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Terms & Conditions

A legal disclaimer

1. About these Terms

Welcome to iPOOLGO Australia.

In these Terms and Conditions:

  • “iPOOLGO Australia”, “we”, “us” and “our” refer to [insert legal business name and ABN].

  • “Website” refers to www.ipoolgo.com.au and any related online store operated by us.

  • “Products” means the pools, pumps, filters, ladders, accessories and other goods sold through our Website.

  • “you” and “your” refer to the person accessing the Website or purchasing Products from us.

These Terms apply when you browse our Website, create an account, place an order or purchase a Product from us.

By using our Website or placing an order, you agree to these Terms, together with our:

  • Privacy Policy

  • Shipping Policy

  • Returns and Refund Policy

  • Warranty Policy

  • Product safety instructions

Nothing in these Terms excludes, restricts or modifies any consumer right or guarantee that cannot lawfully be excluded under the Australian Consumer Law.

2. Eligibility and Website Use

You must be at least 18 years old and legally capable of entering into a contract to place an order through our Website.

If you permit a person under 18 to use the Website, you are responsible for their use of the Website.

You agree to provide accurate, current and complete information when placing an order or creating an account.

You are responsible for maintaining the confidentiality of your account details and password and for all activity conducted through your account.

You must not use the Website:

  • for any unlawful or fraudulent purpose;

  • to interfere with the Website’s operation or security;

  • to upload viruses or harmful code;

  • to scrape, copy or extract Website content without permission;

  • to impersonate another person;

  • to submit false, misleading or inaccurate information; or

  • in a way that infringes another person’s rights.

We may suspend or restrict access to the Website where we reasonably believe these Terms have been breached.

3. Product Information

We take reasonable care to ensure that Product descriptions, specifications, images, dimensions and prices are accurate.

However:

  • colours may appear differently depending on your screen or device;

  • product images may include styling items or accessories that are not included;

  • measurements and water capacities may be approximate;

  • packaging may differ from images shown;

  • Products may be updated or improved by the manufacturer; and

  • minor differences in appearance may occur between production batches.

You should review the Product description carefully to confirm what is included in the package.

Where a Product is sold as a package, only the items specifically listed in the Product description are included.

4. Swimming-Pool Safety

Swimming pools and water products can present serious safety risks if they are not installed, maintained or supervised correctly.

Portable and inflatable swimming pools supplied in Australia are subject to mandatory safety-labelling requirements.

By purchasing or using an iPOOLGO Product, you agree to:

  • read and follow all installation, operation and safety instructions;

  • retain all safety labels and warnings;

  • supervise children whenever they are in or near the pool;

  • ensure children remain within direct adult supervision;

  • prevent unsupervised access to the pool;

  • comply with applicable state, territory and local council laws;

  • obtain any required permits or approvals;

  • install compliant pool fencing or barriers where required;

  • place the pool on a level, stable and suitable surface;

  • use pumps, filters, ladders and electrical equipment only as directed; and

  • stop using any Product that appears damaged or unsafe.

Portable pools deeper than approximately 30 centimetres commonly require compliant safety barriers, although exact requirements differ by state, territory and local council. Customers must confirm the requirements that apply at their property before filling or installing a pool.

No pool, barrier, alarm, cover or safety product replaces active adult supervision.

5. Installation and Site Suitability

Unless expressly stated otherwise, installation is not included in the purchase price.

You are responsible for:

  • determining whether the Product is suitable for your intended location;

  • ensuring sufficient space and access;

  • checking ground condition, drainage and slope;

  • preparing a level and stable installation surface;

  • protecting the pool from sharp objects and unsuitable surfaces;

  • checking access to electricity and water;

  • arranging licensed electrical or plumbing work where required;

  • checking fencing, planning, building and council requirements; and

  • ensuring that the filled pool will not damage the property or surrounding area.

You should not install a pool on balconies, decks, suspended slabs, rooftops or other structures unless a suitably qualified professional has confirmed in writing that the structure can safely support the pool’s full operating weight.

Water is extremely heavy. A pool containing 4,200 litres of water contains approximately 4.2 tonnes of water before the weight of the pool, equipment and occupants is added.

We are not responsible for installation decisions or site conditions that are outside our control, except to the extent responsibility cannot lawfully be excluded.

6. Orders

When you submit an order, you are offering to purchase the Products shown in your order.

An order is not accepted until:

  • payment has been successfully processed; and

  • we issue an order confirmation or dispatch confirmation.

We may reasonably refuse or cancel an order where:

  • a Product is unavailable;

  • there is an obvious pricing or description error;

  • payment cannot be processed;

  • the delivery address is outside our delivery area;

  • additional freight arrangements cannot be agreed;

  • we suspect fraud or unauthorised payment activity; or

  • the order appears to have been placed for unauthorised resale.

If we cancel an order after payment has been received, we will provide a refund using the original payment method.

Please review your order carefully before submitting it. Changes or cancellations may not be possible once the order has entered processing or dispatch.

7. Prices and Payment

Unless otherwise stated:

  • all prices are in Australian dollars;

  • prices include GST where GST applies;

  • delivery charges are additional; and

  • any optional installation or additional services are charged separately.

Prices, promotions and Product availability may change without notice.

The price charged will be the price displayed at the time the order is submitted, except where there is an obvious error.

You must provide accurate payment and billing information and be authorised to use the payment method supplied.

Payments may be processed by third-party payment providers. Their terms and privacy practices may also apply.

8. Pricing Errors

We may correct genuine typographical, technical or pricing errors appearing on the Website.

If an obvious error affects your order, we will contact you and provide the option to:

  • proceed at the correct price; or

  • cancel the affected Product and receive a refund.

We will not rely on this clause to avoid an order merely because the Product later becomes more expensive.

9. Shipping and Delivery

Shipping and delivery are governed by our Shipping Policy.

Delivery dates are estimates and may be affected by:

  • freight-carrier delays;

  • weather conditions;

  • public holidays;

  • peak delivery periods;

  • remote or regional delivery locations;

  • road closures;

  • industrial action; or

  • other circumstances outside our reasonable control.

We will use reasonable efforts to dispatch Products within the stated timeframe.

Oversized Products may be delivered by a freight carrier rather than a standard parcel service.

You are responsible for ensuring:

  • the delivery address is correct;

  • the site is reasonably accessible;

  • someone is available to receive the delivery where required; and

  • any access restrictions are disclosed before dispatch.

Additional charges may apply for redelivery, address changes, difficult access, remote delivery or depot storage where those costs are reasonably incurred and disclosed.

10. Inspection on Delivery

You should inspect the external packaging and Products promptly after delivery.

Where possible, photograph any visible packaging damage before opening the shipment.

If a Product is damaged, incomplete or incorrect, contact us as soon as reasonably possible and provide:

  • your order number;

  • photographs of the packaging;

  • photographs of the Product;

  • details of the missing or damaged components; and

  • any freight documentation.

Requesting notification within 48 hours helps us investigate freight damage, but it does not remove any rights you may have under the Australian Consumer Law.

Do not discard damaged packaging or Products until we advise whether they are required for inspection, collection or a freight claim.

11. Returns, Refunds and Consumer Guarantees

Returns and refunds are governed by our Returns and Refund Policy.

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. Consumer guarantees may entitle customers to a repair, replacement, refund or other remedy where a Product does not meet the required standards.

Depending on the circumstances, Products must generally be:

  • of acceptable quality;

  • fit for any disclosed purpose;

  • as described;

  • consistent with any sample or demonstration model; and

  • supported by available repairs and spare parts for a reasonable period where applicable.

We are not required to provide a refund merely because you:

  • changed your mind;

  • ordered the wrong size;

  • found the Product cheaper elsewhere;

  • decided the Product does not suit your available space; or

  • did not check local fencing, installation or council requirements,

unless our Returns and Refund Policy expressly permits a change-of-mind return.

Nothing in this section limits rights that cannot lawfully be excluded.

12. Warranty

Any express manufacturer or supplier warranty is in addition to rights available under the Australian Consumer Law.

Warranty claims may require:

  • proof of purchase;

  • photographs or video showing the issue;

  • the Product’s serial or batch number;

  • evidence that installation and maintenance instructions were followed; and

  • inspection or testing of the Product.

Damage caused by misuse, incorrect installation, unauthorised modification, unsuitable site conditions, neglect or failure to follow instructions may not be covered by an express warranty.

However, warranty exclusions do not override any rights that apply under the Australian Consumer Law.

13. Proper Use and Maintenance

You must use and maintain Products in accordance with:

  • supplied instructions;

  • warning labels;

  • maintenance schedules;

  • water-treatment requirements;

  • pump and filtration instructions;

  • electrical safety instructions; and

  • applicable laws and safety standards.

You should regularly inspect the pool, seams, valves, hoses, connectors, ladder, pump, filter and electrical components.

Do not use a Product where:

  • the pool wall, seam or valve is damaged;

  • the ladder is unstable;

  • an electrical cord or plug is damaged;

  • the pump or filter is leaking;

  • fittings are loose;

  • the installation surface has shifted; or

  • continued use may create a safety risk.

14. Pumps, Filters and Electrical Equipment

Electrical Products must be used only with a suitable power supply and in accordance with the manufacturer’s instructions.

You must:

  • keep electrical connections dry;

  • use appropriate residual-current protection;

  • avoid extension leads unless expressly permitted;

  • never operate damaged electrical equipment;

  • disconnect equipment before maintenance;

  • prevent children from accessing pumps and electrical controls; and

  • use a licensed electrician where electrical work is required.

Sand, filter media, chemicals, electrical work and installation materials are not included unless expressly stated in the Product description.

15. Pool Chemicals and Water Care

You are responsible for maintaining safe and appropriate water quality.

Pool chemicals must be:

  • used according to their manufacturer’s instructions;

  • stored securely away from children;

  • added in the correct order and quantity;

  • kept separate where required;

  • never mixed directly together; and

  • suitable for the pool materials and filtration system.

Incorrect chemical balance may damage pool liners, pumps, seals, filters and accessories.

We recommend seeking advice from a qualified pool-care professional where you are uncertain.

16. Intellectual Property

All Website content, including:

  • trademarks;

  • logos;

  • photographs;

  • videos;

  • written content;

  • graphics;

  • Product designs;

  • page layouts; and

  • downloadable materials,

is owned by or licensed to iPOOLGO Inflatable Pools Australia and is protected by intellectual-property laws.

You may access and use the Website for personal, non-commercial purposes.

You must not copy, reproduce, modify, distribute, publish, sell, scrape, frame or commercially exploit Website content without our prior written consent.

The iPOOLGO Inflatable Pools name and logo may not be used without permission.

17. Reviews, Photographs and Other Content

Where you submit a review, photograph, video, testimonial, comment or other content, you confirm that:

  • the content is accurate and based on your genuine experience;

  • you own the content or have permission to submit it;

  • the content does not infringe another person’s rights;

  • the content is not defamatory, unlawful or misleading; and

  • any incentive connected with the review has been disclosed.

You grant us a non-exclusive, worldwide, royalty-free licence to reproduce, publish, edit and use the submitted content for operating and promoting our business.

We may remove content that is unlawful, offensive, misleading, irrelevant or infringes another person’s rights.

18. Third-Party Services and Links

Our Website may use or link to third-party services, including:

  • Wix;

  • payment providers;

  • freight carriers;

  • social-media platforms;

  • mapping services; and

  • external websites.

Third-party services are operated independently and may have their own terms and privacy policies.

We are not responsible for third-party websites or services except where responsibility cannot lawfully be excluded.

A link does not necessarily mean that we endorse the third party or its content.

19. Privacy

We collect and handle personal information in accordance with our Privacy Policy and applicable Australian privacy laws.

Our Privacy Policy explains how we collect, use, store and disclose information, including information shared with Wix, payment providers, freight carriers and service providers.

The Australian Privacy Principles regulate matters including collection, use, disclosure, security, access and correction of personal information for organisations to which they apply.

20. Website Availability

We do not guarantee that the Website will always be available, uninterrupted, secure or error-free.

We may temporarily suspend access for:

  • maintenance;

  • security updates;

  • technical issues;

  • system upgrades; or

  • circumstances beyond our reasonable control.

We may update, change or discontinue Website features where reasonably necessary.

21. Errors and Omissions

Website information may occasionally contain errors, omissions or outdated information.

We may correct or update:

  • Product descriptions;

  • specifications;

  • images;

  • availability;

  • delivery information;

  • promotions; and

  • pricing errors.

Where a correction materially affects an accepted order, we will contact you and deal with the order fairly and in accordance with applicable law.

22. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.

To the extent permitted by law, we are not liable for loss caused by:

  • misuse of a Product;

  • failure to follow instructions or warnings;

  • incorrect installation;

  • unsuitable ground or site conditions;

  • failure to obtain required fencing or approvals;

  • unauthorised modifications or repairs;

  • incorrect water treatment;

  • normal wear and tear;

  • third-party services outside our reasonable control; or

  • information supplied inaccurately by the customer.

To the extent permitted by law, we are not liable for indirect or consequential loss that was not reasonably foreseeable.

This section must be read subject to your non-excludable statutory rights.

23. Indemnity

To the extent permitted by law, you are responsible for loss or damage reasonably suffered by us because of:

  • your unlawful use of the Website;

  • your material breach of these Terms;

  • content you submit that infringes another person’s rights; or

  • fraudulent or unauthorised conduct.

This clause does not require you to indemnify us for loss caused by our negligence, unlawful conduct or breach of these Terms.

24. Events Outside Our Control

Neither party is responsible for a failure or delay caused by events outside its reasonable control, including:

  • natural disasters;

  • severe weather;

  • fire or flood;

  • government restrictions;

  • transport disruption;

  • industrial action;

  • power or telecommunications outages;

  • port delays; or

  • supply-chain disruption.

This clause does not remove any right to a refund or other remedy that applies under the Australian Consumer Law.

25. Termination or Suspension

We may suspend or terminate your Website account where we reasonably believe that you have:

  • breached these Terms;

  • engaged in fraud;

  • misused the Website;

  • threatened Website security; or

  • acted unlawfully.

Termination does not affect accrued rights, outstanding payment obligations or provisions intended to continue after termination.

26. Severability

If any part of these Terms is found to be invalid, unlawful or unenforceable, that part will be read down or removed to the minimum extent necessary.

The remaining Terms will continue to apply.

27. No Waiver

If we do not immediately enforce a right under these Terms, this does not mean we have waived that right.

28. Entire Agreement

These Terms, together with the policies referred to in them, form the agreement between you and us regarding your use of the Website and purchase of Products.

Nothing in this clause excludes representations or rights that cannot lawfully be excluded.

29. Assignment

You may not transfer your rights or obligations under these Terms without our written consent.

We may transfer our rights or obligations as part of a genuine sale, restructure or transfer of the business, provided this does not reduce your statutory rights.

30. Governing Law

These Terms are governed by the laws of Victoria, Australia.

The parties submit to the courts and tribunals of Victoria and any courts entitled to hear appeals from them.

Nothing in this section prevents a consumer from exercising rights available under applicable consumer law in another Australian jurisdiction.

31. Changes to these Terms

We may update these Terms from time to time to reflect:

  • changes to our business;

  • changes to Website functionality;

  • new Products or services;

  • changes in law; or

  • changes to our policies.

The latest version will be published on this page with an updated revision date.

Changes will not retrospectively remove rights relating to an order already accepted.

32. Contact Details

Questions about these Terms may be sent to:

iPOOLGO Inflatable Pools Australia
Legal business name: Swim Slipstream Australia pty Ltd Trading Ipoolgo Inflatable Pools Australia 
ABN: [insert ABN]
Address: [insert business address]
Email: [insert customer-service email]
Phone: [insert phone number]
Website: www.ipoolgoinflatablepools.com.au

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