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Terms and conditions

Terms and conditions

The following terms of use apply to your use of the Aqua Pools & Spa Specialist website (aquapoolspaspecialists.com.au). Each time you access this website you agree to comply with, and be bound by, the terms of use and acknowledge that we may rely upon your agreement.

Information on this website

Except where stated otherwise, the information and services on this website are provided by Aqua Pools & Spa Specialist as at the date indicated on the relevant material.

Exclusion of Liability

Nothing in these terms excludes, restricts or modifies any condition, warranty or liability which may at any time be implied by the Trade Practices Act or any other applicable law where to do so is illegal or would render any provision of the Agreement void. Subject to this qualification, all express or implied conditions or warranties, statutory or otherwise, in respect of the Information supplied is expressly negated and excluded. You agree that Aqua Pools & Spa Specialist will not be liable for any damages or loss of any kind whatever (including, without limitation, any liability for consequential loss) arising out of the use by you of, or reliance by any person on the Information supplied whether arising from any act, omission, error, misstatement or failure (and whether negligent or not) of Aqua Pools & Spa Specialist, its officers, servants, agents or independent contractors or otherwise.


Copyright in the Information is owned by Aqua Pools & Spa Specialist. The Information may not be reproduced, distributed or published by anyone for any purpose without Aqua Pools & Spa Specialist's prior written consent.

General Data Protection Regulation (GDPR)

Aqua Pools & Spa Specialist is committed to ensuring that the collection and processing of your data, carried out from the site aquapoolspaspecialists.com.au, complies with the General Data Protection Regulation (GDPR). Each form or teleservice limits the collection of personal data to what is strictly necessary (minimization of data) and specifies:

  • what are the objectives of the data collection,
  • if this data is mandatory or optional for the management of your request,
  • who will have access to it (only Aqua Pools & Spa Specialist unless specified in the form when transmission to a third party is necessary to manage your request),

The personal data collected as part of the services offered on aquapoolspaspecialists.com.au are processed according to secure protocols and enable Aqua Pools & Spa Specialist to handle requests received in its computer applications.

For any information or to exercise your rights concerning the processing of personal data managed by Aqua Pools & Spa Specialist, you can contact Aqua Pools & Spa Specialist and if appropriate its Data Protection Officer (DPO), if distinguished.

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Disclosure of Interests

Aqua Pools & Spa Specialist, its related bodies corporate and their respective officers, directors and employees may from time to time purchase, sell, make a market in, or engage in transactions involving the securities or their related derivatives. Aqua Pools & Spa Specialist or its related bodies corporate may also act as advisers or brokers in relation to gold bullion, the shares or other investments. Aqua Pools & Spa Specialist's related bodies corporate may be entitled to receive or may have received a fee for the provision of such services. The directors and officers of Aqua Pools & Spa Specialist or its related bodies corporate may hold directorships in any company referred to in the Information. Aqua Pools & Spa Specialist or its related bodies corporate are under no obligation to disclose or take account of the Information when advising or conducting business with its clients. Aqua Pools & Spa Specialist and its related bodies corporate may act upon or make use of the information prior to its publication on this website.

Third party information

Any third-party advertising, information and referral buttons containing hyperlinks are not recommendations or endorsements by Aqua Pools & Spa Specialist or its respective directors, affiliates or employees. The user is referred to the relevant third party for all relevant information, including complete information on that entity's investment adviser or dealer licensing status and licence number (if applicable).

Collection of Personal Information

We may collect personal information which is willingly provided by users while exploring the website. The type of information collected may include your name, contact information, web pages visited, documents accessed and internet address. We do not collect any sensitive personal information without your explicit consent to the collection and use of such information.

Security of Personal Information

We will not sell, rent or share our database of information. We may disclose information to third parties with your consent in order to process your information requests. We keep information and web server logs on controlled facilities that are secured against unauthorised access. Proof of identity is required before information is released to any person.

Acceptance of Terms of Use

By moving on to any other part of this website you agree that you have read, understood and will be bound by the Terms of Use and that you will carefully read the disclaimers and notices appearing at other parts of this website.

Terms and Conditions of Sale:

Price changes

Aqua Pool & Spa Specialists reserves the right to alter prices without prior notice.


Payments of goods purchased on credit must be made within the Terms stated on the invoice. Overdue accounts may incur an interest charge at the rate of 1.5% per month, at Aqua Pool & Spa Specialists' discretion. Aqua Pool & Spa Specialists reserves the right to require Prepayment where there has been a failure to meet the terms of credit previously provided.

Returned goods

Goods returned for credit by prior arrangement must be accompanied with a receipt of payment. Returns may be subject to a handling charge at Aqua Pool & Spa Specialists' discretion according to the circumstances. Aqua Pool & Spa Specialists will not be responsible for the freight charges for the return of such goods.

Ownership of goods

Risk in all goods supplied by Aqua Pool & Spa Specialists to the customer shall pass when goods are delivered to the customer

However, ownership of the goods in all cases shall be retained by Aqua Pool & Spa Specialists until payment is received in full for such goods and for all goods supplied by Aqua Pool & Spa Specialists to the customer. Until payment is made, the customer will hold the goods as fiduciary bailee and agent for Aqua Pool & Spa Specialists, the agency being solely for the purpose of accounting for sale proceeds.

In the event that the customer fails to make payment within the due time as stipulated by Aqua Pool & Spa Specialists, Aqua Pool & Spa Specialists shall have the right to enter upon the premises of the customer and to regain possession of the said goods. In the event that such goods are sold by the customer prior to payment thereof, or if they shall become constituents of other goods, then the proceeds of sale thereof shall be the property of Aqua Pool & Spa Specialists.

Intellectual Property

The purchaser must not use Aqua Pool & Spa Specialists intellectual property (Trade Marks / Logos / Images) without Aqua Pool & Spa Specialists written permission.

Compliance with Privacy Law

Where a party discloses to the other party any Personal Information, the recipient must:

 comply with the Privacy Law in respect of its holding, use, and disclosure of that Personal Information. In the case that recipient is not bound by the Privacy Law, the recipient must treat such Personal Information in the same manner as the if recipient was bound by the Privacy Law;

(ii) use the Personal Information only for the purposes of fulfilling its obligations under this Agreement;

(iii) acknowledge that if the recipient breaches the Privacy Law, the disclosing party may be held to be in breach of the Privacy Law, and accordingly recipient warrants to the disclosing party that it or its agents will not act in any way, or fail to take relevant action so that recipient contravenes the provisions of the Privacy Law;

Each party warrants that it has in place:

 a system to detect and report when an event has occurred that may give rise to reasonable grounds to suspect an Eligible Data Breach has occurred; and

(ii) a system to investigate and assess a suspected Eligible Data Breach within 30 days of becoming aware of a suspected breach, including a documented procedure for making an evaluation of each investigation.

(c) In the event of a suspected Eligible Data Breach the breached party will notify the other and cooperate to minimise loss of goodwill, including liaising on client communications.

(d) The breached party indemnifies the other for any loss of data resulting from an Eligible Data Breach where the OAIC determines the breached party did not comply with the Privacy Act, or, if no determination is formally made by the OAIC, a court of competent jurisdiction so determines.

(e) For the purposes of this clause, Eligible Data Breach has the meaning set out in section 26WE of the Privacy Act.

Personal Information has the same meaning as the given in the Privacy Act 1988 (Cth).

Privacy Law means the Privacy Act 1988 (Cth) and any legislation (to the extent that such legislation applies to either party or any other recipient of Personal Information) from time to time in force in any Australian jurisdiction (which includes the Commonwealth of Australia and any State or Territory of Australia) affecting privacy, personal information or the collection, handling, storage, processing, use or disclosure of personal data.

Shop 3/ 5 Napier St,

Rye, VIC 3941

(03) 5985 1913