Terms and Conditions
Please Read: If your pool barrier is compliant there will be no further charges than the cost you choose to pay using this booking service. A pool safety barrier reinspection is only required by law when your pool is deemed as “not compliant”. Only a Pool Safety Inspector can determine if your pool is compliant. Pool Safety Reinspection Charges apply ONLY if your pool fails inspection. For reinspection charges please see section “E”.
Section A User acknowledgement
Thank you, the “user”, for using www.bookmypoolinspection.com.au ('website'). The website is owned and operated by Kashikoi Trust ABN 56 511893622 (K.T.)
This website partners with multiple Fully Accredited Pool Safety Inspectors "PSI" whom will undertake the physical pool safety inspection. The website receives a one-time booking fee for all bookings created using this website the “booking fee”. Please read through the following general terms and conditions which will govern the use of the website ('terms'). By using this website, the user acknowledges and confirms that they have read and have understood these terms and agree to abide by these terms. If any of these terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms will continue to apply.
You are a paying for an inspection of 1x pool or 1 x spa only. Sites with multiple pools/spas may incur additional charges payable direct to inspectors. The maximum charge per additional pool will be $50.00
Section B Cancellations
Our Cancellation Charges and Refunds Policy is fair within the meaning of the Australian Consumer Law (ACL). They are clearly brought to your attention within these terms and prior to your booking being made.
Section C Refund of your Pool Safety Inspection and associated purchases.
The contract you are entering is between you and your assigned partner Pool Safety Inspector. You will receive full details via email of your assigned Pool Safety Inspector – following your booking confirmation. Should circumstances arise that you need to cancel or postpone your pool safety inspection, then you will be able to discuss the matter directly with your inspector whom will have received your payment less the booking fee and any processing fees paid by you. Your pool safety inspector will refund in accordance with Australian Consumer Law (ACL) taking the consideration factors surrounding the cancellation as permitted by law. You will be required to provide bank details for the pool safety inspector to transfer funds to your bank account in a timely manner.
Section D Refund of the Booking Fee
The one-time booking fee of AUD$25 which is included in the total price is generally a non-refundable fee levied for each financial transaction entered on this website. The pool safety inspection contract you are entering is between you and your assigned partner PSI.
The booking fee will however be refunded in the case of a genuinely frustrated contracts within the meaning of the Australian Consumer Law (ACL) if a pool safety inspection does not occur at the nominated property.
Section E Pool Safety Reinspection Charges (Does not apply to compliant pools)
A pool barrier must adhere to legislative standards applicable at the time of the inspection.
If your pool barrier does not comply to the standards, the pool safety inspector would inform you that your pool inspection has failed. They would provide you with a "Form 26 - Non-Conformity Notice" which outlines why your pool barrier was not compliant against the standards.
You will then have 3 months to have the rectifications made to the pool barrier after which the same pool safety inspector must reinspect to ensure the rectifications have been completed.
Section F How much is the reinspection charge – IF the pool is not compliant?
We have mandated a MAXIMUM CHARGE as your pool inspector can choose to charge you less or even zero.
K.T. has determined that to be fair to all parties to the transaction that where a reinspection is to be charged by the inspector directly to the client then the MAXIMUM CHARGE will be 75%+GST of the Pool Safety Inspectors “initial inspection fee”, no other purchases included.
If your base charge is $130+GST as per your invoice, then the MAXIMUM CHARGE would be $97.50+GST. NOTE THIS IS A "MAXIMUM" CHARGE and may be reduced at the discretion of the inspector.
K.T. has an in-force agreement with all accredited partner Pool Safety Inspectors that they will act in accordance with Pool Safety Inspectors published code of conduct and this extends to the charging regime when a pool barrier is deemed as non-compliant.
IMPORTANT: K.T. does not receive any portion of the reinspection fee as this fee will be billed to you by your inspector using their ABN and using their own operating entity.
Section G Changes to the website
K.T. reserves the right to revise, change, modify or delete the content of any part of the website, including any product available through the website, at any time in its sole discretion and without prior written notice.
K.T. reserves the right to terminate or restrict access to the website or modify, suspend or cancel any of the online services provided via the website at any time without notice.
K.T. must arrange to perform any already confirmed inspections and as such will complete these in accordance with the booking made or as close as possible.
Section H User Submissions & Testimonials
Subject to its legal obligations with respect to privacy, any material, information or testimonials submitted to K.T. and posted on the website will be considered as having been voluntarily submitted for use by K.T. and as non-confidential and non-proprietary information and K.T. is free to use such information on the website and otherwise at its sole discretion, whether for commercial or non-commercial purposes and without liability or compensation to any person or entity.
Section I Updates
9.1 K.T. reserves the right to revise, change or modify these terms at any time by posting new terms on the website. You are bound by the terms and conditions at the time your booking is made.
Section J Booking Confirmations
K.T. will determine, at its discretion, the method by which it confirms to users of its booking systems that their booking has been recorded via the website. Booking confirmations should be received by users within 10 minutes of booking therefore you should check your junk email box to ensure that you can received emails.
Such confirmation is the sole service K.T. provides to users via the website and, thereafter, all dealings and communication regarding inspections, or any rectifications arising therefrom will be between the user and Pool Safety Inspector and K.T. is not responsible in any manner for any communication between the User and the Pool Safety Inspector and has no liability in respect of such dealings whatsoever.
Section K Dealings directly with Pool Safety Inspectors
K.T. is not an agent for any of the Pool Safety Inspectors partnered with this website and K.T. has no responsibility for and has no liability whatsoever in respect of the conduct of an appointment by the Pool Safety Inspector. attendance at the allotted time or quality of service provided by a Pool Safety Inspector whom is representing their own entity.
The pool safety inspector has agreed in writing to uphold high levels of professionalism and abide by the code of conduct specifically designed for Pool Safety Inspectors. Appointment availability are provided to K.T. by Pool Safety Inspectors, and K.T. cannot ensure that Pool Safety Inspectors run on time, do not have conflicting appointments, however should there be any issues at all from either the Pool Safety Inspector or the client then they should contact the other party to discuss same. If your matter is urgent, including if you have a contract for sale in the process, you should confirm any appointments requests directly with the Pool Safety Inspector ideally via text message.
The information appearing on the website is provided to K.T. by third parties, K.T. will have no liability in respect of any loss or damage arising from:
(a) third party service providers ('Pool Safety Inspectors') information which appears on the website, including the way the information is displayed or information which may be:
Section L Limitation of Liability
The website is an introduction portal providing pool owners “users” or clients with the ability to book instantly and providing Pool Safety Inspectors with the opportunity for more work. Once a booking is made the booking agreement is made between the client and the pool safety inspector.
Users confirm that they possess all rights and permissions necessary to permit a PSI to enter the property for the purposes of performing a pool safety inspection at their noted location. The pool safety inspector is removed from any liability if deemed to be entering the property without permission and the user accepts all the responsibility.
If you are utilising or accessing the Services on behalf of your employer or another entity, you confirm you have full legal authority to bind your employer or applicable entity to these T&Cs and the Agreement.
While K.T. takes all reasonable care to include accurate and up-to-date information on the website, the information provided should not be relied upon as being error free or accurate and K.T. makes no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information, content, services, materials and products provided on or via the website, nor does it accept any responsibility arising in any way for errors or omissions.
As far as lawfully possible, K.T. accepts no liability or responsibility for the actions or omissions of any users of the website in relation to the content contained herein.
All information provided on the website is general in nature and does not constitute technical, legal or any other form of advice and is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.
In no event will K.T. be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of the website, including, without limitation, financial damages for loss of money of any kind, loss or information or damage to systems due to viruses or other harmful components.
K.T. is not responsible for the deletion, failure to store, mis-delivery, or untimely delivery of any material accessed through the website or external sites and will not be liable for any damage or loss whatsoever resulting from any users downloading or accessing any information or material through the website. A booking is a confirmed booking as such should a client make a booking then they can expect the inspector to arrive +/- 15 minutes to the day/time of the appointment.
K.T. does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the website (including hypertext links to external sites if any) for any reason whatsoever.
K.T. does not guarantee that files or programs executed and/or downloaded from this website or provided via this website are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software and K.T. is not liable for any such damage or interference which may be suffered in connection with use of the online services.
K.T. does not guarantee the security of any information sent to the website via the Internet and such information is sent at the transmitter's own risk.
K.T. does not endorse the content of advertisements appearing on the website and has no liability in respect thereof.
Section M Applicable Laws
The content on or accessible through www.bookmypoolinspection.com.au is for informational purposes only and does not constitute pool barrier safety advice.