Website Terms of Use

In these Terms of Use, “we”, “us” and “our” means D4 Data Pty. Ltd. (ABN 78 005 956 909), Unit 2, 29 Parrs Rd. Croydon Vic 3136, Australia. Please read these Terms of Use carefully as they apply to your use of the www.shop.poolgeni.com website (the “Website”). By accessing or using the Website you agree to be bound by these Terms of Use.

This Website is offered to you conditional upon your acceptance of these Terms of Use, and the associated Privacy Policy. Your use of and access to this Website constitutes your acceptance.

We may change the Terms and Conditions at our discretion and without notice. A version of the current Terms of Use will be available on the Website as they are changed. By continuing to use our website you accept the Terms of Use as they apply from time to time.

If you access this Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws in the place where you are located. 

1. Content on this Website

Material or information (“Content”) on the Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. We do not warrant the accuracy, completeness, or adequacy of the content in this Website. You should make your own enquiries before entering any transaction on the basis of the content on the Website. 

2. Copyright in material on the Website and restriction of use

You acknowledge that the Website is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”). Save and except for any third-party copyright included on the Website under a license or agreement, all the content of the Website and downloads from it, is owned by D4 Data Pty. Ltd. unless specifically noted otherwise. All rights reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any content may in any form or by any means (including electronic, mechanical, micro copying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

We grant you permission to do the following with the content unless otherwise indicated:

• store a reproduction of the content on your local computer for the sole purpose of viewing it,
• print hard copies of the content for non-commercial use or personal use only,
• reproduce or distribute any complete page of the content so long as:
  • you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document
  • you do not modify the copy from how it appears on the Website (unless we expressly authorize it)
  • the copyright notice appears in its entirety in each copy made or distributed, and
  • the content is appropriately attributed to us.

Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the Website including audio and video excepts without our prior written approval.

Subject to applicable law, we may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.

3. External links and advertisements

The Website contains links to websites maintained by other organizations over which we have no control. We do not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.

We make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which the Website is linked. You should refer to the relevant external site or advertiser for information on its products and / or services.

4. Linking to this Website

We encourage you to provide links to this Website. While you may use the name “The PoolGeni Shop” in the text of any such link, you may not use the D4 Data Pty. Ltd or the PoolGeni Shop logo or any of our other trademarks without our prior written consent. You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

5. General restrictions

In using the Website, you must not: (i)   violate any applicable laws; (ii)              use the Website for any purpose that is threatening, libelous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights; (iii) distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; (iv) collect or store personal data about other users of the Website; or (v) engage in any other conduct that inhibits any other person from using or enjoying the Website.

6. Warranties and liability

All express or implied warranties, representations, statements, terms and conditions relating to these Terms of Use or the Website that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.

In particular, and without limiting the previous paragraph: (i) while we endeavor to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website or the server from which it operates are free of viruses or other harmful components; and (ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.

Nothing in these Terms of Use excludes, restricts or modifies any term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Australian Trade Practices Act 1974 (Cth) and corresponding provisions of Australian state or territory legislation, which contain provisions including implied conditions and warranties which operate to protect the purchasers of goods and services in various circumstances.

If any term, condition or warranty is implied into these Terms of Use and we are able to limit your remedy for a breach of such a term, condition or warranty, then our liability for breach of the term, condition or warranty is limited to one or more of the following at our option: (i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms of Use or the Website, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to AUD$100. In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired, or supplied by us for a breach of the implied terms, conditions or warranties referred to above.

Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:  (i) special, indirect, consequential, incidental or punitive damages; or (ii) damages for loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

7. Indemnification

You agree to indemnify, defend, and hold us, our subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, harmless from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor’s fees) asserted by any third party due to or arising from or in connection with your use of content, or your conduct on the Website, or messages posted or transmitted by you on or through the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

8. Variation of the Website

We may from time to time and without notice, vary, modify, or discontinue, temporarily or permanently, any or all of the Website.                        

9. Privacy policy

You may be required to register before you can contribute to this website (e.g., post comments on the Website), this may involve providing your personal information to us or our nominated service provider. You agree that any registration information provided will be truthful and up to date.

Any personal information collected by us through your use of the Website will be dealt with in accordance with our Privacy Policy. Information collected by our nominated service providers may be subject to different terms; please refer to their privacy statement before providing your personal information.

By submitting content to the Website, you: (i) grant us a perpetual, worldwide, royalty free, irrevocable and transferable license in all media to use, reproduce, modify, adapt, publish and display the content for any purpose without compensation, restriction on use, attribution or liability; and (ii) warrant that the content is yours and does not (nor will our use of the content under the above license) infringe the rights or privacy of any third party.

The comments and content contributed by users of the Website does not necessarily reflect our views. While we use reasonable efforts to make sure such content is appropriate, we are not responsible or liable for the conduct of others.

Additional information about our privacy policy is available at: Privacy Policy Page

10. Force majeure

Neither party will be liable for any delay in performing any of its obligations under these Terms of Use if such delay is caused by circumstances beyond the reasonable control of that party.

11. General

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These Terms of Use are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

These Terms of Use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.

Your use of the Website is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.

The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.

The word “including” when used in these Terms of Use is not a term of limitation.