Terms and Conditions

Section 1 – Overview

(a) This website (Site) is operated by Apollo Pools Pty Ltd (Apollo Pools, we, us or our). The term you or your refers to the person or organisation accessing or using, or relying upon, the Site.

(b) By accessing or using the Site and/ or purchasing products from our Site (Products), you engage in our services (Services) and agree to be bound by these terms of use (Terms), together with our Privacy Policy and any other terms and conditions you may find on our Site and agree to abide by them.

(c) If you do not agree to these Terms, you should not access or otherwise use the Site and the Products and Services offered on, or via, the Site.

(d) We may update the Site (wholly or partly) at any time. If the need arises, we may suspend or cease your access to the Site. We encourage you check the Site periodically for changes. Your continued use of or access to the Site constitutes acceptance of these changes.

(e) Questions about these Terms should be sent to us at [email protected]

Section 2 – Eligibility

(a) As a condition of using and accessing the Site and purchasing our Products, you represent and warrant that you:

(i) are aged 18 years or over, or if you are under 18 years, you have parental or guardian consent;

(ii) are authorised to use and access the Site and the Products;

(iii) have authority to enter into any agreement with us in connection with using or accessing the Site.

(b) You acknowledge and warrant that if you use our Site on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise):

(i) you are responsible for ensuring that you have the right to do so;

(ii) you have obtained that person’s authority and consent to use the Site and agree to these Terms on their behalf

Section 3 – Your Obligations

As a condition of using or accessing the Site, you must not:

(a) use the Site or the Products for any unlawful or unauthorised purpose;

(b) use the Site or the Products in any way that could damage our reputation or the goodwill or other rights associated with the Service;

(c) use the Site or the Products to breach any third party rights, including Intellectual Property Rights (as defined in Section 15.);

(d) use the Site to submit false or misleading information;

(e) attempt to undermine the security or integrity of our computing systems or networks or, where the Site is hosted by a third party, that third party’s computing systems and networks;

(f) use, or misuse, the Site in any way which may impair the functionality of the Site, or other systems used to deliver the Site or impair the ability of any other user to use the Site;

(g) transmit, or input into the Site, any files, content, material and/or data that may:

(i) damage any other person’s computing devices or software; and/or

(ii) be offensive; and/ or

(iii) be in violation of any law; or

(h) modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer, any computer programs used to deliver the Site (or attempt to do so).

Section 4 – Availability of Products and Services

(a) Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our returns policies and procedures.

(b) We have used reasonable endeavours to display as accurately as possible the colours and images of our Products on the Site. Due to different screen resolutions, colours may vary. We cannot guarantee that your computer and/or device screen’s display of any colour or image will be accurate.

(i) limit or cancel the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We will notify you if we make a change to or cancel to your order;

(ii) limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers or distributors; and

(iii) limit the quantities of any Products that we offer.

(d) All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion.

(e) We reserve the right to discontinue any Product at any time.

(f) We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

(g) We make no representations as to the suitability, quality or acceptability of any Products generally and/or with regard to your particular needs (including any allergies or illnesses you may have).

(h) You acknowledge that you must use Products in accordance with any instructions (including safety warnings) accompanying the Product. To the maximum extent permitted by law, we are not responsible for any liability to you or any third party arising out of your misuse of the Products.

Section 5 – Payment terms

(a) All prices quoted by us on the Site are in AUD.

(b) We reserve the right to change or alter prices of Products and Services without notice to you.

(d) You acknowledge that where you purchase any Products through our Site, you will be responsible for payment in respect of those Products in full (without any set-off or deduction) before the order can be processed and the Products can be dispatched.

(e) Where such payments are taken through the Site, you acknowledge and accept that such payments are not processed or taken by us and instead are processed by a third-party payment gateway (and you agree to be bound by any policies and terms applicable to that payment gateway).

Section 6 – Third Party Links

(a) Certain content, Products and Services available via our Site may include materials from third-parties.

(b) Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

(c) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. You access those websites and/or use the websites’ products and services entirely at your own risk. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 7 – Privacy

Your privacy is very important to us. Please refer to our Privacy Policy for further information on how we collect, use, store, process and disclosure your personal information.

Section 8 – Errors, inaccuracies and omissions

(a) Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Site is inaccurate at any time without prior notice (including after you have submitted your order).

(b) We undertake no obligation to update, amend or clarify information on our Site, including pricing information, except as required by law. No specified update or refresh date applied to our Site, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 9 – Intellectual property

(a) The following aspects of the Site and our social media pages are protected by copyright, trade mark and other intellectual property laws: information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features (collectively, IP Content).

(b) Title to, and all Intellectual Property Rights in the Products, Services and the Site (including the IP Content, the Third Party Content and the User Generation Content) remain our (and/or our licensors) sole property.

(d) You will not directly, or indirectly, do anything that would, or might invalidate, or put in dispute our title in the Intellectual Property Rights in relation to the Site, Products and Services.

(e) To the maximum extent permitted by law, you must not:

(i) reproduce, make error corrections to or otherwise modify or adapt the Products and Services or create any derivative works based upon the Services;

(ii) de-compile, disassemble or otherwise reverse engineer the Products and Services or permit any third party to do so; or

(iii) modify or remove any copyright or proprietary notices on the Products and Services.

(f) You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Site, or any of our social media pages, for commercial purposes without obtaining an express licence to do so from us.

(g) In this clause, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

Section 10 – Limitation of liability

(a) The IP Content, User Generated Content or Third Party Content displayed on or via the Site, our social media pages, any websites linked to the profiles of Third Party Providers or any other links in relation to the products or services contained therein are provided ’as is’ and without any guarantees, conditions or warranties as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose.

(b) It is your responsibility to determine that the Site:

(i) meets your personal needs; and

(ii) is suitable for the purposes for which it is used.

(c) To the maximum extent permitted by law, we, and our directors, officers, affiliates, employees, partners and representatives:

(i) exclude all warranties and representations as to the correctness, accuracy, adequacy, completeness, currency, reliability, timeliness or usefulness of any information or other content posted on the Site;

(ii) do not guarantee that the Site, or the server supporting the Site, is free from defects, viruses or other harmful components, or will be uninterrupted or error free;

(iii) accept no liability for the loss of data where such loss is wholly or partly caused by factors beyond our reasonable control including failure or fault in the hosted environment of the Site, defective network or internet connections, defective equipment utilised by you or incorrect operation by you of your own device or other access facilities;

(iv) shall not be responsible for any disclosure, use, modification or deletion of your data resulting from any access by third party application providers.

(d) Save for any terms, conditions, guarantees, warranties, indemnities or other rights which may arise under the Australian Consumer Law under the Competition and Consumer Act 2001 (Cth) or other legislation and which cannot be excluded:

(i) all warranties, whether express or implied including warranties as to fitness for any purpose and merchantability are expressly excluded; and

(ii) to the extent legally possible any liability that we may have to you in relation to the Site or the Products which cannot be excluded shall be limited to, at our discretion:

(A) either the supplying of the Products again; or

(B) the payment of the cost of having the Products supplied again.

(e) We, and our directors, officers, affiliates, employees, partners and representatives shall not be liable for:

(i) any injury, loss, expense or damages (including loss of life) of any kind whatsoever or however arising whether directly, indirectly, consequently or contingently to any person or property and without limiting the generality of the foregoing; and

(ii) any losses, expenses or damages caused by delays or any other reasons or additional expenses incurred by you including losses of prospective profits or actual profits incurred by you.

Section 11 – Indemnification

You agree to fully indemnify, defend and hold harmless Apollo Pools and our directors, officers, affiliates, employees, partners and representatives (those indemnified), harmless from any action, liability, claim, loss, demand, expense (including reasonable legal fees) suffered or incurred by any those indemnified, whether directly or indirectly, in connection with:

(a) your breach of these Terms;

(b) any breach or inaccuracy in any of your representations or warranties;

(d) any data submitted by you.

Section 12 – Confidentiality

(a) You must keep our Confidential Information confidential, and not disclose it except:

(i) for the purpose of engaging in our Services;

(ii) as permitted by us;

(iii) to your professional advisers for the purpose of obtaining legal, taxation or accounting advice, provided it is disclosed on a confidential basis; or

(iv) as required by law.

(b) In this section, Confidential Information means all information of a confidential, commercially sensitive or valuable nature belonging to Sheet Society or its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) including intellectual property, financial, sales, customer, employee or supplier information, processes, statements, trade secrets, marketing plans, data, other than information that is public or information previously disclosed to you on a non-confidential basis.

Section 13 – Viruses and hacking

(a) You must not misuse the Site by introducing viruses, trojans, malware or other material, which is malicious or harmful.

(b) You must not gain, or attempt to gain, unauthorised access to:

(i) the Site;

(ii) the server on which the Site is stored; or

(iii) any server, computer or database connected to the Site.

(c) We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site or your downloading of any material or content posted on it, or on any website linked to it.

(d) We recommend that all Internet users ensure they have up to date virus checking software installed.

Section 14 – Termination and suspension

(a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

(b) We reserve the right, to terminate our agreement with you and to suspend or terminate your access to the Site (including any Account or Password) immediately and without notice to you if:

(i) you fail to make payment to us when due;

(ii) you breach any of these Terms;

(iii) when requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;

(iv) we suspect that you have engaged or are about to engage in fraudulent or illegal activity on the Site;

(v) requested by a court or law enforcement or other government agency or regulatory body;

(vi) there is a discontinuance of the Site or any websites linked to the Site (or any part of them); or

(vii) there are any unexpected technical or security issues or problems.

(c) Any termination shall not affect any of our accrued rights or your liabilities, nor shall it affect any provision of these Terms which is expressly or by implication intended to continue in force after such termination.

Section 15 – Force majeure

(a) We shall not be responsible for any delay, suspension or failure to provide the Site (or any websites linked to the Site) arising out of a Force Majeure Event.

(b) Force Majeure Event means an event or circumstance:

(i) that is beyond the reasonable control of a party;

(ii) which that party is not reasonably able to prevent or overcome; and

(iii) which prevents that party from performing a material obligation under these Terms,

including, subject to satisfaction of the foregoing:

(iv) extreme weather events, fire, flood, explosion or natural disaster;

(v) acts of war, riots, terrorism or vandalism;

(vi) failure or shortage of supplies, equipment, materials or essential utility;

(vii) pandemic, epidemic or other widespread threat to human health (including an outbreak or recurrence);

(viii) computer hacking, internet interruption or virus or malicious damage;

(ix) strike, embargo or industrial disturbance; or

(x) a change in applicable law.

Section 16 – No waiver and entire agreement

(a) The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

(b) These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Section 17 – Variation to terms of service

We reserve the right to change, modify, add, or remove portions of these Terms at any time without notice to you, effective upon posting it on the Site. By continuing to use or access the Services following any changes to these Terms, you signify that you have read, understood, and agree to be bound by the updated Terms.

Section 18 – Severability

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding on the parties.

Section 19 – Governing law

(a) These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia.

(b) This Site may be accessed from Australia or overseas. We make no representation that the content of this Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access this 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.