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Terms & Conditions

Terms and Conditions

Services 

General

These Terms and conditions shall apply to the supply of any service/s by Pool Geeks Brisbane to the customer, and shall prevail over any other documentation or communication from the customer. Any variation to these terms and conditions will be deemed invalid unless agreed to in writing prior to commencement of service/s. Although Pool Geeks Brisbane endeavours to advise customers of changes, information in these terms and conditions is subject to change without notice and any changes will hold immediate effect for any new or recurring service/s after the change has been made.

Scheduling of Regular or Repeating Services

Pool Geeks Brisbane will attempt to schedule services in a predictable manner. One, two, three, four, five, and six week regular services will, as far as possible, be scheduled for the same day of the week.

Monthly services will be scheduled for the nth occurrence of a particular day each month. For example the first Friday or the third Monday of the month. This results in a 4 or 5 week cycle depending on the month.

Due to weather, employee health and availability, clashes in appointment recurrences and other circumstances beyond our control we may not be able to schedule a visit on the appointed day. When such a instance occurs we will schedule the service for the next available time or up to one day in advance. If a service will be delayed by more than three business days we will do our best to notify the customer.

Billing and Payment

At the conclusion of a service Pool Geeks Brisbane will issue an invoice to an email address nominated by the customer. If a customer does not provide an email address a paper copy of the invoice may be requested at an additional cost.

For new customers payment is expected at the conclusion of the service. For returning customers payment is expected next day. Longer payment terms may be available by negotiation with Pool Geeks Brisbane.

Pool Geeks Brisbane reserves the right to refuse service to customers with an overdue account.

Payment can be made through direct deposit, EFTPOS, or through PayPal. Paypal allows users to pay online through a number of methods including Credit Card or a PayPal account. All payments made through third party gateways, such as PayPal, are subject to the terms and conditions of the third party.

Pricing

Pool Geeks Brisbane reserves the right to modify, update or run promotions on any product or service at any time. Pool Geeks reserves the right to change the price of any product or service at any time prior to booking or order. Once a particular product or service has been booked or ordered the price and details of the product/s and/or service/s shall remain fixed for that particular order.

Pool Geeks Brisbane reserves the right to modify, update or run promotions on recurring/regular services. Pool Geeks Brisbane shall attempt to notify customers when the price of a recurring service increases at least 30 days before the next booking after the price increase takes effect. Notification will be via a nominated email address. The customer agrees to check email regularly for correspondence. Pool Geeks Brisbane shall consider a sent email as received by the customer.

Estimates/Quotes

Though we make every effort to ensure the accuracy of our estimates and quotes, sometimes in the course of performing work or service/s an issue may arise that we were unaware of at the time of creating a quote or estimate. In such an instance, if an approved estimate or quote requires labour and/or products not specified in the initial quote or estimate, Pool Geeks may seek your approval of a revised estimate. If you do not agree to the revised estimate or quote Pool Geeks brisbane may hold you responsible for any labour or products used until that point in the service, up to and not exceeding the full amount of the original estimate or quote.

Customer's Obligations

In order for Pool Geeks Brisbane to carry out services it is expected that, as far as reasonably possibly the customer will:

Provide a safe working area. This includes securing pets if they pose a risk to the safety of employees.

Provide Pool Geeks Brisbane with any information reasonably required to carry out the service.

Provide and notify Pool Geeks Brisbane of any update to their name, email address, postal and/or street address, contact phone number, and any other relevant contact information regarding themselves and other associated parties, such as tenants.

Notify Pool Geeks of any changes in circumstances which may affect the ability of Pool Geeks Brisbane to carry out services.

Notify in writing of any cancellations or changes to services, with sufficient notice for Pool Geeks Brisbane to be reasonably able to receive, process, and notify employees of such cancellations or changes.

Check for communications via text message, email, or notes left in the mailbox.

Comply with any other requirements as agreed between Pool Geeks Brisbane and the customer.

Comply with all other statutory requirements.

Pool Geeks Brisbane's Obligations & Expectations

Pool Geeks Brisbane shall carry out any work or perform any services with reasonable skill and care and to a reasonable standard in accordance with recognised standards of the industry.

Pool Geeks Brisbane shall carry out services at times organised with the customer and in accordance with these terms and conditions, or shall advise the customer of changes in a prompt and timely manner, wherever reasonably possible.

Pool Geeks Brisbane accepts responsibility for the condition of tools and equipment used in the performance of services. Where possible we will use our own tools and equipment. 

Pool Geeks will communicate any relevant information regarding the work or services performed in a timely manner, having regard to the need for fast communication of information regarding safety and security. All information will be communicated through either phone, text message, email, or a note left in the mailbox.

Pool Geeks Brisbane may, at our own discretion, use the customer's chemicals and/or products to perform a service or carry out work. We may refuse to use the customer's chemicals if they are unlabelled or in a condition that makes them unsafe to use or unfit for purpose.

Limitation of Liability

To the extent permitted by law, Pool Geeks Brisbane shall not be liable for any loss or damage suffered by the customer, or any third party, howsoever caused, as a result of any negligence, breach of contract, or otherwise, in excess of the price of the services.

Pool Geeks Brisbane shall not be liable for any indirect or consequential loss of profit or other economic loss howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

Pool Geeks Brisbane shall not be liable for any personal loss or injury, to the customer or any third party as a result of failure by the customer or the customer's representatives to follow recommendations, guidelines, or instructions regarding maintenance or otherwise related to the customer's property, pool or spa. Any communication sent to the customer via text message, email, or left as note in the mailbox will be considered as having been delivered and it is the customer's responsibility to ensure that they have checked for any communications before they or anyone else uses the pool or spa.

Pool Geeks Brisbane shall not be liable for any loss, damage, injury, or death resulting from the customer's failure to adhere to safety, pool fencing, or other regulations or laws, or failure by the customer to adequately secure property.

If any of the customer's tools, property, or equipment are damaged or lost while in Pool Geeks Brisbane's custody, to the extent permitted by law Pool Geeks Brisbane's liability will be limited to the repair or replacement of the affected tools or equipment. Pool Geeks Brisbane has no liability whatsoever for indirect, special, exemplary or consequential damages, lost profits or revenue.

Where a customer has incorrectly labelled products or chemicals, Pool Geeks Brisbane accepts no responsibility or liability for damages, loss, injury, or death as a result, either direct or indirect, of using such products or chemicals in the course of carrying out work or performing a service.

Pool Geeks Brisbane accepts no liability or responsibility for Pool Fence Safety. When an issue with fencing is noticed we may or may not notify the customer of the issue. A notification shall not be seen as accepting liability or responsibility for any pool fencing issues.

Website/Blog

Content

While Pool Geeks Brisbane endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law Pool Geeks Brisbane disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.

Pool Geeks Brisbane does not guarantee that access to the Pool Geeks website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Pool Geeks website or any data on such a computer.

Blog Content and Instructional Materials

In addition to the above terms and conditions regarding content within the Pool Geeks Website, Blog Content and Instructional Materials are intended as a guide only. Information and instructions provided do not take into account all situations and requirements. It is up to you to decide whether the information and instructions provided are suitable to your particular situation and requirements.

To the extent permitted by law, Pool Geeks Brisbane excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the website content and the use or performance of the Pool Geeks Website except to the extent that the loss or damage is directly caused by Australia Post’s fraud or wilful misconduct.

Intellectual Property

All content and materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are the property of Pool Geeks Brisbane and/or it's suppliers and are protected by copyright, trade mark and other intellectual property laws. To the extent permitted by law, copying, adaptation, reproduction, distribution or transmission of any such material to any third party without the express prior written consent of Pool Geeks Brisbane is prohibited. Save for the above, and unless expressly granted, Pool Geeks Brisbane does not grant any licence or right, or any portion thereof, in its intellectual property rights to the content or applications incorporated into the Pool Geeks website or in the user interface of the Pool Geeks website.

Notwithstanding the above, Pool Geeks Brisbane allows the

Submissions

Any material you send to us on or via the Pool Geeks website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

Third Party Websites

The Pool Geeks Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Pool Geeks Brisbane does not control, endorse, sponsor or approve any such third party websites or their content nor does Pool Geeks Brisbane provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

Jurisdiction

It is your responsibility as user of the Pool Geeks Website to ensure that the content and use of this website is in accordance with laws of any relevant jurisdictions where the website is viewed or used.

Access to, and use of the Pool Geeks website is governed by and in accordance with the laws of Queensland, Australia, and you agree to submit to the jurisdiction of the courts of Queensland, Australia, should any legal issue arise through the use of the Pool Geeks Website.

Definitions

'The customer', 'You' & 'Your' refers to any person who orders or purchases services from Pool Geeks Brisbane and/or as applicable refers to any person who accesses this website.

'Pool Geeks Brisbane', 'Pool Geeks', 'PGB', 'We', & 'Our' refers to the sole trader business Matthew Thomas Francis Drake trading as Pool Geeks Brisbane, Australian Business Number 96 624 600 825 and any employees thereof.