Terms and Conditions of Use
These terms document and govern the contract made between you (“You”, “Your”, etc) and us, Melbourne Pool and Spa Safety Pty Ltd, ABN 59 123 456 789 (“MPSS”, “We”, “Us”, “Our”, etc). This contract is referred to in this document as the “Agreement”. In this Agreement,
The Agreement comes into force when You access the website melbournepoolsafety.com (the “Website”).
By entering into this Agreement, You and MPSS agree as follows.
Definitions
In this Agreement, the following terms have the following meanings:
Address means the address You specify for the location of the pool or spa when you make a Booking;
Booking means when You use the Website to book a Service in relation to a pool or spa safety barrier (the Booked Safety Barrier) at a certain Address at an agreed time (the Appointment Time).
CBC means a certificate of pool and spa barrier compliance as defined in the Regulations.
CBNC means a certificate of pool and spa barrier non-compliance as defined in the Regulations.
Client means the users who access the Website and are given the opportunity to purchase the Services;
Confidential Information means any information created, received or obtained by Us from You, or by You from Us or any other party in respect of the Services. In relation to MPSS, it also includes all non-public information pertaining to MPSS’s business (including, without limitation, our pricing information, and any content marked confidential).
Intellectual Property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, including without limitation text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features, and includes the right to apply for or renew the registration of such rights;
Pool and Spa Compliance means the compliance with the Regulations in respect of a pool or spa.
Reports means any reports, certificates, directions, notices, or other communications provided to You by MPSS either in writing or orally;
Regulations means the Building Regulations 2018;
Remediation Order means a notice given pursuant to Section 147ZG of the Regulations.
Reinspection Order means a notice given pursuant to Section 147ZH of the Regulations.
Interpretation
Headings are for convenience only and do not constitute part of the Agreement.
The terms “applicable barrier standard”, “barrier requirements”, “date of construction”, “spa” and “swimming pool” have the meanings given to them in the Regulations.
Intellectual Property.
You agree that the contents of the Website and the Reports is and remains the property of MPSS. You agree that nothing in this Agreement shall cause the transfer of ownership of any Intellectual Property.
Services Provided by MPSS
MPSS provides various services including without limitation, Assessments, Inspections, Reinspections, and Further Reinspections as defined below:
Assessments: services whereby MPSS sends a staff member to the Address at an Appointment Time to assess a Booked Safety Barrier and, if the assessment can be completed, to issue a Report as to the compliance of the Booked Safety Barrier with the applicable barrier standard.
Inspections: services whereby MPSS sends a staff member who is a VBA-registered Pool Safety Inspector (the Inspector) to the YouAddress at an Appointment Time to inspect a Booked Safety Barrier for compliance with the applicable barrier standard pursuant to the Regulations. Following an Inspection, the Inspector will issue a CBC, a CBNC, or a Remediation Order.
Reinspections: services whereby MPSS sends a staff member who is a VBA-registered Pool Safety Inspector to the Address at an Appointment Time to reinspect a Booked Safety Barrier for compliance with the applicable barrier standard pursuant to the Regulations. Following a Reinspection, the Inspector will issue a CBC, a CBNC, or a Further Reinspection Order.
Further Reinspections: services whereby MPSS sends a staff member who is a VBA-registered Pool Safety Inspector to the Address at an Appointment Time to reinspect a Booked Safety Barrier for compliance with the applicable barrier standard pursuant to the Regulations. Following a Further Reinspection, the Inspector will issue a CBC or a CBNC.
Non-Completion of an Assessment
You acknowledge that where We are unable to complete an Assessment for any reason outside of Our control, We will not be able to issue a Report and no refund (full or partial) will be payable.
Non-Completion of an Inspection, Reinspections, or Further Reinspection
You acknowledge that where We are prevented by You from completing an Inspection, Reinspection, or Further Reinspection, We will be obliged to issue a CBNC.
Punctuality
You acknowledge that MPSS staff are at times restricted from arriving at a booking Address at an Appointment Time by forces out of MPSS’s control (including without limitation previous Bookings, traffic and weather). MPSS will make all reasonable commercial efforts to attend each Booking at the Appointment Time but you acknowledge that late arrival shall not constitute repudiation of a Booking or constitute grounds for a refund of fees paid by You to MPSS in whole or in part.
Attendance at Address at Appointment Time
You acknowledge and agree that MPSS is reliant on You attending at the Address at the Appointment Time in order for MPSS to be able to deliver the Services. You acknowledge that MPSS cannot deliver the any part of the Services without your presence. In the event that you do not attend the Address at the Appointment Time, then unless a previous arrangement has been made for the appointment to be contactless due to COVID-19 restrictions, You agree that you are required to make a new Booking and that you are not entitled to a refund in whole or in part.
MPSS’s Rights
MPSS may, in its sole discretion, accept or refuse to provide its services to You at any time and for any reason.
Accuracy
You warrant that any information that You provide to Us (the Information) is accurate and complete. You acknowledge that MPSS cannot provide the Services to you correctly if the Information is not complete and accurate and you indemnify MPSS against any claim involving Reports that were based in whole or in part on inaccurate Information.
Use of Reports and Website
You acknowledge that information provided to You by MPSS in the Website and the Reports (the Materials) contain MPSS’s valuable Intellectual Property. You agree to use any Materials provided to You under this Agreement only for the purposes of Pool and Spa Compliance and to respect the confidentiality of the Materials and to not:
use the Materials in any way that infringes the copyright or proprietary interests therein;
make any changes to the Materials;
remove or obscure any copyright notice in the Materials, or
copy, produce, sell or distribute the Materials or any part of the Materials to third parties.
About the Website
The Website is a platform provided by MPSS to allow You to make bookings for Services, pay for bookings for Services, and access Materials provided as a result of delivery of Services.
Please read these Terms carefully. By using, reading or browsing the Website, booking a Service, making payments and/or clicking “I agree”, You signify that You have read, understood and agreed to be bound by the terms of this Agreement and our Privacy Policy found at https://melbournepoolsafety.com/privacy_policy. If you do not agree to the Terms or the Privacy Policy, you must cease usage of the Website and any of its associated products or Services immediately.
You understand that by supplying MPSS with your address, email address and phone number, you may receive emails, newsletters, telephone calls or SMS updates from MPSS in order to keep you informed about MPSS activities. If you do not wish to receive updates from MPSS, you may contact MPSS at support@melbournepoolsafety.com.
By making a Booking or using the Services, You represent and warrant to Us that:
a. you have the right, authority and capacity to agree to and abide by this Agreement; and
b. if you are purchasing the Services on behalf of a business, that business has accepted the terms of this Agreement, and you have been duly authorised to bind the business;
Payment
a. You must make payment for the Services when making a Booking.
b. We will be under no obligation to provide the Services until we receive payment.
c. We will not hold your card details.
d. MPSS will provide a tax invoice to Your registered email upon payment for the Services.
e. Unless otherwise stated, all amounts expressed and described on or in connection with this Agreement, are listed in Australian Dollars (AUD) and are GST inclusive[MOU3] [ADT4] .
f. MPSS may, in its sole discretion, create coupon codes that may be redeemable for account credit or discounted services. Coupon codes may not be duplicated, sold or transferred in any manner, or made available to anyone but its intended recipient. Coupon codes are restricted to use at a certain address.
Rescheduling an appointment
You can reschedule your Appointment more than 24 hours before the appointment time without penalty. If You reschedule after that time, We will charge You a late rescheduling fee of 50% of the appointment charge.
Cancellation by You
You can cancel an Appointment more than 72 hours in advance without penalty. If you cancel an Appointment between 72 and 24 hours before the Appointment time will be charged a late cancellation fee of 50% of the Appointment charge. If you cancel after that time (less than 24 hours before the appointment) we will charge the full appointment fee.
Cancellation by Us
When We need to cancel our appointment with You less than 24 hours before our Appointment with You is scheduled, We will refund You 50% of the fee you have paid.
Australian Consumer Law
Nothing in this Agreement limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
a. If you are not a Consumer (under the Australian Consumer Law), you agree that MPSS has no direct or indirect liability (including in negligence) to you in any way related to your use of MPSS.
b. If you are a Consumer (under the Australian Consumer Law), MPSS limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.
c. Where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, MPSS’s liability to you is limited at its option to:
i. in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
ii. in the case of services, resupply of the services or payment of the cost of re-supplying the services.
Subject to the above, and to the maximum extent permitted by law:
a. we exclude all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
b. we will not be liable for any liabilities, claims, costs and expenses (including legal costs), damage or injury or any special, direct, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything in relation to the Website and the Services are provided to you “as is” and “as available” without warranty or condition of any kind.
We have no liability for any failure or delay due to matters beyond Our reasonable control.
Indemnity
You indemnify MPSS and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) that arise out of or relate to your use of the Website and/or Services, including without limitation:
a. any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
b. any act or omission (including negligent acts or omissions) of MPSS in the performance or purported performance of any Services;
c. your breach of this Agreement; or
d. the use of any Intellectual Property in a way not contemplated by the Terms or as a consequence of a breach of the Terms.
This indemnity will survive termination of the Terms.
Termination
If you want to terminate this Agreement, you may do so by cancelling any Booking and paying any outstanding fees.
Notice
Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing. Notices to you shall be deemed to have been properly given on the date posted, if posted; on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner.
Governing Law
The terms of this Agreement are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This Agreement shall be binding to the benefit of the parties hereto and their successors and assigns.
Venue and Jurisdiction
The Services offered by MPSS are intended to be available to residents of Victoria, Australia. In the event of any dispute, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia and the venue shall be Melbourne, Australia.
Entire Agreement
The terms of this Agreement constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
Severance
If any part of the Agreement is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Agreement shall remain in force.
Waiver
A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
Assignment
MPSS may assign or transfer its rights or obligations under these Terms without your consent. You may not assign or transfer your rights or obligations under these Terms without prior written consent of MPSS. A purported assignment without written consent will be deemed to be void and convey no rights.
Limitation of action
You agree that any cause of action related to or arising out of your relationship with MPSS must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Non-disclosure
Neither party will disclose to any third party details of this agreement or any of the negotiations undertaken in relation to this agreement without the prior written consent of the other.
Money Back Guarantee
If there is work to do, we create a detailed plan for you that shows each issue that needs to be addressed and how it can be addressed in clear terms that are easy to follow. We’re available to discuss the plan with you or your tradesmen to help you get the work done right first time.
We’re so confident in it that we offer a money back guarantee. If you follow the plan and address each issue, we guarantee the Certificate of Compliance for your pool barrier or we’ll give you your money back.