Terms & Conditions

These Terms and Conditions (Terms) govern your use of our services offered by LUXURY POOL SERVICES PTY LTD (ACN 680 215 114) (we, us, our), and form a binding contractual agreement between us, and you. Other terms and conditions contained in the privacy policy (Privacy Policy) (if applicable) also form part of the agreement with you.

These Terms are important and should be read carefully.  Any questions about these Terms must be directed to us in writing at theluxepool@gmail.com before engaging our services.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.

1. DEFINITIONS
   1. Appointment means any appointment we make in relation to the Inspection or any Services generally.
   1. Call Out Services/Fee means the fee we charge clients’ who engage our Services on a sporadic basis, including a comprehensive service, consultation or assessment.
   1. Check up Service means the provision of our check up services, assessment and water chemistry analysis.
   1. DeLUXE Pool Maintenance Packages means our weekly, fortnightly, and monthly packages including comprehensive maintenance services.
   1. Green Pool Restoration Package means our restoration services focused on restoration of your Pool.
   1. Inspection means our inspection of the Pool prior to the provision of the Services (excluding the Call Out Services/ Fee) and includes any assessments and reports we generate as a result of our inspection of the Pool.
   1. Pool the pool which the Services are being provided for.
   1. Quote means a quote we may issue to you in relation to the Services.
   1. Services means any or all of the following:
      1. provision of the Check up Services/ Fee;
      1. provision of the DeLUXE Pool Maintenance Package;
      1. provision of the Green Pool Restoration Package;
      1. Pool cleaning;
      1. Pool repairs;
      1. Pool maintenance;
      1. Pool supplies;
      1. Pool installation;
      1. Inspection of the Pool; and
      1. any other services or packages offered by us.
2. ACCEPTANCE OF TERMS
   1. We will provide you with a copy of these Terms and with a Quote before you engage our Services, as listed on our website.  
   1. By paying any amount to us in respect to the Services or otherwise instructing us to proceed with the Services in writing, you acknowledge that you have read and understood the Terms and the Quote and agree to be bound by them, and all our other policies.

• VARIATIONS TO TERMS
  • We reserve the right to update and change these Terms from time to time subject to notice being provided to you.
  • You will be subject to the Terms in force at the time when you engage our Services, unless agreed otherwise by both parties in writing. 
• GENERAL DISCLAIMER
  • We provide the Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure the content provided is accurate, we make no representations and give no guarantees or warranties about the suitability, reliability, availability, timeliness and/or accuracy of the content or information provided by us.
  • You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Services.
  • Any testimonials and examples of our Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.
  • We make no warranty, representation, or guarantee regarding the suitability of our Services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any Service. It is your responsibility to independently determine suitability of any Service and to test and verify the same.
  • Any timelines or delivery dates are provided by us on an estimated basis only.  We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond our control, and we are not responsible for any delay in the delivery of our Services.
• SERVICE SPECIFIC DISCLAIMERS
  • You acknowledge and accept that while we exercise reasonable care in the provision of our Services at all times, including during Inspection, we will not be held liable to you where the provision of our Services makes previous defects in the Pool more apparent.
  • Without limiting the generality of clause 5.1, this includes the:
• exacerbation of pre-existing cracks; and
• exacerbation of aesthetic faults, including colouring, cracking, tile, grout and tile erosion.
  • You accept that while rare, there is a possibility of a Pool popping out of its fitting where the Pool has been drained due to unequalised pressure occurring following draining. We cannot predict whether this will occur and we will not be held liable to any loss sustained to you in such circumstances.
  • You accept and acknowledge that we will not be held liable to you for any failure by you to obtain an independent pressure assessment in accordance with clause 6 of these Terms, this includes, without limitation, where any leaks arise in the Pool following the provision of our Services and/ or any other defects arise.
• PRESSURE TESTING
  • You acknowledge that should any plumbing be required to be run underground, the provision of that plumbing is subject to an independent pressure assessment conducted by a third party which is to be completed at your sole cost.
  • Should you elect not to proceed with the independent assessment referred to at clause 6.1, you acknowledge that we will not be liable to you for any damage sustained in accordance with clause 5.4 of these Terms.
• FEES
  • The fees for our Services (Fees) are as indicated in the Quote provided to you and/or as listed on our website (if applicable).
  • Our Fees will differ depending on the Service you have engaged us for.
  • All Fees for our Services are in Australian Dollars (AUD). 
  • All Fees are plus GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
  • We reserve the right to modify, cancel and limit any Quote and/or Services at any time.
• PAYMENTS
  • Depending on the Services provided, we may send you an invoice the same day, or, in accordance with the relevant package you have engaged us for. We may re-issue the Quote as an invoice depending on the Services provided, via our automated billing system.
  • If you fail to pay our Fees when due, as indicated on the invoice , you acknowledge that we reserve the right to suspend or terminate the delivery of our Services. We will not be liable for any loss suffered by you as a result of such suspension or termination.
  • We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
  • You must pay us all Fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.
• YOUR OBLIGATIONS
  • During the delivery of our Services, you agree to:
• respond promptly to our communications in relation to the Services;
• ensure there are no animals present at the Pool during the time of the Appointment so that we may provide our Services;
• ensure that we can access the Pool at all times during the Appointment so that we may provide our Services to you;
• promptly notify us prior to an Appointment if you cannot comply with the obligations set out in clauses 9.1(b) and 9.1(c);

• provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services; and
• act in good faith.
  • When providing our Services, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images and other information so we can best deliver our Services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you.
• COPYRIGHT AND TRADE MARK NOTICES
  • All material provided by us during the provision of our Services, including (but not limited to) documents, templates, questionnaires (Our Content), is our intellectual property and subject to copyright. You must obtain our prior written permission if you would like to copy or reproduce our Content. Modification of our Content is a violation of our copyright and other proprietary rights and is strictly prohibited. 
  • You acknowledge that you do not acquire any ownership rights by using our Content.
  • The trade marks, logos, and service marks displayed on our Content to denote our brand are either our registered or unregistered trade marks (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
  • Nothing contained in our Content or our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.
  • You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
  • This clause survives termination of these Terms.
• RIGHT TO SUSPEND, TERMINATE AND REFUND
  • We reserve the right to suspend or terminate your use of our Services generally if you breach these terms, as determined by us in our sole discretion. 
  • Either party may terminate your use of our Services by providing to the other party a minimum of 7 days’ written notice.

1. If you terminate our Services early (prior or after to your Services being completed), you acknowledge and agree that any outstanding Fees for those Services remain payable. We will issue an invoice for all any outstanding Fees that apply.
   1. Refunds are not provided for our Services, other than in accordance with the Australian Consumer Law, as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

1. Final payments are non-refundable after at the completion of our Services.
   1. Any refund requests will be assessed on a case-by-case basis, in accordance with the costs associated with each Service delivered by us.
2. DISCOUNTS, PROMOTIONS AND OFFERS
   1. From time to time, we may offer the opportunity to purchase our Services at a discounted or promotional price, subject to these Terms. 
   1. Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as communicated to you by us.
3. LIABILITY IS LIMITED
   1. We provide the Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.Without limiting the generality of clause 12.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Services.
   1. Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.

1. The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
   1. If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.
   1. Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.
   1. This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.
2. INDEMNITY
   1. You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
3. your use of our Services; 
4. any claim made against us or you by a third party arising out of or in connection with the provision of our Services and/or these Terms;
5. any breach of these Terms by you, including any failure to pay any Fees on time;
6. any reliance by you or a third party on our Services or any advice or information provided in connection with the provision of our Services and/or these Terms; and
7. the enforcement of these Terms.
   1. You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.
   1. We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information provided during the provision of our Service.
   1. This clause survives the termination of this Agreement.
8. NO DISPARAGEMENT
   1. At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our Services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.
   1. Should you breach this clause, you hereby indemnify us in accordance with clause 14 above.
9. FORCE MAJEURE
   1. We will not be in breach of these Terms or liable to you for any Loss as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.If a Force Majeure Event occurs, we will notify you in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
   1. References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
10. strikes, lock-outs or other industrial action;
11. civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12. fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
13. epidemic, pandemic, health emergencies, disease;
14. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15. interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
16. the acts, decrees, legislation, regulations or restrictions of any Government Agency;

however does not include a lack of funds.

1. References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
2. SEVERABILITY
   1. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
3. NO ASSIGNMENT
   1. You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
   1. We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.
4. SUB-CONTRACTING
   1. We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.
5. BINDING ON SUCCESSORS
   1. These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
6. DISPUTE RESOLUTION
   1. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.In the case of claims against us, all notices are to be provided to theluxepool@gmail.com.If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited. Once a mediator is appointed, the parties agree that:
      1. The costs of the mediator shall be borne equally between the disputing parties.The chosen mediator shall determine the procedures for mediation.The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
      If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
   1. This clause survives termination of these Terms.
7. APPLICABLE LAW
   1. These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.

• YOUR FEEDBACK
  • We welcome enquiries or feedback. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.  Please see our Privacy Policy for further details.
  • If you have questions or comments regarding our Services, please email us at theluxepool@gmail.com.

© Progressive Legal Pty Ltd – All legal rights reserved (2024). These Terms were last updated in September 2024.