Terms & Conditions
Last updated: February 28th, 2020
Welcome to http://www.poolfits.com (the “Site”). Pool Fits DIY Liners & Covers Corp. (“Pool Fits”) its affiliates and/or, subsidiaries (together with Pool Fits, “us”, “we”, or “our”) operate the Site and provide products and/or services to you when you visit or shop at our Site.
Condition of Use
Your access to and use of the Site are conditioned upon your acceptance of and compliance with these Terms & Conditions. These Terms & Conditions apply to all visitors, users and others who wish to access or use the Site.
By accessing or using the Site, you agree to be bound by these Terms & Conditions. Please read them carefully. If you disagree with any part of the Terms & Conditions, you do not have permission to access the Site.
Please see the following for additional terms and conditions which also apply to your use of the Site and purchase of products or service with the Site, and shall be deemed to be part of the “Terms & Conditions”:
- Terms of Sale
Please see our Terms of Sales.
- Limited Warranty & Disclaimer of Warranty
Please see Limited Warranty & Disclaimer of Warranty policy.
- Merchandise Return Policy & Procedures
Please see our Returns Policy & Procedures.
- Service Charter
Please see our Service Charter for Processing / Fulfilment / Delivery times.
Changes to the Terms & Conditions
We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.
You will be asked to accept the updated Terms & Conditions by clicking “accept” on a prompt upon your first visit to the Site following any and all updates to these Terms & Conditions. If you do not agree to the new Terms & Conditions, you are no longer authorized to use the Site.
If you wish to purchase any product or service made available to you through the Site, you may be asked to create an account with us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at-all-times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account with the Site and the cancellation of any outstanding orders.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service provider. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username that is offensive, vulgar, obscene, or otherwise infringing or violating any right of any third-party including copyright, trademark, privacy, personal or proprietary rights.
From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
You may use the Site only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms & Conditions.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Pool Fits, a Pool Fits employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Pool Fits or users of the Site, or expose us or them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms & Conditions, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Site. From time to time we may experience delays in updating information on the Site and in our advertising. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or may no-longer be available on the Site. While we endeavor to keep the Site up-to-date and accurate at-all-times we cannot guarantee the accuracy or completeness of any information found on the Site at any given time.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
With respect to products and/or services provided on out Site, we cannot confirm the final price or its availability until we confirm and accept your order. If there is any inaccuracy in price or availability, we will, at our sole discretion, either contact you for instructions before confirming your order or cancel your order and notify you of such cancellation.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Pool Fits, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms & Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms & Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Pool Fits. Any use of the Site not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
The name, the terms “Pool Fits”, Pool Fits’ logos and other graphics, and all related names, logos, product and service names, designs, and slogans are trademarks of Pool Fits or its affiliates or licensors. You must not use such marks without the prior written permission of Pool Fits. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Linking and Framing of the Site
Linking to the Site, without our express written permission is strictly prohibited. We reserve the right to cancel or revoke any previous permission granted to link to the Site for any reason, at any time, without notice and without liability whatsoever to any person or entity. The framing http://www.poolfits.com or any of its content in any manner or form is strictly prohibited.
IP Infringement Complaint
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Site infringes on the copyright or other intellectual property rights of any person or entity.
If you believe that your intellectual property rights have been infringed, please submit your claim via email to the Site, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement, including without limitation:
- an electronic or physical signature of the person authorized to act on behalf of the intellectual property right owner, if applicable;
- a description of the intellectual property right that you claim has been infringed, including the URL (i.e., web page address) of the location where the intellectual property right exists or a copy of the intellectual property right certificate, if any;
- identification of the URL or other specific location on the Site where the material that your claim is infringing is located;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property right owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property right owner or authorized to act on such owner’s behalf.
You may be held accountable for damages to us, direct or indirect, (including without limitation costs and legal fees) for misrepresentation or bad faith claims on the infringement of any content found on and/or through the Site on your intellectual property rights.
Links to Other Web Sites
Our Site may contain links to third-party web sites or service providers that are not owned or controlled by us. We do not assume any responsibility or liability for the content, action, products or services, privacy policies, or practices of any of these third-parties.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such third party.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or service providers that you visit.
User Ideas, Suggestions, Submissions, Feedback and Commentary
You represent and warrant that all ideas, suggestions, submissions, feedback and commentary disclosed, submitted or offered to us on or by the Site or otherwise disclosed, posted, submitted or offered by you on or to the Site (collectively “Submissions & Commentary”) shall not be illegal, obscene, threatening, defamatory, invasion of privacy, infringing or violate any right of any third-party including copyright, trademark, privacy, personal or proprietary rights. We reserve the right (but not the obligation) to remove or edit such Submissions & Commentary. The Site is under no obligation to respond to, pay compensation for, and/or maintain confidence of, any Submissions & Commentary.
By posting or submitting any Submissions & Commentary on or to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from distribute, disclose, display such content (including those bearing your name, voice, image and/or any other identifiable representation of yourself) to any party, including the public, for all purposes, including commercial purposes.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Pool Fits, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pool Fits. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
To the full extent permissible by applicable laws, you agree to defend, indemnify and hold harmless Pool Fits and its affiliates, subsidiaries, directors, officers, employees, representatives, agents, contractors, licensee and licensors, partners and third party suppliers or service providers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses of any kind and nature, actual and consequential, known or unknown, including reasonable legal fees, arising out of or in relation to (a) your access to and/or use of the Site, all the information, content, products and services made available to you in or through the Site; or (b) your breach of any of these Terms & Conditions.
Limitation of Liability
To the full extent permissible by applicable laws, in no event shall Pool Fits nor its affiliates, subsidiaries, directors, officers, employees, representatives, agents, contractors, licensee and licensors, partners and third party suppliers or service providers be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, any property damage, personal injury, loss of use, interruption of business or loss of profits resulting from or in relation to (i) your access to or use of or inability to access or use the Site, the products and services made available to you in or through the Site; (ii) any conduct or content of any third party on the Site; (iii) any information content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Maximum liability to you for any direct claims, damages, losses or liabilities relating to your use of the Site or the products or services you purchased from the Site shall be limited to the purchase price you have actually paid for the product(s) and/or services. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
The Site and all the information, content, products and services made available to you in or through the Site are provided on an “AS IS” and “AS AVAILABLE” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, whether express or implied, of the Site, the information, content, products and/or services made available to you in or though the Site, unless otherwise specified in writing.
Neither Pool Fits nor any of its affiliates, employees, directors, representatives, licensors, third party service providers warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements. You expressly agree that your use of the Site is at your own sole risk.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability. If the laws of the province or territory where you reside do not allow exclusion or limitation of liability, then part or all of the limitations above may not apply to you.
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to your breach of the Terms & Conditions.
If you wish to terminate your account, you may simply discontinue using the Site.
All provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law, Disputes, Severability, Assignment and Modification
Except to the extent that the laws of the country or territory in which you reside require the laws of such jurisdiction apply to these Terms & Conditions, the laws of Ontario, Canada, will govern these Terms & Conditions, without giving effect to any principle of conflict of laws.
Except to the extent the laws of the country or territory in which you reside prohibit this choice of forum provision, any claim or dispute between you and us that arises in whole or in part from your access, use of the Site and/or your purchase and/or use of any product/services with the Site shall be decided exclusively by a court of competent jurisdiction located in the City of Toronto, Ontario.
Our failure to enforce any right or provision of these Terms & Conditions will not be considered a waiver of those rights. If any provision of these Terms& Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms & Conditions will remain in effect. These Terms & Conditions constitute the entire agreement between us regarding your use of our Site and supersede and replace any prior agreements we might have had between us regarding the Site. Headings used to present these Terms & Conditions are not intended to be part of the Terms & Conditions or affect their meaning or interpretation. You may not assign your rights or obligations hereunder without our prior written consent. We are the intended beneficiary of this agreement. Any and all additional or alternate terms attached or adhering to an order are null and void and without effect unless agreed to in writing by us.
If you have any questions about these Terms & Conditions, please contact us at the Site via ‘Contact Us’.