The terms that govern your use of our website and engagement of our services.
These Terms and Conditions ("Terms") govern your use of the website located at microcementpoolspty.site ("Site") and any services provided by Microcement Pools Pty Ltd (ABN 96 696 597 001 / ACN 696 597 001) ("Microcement Pools", "we", "us", or "our").
By accessing our Site or engaging our services, you ("you" or "Client") agree to be bound by these Terms. If you do not agree, please do not use our Site or services.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Building Services (Registration) Act 2011 (WA), the Building Act 2011 (WA), and the Home Building Contracts Act 1991 (WA).
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
Microcement Pools provides microcement pool resurfacing, waterproofing, seamless pool surround, spa and water feature finishing, repair, and colour consultation services in Western Australia. The precise scope, fees, timelines, materials, and deliverables for any engagement will be set out in a written quote or service agreement signed by both parties.
Nothing on this Site constitutes construction, structural, or legal advice. General information provided is for informational purposes only. You should obtain independent professional advice before undertaking any major building or pool renovation works.
Fees for our services will be specified in your engagement agreement. Unless otherwise agreed in writing:
GST is applied in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Tax invoices will be provided as required.
All intellectual property rights in the content of the Site — including text, graphics, logos, photography, design concepts, and colour palettes — are owned by or licensed to Microcement Pools. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
Design concepts, colour schemes, sample panels, and other creative deliverables produced during a project remain the intellectual property of Microcement Pools unless expressly assigned by written agreement. You are granted a non-exclusive licence to use such deliverables for the purpose for which they were created.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our services are provided to a consumer under the ACL, you may have consumer guarantees including that services will be rendered with due care and skill, fit for any purpose you have made known to us, and delivered within a reasonable time.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
Subject to clause 7 and to the rights you have under the ACL, Microcement Pools warrants its workmanship on pool finishing projects for a period specified in your engagement agreement (typically five (5) years from practical completion), provided that:
The warranty does not cover damage caused by ground movement, structural defects in the underlying pool shell, extreme weather events, or misuse.
Subject to clauses 7 and 8, and to the fullest extent permitted by law:
You agree to indemnify, defend, and hold harmless Microcement Pools, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
Each party agrees to keep confidential all non-public information received from the other party in connection with an engagement, and to use such information only for the purposes of that engagement. This obligation survives termination of the engagement for a period of 3 years. It does not apply to information that is or becomes publicly known other than through breach of this clause.
Either party may terminate a service engagement by providing written notice as specified in the relevant engagement agreement. Upon termination:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or our services after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by Microcement Pools to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any engagement agreement and our Privacy Policy, constitute the entire agreement between you and Microcement Pools with respect to your use of the Site and our services, superseding all prior agreements, representations, and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: