TERMS AND CONDITIONS

Welcome to the website (the “Site”) for Sassella Pools Pty Ltd (“”Dealer,” “we” or “us”).

The content on the Site is owned by Sassella Pools Pty Ltd and/or Explore Industries Australia Pty Ltd atf Explore Industries Australia Unit Trust or its’ affiliated companies (together, “Explore”). To the extent permitted by applicable law, Explore is entitled to enforce these Terms and Conditions. Please read these Terms and Conditions contained on the Site, as they, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement regarding the Site and set forth the legally binding terms governing your visit to the Site. These Terms and Conditions apply to all persons who visit the Site (“Visitors”), regardless of your level of participation.

By using the Site, you agree that you have read, understood and accepted the following terms and conditions (“Terms and Conditions”), and you affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions and to abide by and comply with these Terms and Conditions.

By using the Site you agree that you have read, understand and accept the following terms and conditions (“Terms and Conditions”), and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, OR REPRESENTATIVE ACTION. PLEASE READ THE SECTION TITLED “GOVERNING LAW; JURISDICTION; CLASS ACTION WAIVER AND ARBITRATION” BELOW TO LEARN MORE.

RESTRICTIONS

By using the Site, you agree that you will not use the Site for any purpose that is unlawful or in contravention of these Terms and Conditions. Dealer reserves the right to change these Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using the Site. Continued use of the Site following the effective date of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the amended Terms and Conditions. Dealer may cease all or part of the Site at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions, please do not use the Site.

NOTICE AND DISCLAIMER REGARDING EXPLORE INDEPENDENT DEALERS

Our business is independently owned and operated and sells products manufactured or supplied by Explore under a licence from Explore. Our business is not owned by, or an agent of, Explore or any of its affiliates and we have no right or authority to bind Explore or its affiliates to any agreement, contract or undertaking. To the extent permitted by applicable law, neither Explore nor any of its affiliates is responsible or liable for our actions or omissions or any related damage to persons, property or Explore Products. For further information regarding the relationship between our business and Explore, please visit https://exploreindustries.com/terms-of-use/.

TRADEMARK NOTICE

Our business is an authorised licensed user of certain Explore trademarks, which trademarks are owned by Horizon Marketing Limited, an Explore affiliate. These trademarks include, but are not limited to, product brand names, slogans, logos and emblems. The unauthorised use of any trademark or logo displayed on the Site is strictly prohibited.

INFORMATION AND ILLUSTRATIONS

We provide the following Notice and Disclaimer to buyers in respect of the information and illustrations regarding Explore products contained on the Site and/or in any brochures, information sheets and/or marketing material (hereinafter referred to as “Published Information”):

  • Measurements and dimensions of all Explore products (including but not limited to swimming pools, spas, water features, equipment, testing results and any other reference contained in Published Information) may vary from what is contained in Published Information to the actual measurements and/or dimensions of Explore Products.
  • Colours and finishes of all Explore products (including but not limited to swimming pools, spas, water features, equipment and any other reference contained in Published Information) may vary from what is contained in Published Information to the actual colours and finishes of Explore Products. Colours and finishes displayed on the Site on your computer or device may appear different in person.
  • All information contained in articles, blogs, forums, customer testimonials, certificates of recommendation, dealer pages and any other Published Information may contain inaccuracies or typographical errors. Dealer and Explore reserve the right to correct and change such information at any time.

Nothing in this section excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law or, in New Zealand, the Fair Trading Act 1986 or Consumer Guarantees Act 1993.

POOL BUILDS

The ratio and type of raw materials used in pool builds may change from time to time based on supply. However, these changes do not affect the applicable Limited Warranty or any rights or remedies that cannot lawfully be excluded.

CHANGES TO THE SITE

We and Explore reserve the right to change, modify, suspend, discontinue or permanently cancel the Site’s operation or portions thereof without notice to you, including but not limited to product specifications or prices, at any time and from time to time without incurring any obligations, subject to applicable law. Your use of the Site after any changes are posted will be considered acceptance of such changes.

PRIVACY

For an explanation of our policies and practices regarding personal information that we may collect from you in connection with your use of the Site, you should review our Privacy Policy.

INDEMNITY AND HOLD HARMLESS

To the extent permitted by law, by using the Site you agree that you will indemnify and hold harmless us and Explore, and our and their respective advertising and promotions agencies, employees, agents, directors, officers and shareholders, from and against liabilities, claims, damages and reasonable legal costs arising directly out of your unlawful use of the Site or your material breach of these Terms and Conditions. This indemnity does not apply to the extent that any liability, claim, damage or cost was caused or contributed to by the negligence, fraud, wilful misconduct or breach of law of the person seeking the benefit of the indemnity.

DISCLAIMER

We may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time.

This Site and all the information it contains are provided for information purposes only on an “as is” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment.

Neither we nor Explore is responsible for the content of any third-party website linked to the Site and we are not directly or indirectly implying any approval, endorsement or affiliation with any linked website.

NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES, RESTRICTS OR MODIFIES ANY CONSUMER GUARANTEE, RIGHT OR REMEDY CONFERRED BY LAW THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED, INCLUDING UNDER THE AUSTRALIAN CONSUMER LAW OR, IN NEW ZEALAND, THE FAIR TRADING ACT 1986 OR CONSUMER GUARANTEES ACT 1993.

SUBJECT TO THOSE NON-EXCLUDABLE RIGHTS, YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS OF OUR BUSINESS AND EXPLORE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE OF IT. NEITHER WE NOR EXPLORE, NOR OUR RESPECTIVE INFORMATION PROVIDERS AND THEIR AGENTS, MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE OR, TO THE FULLEST EXTENT PERMITTED BY LAW, ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, EXCEPT TO THE EXTENT CAUSED BY OUR OR EXPLORE’S NEGLIGENCE OR BREACH OF LAW, (III) UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. NEITHER WE NOR EXPLORE WARRANTS, ENDORSES, GUARANTEES OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER WE NOR EXPLORE WILL BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER WE NOR EXPLORE, NOR OUR RESPECTIVE INFORMATION PROVIDERS OR THEIR AGENTS, IS PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELLING, ACCOUNTING, INVESTMENT, FINANCIAL OR OTHER PROFESSIONAL SERVICES OR ADVICE.

GOVERNING LAW; JURISDICTION; CLASS ACTION WAIVER AND ARBITRATION

If Dealer is incorporated or registered in Australia, these Terms and Conditions are governed by the laws of the Australian State or Territory in which Dealer has its principal place of business, without regard to conflict of law principles. If Dealer is incorporated or registered in New Zealand, these Terms and Conditions are governed by the laws of New Zealand. Any claim or controversy arising out of or related to these Terms and Conditions shall be resolved as set forth below.

Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before commencing court or tribunal proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.

Court or Tribunal Proceedings
f the Parties are unable to resolve a Dispute through informal negotiations, either Party may commence proceedings in a court or tribunal with jurisdiction to determine the Dispute.

If Dealer is incorporated or registered in Australia, the Parties submit to the non-exclusive jurisdiction of the courts and tribunals of the Australian State or Territory in which Dealer has its principal place of business and any Commonwealth court having jurisdiction.

If Dealer is incorporated or registered in New Zealand, the Parties submit to the non-exclusive jurisdiction of the courts and tribunals of New Zealand.

Nothing in this section prevents either Party from seeking urgent interlocutory or injunctive relief, commencing proceedings to preserve a limitation period, exercising any right under applicable consumer law, or referring a matter to a regulator or other body with jurisdiction.

Each Party shall bear its own legal fees and costs incurred in connection with the informal resolution of any Dispute. Any legal fees or costs incurred in court or tribunal proceedings shall be determined in accordance with the applicable law and rules of that court or tribunal.

MISCELLANEOUS

If any complaint with us is not satisfactorily resolved, you may contact the relevant consumer protection authority or tribunal in your Australian State or Territory or, in New Zealand, the relevant consumer protection authority or the Disputes Tribunal. You may also contact us by writing to Sassella Pools Pty Ltd, 21 Lockyer Street , Merewether NSW 2291, Australia, by emailing [email protected] or by calling 401078917.

MISCELLANEOUS

These Terms and Conditions, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement regarding the Site and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.