Effective date: september 25, 2018 Terms and conditions

Welcome to the Summerside Pools website (the “Site”). This Site is operated by the manufacturer, Imagine Pools (hereinafter “Imagine Pools”) and the content on the Site is owned by Imagine Pools or its affiliated companies and by affiliates and third parties that post on the Site through a license from Imagine Pools, but for whom Imagine Pools assumes no direct responsibility. 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 this Site. These Terms and Conditions apply to all persons who visit this Site (“Visitors”), regardless of your level of participation.

By using this 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.

By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in contravention of these Terms and Conditions. Imagine Pools and its affiliates reserve 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 this Site. Continued use of the Site following the effective date any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Imagine Pools 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 OF MANUFACTURER / DEALER NON-RELATIONSHIP

Imagine Pools provides the following Notice and Disclaimer to buyers of the non-relationship between independent persons, sole traders, partnerships, businesses, dealers and/or dealerships that sell products manufactured by Imagine Pools and Imagine Pools:

This notice and disclaimer is made to all buyers of products manufactured by Imagine Pools worldwide. You are hereby notified that independent persons, sole traders, partnerships, businesses, dealers and/or dealerships sell products manufactured by Imagine Pools.

Each person, sole trader, partnership, business, dealer and/or dealerships is an independent business, which is completely separate from the manufacturer of Imagine Pools.

Each person, sole trader, partnership, business, dealer and/or dealership is an independent contractor, and no such person, sole trader, partnership, business, dealer and/or dealership is an owner, agent (in fact or law), or employee of Imagine Pools, the manufacturer.

Each person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools has no authority or rights to bind Imagine Pools to any agreement, contract or undertaking.

Imagine Pools hereby notifies all buyers to undertake their own research and make their own investigations into a person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools.

Imagine Pools provides no warranty and is not responsible for the acts or conduct of any person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools.

Imagine Pools hereby notifies all buyers that before entering into a contract of purchase with any person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools that the buyer does not pay monies in advance until works have been undertaken. It is recommended that buyers make progress payments after each milestone has been achieved pursuant to a written agreement between the buyer and the person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools.

Imagine Pools recommends that buyers obtain legal advice on any contracts, agreements or undertakings between the buyer and each person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools.

Imagine Pools, the manufacturer, hereby disclaims any liability for an intentional or unintentional negligent act, mistake, conduct, workmanship or action by any person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools or any damage to any Imagine Pool caused by an act of any person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools.

Imagine Pools will not be responsible or liable for any damages caused by any person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools.

Imagine Pools, as the manufacturer, offers a separate warranty to all customers and buyers of Imagine Pools. That warranty offered by Imagine Pools, the manufacturer, is separate and apart from other or additional warranty or guarantee offered by any person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools.

Any statement in any advertisement, literature, brochure, or website should not be interpreted or construed to expressly or impliedly create any relationship between Imagine Pools and any person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools contrary to this notice and disclaimer.

INFORMATION AND ILLUSTRATIONS

Imagine Pools provides the following Notice and Disclaimer to buyers in respect of the Information and Illustrations contained on all Imagine Pools websites, brochures, information sheets, marketing material hereinafter referred to as a “Published Information”:

Measurements and dimensions of all “Imagine Pools Products” (including but not limited to swimming pools, spas, water features, equipment, testing results, testing and any other reference contained in Published Information”) may vary from what is contained on Published Information to actual measurements and/or dimensions of Imagine Pools products;

Colours and finishes of all “Imagine Pools 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 on Published Information to actual colors and finishes of Imagine Pools products.

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.

TRADEMARK NOTICE

The Imagine Pools name, and all trademarks and logos displayed on this Site are owned or used under license by Imagine Pools. These trademarks include, but are not limited to, product brand names, slogans and logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited.

CHANGES TO THE SITE

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

PRIVACY

For an explanation of Imagine Pools policies and practices regarding information that we may collect from you in connection with your use of this Site, you should review Imagine Pools Privacy Policy the terms of which are incorporated herein. By using this Site, you are agreeing to this Privacy Policy and you will be bound by the terms of such Privacy Policy.

INDEMNTIY AND HOLD HARMLESS

By using this Site you agree that you will defend, indemnify and hold harmless Imagine Pools and its subsidiaries and affiliates, any person, sole trader, partnership, business, dealer and/or dealership that sells products manufactured by Imagine Pools, advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Imagine Pools reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Imagine Pools defense of such claim.

DISCLAIMER

Imagine Pools 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 is 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.

Imagine Pools, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. To the extent permitted by applicable law, Imagine Pools disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Imagine Pools is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IMAGINE POOLS’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. IMAGINE POOLS, ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. IMAGINE POOLS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IMAGINE POOLS WILL NOT BE A PARTY TO OR IN ANY WAY BE 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 IMAGINE POOLS, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.

MISCELLANEOUS

These Terms and Conditions together with any additional terms to which you agree when using particular elements of this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from Australia. These terms and conditions are governed by, and construed in accordance with, the laws of the Queensland, Australia, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. 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. Imagine Pools 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 endeavor 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. All lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Brisbane, Queensland, Australia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.