Terms & Condition
MEMBERSHIP AND LICENCE AGREEMENT
Terms and Conditions
It is acknowledged and agreed that Pool Inspection Apps Pty. Ltd. (ACN 637 312 488) (the “company”) is the owner of trademarks, copyrights, trade secrets, processes, know-how, registered designs, software applications (app.) and other intellectual property and services and that by becoming a member (the “member”) and downloading and using this application, agrees to be granted a limited and nonexclusive right to use the app. and services, and intellectual property offered by the company with a licence to use these applications strictly in accordance with the following terms and conditions. The company reserves the right to amend or update any of the functions and features of the app. and any of these terms and conditions at any time without notice.
This agreement will commence on the date of acceptance of your member application and when the company issues and/or approves the member with a membership number, username and password. This membership licence shall continue subject to the rights of the company of early termination.
The company hereby grants to you the member a licence to use its app. within the states of Victoria, NSW or Queensland or other state as approved from time to time for the term of continuance of this agreement. The company owns and operates the app. which is available for use by you as a member, as well as information and services provided on it’s website known as “poolinspectionapps.com”. You will not use the app., services or intellectual property for any purpose other than permitted by the company under these terms and conditions. It is hereby agreed that to be accepted as a member and use this app. the member must at all times be fully qualified and registered to undertake formal certified inspections as a registered swimming pool inspector with the applicable State Licencing Authority according to the state in which they undertake inspections. A corporate membership can only be permitted while it employs a registered building inspector/swimming pool inspector and all formal inspections and compliances are only undertaken by this registered employee under and in accordance with the specific building practitioner state licence and registration requirements. The company will furnish you with all necessary intellectual property for the purpose of this agreement and in order to utilize the app. so that you as a member and registered inspector will be able to create, store and compile information within the app. following an inspection of a swimming pool or spa barrier and to allow you to decide upon it’s correctness prior to you issuing a compliance certificate. Where the company has indicated or directed that the whole or any part or parts of the intellectual property comprises confidential material, you will not during the term of this agreement or after it’s termination or expiration, disclose such confidential material to any person or corporation without first obtaining the written consent of the company and you as a member or ex-member will take such steps as may be necessary to ensure that any of your employees, contractors, servants or agents do not disclose such confidential material. The member also agrees not to sub-license or assign any rights or use of the software applications including storage to any third party or inspector not listed and authorised under this or other membership without prior written consent of the company.
A member can be an individual registered building/swimming pool inspector or a corporation that employs a registered building/pool inspector/s practitioner to undertake all inspections and compliances. It is hereby agreed the first requirement is that a member must be either an individual or a corporation and must be or employ a qualified Building Surveyor, Building Inspector or Swimming Pool Inspector (the “inspector”) registered as a practitioner in the State of Victoria with the Victorian Building Authority (VBA). Other state licencing authorities and requirements apply when undertaking pool and spa barrier inspections in other states. The inspector registration qualification must be current and maintained by the member and/or it’s employee at all times. Advice of any change to this registration status must immediately be provided to the company.
It is also hereby agreed and acknowledged that the member or registered inspector may only use the app. as a guide and general checklist for their assessment of swimming pool and spa barriers and their knowledge, experience and expertise as a qualified inspector and practitioner must always take precedence over any advice or interpretation provided in the app. by the company. Should a member have any concern as to the accuracy of any aspect of the app., the member must advise the company immediately. Any decision to issue a certificate of compliance or approval following an inspection is based solely on the inspector’s qualifications and thorough knowledge of the relevant Building/Swimming Pool Acts, Building/Swimming Pool Regulations, BCA, Australian Standards and any other relevant regulatory legislation applicable to undertaking swimming pool barrier inspections and certifications. It is further understood and agreed that any barrier tests that may be required by the Australian Standards are fully understood and are undertaken independently by the inspector and do not form part of the assessment process by this app.
Member Login, Username & Password
A member login is issued upon acceptance by the company of a fully completed application together with acknowledgement and acceptance of the terms and conditions of this membership and licence agreement. Each individual inspector must be licenced separately under the membership and is provided with an individual username (email address) and password. It is the absolute responsibility of the member to correctly and only assign each required qualified inspection report and certificate or notice to the nominated and registered swimming pool inspector to undertake. The member is solely liable and responsible for overseeing and maintaining the confidentiality and correctness of all activities and decisions that occur under their membership inspector’s username and password. The company will not be liable for any claim for damages whatsoever arising from any unauthorized or unqualified use or, for any inspection advice provided due to failure to comply with this or any other requirement of these terms.
It is agreed that monthly fees are payable by all members based on the use of the app. in undertaking and completing an inspection report. The number of completed inspection reports undertaken within the month will form the basis of costs incurred. A small secure storage and support service fee will also apply. Invoices will be sent by email to the member and are payable within 14 days if no other automatic payment arrangement is in place. Arrangements for automatic payment deduction can only be made by consent of the member. Failure to pay may lead to suspension or cancellation of this membership and license.
The web system requirements operate with the most popular and up to date version of all widely used web browsers. Any recent updates available to your specific browser are important to download for the best possible compatibility and operation. This mobile app. allows the user to run the app. in all areas regardless of offline connectivity however, internet connectivity is required to complete its full operation. Our mobile app. is compatible with the latest mobile phones and tablets running the latest version of Google’s Android and Apple’s iOS operating systems.
Indemnity and Limit of Liability
The member hereby agrees that they together with their staff and all their inspectors shall be solely responsible in using and applying the information and content of the service software app. provided by the company. A thorough knowledge of all pool and spa barrier requirements are a precondition to using the app. and in completing an inspection report. It is the member’s responsibility to ensure the accuracy of all inspections undertaken and hereby agrees that the company will not be held liable for any damages or claims whatsoever arising out of any failure to do so. The member also agrees to promptly advise the company in writing of any legal actions, suits, claims for compensation or any demands whatsoever brought against the member or its inspector/s arising out of their use of the company services, app. or intellectual property. The member agrees to indemnify the company, its directors and employees against any claim, action, loss, legal cost or expense arising out of any use of the software and app. services and general information provided. The member agrees that the company will not be held liable for any damages whatsoever, including direct, indirect, incidental, special or consequential damages, even if the company has been advised of the possibility of such damages, arising from or relating to, or in connection with;
- the use or inability to use the app. as intended,
- failure to collect and apply appropriate data through member error or operator error,
- the cost of replacement of any information stored or managed using the app.,
- unauthorised omissions of any service or storage providers or other service providers or other third parties of the app.,
- loss of data stored by the company through no or any fault of the company, or
- any other matter arising from, relating to, or in connected with the company’s app. and service or these terms.
The company will not be liable for any failure or delay in performing under these terms where such failure or delay is due to causes beyond the reasonable control of the company, including changes in government acts or omissions, laws or regulations, hardware or software failures or slowdowns, pandemics or act of god. The member also agrees not to sub-license or assign any rights or use of the software applications without written consent of the company to any third party or inspector not listed and authorised as a member without the prior written consent of the company, which consent the company may grant or not in its absolute discretion.
The company hereby warrants that it has and will maintain the full, absolute and exclusive rights to the intellectual property and the use of any or all of the intellectual property according to the terms and conditions of this agreement will not result in the infringements of any proprietary rights of third parties in accordance with the law of Victoria. The member hereby warrants that the membership and inspector information provided to the company is kept accurate, current and complete at all times. Privacy & Security Access to client and inspection data is restricted strictly to the member and the inspector by the authentication process of member login, username and password. The cloud database and server maintains its own unique policy and security protocols to protect systems against unauthorized access and malicious attack. Access to data for the purposes of undertaking ongoing maintenance and software upgrades is strictly restricted to technical staff and consultants appointed by the company. It is agreed that access to any or all services provided by the company may be terminated or modified at the sole discretion of the company due to non-compliance or in conflict with this agreement. It is also agreed that the company will not be liable for loss or damage of any kind due to interruption, modification, discontinuance or termination of services.
The member agrees this agreement may be terminated forthwith by the company by written and/or electronic notice to the member if the member commits any breach of any provisions of this agreement, or if any circumstances change such that it is no longer appropriate, in the opinion of the company, to utilise the app. and services. The company may terminate this licence and agreement in any of the following circumstances:
- the member making or filing of an application or the event of bankruptcy, liquidation or administration, otherwise for the purpose of reconstruction or amalgamation, under any law or government regulation relating to bankruptcy or insolvency,
- the appointment of a trustee for all or substantially all of the property of your estate,
- the making of an assignment or attempted assignment for the benefit of your creditors, or
- your registration as a building surveyor or Swimming Pool inspector in Victoria or any other State ceases, lapses, is suspended or is deregistered.
Any termination of this agreement by the company shall be without prejudice to the rights of the company to seek and obtain damages for any breach of this agreement by you. On termination of this agreement the member shall immediately cease all use of the app. and all services provided by the company.
The member or its employees shall not use any of the company’s disclosures or other information or technical data except for the purpose of the license granted herein and according to the terms and conditions of this agreement. Notwithstanding this, the member may disclose information if and to the extent that such disclosure is forced by laws, regulations or orders.
Any dispute arising from this agreement or terms and conditions of use of the services or software application provided by the company will be interpreted in accordance with the laws of the State of Victoria and the parties submit to the jurisdiction of that state. If any provision of this agreement is held by a Court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, the validity and enforceability of the remaining provisions of this agreement shall not be thereby affected.
Any waiver or forbearance regarding the performance of this agreement shall operate only if in writing and only to the specified instance and shall not affect the existence and continued applicability of the terms thereafter. This member and licence agreement embodies all the terms and conditions binding between the member and the company and replaces all previous representations or proposals not embodied herein.