Policies & Terms of Service

1. Introduction and Acceptance of Terms

These terms and conditions (“Terms”) govern: (a) your use of the website located at sydneypoolcleaners.com.au (the “Website”); (b) your purchase of products through our online store (the “Store”); and (c) your engagement of Sydney Pool Cleaners Co. (ABN 57 694 210 538), trading as “Sydney Pool Cleaners” (“SPC”, “we”, “us”, “our”), to provide pool cleaning, maintenance, repair, and related services (the “Services”).

By accessing or using the Website, placing an order through the Store, or accepting a quote or booking for Services, you (“you”, “your”, the “Customer”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or Store, and do not engage our Services.

These Terms apply in addition to, and do not limit, any right, remedy, or guarantee you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“ACL”) or any other law that cannot be excluded, restricted, or modified by agreement.

We may update these Terms from time to time — see clause 13 (Changes to These Terms).

2. Definitions

• Order means a request to purchase Products through the Store.

• Products means goods sold through the Store, including pool chemicals, equipment, and accessories.

• Quote means a price estimate provided by SPC for Services, whether written, emailed, or verbal.

• Recurring Maintenance Plan means an ongoing arrangement for SPC to provide pool cleaning and maintenance Services on a regular, recurring basis.

• Service Address means the property where Services are to be carried out.

• Services means pool cleaning, maintenance, repair, installation, and related services provided by SPC.

 

 

3. About Us

Sydney Pool Cleaners Co. (ABN 57 694 210 538) trades as “Sydney Pool Cleaners” and services the Hills District and greater Sydney metropolitan area, New South Wales.

You can contact us at info@sydneypoolcleaners.com.au or via sydneypoolcleaners.com.au. See clause 16 for full contact details.
 

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4. Website Terms of Use

4.1 Licence to Use the Website

We grant you a personal, non-exclusive, non-transferable, revocable licence to access and use the Website for its intended purpose — browsing our Services and Products, requesting quotes, and making purchases.

4.2 Intellectual Property

All content on the Website — including text, graphics, logos, images, and software — is owned by or licensed to SPC and is protected by Australian copyright and trade mark law. You must not reproduce, copy, modify, distribute, or create derivative works from any part of the Website without our prior written consent.

4.3 Accuracy of Information

We take reasonable care to keep information on the Website — including pricing, product descriptions, and service information — accurate and up to date, but we do not warrant that it is complete or error-free. We may correct errors, and update pricing or availability, at any time without notice, except where the law requires otherwise.

4.4 Acceptable Use

When using the Website, you must not: use it for any unlawful purpose; introduce viruses or other malicious code; attempt to scrape, harvest, or extract data without our consent; interfere with or disrupt the Website's operation; impersonate any person or entity; or infringe our or any third party's intellectual property rights.

4.5 Third-Party Links

The Website may contain links to third-party websites. We do not endorse and are not responsible for the content, accuracy, or practices of any linked third-party site.

4.6 Availability and Changes

We may modify, suspend, or discontinue the Website (or any part of it) at any time without notice. We are not liable for any loss arising from the Website being unavailable.

 

 

5. Online Store — Purchase of Products

5.1 Product Information

Product descriptions and images are provided as a guide. Colours, packaging, and finishes may vary from what is shown. While we take reasonable care to ensure accuracy, we do not guarantee that descriptions or images are entirely free of error.
 

5.2 Pricing

Prices are displayed in Australian dollars and are inclusive of GST unless stated otherwise. Prices may change at any time without notice; the price that applies to your Order is the price displayed at the time you place it.

5.3 Orders and Acceptance

Placing an Order is an offer to purchase, which we may accept or decline. A binding contract is formed only when we confirm your Order (for example, by sending a dispatch confirmation or invoice). We may decline or cancel an Order — for example, due to a pricing or listing error, stock unavailability, or suspected fraud — and will refund any payment already made for that Order.

5.4 Payment

Payment is due at the time of placing an Order, unless a trade account or other payment arrangement has been agreed with us in writing. Ownership of Products does not pass to you until we have received payment in full.

5.5 Delivery and Pickup

Delivery and pickup timeframes are estimates only and are not guaranteed. Risk in the Products passes to you on delivery or collection. We are not liable for delays caused by circumstances beyond our reasonable control (see clause 11, Force Majeure).
 

5.6 Returns, Refunds and Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy available to you under the ACL. Where a Product has a major failure, you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage; where a failure is not major, you are entitled to have the Product repaired or replaced within a reasonable time, or to a refund at our option.

Outside of your ACL rights, we may, at our discretion, accept a change-of-mind return within 14 days of delivery, provided the Product is unused, unopened, and in its original packaging. Return shipping for a change-of-mind return is at your cost; it is free where the Product is faulty or not as described. Contact info@sydneypoolcleaners.com.au to arrange a return.
 

5.7 Product Warranties

Where a Product carries a manufacturer's warranty, we will pass on the benefit of that warranty to you where reasonably possible. Beyond your rights under the ACL and any applicable manufacturer warranty, we are not liable for faults caused by misuse, incorrect installation by a person other than SPC, or normal wear and tear.

 

 

 

6. Pool Cleaning, Maintenance and Repair Services

6.1 Quotes

Quotes are valid for 30 days unless stated otherwise, and are based on the information and site access you provide. A Quote may change if, once we inspect the Service Address, actual conditions differ from what was described (for example, undisclosed equipment faults or access issues) or pre-existing conditions become apparent at any point throughout the completion of work.

6.2 Booking and Confirmation

A booking is confirmed once you accept a Quote or we confirm an appointment time with you, whether by phone, SMS, email, or through the Website.

6.3 Site Access and Your Obligations

You must ensure safe and reasonable access to the pool and related equipment at the scheduled appointment time, and must secure any pets. You must disclose, to the best of your knowledge, any known faults, prior repairs, chemical history, or warranty conditions affecting the pool or its equipment. If safe access is not available at the scheduled time, this will be treated as a late cancellation under clause 6.4.

6.4 Cancellations and Rescheduling

You may cancel or reschedule a booked one-off service (a clean, repair, or installation) at no charge, provided you give us at least 24 hours' notice before the scheduled appointment time. If you cancel or reschedule with less than 24 hours' notice, or if safe access is not available at the scheduled time, a cancellation fee up to the value of your service fee may apply to cover technician time and travel. We may also need to cancel or reschedule an appointment due to weather, safety, or operational reasons; where we do, we will make reasonable efforts to notify you as soon as possible and reschedule at no additional cost to you.

6.5 Recurring Maintenance Plans

A Recurring Maintenance Plan has a minimum term of 3 months from the date of the first service under the plan (“Minimum Term”). During the Minimum Term, you may not cancel the plan except where we materially breach these Terms and fail to remedy that breach within 14 days of written notice from you, or as otherwise required by law.

After the Minimum Term ends, the plan continues on a rolling basis until either party cancels it by giving at least 30 days' written notice.

We may vary the fees or scope of a Recurring Maintenance Plan by giving you at least 30 days' written notice. If you do not agree to a fee increase, you may cancel the plan by written notice given before the change takes effect, without paying any early-exit or cancellation fee for doing so.

A missed visit due to lack of access may be rescheduled at our discretion, or treated as a late cancellation under clause 6.4.
 

6.6 Pricing and Payment for Services

Job Estimate prices cover the scope described in the Job Estimate only, and exclude items outside that scope or unidentified at the time of price estimating — for example, previously undiscovered equipment faults, or chemical dosing beyond standard. requirements. Prices are inclusive of GST unless stated otherwise. Invoices are due within 7 days of issue unless we agree otherwise in writing. Overdue invoices may accrue interest at the rate prescribed from time to time under the Supreme Court Act 1970 (NSW) for unpaid judgment debts, and we may suspend ongoing Services until your account is brought up to date.
 

6.7 Standard of Work

We carry out Services with due care and skill, in line with the ACL, relevant Australian Standards, and manufacturer guidelines. Due to the volatile nature of pools we warrant our workmanship for 7 days from completion for routine cleaning and maintenance visits, and for 12 months from completion for repairs and installations, in each case subject to normal wear and tear and to you following our post-service care instructions and using the equipment as intended.
 

6.8 Chemicals and Equipment

Pool water chemistry is dynamic and can be affected by weather, bather load, and existing water or equipment conditions outside our control. We apply industry-standard practices and reasonable care. To the extent permitted by law, we are not liable for loss or damage caused by: (a) pre-existing conditions, faults, or wear in the pool, its surface, or its equipment that were not disclosed to us and were not reasonably discoverable at the time of service; (b) chemicals or equipment supplied or previously added by you or a third party; (c) equipment operating outside its manufacturer specification or past its reasonable service life; or (d) your failure to follow our post-service instructions, such as re-entry times or dosing directions.

 

 

7. Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the ACL or any other law that cannot lawfully be excluded, restricted, or modified.

Subject to the paragraph above, and to the extent permitted by law, our total liability for any claim arising out of or in connection with the Website, the Store, or the Services — whether in contract, tort, under statute, or otherwise — is limited, at our option, to: (a) for Services, resupplying the Services or paying the cost of having them resupplied; and (b) for Products, repairing, replacing, or resupplying the Products, or paying the cost of doing so.

To the extent permitted by law, we exclude all liability for indirect, special, or consequential loss, loss of profits, or loss of use, arising from or in connection with these Terms, the Website, the Store, or the Services.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or for fraud.

 

8. Indemnity

To the extent permitted by law, you agree to indemnify us against any loss, damage, or claim we reasonably incur as a direct result of: your breach of these Terms; your failure to disclose a known defect or hazard at the Service Address; or your negligent or wrongful act or omission — except to the extent that loss, damage, or claim is caused or contributed to by us.

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9. Privacy

We collect, use, and disclose your personal information in accordance with our Privacy Policy, available on the Website, and the Privacy Act 1988 (Cth).

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10. Fair Dealing

Where these Terms form a standard form small business contract to which the ACL's unfair contract terms provisions apply, no term of these Terms is intended to, and none shall, operate as an unfair contract term within the meaning of the ACL. If any term is found to be void or unenforceable on that basis, the remainder of these Terms continues in full force and effect.

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11. Force Majeure

Neither party is liable for any failure or delay in performing its obligations under these Terms where that failure or delay results from circumstances beyond its reasonable control, including extreme weather, natural disaster, pandemic, utility outages, or supply chain disruption.

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12. Dispute Resolution

If a dispute arises, please contact us first so we can try to resolve it informally. If it remains unresolved after 30 days, either party may refer the matter to mediation before commencing court proceedings, except where a party seeks urgent injunctive relief. Nothing in this clause prevents you from contacting NSW Fair Trading or the ACCC at any time.

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13. Changes to These Terms

We may update these Terms at any time by publishing a revised version on the Website with an updated “Last updated” date. Changes apply from the date they are published and do not apply retrospectively. For an existing Recurring Maintenance Plan, any change that affects its price or scope will only take effect in accordance with the 30 days' notice described in clause 6.5.

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14. Termination

We may suspend or terminate your access to the Website or Store, or suspend or cease providing Services, if you breach these Terms, fail to pay an amount when due, or create an unsafe environment for our staff — giving written notice where reasonably practicable in the circumstances.

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15. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
 

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16. Contact Us

Sydney Pool Cleaners Co. (ABN 57 694 210 538), trading as Sydney Pool Cleaners

Service area: the Hills District and greater Sydney, NSW

Email: info@sydneypoolcleaners.com.au

Website: sydneypoolcleaners.com.au