Terms & Conditions

Welcome to the PoolBox website (the “Site”). “PoolBox” refers to Pool Box Pty Ltd (CAN: 614 515 516), the company who owns and operates this website and its subsidiaries, related entities, officers and assigns. These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product or create an account, you agree to be legally bound by these Terms and Conditions (the “Terms”), which together with our Privacy Policy govern the relationship between Us (PoolBox) and You (the User).

REGISTRATION

To use some of the services or features made available to you on this Site, you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, you should immediately update your information by signing into your account and editing your personal information in My Account, or by contacting us. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify PoolBox immediately of any breach of security or unauthorised use of your account.

 

As a registered user of the PoolBox, you agree to receive emails promoting any special offer(s), including third party offers. You may opt-out from receiving special promotions by emailing support@poolbox.com.au or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

SUBSCRIPTION SERVICE

In order to start your ongoing PoolBox monthly subscription, you must register as a member on our Website. To register, you can simply provide your pool size, your delivery information including your billing information, and your valid email address. All information that you provide to PoolBox, including your credit card information, is subject to the PoolBox’s Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Website.

 

The following are the current Subscription types provided:

Monthly

Summer pack (6 month Subscription)

Annual pack (12 months Subscription)

 

All Subscriptions will automatically renew on the anniversary date of the Subscription or the 1st of the month that the Subscription is set to renew. You will need to cancel the auto-renew prior to the renewal date if you no longer wish to use the service.  

 

The subscription types offered may change and/or subject to change. In this circumstance, your Subscription will remain unchanged as originally purchased, with any amendments automatically coming into effect following the auto-renewal.

 

 

MONTHLY DELIVERY

As a subscriber to the PoolBox, each month we will ship you a package with a set arrangement of pool chemicals to provide general maintenance for your pool (“Proucts”). The selection and/or contents within the box may change from time to time.

 

Your first delivery will be dispatched 48 hours from your subscription purchase. Subsequent deliveries will be dispatched on the 15th of each month while your subscription is active and paid. If the 15th falls on a weekend or public holiday your order will be dispatched the following business day.

 

BILLING AND PAYMENTS

The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard. We also accept PayPal. Unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant the PoolBox the right to store and process your information with the third party payment service, which it may change from time to time; you agree that the PoolBox will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

RETURNS, EXCHANGES & REFUNDS

Please take care when ordering as we do not refund or exchange for change of heart or unforeseeable delays. Returns are accepted for Faulty Merchandise Only. It is the purchaser’s responsibility to check goods, including if delivered directly to a third party. We strive for the highest of quality and all of our products are thoroughly quality checked prior to packaging and again before dispatch in a manner for maximum protection during transit, especially fragile products. If in the very rare instance you do receive a product that was faulty, contact us immediately and we will organize to replace the item/s or if a replacement is not possible, a choice of a refund or credit will be given. We will cover postage costs on faulty items. We are sorry but pre-paid subscriptions cannot be refunded. We cannot take responsibility for lost or stolen deliveries, especially when no signature was required.

 

INTELLECTUAL PROPERTY RIGHTS

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including our Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by the PoolBox. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties.

 

CONTENT

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. PoolBox tries to ensure that the information on this site is accurate and complete. PoolBox does not promise that the Content is accurate or error-free. We may make changes to the Content, materials and services at this Site, or to the products and services described in them, at any time without notice. The Content and services at this Site may be out of date, and PoolBox makes no commitment to update the materials and services at this Site. The Content, products and services of our site are provided “as is” without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. PoolBox’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.

The personal opinions of the suppliers whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of PoolBox and we accept no responsibility for any such views expressed in any media.

WEBSITE CONTENT AND LINKED SITES

We make no representations about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.

 

 

USE OF THE SITE

Your use of this Site is subject to the following terms and conditions: (a) Your use of this Site must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Site by You or through Your login and You shall be responsible for the consequences of any such communications to the Site. (b) You must not use the Site for any of the following purposes, which are expressly prohibited by the PoolBox: (i) Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party. (ii) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libelous or abusive. (iii) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction. (iv) Attempting to interfere in any way with the Site’s or PoolBox’s network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system or network. (c) You are responsible for maintaining the confidentiality of Your login details and You accept responsibility for all activities that occur under Your login. You must notify Us immediately in the event of any unauthorised use or misuse of Your account or where there is any other breach of security. (d) The PoolBox reserves the right to revise these Terms at any time and for any reason without notice to You. It is Your responsibility to review these Terms each time You use the Site. (e) We reserve the right to, at any time and without notice to You, revise the products and services available on and through this Site and to change, suspend or discontinue any aspect of this Site without liability to You or to any third party. (f) The PoolBox may, at our sole discretion, impose rules for and limits on the use of this Site by You or any other member or restrict Your access to part, or all, of the Site without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms.

LIABILITY DISCLAIMER

The Site and Service is provided by the PoolBox in good faith and we do not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law. The contents of the Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision. To the extent permitted by law, the PoolBox hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or the Service, or any action taken (or refrained from being taken) as a result of using any of these.

 

LIABILITY AND WARRANTIES

We do not warrant and/or guarantee the results, outcome, quality, accuracy or reliability of the use of this Service or any products we provide.  

The PoolBox does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site, its content or any of our Products or Service offered.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

We are not liable to you or to any third party for any personal injury, including death, caused by or connected to access to the service or products that we provide,
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

The PoolBox shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. In no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the products or goods.

 

 

 

INDEMNITY

You agree fully to indemnify, defend and hold the PoolBox, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

 

DATA PROTECTION AND PRIVACY

We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.  To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our couriers. By placing an order with us, you agree to your data being processed by the PoolBox. We will not pass on your data to anyone outside of our organization.

 

RISK AND TITLE

All title and ownership to the ordered products will pass to you from the moment they are paid in full and dispatched by us to the delivery service. If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.

 

SEVERABILITY

If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

 

AMENDMENTS TO THESE TERMS

We reserve the right to amend these Terms and Conditions at any time. Continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

 

ADDITIONAL INFORMATION

If you have any questions about these Terms and Conditions, please contact info@poolbox.com.au