleaning Service liability arising out of the delivery of any defective goods or goods which do not comply with any warranty implied by law or any other claim is limited to any one or more of the following (at WaveBreak Pool Cleaning Service option):

Replace the goods or the supply of equivalent goods;
Payment instead of replacing the goods or acquiring equivalent goods;
repair of the Goods; or
Payment in place of having the Goods repaired.

In any event, WaveBreak Pool Cleaning Service will not be liable for any claim for loss of profits or consequential damages.
The liability of WaveBreak Pool Cleaning Service to the client for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that the client caused or contributed to that loss or damage.

Purchase of chlorinator – Possible rusting of the pool structure

WaveBreak Pool Cleaning Service expressly discloses, and the client confirms receiving prior notice from WaveBreak Pool Cleaning Service that, in some cases, chlorinators have caused rusting of the pool structure. The client acknowledges that rusting occurs for reasons entirely beyond the control of Poolwerx.
The client makes the purchase of the chlorinator on the express understanding that WaveBreak Pool Cleaning Service is not be held accountable for any rusting of the pool structure which subsequently may occur. The client releases WaveBreak Pool Cleaning Service from any loss, damage, or claim arising from rusting of the client’s pool. That is a consequence of the chlorinator purchased.

Risk and Ownership of Goods

All risk in Goods supplied passes to the client when the goods are delivered to the client.
Ownership of all goods delivered to the client remains with WaveBreak Pool Cleaning Service until payment is received for the goods. The client holds all goods delivered to the client as fiduciary bailee.

Repossession of Goods where full payment has not been received

Suppose the client fails to pay for the Goods on the due date. In that case, the client irrevocably authorises WaveBreak Pool Cleaning Service to enter the client’s premises (or any other premises under the client’s control if the Goods are stored at such premises) and use reasonable force to retake possession of the Goods without liability for trespass or any resulting damage.
The client agrees to indemnify WaveBreak Pool Cleaning Service and keep WaveBreak Pool Cleaning Service harmless for all claims by causes of action which may arise by WaveBreak Pool Cleaning Service retaking possession. The client agrees to pay WaveBreak Pool Cleaning Service costs of retaking possession. WaveBreak Pool Cleaning Service will be entitled but not obligated to resell any Goods repossessed pursuant to the provisions of this clause.

Re-performance of service

Suppose the client is not satisfied with the service performed by WaveBreak Pool Cleaning Service and notifies WaveBreak Pool Cleaning Service within 48 hours of the service being completed. In that case, WaveBreak Pool Cleaning Service will repeat the service at no additional cost to the client.

Personal Property Securities Act 2009 (PPSA)

The client acknowledges that these conditions constitute a security agreement for the purposes of Section 10 of the PPSA, which creates a security interest in favour of WaveBreak Pool Cleaning Service in all the Goods previously supplied (if any) and all Goods provided after that by WaveBreak Pool Cleaning Service to the client to secure the payment from time to time and of all money owing by the client to WaveBreak Pool Cleaning Service.
The client acknowledges and agrees:
That by agreeing to these conditions, the client agrees to grant a security interest (by the retention of the title clause) to WaveBreak Pool Cleaning Service in respect of all Goods previously supplied (if any) and all Goods provided after that by WaveBreak Pool Cleaning Service to the client and these conditions will apply notwithstanding anything express or implied to the contrary contained in any other agreement or document.
The client agrees that the security interest granted to WaveBreak Pool Cleaning Service is a “purchase money security interest”, as defined in the PPSA.
The client undertakes to: sign any further documents and/or provide any additional information (which information the client warrants to be complete, accurate and up-to-date in all respects) that WaveBreak Pool Cleaning Service may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register (PPSR);
not register a financing change statement as defined in Section 10 of the PPSA or make a demand to alter the financing statement according to section 178 of the PPSA in respect of the Goods without WaveBreak Pool Cleaning Service prior written consent;

give Poolwerx not less than 14 days prior written notice of any proposed change in the client’s name or any other changes in the details (including but not limited to email address, trading name, or business practice);
pay all costs enforcing or attempting to enforce the security interest created by these conditions, including executing subordination agreements; and
Do all things necessary to assist Poolwerx in perfecting its security interest.

Under Section 157 of the PPSA, unless otherwise agreed in writing by WaveBreak Pool Cleaning Service, the client waives the right to receive a verification statement regarding any financing statement or financing change statement relating to the security interest.
To the maximum extent permitted by law, the client waives the client’s rights under sections 95, 96, 125, 121(4), 130 (1)(a), 132(1), 132(3)(d), 132(4), 134(2)(a), 135, 140(2)(f), 142 and 143 of the PPSA.
In section 125 of the PPSA, the client agrees that a “reasonable period” will not mean less than 12 months, regardless of the circumstances.
All terms used in clauses 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, unless otherwise provided, have the same meaning as given to those terms in the PPSA.

For questions and notices, please contact us at:
WaveBreak Pool Cleaning Service:

Last update: May 2022
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