Terms and Conditions of Use
Welcome to the Blue Haven Pools & Spas website. By accessing and using this website, you agree to be bound by these Terms and Conditions of Use ("Terms"). If you do not agree to these Terms, please do not use this website.
1. Acceptance of Terms
Blue Haven Pools & Spas provides its services to you subject to the following Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time on this page.
2. Description of Services
Blue Haven Pools & Spas offers a range of services including custom pool design, pool construction, pool renovation, pool maintenance, retail sales of pool equipment and chemicals, spa installation, and spa maintenance. Information regarding these services is available on this website.
3. Intellectual Property
All content included on this website, such as text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of Blue Haven Pools & Spas or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this website is the exclusive property of Blue Haven Pools & Spas and protected by Australian and international copyright laws.
4. Use of Website
You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the website. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
5. Disclaimer of Warranties and Limitation of Liability
This website is provided by Blue Haven Pools & Spas on an "as is" and "as available" basis. Blue Haven Pools & Spas makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk.
To the full extent permissible by applicable law, Blue Haven Pools & Spas disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Blue Haven Pools & Spas does not warrant that this website, its servers, or e-mail sent from Blue Haven Pools & Spas are free of viruses or other harmful components. Blue Haven Pools & Spas will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6. Indemnification
You agree to indemnify, defend, and hold harmless Blue Haven Pools & Spas, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
7. Governing Law
These Terms and your use of this website shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any principles of conflicts of law.
8. Disputes
Any dispute relating in any way to your visit to this website or to products you purchase through Blue Haven Pools & Spas shall be submitted to confidential arbitration in New South Wales, Australia, except that, to the extent you have in any manner violated or threatened to violate Blue Haven Pools & Spas' intellectual property rights, Blue Haven Pools & Spas may seek injunctive or other appropriate relief in any state or federal court in the state of New South Wales, Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Australian Centre for International Commercial Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
9. Site Policies, Modification, and Severability
Please review our other policies posted on this website. These policies also govern your visit to Blue Haven Pools & Spas. We reserve the right to make changes to our website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
10. Contact Information
Blue Haven Pools & Spas 12 Seabreeze Parade, Suite 2, Sydney, New South Wales, 2000 Australia
