Terms & Conditions
1. WHO ARE WE AND APPLICATION OF THESE TERMS AND CONDITIONS
1.1.1 ‘Dr. PoolSafe’ is the trading name of Doctor PoolSafe Pty Ltd (hereafter ‘DPS’), ACN 643 954 349, a company incorporated in Australia under the Corporations Act 2001 (Cth.)
1.2 GENERAL
1.2.1 The personal information (as defined by the Privacy Act 1988) of DPS customers may only be stored, accessed, used or disclosed offshore where such storage, access, use or disclosure is in accordance with all Australian laws, including the Privacy Act 1988, and DPS’s Privacy Policy.
1.2.2 DPS reserves the right to change, amend or add to these Terms & Conditions, and the Privacy Policy at our discretion, and will publish such changes on our Website. You agree that any changes, amendments or additions published on our Website will be taken to be effective immediately. It is the Customer’s responsibility to ensure that they are aware of the current Terms & Conditions, and the Privacy Policy.
1.2.3 You acknowledge and agree that by requesting DPS provide Inspection Services, using, browsing or otherwise accessing DPS’s Website, you agree to be bound by these Terms & Conditions of use, and our Privacy Policy.
1.3 DPS OBLIGATIONS
1.3.1 DPS shall upon request by the Property Owner provide Inspection Services in accordance with these Terms & Conditions, as follows:
1.3.1.1 An Accredited Inspector shall conduct an Initial Compliance Inspection of the Property Owner’s Safety Barrier during a Site Visit against the Relevant Legal Requirements. Should the Safety Barrier meet the Relevant Legal Requirements, a Certificate of Barrier Compliance will be issued by the Accredited Inspector.
1.3.1.2 In some circumstances the Safety Barrier will not initially meet the Relevant Legal Requirements, and will require repair works to be conducted under a 60 Day Barrier Improvement Notice which will be provided to the Property Owner following the Initial Compliance Inspection instead of a Certificate of Barrier Compliance. The Property Owner must ensure the items identified in the 60 Days Barrier Improvement Notice are remedied within 60 days from issuance, and the Safety Barrier has a Subsequent Compliance Inspection within this timeframe. Failure to do so may result in a Certificate of Non-Compliance being issued to the Local Council which governs the Site in accordance with the Relevant Legal Requirements. A Certificate of Barrier Compliance will be issued by the Accredited Inspector once the Safety Barrier has had a Subsequent Compliance Inspection, and the repairs adhere to the Relevant Legal Requirements.
1.3.1.3 Following the re-inspection of a Safety Barrier, a further maximum of 7 days are permitted beyond the initial 60 days to repair and have a further Subsequent Compliance Inspection. Failure to do so may result in a Certificate of Non-Compliance being issued to the Local Council which governs the Site in accordance with the Relevant Legal Requirements. A Certificate of Barrier Compliance will be issued by the Accredited Inspector once the Safety Barrier adheres to the Relevant Legal Requirements.
1.3.1.4 In rarer circumstances, where the Safety Barrier poses a significant and immediate risk to life and safety, an Accredited Inspector may determine that a Certificate of Non-Compliance must be immediately issued to the Local Council which governs the Site in accordance with the Relevant Legal Requirements without the provision of additional time for the Property Owner to make repairs to the Safety Barrier (Examples of such situations are where the Safety Barrier height is less than 1000 mm in any location, or where a door or gate forming part of the Safety Barrier is unable to be closed, or to remain closed in a locked position).
1.3.2 DPS will undertake best endeavours to assign the same Accredited Inspector for any Subsequent Compliance Inspections at the Site should they be required, however it is not always possible; and the Property Owner agrees that any Accredited Inspector allocated by DPS can provide the Compliance Inspection as required by the Relevant Legal Requirements.
1.3.3 A Certificate of Compliance and a 60 Day Barrier Improvement Notice (and any other document) shall be deemed to have been given and received:
13.3.1 If addressed or delivered to the email address provided to DPS from the Property Owner at the time of booking a Inspection Services; and
1.3.3.2 On the earliest date of:
(i) actual receipt; or
(ii) two (2) days after emailing.
1.3.4 A Certificate of Non-Compliance (and any other document) shall be deemed to have been given and received:
1.3.4.1. If addressed or delivered to the email or postal address published by the relevant Local Council on their website; and
1.3.4.2 On the earliest date of:
(i) actual receipt; or
(ii) two (2) days after emailing.
1.3.5 DPS accepts no responsibility or liability for any Compliance Inspections provided by an Accredited Inspector.
1.4 PROPERTY OWNERS OBLIGATIONS
1.4.1 Property Owners are responsible for ensuring that their Account Details are kept up to date, and to notify DPS immediately of any incorrect Account details.
1.4.2 Property Owners are responsible for ensuring their swimming pool or spa is registered with their Local Council, and paying any applicable fees or charges to their Local Council.
1.4.3 Property Owners are responsible for providing DPS or the Accredited Inspector with a complete copy of their swimming pool or spa registration correspondence from their Local Council, confirming the construction date of their swimming pool or spa, and the Applicable Barrier Standard as nominated by their Local Council in order to provide the Inspection Services. It is also the Property Owners responsibility to provide DPS or the Accredited Inspector information about any applicable building permits or about changes made to the Safety Barrier since the original date of construction of the pool or spa in order to ensure the correct Applicable Barrier Standard is applied prior to the Inspection Services being provided.
1.4.4 In circumstances where an Initial Compliance Inspection is conducted under the Applicable Barrier Standard as nominated by the Local Council of a Property Owner, and the Applicable Barrier Standard is subsequently amended to an alternate standard, an additional Initial Compliance Inspection will be required under the alternate Applicable Barrier Standard.
1.4.5 The Property Owner warrants the accuracy and completeness of all information given to DPS and the Accredited Inspector. The Property Owner shall answer any reasonable inquiries made by DPS or the Accredited Inspector in connection with the Inspection Services and the Compliance Inspection, direct others to liase, co-operate and confer with DPS and the Accredited Inspector where necessary, and provide DPS and the Accredited Inspector with all relevant information.
1.4.6 The Property Owner will provide the Accredited Inspector with unfettered access to the Site during the Site Visit, and will not obstruct the Accredited Inspector in carrying out their functions. The Property Owner must ensure that all areas of the Site relating to the Site Visit are safe and readily accessible for the allotted time frame for the Site Visit to occur. In some circumstances, this may also include a visual inspection (which may include photographic evidence) of adjoining properties for climbable objects in the immediate vicinity of boundary fences, where boundary fences are relied upon as a component of the pool or spa safety barrier, and it is the Property Owner’s responsibility to notify and obtain consent from their respective neighbouring property owners prior to a Site Visit. All pets must be tethered and/or isolated from the Accredited Inspector.
1.4.7 Property Owners warrants that the Accredited Inspector when carrying out the Compliance Inspection acts with the Property Owner’s authority.
1.4.8 Property Owners are responsible for complying with their own local, state and national laws concerning ensuring their Safety Barrier is properly maintained and adheres to the Relevant Legal Requirements.
1.4.9 Property Owners are responsible for submitting their Certificate of Barrier Compliance to their Local Council within 30 days of the date of issuance by the Accredited Inspector, and paying any applicable fees or charges to their Local Council. Should the Certificate of Barrier Compliance expire prior to being submitted to the appropriate Local Council, a Subsequent Compliance Inspection will be required in order to obtain a new Certificate of Barrier Compliance.
1.4.10 The Property Owner shall pay DPS the applicable Fee for the Inspection Services in accordance with these Terms & Conditions.
1.4.11 Property Owners shall indemnify both DPS and the Accredited Inspector against any claims in respect of DPS or the Accredited Inspector acting within authority as the Client’s agent in facilitating the Inspection Services or providing the Compliance Inspections respectively.
1.4.12 Customers of DPS agree and warrant that no charge-backs will be made relating to payment of Fees for the Inspection Services without our consent. In the event of any of the foregoing occurring, you agree to indemnify DPS for any costs, claims, damages and expenses relating to or arising in connection with this, including any expense incurred by us in recovering such amounts.
1.4.13 Property Owners are responsible for paying any fees, fines or charges levied by their Local Council in relation to their Safety Barrier.
1.4.14 A Compliance Inspection may be immediately terminated if a perceived risk to an Accredited Inspector becomes present. Belligerent and aggressive behaviour will result in a Site Visit being immediately terminated with the full service Fee remaining due and payable without refund.
1.5 PAYMENT OF FEES
1.5.1 Payment for Fees can be made to DPS by Credit Card (Credit Card details are transmitted through a secure server), Cash or Electronic Funds Transfer, at the discretion of the DPS.
1.5.2 All Fees are in Australian Dollars (AUD) and are listed on our Website or by arrangement.
1.5.3 Works may not commence on reports or representation until any required Fees are paid.
1.5.4 Where additional services are requested such as a Pre-Inspection Consultation, they will be charged at the rates as listed on the Website or by prior arrangement for services not listed.
1.5.5 We endeavour to assist to achieve a Certificate of Barrier Compliance on the Initial Compliance Inspection, however it is not always possible, and Subsequent Compliance Inspections may be required which will be charged separately.
1.5.6 Most Fees are listed on our Website in the fee schedule. For bespoke services that do not fall within our fee schedule and are for site-specific requirements, a fee proposal will be submitted to the Property Owner or the person acting on behalf of the Property Owner for acceptance.
1.5.7 Fees may be subject to change without notice.
1.5.8 Fees are due and payable on the day of any Site Visit, being either an Initial Compliance Inspection, a Subsequent Compliance Inspection or a Pre-Inspection Consultation where applicable. Additional late fees may apply to overdue accounts.
1.5.9 In the event that any Fees remain unpaid that relate to a Compliance Inspection or Subsequent Compliance Inspection where a Certificate of Pool and Spa Barrier Compliance has subsequently been issued, the Accredited Inspector reserves the right to revoke the issuance of the Certificate of Pool and Spa Barrier Compliance.
1.5.10 Payments made by credit card will incur a credit charge processing fee surcharge in addition to the Fees.
1.6 REFUND & REBOOKING POLICY
1.6.1. Please choose the time and date of your Compliance Inspection carefully ensuring your availability, or access to the Site to be provided to the Accredited Inspector. We do not normally give refunds if you simply change your mind or make a wrong decision. If, however for unforeseen circumstances occur a credit may be applied for. Credits will not be provided less than 24 hours of the scheduled Compliance Inspection time and date.
1.7 ENTIRE AGREEMENT
This document embodies the entire agreement between the parties and any previous or simultaneous negotiations, representations, arrangements and agreements are superseded by this Agreement. No amendment or variation may be made to this Agreement other than in writing executed by each of the parties.
1.8 SEVERANCE
In the event that any condition or provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever that condition or provision shall be read down to the extent necessary to give it, if possible, partial operation, but if that is not possible, the condition or provision may be severed, and the remainder of this Agreement shall remain in full effect.
1.9 DEFINITIONS
Account Details means the property address of the Site, the swimming pool or spa construction date as determined by the Local Council, and the Property Owner’s full name and contact details including but limited to email address and telephone number;
Accredited Inspector means a suitably competent, qualified and fully insured Building Inspector or Building Surveyor registered with the Victorian Building Authority (VBA) operating as an independent contractor to DPS;
Applicable Barrier Standard in relation to a swimming pool or spa barrier means the Relevant Legal Requirements in force at the date of construction of the swimming pool or spa, or if after the date of construction of the swimming pool or spa, building work is carried out on the whole or part of the barrier resulting in the whole or part of the barrier having to comply with any subsequent barrier requirements in force at the date of issue of any building permit for the building work, or in force at the date of commencement of the building work if no building permit was issued for the building work.
Compliance Inspection means either an Initial Compliance Inspection or a Subsequent Compliance Inspection;
DPS means Doctor PoolSafe Pty Ltd, trading as Dr. PoolSafe;
Fees means fees and charges payable to DPS for the Services provided by an Accredited Inspector;
Initial Compliance Inspection means an initial compliance inspection undertaken on the Safety barrier at the Site which is owned by the Property Owner based upon the Relevant Legal Requirements;
Inspection Services means the facilitation by DPS of an Accredited Inspector to carry out a Compliance Inspection;
Local Council means the relevant Victorian local council as determined by the Relevant Legal Requirements;
Pre-Inspection Consultation means an informal assessment undertaken on the Safety barrier at the Site which is owned by the Property Owner to Australian Standards. This is not a certified inspection, and this service will not include a Certificate of Barrier Compliance.
Property Owners means natural person(s) or companies who own a Site;
Relevant Legal Requirements means the Building Act 1993, Building Regulations 2018 and Building Regulations 2019;
Safety Barrier means any doors, windows, gates, walls, or fences which restricts access to a swimming pool or spa (and which is capable of containing water to a depth of greater than 300 mm) on a Site, or as further defined by the Relevant Legal Requirements;
Site Visit means a physical onsite inspection by an Accredited Inspector at the Site;
Site means the location of land on which a swimming pool or spa is located which is capable of holding more than 300 mm of water;
Subsequent Compliance Inspection means a compliance inspection undertaken on the Safety Barrier at the Site which is owned by the Property Owner subsequent to an Initial Compliance Inspection based on the Relevant Legal Requirements;
Website means the DPS website located at www.drpoolsafe.com.au
Last updated: 24 February 2023