Terms and Conditions of Use (Website)

1 Introduction

This website is published by Rainwise Pools Melbourne Pty Ltd ABN 31 120 553 808 1113-1123 Sydney Road, Coburg, VIC, Australia (Rainwise Pools Melbourne, we, our). By accessing this site, you accept these Website Terms of Use (Terms).

If you have any questions about these Terms or the use of our website, please call our office on (03) 9354 9666, or send us an email at info@rainwisepoolsmelbourne.com.au.

2 Intended Geographical Scope

This website and its contents are only intended for access by persons located in Australia and the laws of that country.  We make no representation that the content and operation of this website will comply with any foreign law.

3 Lawful Use

You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by others.

4 Exclusions of Liability and Disclaimers

Subject to non-excludable rights under the Australian Consumer Law, Rainwise Pools Melbourne Pty Ltd, its representatives and associated agents are not liable for any loss whatsoever (direct, indirect, “consequential” or other) which may arise in connection with the use of this website or a Linked Website or from the use of the information, services, links or material contained on this website, or from an inability to use this website howsoever caused. Consequential losses may include, but are not limited to, loss of revenue, loss of profit or anticipated profit, downtime, lost production, loss of reputation, loss of opportunity, loss of anticipated savings or wasted overheads and other losses, whether foreseeable or not. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

The materials and information provided on this website and related communications are provided “as is”.  Rainwise Pools Melbourne assumes no responsibility for, and makes no representations to you or any other person, as to the accuracy or completeness of the information on this website.

We cannot guarantee that our website will be bug-free or error-free, nor that it will not be down on occasions due to essential maintenance or technical difficulties. Therefore, we do not warrant that the website will be error-free or that it will be available at any given time or on any given day. While we endeavour to keep our website free from viruses and other malware, we strongly recommend that you use adequate protection against viruses and malware (e.g. using virus scanners).  Rainwise Pools Melbourne does not accept responsibility for any loss, disruption or damage to your data or your computer system which may occur while viewing or otherwise using our website.

5 Linked Websites

Our website may contain hyperlinks to other websites (Linked Websites).  Rainwise Pools Melbourne does not control the content of linked websites nor does it control the third parties operating those websites.  We therefore accept no responsibility for the content, availability or operation of any linked website. Further, Rainwise Pools Melbourne may include images that are not representative of the goods sold within our premises. Many images seen upon our website have been sourced from free, copyright-free, royalty-free sources for marketing purposes only. They do not accurately represent our goods sold within our premises and we do not take any liability to any confusion caused to persons.

6 Intellectual Property

Rainwise Pools Melbourne owns or licenses all intellectual property rights in this website and its content, including, but not limited to, the text, logos, graphics, photographic images, moving images, designs, or other material, including the program and code that operates this website (Content) which are protected by copyright or other proprietary rights. You agree that the Content is protected by the laws relating to copyright, trademarks and intellectual property generally.

The Rainwise Pools Melbourne name, logo and all product names and/or product images on this website are trade marks (registered or unregistered) of Rainwise Pools Melbourne, its subsidiaries, affiliates, licensors or joint venture partners.

Except as expressly provided in these Terms, nothing set out in these Terms shall be construed as conferring on you any licence or right, by implication, estoppel or otherwise, under copyright or other intellectual property laws.  You must obtain the prior written consent of Rainwise Pools Melbourne before you download, print, copy, reproduce or adapt (by electronic means or otherwise) any of the Content, except where allowed under Australian law, in which case Rainwise Pools Melbourne must be acknowledged as the source of the Content.

7 Termination

Rainwise Pools Melbourne may terminate these Terms and your access to our website at any time without notice. In the event of termination you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in these Terms will survive.

8 Governing Law

These Terms are governed by the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that State.