Pozie - Terms and Conditions of Website Use
Please read the following terms and conditions of website use and disclaimers before using this
website. Importantly, please note that the use of this website is subject to your agreement to these terms of use. Should you not agree to these terms and conditions of website use you may not use this website.
General Conditions
The following General Conditions apply exclusively to the business relationship between “Hy-Clor Australia Pty LTD” and its website (hereinafter: “Pozie”, or “the site”) as well as our users, in the version applicable on the date of use. No terms and conditions set by the user will be recognised by Pozie that differ from these terms unless Pozie has agreed to their validity in writing. The user acknowledges and agrees that Pozie reserves the right, at its sole discretion, at any time, to change and without prior notice, amend or delete any provision of these terms and conditions. Any such change, amendment and/or modification will become effective immediately when posted on the website. You are solely responsible for informing yourself of any such change by regularly checking any changes to these terms and conditions. Your continued right to use our services is subject to your compliance at all times with these terms, as amended or modified and in effect at each such time. Your rights hereunder, including to and under your account with Pozie, are personal, and may not be used, shared or accessed by, or assigned or transferred to, any other person.
Errors, inaccuracies, and omissions
Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, without prior notice (including after submitting your order).
We undertake no obligation to update, amend or clarify information in the Pozie website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Pozie website should be taken to indicate that all information has been modified or updated.
Ownership of the content
The materials displayed on this site, including without limitation all information, text, materials,
graphics, software, advertisements, names, logos and trademarks (if any) on this site (“Content”) are
protected by copyright, trademark and other intellectual property laws unless expressly indicated otherwise. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly authorised in writing by Pozie. You may view this site using your web browser and save an electronic copy, or print out a copy, of parts of this web site solely for your own information, research or study, but only if you keep all content intact and in the same form as presented on this site (including without limitation all copyright, trademark and other proprietary notices and all advertisements). You must not use this site or the information on this site in any manner or for any purpose which is unlawful or in any manner which violates any right of Pozie or which is prohibited by the General Conditions.
Prohibited uses
In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using our Website or their content:
- For any unlawful purpose.
- To solicit others to perform or participate in any unlawful acts.
- To violate international, federal, provincial, or state regulations, rules, laws, or local ordinances.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- To submit false or misleading information.
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Pozie website, other websites, or the Internet.
- To collect or track the personal data of others.
- To spam, phish, pharm, pretext, spider, crawl, or scrape.
- For any obscene or immoral purpose.
- To interfere with or circumvent the security features of the Pozie website, other websites, or the internet.
Promotions
All promotions, advertisement or offers presented by Pozie are valid only if announced on the Pozie website or by authorised Pozie newsletter. Any commentary, information and other material provided on the website by Pozie are not intended to be advice on which any credibility can be placed. Pozie disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the Pozie website or by anyone who may be informed of any of its contents.
Disclaimer
It is recommended by Pozie that you seek professional on-site opinion from a local, qualified pool professional before purchasing products for your pool or spa. It is not possible for Pozie to know all details about your swimming pool or spa system. Pozie will accept no responsibility for items purchased which are not compatible or do not function with your swimming pool or spa system. All pool and spa equipment should always be installed by a qualified swimming pool or spa technician, and the buyer assumes all responsibility without exception.
Delivery
Pozie is committed to customer satisfaction and exceptional levels of delivery standards to our customers. Shipping policies and guidelines are covered in our Shipping policy available on our website. If you order an item that is out of stock, we will notify you within 72 hours by email or phone. If for any reason we are unable to ship within 14 working days we will notify you by email or phone within that period.
Return Policy
Pozie offers up to 30 day refunds on all purchases. For further details on our return policy please see the Return and Refund policy on our website.
Product Warranties
In the event you feel you have a defective product please fill in the warranty claim on our website per our Warranty Request Policy.
Pozie expressly disclaims liability for any injury, loss, or damage of any kind arising from the use or inability to use any item we sell.
Protection of Data
The protection of your data is important to Pozie and we are committed to protecting your privacy. Any information collected by Pozie about you will only be used lawfully. Pozie will collect information about you for the following purposes: Processing of an order you have placed; Managing an enquiry from and providing service to you; Managing warranty claims or returns. Information collected from you may include, your name; your address; your phone number; your email address. We have newsletters sent on occasion using this information and will give you the chance to opt out. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies, we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law.
External Links
The Pozie website may at times contain some links to other websites operated by third parties and these sites may likewise contain links to other websites. We conduct careful checks of these links, however we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their own content. We hereby expressly distance ourselves from all content of any and all websites linked to the Pozie website.
Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time, we may remove the service for indefinite periods or cancel the service at any time, without notice to you. You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Pozie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages; in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time, we may remove the service for indefinite periods or cancel the service at any time, without notice to you. You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Pozie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages; in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to identify, defend and hold harmless Pozie and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents that incorporate by reference or your violation of any law or the rights of a third party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions