Pool & Hot Tub Depot - www.poolandhottubdepot.com
Pool and Hot Tub Depot and its affiliates provide their services to you subject to the following terms and conditions, which you should read. Various features and services may have other terms and conditions to which you will be subject.
Your use of and items purchased on Pool and Hot Tub Depot website (poolandhottubdepot.com) indicates your acceptance of and agreement to be bound by these terms and all subsequent revisions. We may revise these terms from time to time by updating this Conditions of Use Information page.
Nothing on The Pool and Hot Tub Depot website should be construed as offering legal, medical or other professional advice.
Registration
Generally you do not need to register to enjoy our website, though certain features and services such as shopping may involve registration.
When asked to provide information, you agree to provide true, accurate and complete information. You also agree to maintain and update such information to maintain its completeness and accuracy. We reserve the right to terminate your use of our services if we discover that any information you provided is not accurate and complete. We may change or discontinue any feature or service of this website, including, but not limited to, content, hours or availability and equipment needed to access or use www.poolandhottubdepot.com.
COPPA Compliance
Users who register with Pool and Hot Tub Depot website must be at least 13 years old. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Pool and Hot Tub Depot will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
Privacy
Please review our Privacy Policy, which also governs your use of The Pool and Hot Tub Depot website, for information about our privacy practices. In addition, other policies posted on Pool and Hot Tub Depot website also govern your use of the site.
Limited License of Use
Pool and Hot Tub Depot grants you a limited license to access and make personal use of Pool and Hot Tub Depot website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pool and Hot Tub Depot. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent from Pool and Hot Tub Depot. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pool and Hot Tub Depot website and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Pool and Hot Tub Depot name or trademarks without the express written consent of Pool and Hot Tub Depot. Any unauthorized use terminates the permission or license granted by Pool and Hot Tub Depot.
Registered Copyright 1122339
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the registered property of Pool and Hot Tub Depot or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of Pool and Hot Tub Depot and protected by Canadian and international copyright laws. All software used on this site is the property of Pool and Hot Tub Depot or its software suppliers and protected by Canadian and international copyright laws. Except as provided for by law, you may not use any Pool and Hot Tub Depot's copyrighted material without express written permission.
Copyright and Trademark Agent
Pool and Hot Tub Depot respects the copyright and Trademarks of others. If you believe that your work has been infringed by any material on Pool and Hot Tub Depot website, Via register mail please contact:
Bereskin & Parr LLP
Scotia Plaza, 40 King Street West
40th Floor
Toronto, Ontario
M5H 3Y2
Trademarks
Pool and Hot Tub Depot trade name and the Pool and Hot Tub Depot logo are registered trademarks, as indicated, Registration number TMA965337. Except as provided for by law, you may not use Pool and Hot Tub Depot’s trademarks or trade dress without express written permission. All rights reserved. All other trademarks appearing on Pool and Hot Tub Depot are the property of their respective owners.
Third Party Content
You may post product reviews and comments so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pool and Hot Tub Depot reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant Pool and Hot Tub Depot and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pool and Hot Tub Depot and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pool and Hot Tub Depot or its affiliates for all claims resulting from content you supply. Pool and Hot Tub Depot has the right but not the obligation to monitor and edit or remove any activity or content. Pool and Hot Tub Depot takes no responsibility and assumes no liability for any content posted by you or any third party.
As a distributor of content supplied by third parties and users, Pool and Hot Tub Depot has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of Pool and Hot Tub Depot. Neither Pool and Hot Tub Depot nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to “Disclaimer of Warranties” below for the complete provisions.)
In many instances, the content available through Pool and Hot Tub Depot represents the opinions and judgments of the respective information provider or user. It is always your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Pool and Hot Tub Depot website, whether published by a third party or Pool and Hot Tub Depot. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Notices
You consent to receiving any necessary notices either as posted on Pool & Hot Tub Depot website, sent via electronic mail, or a combination thereof. You agree to and are responsible for checking the Pool & Hot Tub Depot website for notices. You will be considered to have received a notice when it is made available by posting on Pool & Hot Tub Depot website.
Links
Pool and Hot Tub Depot website contains links to other web sites or resources. You acknowledge and agree that Pool and Hot Tub Depot is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources.
Correspondence with Merchants, Advertisers and Other Third Parties
Your correspondence with merchants, advertisers, and other third parties found on Pool and Hot Tub Depot website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Pool and Hot Tub Depot, its affiliates, and their respective officers, directors, employees, agents, attorneys, accountants, consultants, advisors and content providers from and against any claims, actions or demands, liable for any loss, damage, cost or expense of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on Pool and Hot Tub Depot website.
Disclaimer of Warranties
ALL OF THE INFORMATION, OPINIONS, AND DATA ON POOL AND HOT TUB DEPOT WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
WE ALSO MAKE NO WARRANTY THAT POOL AND HOT TUB DEPOT WEBSITE WILL MEET YOUR REQUIREMENTS NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM POOL AND HOT TUB DEPOT WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM POOL & HOT TUB DEPOT OR THROUGH POOL AND HOT TUB DEPOT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT POOL AND HOT TUB DEPOT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER POOL AND HOT TUB DEPOT NOR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, ACCOUNTANTS, CONSULTANTS, ADVISORS, AND PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN POOL AND HOT TUB DEPOT WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER POOL AND HOT TUB DEPOT, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Indemnity
You agree to defend, indemnify, and hold harmless Pool and Hot Tub Depot, its affiliates, and their respective officers, directors, employees, agents, attorneys, accountants, consultants, advisors, and partners from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from use of Pool and Hot Tub Depot website or content therein or violation of these Conditions of Use.
Limitation of Liability
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH POOL AND HOT TUB DEPOT WEBSITE, OR CONTENT THEREIN IS LIMITED TO ONE HUNDRED DOLLARS CANADIAN ($100.00). NEITHER POOL AND HOT TUB DEPOT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, ATTORNEYS, ACCOUNTANTS, CONSULTANTS, AND ADVISORS AND ITS PUBLISHERS OR CONTENT PROVIDERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING POOL AND HOT TUB DEPOT WEBSITE OR CONTENT THEREOF SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE POOL AND HOT TUB DEPOT WEBSITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.
Parts and service - installation:
All electrical and plumbing parts that the Pool and Hot Tub Depot sells are intended for professional installation, licensed contractor or qualified hot tub technician. Any sales, technical or installation-service advice provided by this website, via email to you or our staff over the phone, may not be construed to authorize or suggest anything but professional installation - service. Any sales technical or parts suggestions made to you via email or over the phone, may not be construed to authorize or suggest that the part is correct for the application you intent to use it, it is your sole responsibility to ensure the compatibility and suitability of the part you are purchasing is correct for your application. Spa equipment is intended to be professionally installed, serviced - improper use or installation could result in injury, fire or death. Pool and Hot Tub Depot assumes no liability for any incidental, indirect, or consequential damages or losses resulting from the use of any products purchased on our website. Installation requirements may differ by local code. You must obtain all permits as required, and have equipment professionally installed by a qualified person in your province.
Credit Card Dispute Abuse Policy
We strive for customer satisfaction, and this fact is verified by customer feedback, as well as third-party organizations that monitor our performance. There is normally no legitimate reason for a customer to dispute a credit card charge (also known as a "chargeback") with us. It has been reported that a small minority of online shoppers have attempted to dispute charges fraudulently, with the criminal intent to obtain merchandise without paying for it.
To protect ourselves and our good customers, we have adopted the following policy:
All instances of chargeback abuse will be reported as delinquent accounts for collection. This action will also be reported to major credit bureaus, and may be part of a consumer's credit file for 7 years. We also reserve the right to file a report with the RCMP for credit card fraud, and seek criminal prosecution, along with a report to the RCMP Internet Crimes division, as appropriate. We further reserve the right to report the incident for inclusion in a chargeback abuser database.
If you believe you are entitled to a refund or adjustment through no fault of your own, please contact our Customer Service Help Desk. Our friendly & courteous customer service staff is here to assist you.
General Provisions
You are responsible for complying with applicable local laws, keeping in mind that access to Pool and Hot Tub Depot website or its content may not be legal by certain persons or in certain countries.
If any part of these Conditions of Use are held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Conditions of Use are between you and Pool and Hot Tub Depot and may not be transferred, assigned or delegated to anyone without our express written permission. Any attempt to assign, transfer or delegate these Conditions of Use without our express written permission shall be null and void.
By visiting Pool and Hot Tub Depot website, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Pool and Hot Tub Depot or its affiliates. Venue and jurisdiction shall solely and exclusively be in the city of London Ontario, Canada, and you consent to exclusive jurisdiction and venue in such courts.
Any dispute you may have with respect to Pool and Hot Tub Depot must be commenced within Six(6) Months after it arises, or the cause of action is barred.
Pool and Hot Tub Depot and website, www.poolandhottubdepot.com, is owned and operated by Pool and Hot Tub Depot, an Ontario Registered Corporation, with it's Mailing Address at:
195 Exeter Rd, Unit F,
London Ontario Canada
N6L 1A4
04302021
