TERMS OF USE

The Pool Xpert Web Site is available to you conditional upon your acceptance of these Terms of Use (“Terms”). By accessing the Web Site you are deemed to have agreed to the Terms.

MODIFICATION OF THESE TERMS OF USE

Pool Xpert may at any time modify the Terms and your use of the Web Site will be subject to the Terms in force at the time of your use.

LINKED SITES

The Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Pool Xpert and Pool Xpert is not responsible for the contents of any Linked Site and use or reliance on any Linked Site is undertaken at your own risk. When visiting Linked Sites you must refer to that Linked Site’s terms and conditions of use.   Pool Xpert is not responsible for webcasting or any other form of transmission received from any Linked Site. Pool Xpert is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pool Xpert of any Linked Site or any association with its operator.

NO UNLAWFUL OR PROHIBITED USE

You undertake that you will not use the Web Site for any purpose that is unlawful or illegal, or contrary to the Terms. In addition, you may not use the Web Site in any manner which may damage, disable, overburden, or impair the Web Site or interfere with any party’s use and enjoyment thereof.

MATERIALS PROVIDED BY YOU

Pool Xpert does not claim ownership of any materials you provide on the Web Site or post, upload, input or submit to the Web Site or its associated services (collectively “Submissions”). However, by doing so, you grant Pool Xpert permission to use your Submissions in the conduct of its business including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection therewith. No compensation will be paid for any such use. You warrant that all your Submissions are owned or controlled by you and that any such use by Pool Xpert is permitted. Pool Xpert may remove any Submission at any time in Pool Xpert’s sole discretion.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Copyright and all intellectual property rights in all materials, text, drawings and data made available by Pool Xpert on the Web Site are owned by Pool Xpert alternatively Pool Xpert is the lawful user thereof and is protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation or use of such materials or any part thereof will constitute an infringement of such copyright and other intellectual property rights.

All trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Web Site are protected registered or unregistered trademarks of Pool Xpert. Nothing contained on the Web Site is to be construed as granting you any licence or right to use any trademarks for any reason whatsoever.

DISCLAIMER

Pool Xpert makes no warranties, representations, statements or guarantees (whether express, implied in law or otherwise) regarding the Web Site and any of the information contained on or referenced by the Web Site including without limitation about the suitability, reliability, availability of any products or services. Accordingly the Web Site is made available and the information is provided to you on an “as is” basis.

Pool Xpert shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which might be suffered by you or any third party as a result of or attributable (directly or indirectly) to your access and use of the Web Site or any inability to access or use the Web Site or any functionality thereof or that of any Linked Site.

TERMINATION/ACCESS RESTRICTION

Pool Xpert reserves the right, in its sole discretion, to terminate or restrict your access to the Web Site and the related services or any portion thereof at any time, without notice.

JURISDICTION

The Web Site is controlled, operated and administered by Pool Xpert from its aforesaid offices within the Republic of South Africa. These terms shall be governed by the laws of the Republic of South Africa and you consent to the exclusive jurisdiction of the High Court of South Africa in the event of any dispute arising in connection with the Terms or any matter relating to or in connection therewith.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between Pool Xpert and you in relation to the subject matter hereof.

SERVICE CONTACT

If you need to contact Pool Xpert for purposes relating to these Terms, please use the following e-mail address: [info.officer@poolxpert.co.za]

These Terms were most recently updated on 30 January 2020.