Access to and use of the Virtual Pool Store Web site and the products and services available through this Web Site are subject to the following terms of use.

You should read and familiarise yourself with these Terms of Use before you use Virtual Pool Store. By using this Web Site, you expressly agree to these Terms of Use as they are amended from time to time and you acknowledge that you have read and understood them. You also agree that any information that you provide to us will be true, accurate, current and complete and that you will maintain and properly update your personal profile as required.

 

You should always check this page prior to using the Site to make sure that you have a current understanding of the Terms of Use. If you do not agree with these Terms, you must discontinue your use of this site.

This site operates under the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location.

If you are unsure about any information on this site, simply contact Virtual Pool Store for clarification.

The material on this site is published by us and is intended for use in Australia. We make no claim that the information contained on this site is appropriate or may be downloaded legally outside Australia. If you access this Web Site from outside Australia, you do so at your own risk and you are responsible for compliance with the laws in your respective jurisdiction.

 

This site is a business and commercial site. It is, therefore, not intended for persons under the age of 18. If you are under 18, you should speak to your parents, your guardian, or a responsible adult and obtain their permission to use this site.

The words “we” and “us” mean Virtual Pool Store and the words “you” and “your” refer to users of this Web Site.

“Customer” means the person, business or company that is the purchaser of the products.

“Products” means any products or services (where applicable) supplied to Customer by Virtual Pool Store and described in Virtual Pool Store’s invoice.

“VPS” means 4Blue Pty Ltd ATF eBlue Trust and eIntegrations Pty Ltd ATF eIntegrations T/AS Virtual Pool Store (ABN 71 305 349 780) 

All orders for Products placed by Customer are subject to acceptance by VPS, and no order will be deemed to have been accepted by us unless Products are supplied or a back-order or delivery delay is confirmed in writing by an authorised representative of VPS to Customer.

 

VPS may reject any order placed by Customer if there is an insufficient supply of Products which prevents us from being able to fulfil such orders.

 

VPS will not be bound by any terms attaching to Customer’s order, and unless those terms are expressly agreed to in writing by an authorised representative of VPS, Customer agrees that those terms are hereby excluded.

The price of the Products will be VPS’ quoted price. Payment is required prior to delivery of the Products to Customer unless agreed otherwise in writing by an authorised officer of VPS. If Customer fails to make payment in accordance with this after demand for payment by VPS, all amounts owing by Customer to VPS on any account will immediately become due and payable together with legal costs of enforcement.

 

VPS may, in its sole discretion:

• Suspend the provision of credit to Customer until all amounts owing are paid for in full; and
• From time to time and at any time, vary or cancel any credit facility it makes available to Customer.

Customer will be liable to pay interest on nay overdue amount at the annual rate of 2% above the prevailing base lending rate quoted by the Westpac Banking Corporation. Interest will accrue daily from the date payment became overdue until VPS has received payment of the overdue amount, together with any interest accrued.

 

Unless state otherwise in these Terms (or in writing by VPS’ authorised representative), all prices quoted f or Products are exclusive of all taxes, handling, delivery, agents’ charges and any other charge, duty or impost.

 

Customer must pay VPS, on demand, any tax (other than income tax) payable under these Terms, any matter or thing done under these Terms or any payment, receipt of other transaction contemplated by these Terms, including any goods and services or value-added tax, customs duty, sales tax, excise duty, stamp duty, other duty, governmental charge, fee, levy or impost, together with any fine, penalty or interest payable because of a default by Customer.

Delivery times advised to Customer are estimates only and VPS will not be liable for any loss, damage or delay suffered or incurred by Customer or its customers arising from late or non-delivery of the Products.

VPS may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products upon these Terms.

Customer must in the case of all Products ordered, inspect such Products upon delivery to Customer’s premises and within 7 days of delivery give written notice to VPS of any matter or thing by which Customer alleges that the Products do not accord with Customer’s order. Failing such notice and to the extent permitted by law, the Products will be deemed to have been accepted by the Customer.

Products supplied by Virtual Pool Store to Customer will be at Customer’s risk immediately upon:

• Delivery of the Products to the Customer, Customer’s agent or into the Customer’s custody or control; or
• Collection of the Products by the Customer’s nominated carrier or agent.

The Customer must:

• Effect and maintain with a reputable insurance company insurance for the Products, at its costs, against all risks as it thinks appropriate;
• Note the interest of VPS on the insurance policy; and
• Produce a certificate of currency of the insurance effected by Customer to VPS upon request.

Risk in the Products will remain with Customer at all times unless VPS retakes possession of the Products. Title in the Products supplied by VPS to Customer will not pass to Customer and will remain the absolute property of VPS until such time as VPS has been paid by Customer all monies due and owing to it by the Customer in relation to any account. Title to those Products remains with VPS and/or the applicable third party licensor(s) at all times.

 

Until the Products have been paid for:

• Customer must properly segregate and store the Products in such manner as to clearly indicate that they are the property of VPS; and
• Customer may sell the Products and shall keep records of the Products in the ordinary course of its business as fiduciary agent for VPS and Customer agrees to deposit all proceeds of any such sale (including any proceeds received from any insurance claims) in a separate bank account and agrees not to mix the proceeds with any other monies and hold the monies on trust for VPS and shall immediately account for such proceeds to VPS.

If Customer has breached these Terms or the terms of any relevant Sales Contract, Customer authorises VPS, at any time, to enter onto any premises upon which VPS’ Products are stored to enable VPS to:

• Inspect the Products; and/or
• Reclaim the Products.

If Customer sells, disposes of or otherwise deals with Products or any part thereof before full payment has been received by VPS, Customer must advise VPS in writing, at such times as VPS may request, specifying full details of the Products sold, disposed of, utilised or otherwise dealt with.

 

Customer acknowledges that in the case of software Products, any refusal or failure to pay may result in cancellation of licence to use the software Product. Customer agrees that the provisions herein apply despite any arrangement under with VPS grants to Customer.

If the performance of VPS’ obligations under these Terms or any relevant Sales Contract is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of VPS, VPS will give notice of such cause to Customer and after 60 days from the receipt by Customer of such notice, either party may terminate the relevant Sales Contract without penalty.

Without prejudice to any of VPS’ other rights under these Terms, if customer fails to make any payment due to VPS under these Terms, VPS may, In its sole discretion, and without further liability to Customer:

• Refuse to make further supplies to Customer under the relevant Sales Contract; and/or
• Terminate the Sales Contract without notice.

The customer agrees that these Terms shall give rise to an interest in land thereby enabling VPS to lodge a caveat against the title to any land owned partly or wholly by the Customer, in order to protect and secure the interests of VPS under these Terms and under any Sales Contract.

In the event that VPS lodges a caveat against any land owned partly or wholly by the Customer, the Customer hereby irrevocably agrees to endorse its consent upon any relevant forms of documents to enable the lodgement and timely registration of any such caveat by VPS.

To the extend permitted by law, VPS will not be liable to Customer or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by Customer, whether such liability arises directly or indirectly as a result of:

• Any negligent act or omission or wilful misconduct of VPS or its employees or agents;
• The supply, performance or use of any Products or services; or
• Any breach of VPS of its obligations under these Terms or any relevant Sales Contract.

If any Products are supplied to Customer on credit, VPS may need to disclose to a credit reporting agency certain information about Customer when assessing Customer’s application for credit and managing Customer’s account with VPS. Customer authorises VPS to disclose such information to a credit reporting agency for these purposes.

Subject to VPS’ obligations under the Privacy Act 1988 (Cth) as amended and any other applicable laws, VPS may provide information to a credit reporting agency to obtain a consumer credit report about Customer or to allow the credit reporting agency to obtain a consumer credit report about Customer or to allow the credit reporting agency to create or maintain a credit information file about Customer. Customer agrees that VPS’ insurers for the purpose of assessing Customer’s purposes of assessing Customer’s creditworthiness or to collect any overdue payments (as the case may be).

 

VPS may disclose the following information relating to Customer:

• Customer’s name and address;
• Credit limits on Customer’s accounts;
• The amount of any payments which are overdue for at least 60 days;
• Where an overdue payment has been previously reported, advice that the payment is no longer overdue;
• Any method of payment including, but not limited to, cheques, electronic funds transfer, Bpay, credit card payments which have been dishonoured;
• Information that in the opinion of VPS, Customer has committed a serious credit infringement; and
• Information that VPS has ceased to supply the Products and services to Customer.

Customer agrees that VPS may obtain information about Customer from any business which provides information about the commercial creditworthiness of persons for the purposes of assessing Customer’s application to purchase the Products on credit and collecting any overdue amounts.

 

VPS may refuse to supply the Products to Customer on credit on the basis of VPS’ credit assessment of Customer.

The information, materials and services contained on this site are provided to you "as is" and "as available". By provision of the site and the information, materials and services contained herein we do not provide professional advice or services. All tips and hints and suggestions should not be relied upon; you should not act on the basis of anything contained on this Web Site without first obtaining specific professional advice.

 

We do not warrant or guarantee the accuracy, adequacy or completeness of this information and materials, and expressly disclaim liability for any errors and/or omissions in this information and materials. To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representations regarding the security of accounts, or that this site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.

 

To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with (1) use of this site, or the inability to use this site by any party; or (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or (3) line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

 

VirtualPoolStore accepts no liability or implied liability in relation to the following:

• Incorrect Information: Either via the web site, written or verbal is provided as a guide only.  Confirmation of technical information should be sought from the specific manufacturer or authority.
• Incorrect Pricing:  We reserve the right to refuse a sale of an item with incorrect prices due to software or data entry errors.
• Pricing Policy:  We reserve the right to change prices without notice and to refuse a sale if stock is not available to us.

Unless otherwise indicated, all Web Site design, text and graphics is Copyright 1999-2007 Virtual Pool Store. All rights reserved. None of the material may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purpose unless such use is expressly permitted by us or by applicable copyright laws.

 

To the extent necessary in order to lawfully access and use the services available on this Web Site, you are granted permission to display, download, save and to print portions of this web site for non commercial use only provided that the materials are not modified and any reproduction contains all copyright and other proprietary notices contained in the materials.

 

If you wish to establish a link to this website you must, in the first instance, use the Contact Us Link and provide the following information:

(i) the URL of the website that you seek to establish a link from;
(ii) a brief description of your website; and
(iii) the reason that you wish to establish a link

All trade names, brand names, trade symbols, logos, slogans, trade marks or services marks followed with an asterisk are trademarks or proprietary interests of Virtual Pool Store. There are other trade names, brand names, trade symbols, logos, slogans, trade marks, service marks, brand names, company names, logos, slogans, trade marks or service marks indicated on the Virtual Pool Store Web Site that are the property of their respective owners.

This Virtual Pool Store Web Site may contain a number of links to other Internet Sites including, without limitation, Merchant Partner Sites or other affiliation sites, and sites that may provide advice or other goods and services which are operated by third party vendors. The provision of the link does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through the associated Web Sites. By utilising these links, you acknowledge and agree that we are not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that we are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.

Any customer dispute arising in connection with these Terms of Use or in connection with your use of the Virtual Pool Store Web Site which cannot be resolved by good faith negotiations between us shall be referred to mediation or to arbitration by agreement between us.