Website Terms of Use
Welcome to the Elite Spa Covers website (“Site”). These Terms of Use (“Terms”) govern your access to and use of the Site, and any services, content, or features provided via the Site, whether as a guest or a registered user. By using the Site, you agree to these Terms. If you disagree with any part, please do not use the Site.
1. Definitions
- “We”, “us”, “our”, “Elite Spa Covers” means the company operating the Site.
- “You”, “your”, “User” means any person accessing or using the Site.
- “Content” means all text, images, audio, video, software, data, documentation, or other materials on the Site.
- “Products” means the spa covers or related goods we sell.
- “Services” means any services offered via the Site (e.g. ordering, customer support).
2. Use of the Site
- You may use the Site for lawful purposes only.
- You agree not to use the Site to infringe intellectual property rights, to defame, harass, or violate any laws or regulations.
- You must not attempt to interfere with or disrupt the Site, servers, networks, or systems connected to the Site.
- You agree not to engage in any fraudulent or deceptive practices.
3. Intellectual Property
- All content on the Site (including trademarks, logos, designs, images, text) is owned or licensed by us, unless otherwise stated.
- You may view, download, or print content for your personal, noncommercial use only.
- You must not copy, reproduce, republish, distribute, transmit, display, adapt, modify or prepare derivative works from, or commercially exploit the content, except with our express written permission.
- If you submit feedback, suggestions, or ideas to us (e.g. via email, contact forms), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, modify, or incorporate them.
4. Registration & Account
- You may be required to register for an account to access certain features (e.g. placing orders).
- You agree to provide accurate, current, and complete information when registering.
- You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
- You must notify us immediately of any unauthorized use of your account or any breach of security.
5. Ordering, Payment & Pricing
- When you place an order for Products through the Site, you make an offer to purchase under these Terms.
- We may accept or decline your order in our discretion.
- Prices and availability of Products may change without notice; we do not guarantee that all items will always be in stock.
- You agree to pay all applicable amounts (prices, taxes, shipping) when placing an order.
- Payment transactions are conducted via third-party payment processors (subject to their terms).
- We are not liable for errors or issues caused by those third parties.
6. Delivery, Returns & Refunds
- Delivery/shipping terms are governed by our separate Shipping & Delivery Policy (if any) (or as described on the Site).
- Returns, refunds, exchanges are governed by our Refunds / Returns Policy (if any).
- You acknowledge that delays or failures in delivery may occur due to circumstances beyond our control (e.g. carrier issues, customs, force majeure).
- We reserve the right to cancel orders or limit quantities.
7. User Content & Reviews
- You may have an option to submit reviews, ratings, comments, or other content (“User Content”).
- By posting User Content, you represent and warrant that:
- You have all necessary rights, permissions, and licenses to post it.
- It does not infringe any law or third-party rights (e.g. intellectual property, privacy).
- It is not defamatory, obscene, abusive, or otherwise objectionable.
- You grant us a non-exclusive, worldwide, royalty-free, perpetual right to use, reproduce, modify, publish, transmit, etc. your User Content in connection with the Site and our business.
- We may remove or refuse to publish any User Content at our discretion, with or without notice.
8. Disclaimers & Liability Limitation
Disclaimer of warranties
- The Site, Products, and Services are provided “as is” and “as available” without warranties of any kind, express or implied.
- We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and availability.
- We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
Limitation of liability
- To the maximum extent permitted by law, our liability (and that of our officers, directors, employees, agents) for any claim arising under or in connection with these Terms or the Site is limited to the amount you paid (if any) for the relevant product or service.
- In no event shall we be liable for special, indirect, incidental, consequential, punitive, or exemplary damages, even if we know such damages might occur.
- Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages; where prohibited, our liability is limited to the maximum extent permitted by law.
9. Indemnification
You agree to indemnify, defend and hold harmless Elite Spa Covers and its affiliates, officers, directors, employees, agents, licensors from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or connected with:
- Your use of the Site or Services
- Your breach of these Terms
- Your violation of any applicable law or the rights of a third party
- Your User Content
- Any misrepresentation you made
10. Termination & Suspension
- We may suspend or terminate your access, or delete your account, or remove content at any time, with or without cause or notice, in our discretion.
- On termination, your rights under these Terms immediately cease.
- Sections that by their nature should survive termination (e.g. Intellectual Property, Disclaimers, Indemnity) will survive.
11. Third-Party Links & External Sites
- The Site may include links to external websites or services owned by third parties.
- We do not control, endorse, or assume responsibility for those external sites.
- Your use of external sites is at your own risk; check their terms and policies.
12. Changes to These Terms
- We may update these Terms from time to time.
- We will post the revised Terms on the Site with an updated “Last updated” date.
- By continuing to use the Site after changes, you accept the revised Terms.
13. Governing Law & Jurisdiction
- These Terms are governed by and construed in accordance with the laws of [State/Territory], Australia.
- You agree to submit to the non-exclusive jurisdiction of the courts in [State/Territory] for any dispute.
- If you are accessing the Site from outside Australia, you agree that Australian law may still apply to you in relation to these Terms.
14. Waiver & Severability
- A failure or delay by us to enforce any right under these Terms is not a waiver of that right.
- If a provision of these Terms is held invalid or unenforceable by a court, that provision will be severed or limited to the minimum extent necessary, and the remainder of the Terms will remain in full force and effect.
15. Notices
- All notices or communications to you shall be via email, postings on the Site, or other reasonable means.
- Your notices to us (e.g. requests, disputes) should be sent to:
Email: sales@elitespacovers.com.au