Term of use

Terms of Use

These Terms of Use are an agreement between Pool Safety Cam of the website (the “Site”), mobile application (the “App”), products or services made available by Pool Safety Cam (this “Agreement”). When we refer to our “Services” in this Agreement, we mean Pool Safety Cam’s Site, App, Devices and support services. Any reference to “Devices,” means Pool Safety Cam’s hardware products, including our cameras, sensors, and other devices.

Acceptance

User’s use of Pool Safety Cam’s Services is at all times subject to this Agreement. User should read this Agreement carefully and be sure User understands and agrees to it prior to using Pool Safety Cam’s Services. Any use of Pool Safety Cam’s Services, including use of the Site or the App, is deemed to be irrevocable acceptance of this Agreement. If User does not agree to this Agreement, User should not use, and should immediately exit, the Site. To use the App, the User must accept the Terms of Use before creating an account. For purposes of this Agreement, accessing the Site or App only to review this Agreement or Pool Safety Cam’s privacy policy, a copy of which is available on https://poolsafetycam.com.au, (the “Privacy Policy”), is not deemed to be use of the Site or App.

Mobile Version

User may use the mobile version of the Site in connection with User’s use of the Site. Any such use is subject to the terms and conditions of this Agreement.

Information

While performing its Services, Pool Safety Cam may collect Personal Information (as defined in the Privacy Policy) from individuals. All such Personal Information obtained by Pool Safety Cam will be held, disclosed, and used by Pool Safety Cam as set forth in the Privacy Policy and in accordance with all applicable law.

Account Creation and Access

To use certain Pool Safety Cam Services, User must register or sign up for an account and provide certain, individualized information. In doing so, User becomes a Pool Safety Cam account holder (“Account Holder”). Account Holder represents and warrants that: (i) all required registration and account information submitted is truthful, current and accurate; (ii) Account Holder will maintain the accuracy of such information; (iii) Account Holder will not violate any United States or other applicable law or regulation in connection with the use of the Services. Pool Safety Cam may suspend or terminate Account Holder’s account and/or access to the Services at any time upon becoming aware of any violation or threatened violation of the Agreement, any security or other threat to our systems, technology, business, other people, or other matters warranting such suspension or termination. Pool Safety Cam is not responsible for any loss or harm related to User’s inability to access or use our Services.

When Account Holder selects a username, password, or any other piece of information as part of our security procedures, Account Holder must treat such information as confidential, and must not disclose it to any other person or entity. Account Holder also acknowledges that the account is personal to Account Holder and agrees not to provide any other person with access to the Services or portions of it using Account Holder’s username, password, or other security information. If, however, Account Holder permits others to use the account credentials, Account Holder is responsible for the activities of such users that take place in connection with that account. Account Holder agrees to notify Pool Safety Cam immediately of any unauthorized access to or use of his or her username or password or any other breach of security. Account Holder should use particular caution when accessing his or her account from a public or shared computer so that others are not able to view or record the password or other personal information. Pool Safety Cam has the right to disable any user name, password, or other identifier, whether chosen by Account Holder or provided by Pool Safety Cam, at any time for good cause, including if we reasonably determine that Account Holder has violated any provision of the Agreement.

Shipping and Delivery

Shipping dates are approximate only and subject to change. Pool Safety Cam will use reasonable efforts to deliver Services on time; however, Pool Safety Cam will not be liable in damages or otherwise for delays or failure in performance when caused by circumstances, of every nature and description and however arising, beyond Pool Safety Cam’s reasonable control. Pool Safety Cam will provide commercial packaging, adequate under normal conditions, to protect Services in shipment and identify the contents. Claims for loss or damage in transit must be pursued with the commercial transportation company by the purchaser.

Rejections and Returns

Purchaser will be deemed to have inspected and accepted any shipment if, within thirty (30) days of purchaser’s receipt of Services, purchaser has not notified Pool Safety Cam in writing that such Services are rejected and the grounds therefore. Pool Safety Cam permits the return of products purchased directly from the Site within thirty (30) days of receipt of the product. We will refund the full purchase price paid minus any expedited shipping and handling. To return your product under the return policy, please contact Pool Safety Cam either by phone or email.

Please note the following:

The returned item must be in the original Pool Safety Cam packaging, with all materials included, and in new or as-new condition.
A Pool Safety Cam return authorization number (RMA) must first be obtained from customer support as provided below. We will only refund you the purchase price; expedited shipping and handling costs are not refundable.
The buyer is responsible for all return costs; we recommend you insure the product for the original purchase amount. Pool Safety Cam is not responsible for items lost in return shipping.
You will receive an email confirming the RMA number.
Pool Safety Cam must receive the returned item within fourteen (14) calendar days after an RMA number has been issued and the unit returned must match the serial number specified in the RMA.
Return authorization numbers are valid for only 14 calendar days from issuance. If the product is returned to Pool Safety Cam without a Pool Safety Cam return authorization number, and/or beyond the 14 calendar day period, and/or without proper packaging, Pool Safety Cam retains the right to refuse delivery of such return or may return the unit to you at your expense and with no refund issued.

User’s Responsibilities

User is solely responsible and liable for (a) using commercially reasonable measures to protect any Personal Information collected through the Services from loss or unauthorized access, alteration, disclosure or use, (b) obtaining and maintaining all third-party equipment, software and services necessary to use the Services, (c) protecting access to, and security of, all equipment, software and services used to connect to the Services, (d) performing all of User’s obligations pursuant to this Agreement, (e) except as set forth herein, obtaining and maintaining appropriate licenses and rights for use of any third-party products, services or content in connection with using the Services, (f) paying all fees and other amounts in performing its responsibilities pursuant to this Agreement, (f) promptly reporting to Pool Safety Cam in writing any defect or error in, shortcoming of, and other problem with, the Services, (g) User’s compliance with all applicable law in connection with all matters for which User is responsible hereunder and User’s use of the Services, and (h) obtaining from any third party any required approval, authorization, consent, license, permission and permit to use the Services as contemplated herein.

Software Updates

Pool Safety Cam may, in its sole discretion from time to time, provide updates, patches, fixes and other modifications to the Services, but has no obligation to do so. Any update will be subject to this Agreement. Updates may be automatically installed without providing any additional notice or obtaining any additional consent from User, and User hereby consents to these automatic updates. User may be required to install updates to use the Pool Safety Cam App or other components of the Services, and User may be required to promptly install any updates that Pool Safety Cam makes available. Pool Safety Cam is not responsible for any loss or harm related to User’s failure to update the Services.

Content

All right, title and interest in any content (including, but not limited to, all intellectual property rights therein) submitted to Pool Safety Cam, the Services by User or available on, or made available through, the Services (collectively “Content”) belongs to, or is licensed by, Pool Safety Cam. User may access and use any Content solely in connection with User’s authorized use of the Services, and for no other purpose. However, Pool Safety Cam may, in its sole discretion, prohibit use of any Content for prohibited purposes upon sending notice of such prohibited use. Users may not use any Content for any purpose prohibited by this Agreement, or any applicable law.

Prohibited Uses

Among other things, User shall not use the Services:

n a manner that is inconsistent with this Agreement;
in a manner that is inconsistent with Apple or Google’s Terms and Conditions
to modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable;
to combine or incorporate the software, or any part thereof, in any other programs;
to decompile or reverse engineer, or otherwise attempt to derive or gain access to the source code of the software or any part thereof;
o remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices included on the Services or related documentation, including any copy thereof;
for purposes of competitive analysis of the Services, including the software and Devices, or for any other purpose that is to Pool Safety Cam’s competitive disadvantage;
for a use that would be illegal under laws that pertain to the jurisdiction in which the Services are being used;
to misrepresent your identity or affiliation with any person, including Pool Safety Cam;
to transmit information that is in any way false, fraudulent, or misleading.
to interfere with another User’s use and enjoyment of the Services, or the proper operation of the Services;
to interfere with or circumvent any security feature of the Services;
to harvest, scrape, or otherwise collect or store any information, including Personal Information, from the Services;
to attempt to gain unauthorized access to the Services or other computer systems or networks connected to the Services; attempt to probe, scan, or test the vulnerability of a system or network; or attempt to breach security or authentication measures without proper authorization;
15. to infringe the rights of Pool Safety Cam (including intellectual property rights) or those of any third party in relation to your use of the Services.

Third-Party Vendors

Pool Safety Cam may rely on third parties to provide products, services and content in connection with the Services or this Agreement (individually a “Third-Party Vendor”), and Pool Safety Cam will have no responsibility or liability with respect to any Third-Party Vendor or any Third-Party Vendor’s products, services or content. A Third-Party Vendor may impose additional terms upon User’s use of such products, services and content, and User will be bound by such terms.

Security Breach

User shall immediately notify Pool Safety Cam in writing of any loss or unauthorized access, alteration, disclosure or use of any Personal Information collected through the Site. In responding to any such breach, User shall comply with all applicable laws and render all assistance requested by Pool Safety Cam so that Pool Safety Cam can comply with all laws applicable to Pool Safety Cam, if any, or take any other appropriate remedial measures as a result of such breach.

Third-Party Websites and Platforms

The Services may contain links to, or may be accessible through links on, websites that are not maintained by Pool Safety Cam. Your use of such a website (“Third-Party Site”) will be subject to its terms of use and other provisions, and you are responsible for reviewing and complying with such terms and other provisions. Pool Safety Cam is not responsible for any content contained on, or otherwise with respect to, such other websites. No link from the Services to another website, or from another website to the Services, is an endorsement, sponsorship or recommendation by Pool Safety Cam of such other website and links are provided only for User’s convenience. Pool Safety Cam will have no responsibility or liability to User arising from any link between the Services and a third-party website.

In addition, the Services may integrate and/or interact with third party platforms, including Apple (“Apple”) IOS App Store or Google Inc.’s (“Google”) Google Play. Pool Safety Cam has no affiliation, association, endorsement, approval or sponsorship by Apple, Google or any other third party platforms. It is your responsibility to review and interpret any third party terms and conditions applicable to your use of the third party platform, and you acknowledge and agree that Pool Safety Cam has no control over, and is not a party to, such terms and conditions. You further agree and acknowledge that Pool Safety Cam is not responsible for the operations, security or performance of such third party platforms. Therefore, Pool Safety Cam is not liable to you for any damage or loss that you suffer as a result of your use of a third party platform.

Additional Terms for Apple IOS

If you are accessing or using the Services through Apple IOS App Store, the following terms and conditions are also applicable to you:

You acknowledge that these Terms are entered into between you and Pool Safety Cam and, that Apple is not a party to this Agreement. Pool Safety Cam is solely responsible for the Services and its content.
Any licenses granted to you by this Agreement is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see http://www.apple.com/legal/itunes/us/terms.html).
Pool Safety Cam is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation to furnish support services to you with respect to the Services.
Pool Safety Cam is responsible for the warranties as set forth in Section 17. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services. However, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Services.
Pool Safety Cam, not Apple, is responsible for addressing any claims relating to the Services or your use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You agree that if the Services, or your possession and use of the Services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions in this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services.
You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Additional Terms for Google Play

If you are accessing or using the Services through Google Inc.’s (“Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions in this Agreement:

You acknowledge that Google is not responsible for providing support services for the Services.
f this Agreement is inconsistent or in conflict with the Google Play Developer Distribution Agreement (see https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

Trademarks

The Pool Safety Cam name, the terms, and all related names, logos, product and service names, designs, and slogans are trademarks of the company or its affiliates or licensors. You must not use such marks without the prior written permission of Pool Safety Cam. All other names, logos, product and service names, designs, and slogans used on or in connection with the Services are the trademarks of their respective owners.

Limited Express Warranty

Pool Safety Cam’s Services are made available to User “as is” and without any warranty or representation of any kind, whether express or implied. Without limiting the generality of the immediately preceding sentence, Pool Safety Cam disclaims all implied warranties (including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose).Pool Safety Cam warrants that its Devices will be free from defects in materials and workmanship for a period of one year from the date of purchase. If the product or any component is defective or malfunctions during this period, Pool Safety Cam will repair or replace the products, at its sole discretion, free of charge. This limited warranty does not apply to the following events or occurrences: damage due to abuse, misuse, modification, alteration, failure to follow instructions and specifications, negligence, casualty, and acts of God. This limited warranty does not apply to consumable parts (e.g., batteries) and does not include reimbursement for inconvenience, installation, loss of use, or unauthorized service.

DISCLAIMER OF ALL OTHER WARRANTIES

With the exception of the foregoing limited warranty, Pool Safety Cam makes no other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, in connection with its services, including its devices. If applicable law does not allow for the disclaimer of statutory or implied warranties, then to the fullest extent permitted by applicable law, such statutory and implied warranties shall be limited in duration to the period of one year from the date of purchase of the alarm product(s).

Limitation of Liability and Liquidated Damages

Pool Safety Cam’s Services are not a life-saving system and are not intended to be solely relied upon by User for supervising an area of safety concern. The Services are meant to supplement active, human supervision of minors, those who cannot swim or those who may be at risk for accidental injury or death. The Services are subject to technology shortfalls including, but not limited to, interruptions in electrical power or WiFi signal and/or network overload. User must always ensure minors are properly supervised by an adult. For more information on pool safety, please see www.poolsafely.gov.

User understands the above and agrees that Pool Safety Cam’s Services are designed to reduce the risk of loss only as detection/notification products. These Services, including the Devices, do not avert, eliminate, or minimize occurrences or events, such as personal injury, death, or property damage, and the User is not purchasing the alarm products in reliance on them to avert, eliminate, or minimize such occurrences or events. Pool Safety Cam makes no guarantee or warranty, beyond the foregoing Limited Express Warranty, that the Services, including the Devices, will detect or avert such occurrences or their consequences. Accordingly, Pool Safety Cam has no liability for any losses in connection with its services, including the devices, no matter the cause, even if due to Pool Safety Cam’s own negligence or the services, including the devices’s, malfunction or nonfunction.

It is impractical and extremely difficult to determine actual damages, if any, that may result from Pool Safety Cam’s failure to perform its obligations. In no event will the customer hold Pool Safety Cam liable for any consequential or incidental damages, including without limitation, damages for personal injury, death, or property damage. Notwithstanding the provisions herein, if Pool Safety Cam is found liable for any loss, damage, or injury under any legal theory relating to its services, including the devices, then Pool Safety Cam’s liability shall not exceed the greater of the amount the customer paid for the alarm products and services or $500.00. This agreed-upon amount is not a penalty, but the customer’s sole remedy.

Pool Safety Cam is Not an Insurer

It is understood and agreed that Pool Safety Cam is not an insurer, and that insurance coverage, if any, shall be obtained by User to protect against the risk of loss. It is further understood and agreed that the amounts payable to Pool Safety Cam hereunder are based upon the value of the Services, not the value of User’s property. User agrees to look exclusively to User’s insurer to recover for injuries or wrongful death, or property loss, and releases and waives all right of recovery against Pool Safety Cam by way of subrogation or otherwise.

Indemnification

User shall indemnify, defend and hold harmless Pool Safety Cam from all costs, damages, expenses, fines, liabilities, losses, penalties and payments (including, but not limited to, fees and disbursements of counsel to Pool Safety Cam) resulting from, or relating to, (a) User’s failure to perform any obligation or assume any responsibility pursuant to this Agreement, (b) any warranty or representation made by User in this Agreement being untrue or misleading in any respect, (c) any unauthorized use of Pool Safety Cam’s Services by User, (d) any products, services or content of Third-Party Vendors, or (e) except to the extent Pool Safety Cam is grossly negligent or engages in intentional misconduct, any action taken, or not taken, by User or any third party in reliance on the Services.

Given that user retains the sole responsibility for the life and safety of all persons on its premises, and for protecting against losses to his/her own property or the property of others on its premises, user agrees to defend, indemnify, and hold harmless, Pool Safety Cam, its employees, agents, or representatives from and against all claims, lawsuits, and losses by third parties, alleged to be caused, in whole or in part, by the improper operation of the alarm products and services, whether due to their malfunction or nonfunction, or the negligence or nonperformance of Pool Safety Cam.

With respect to Pool Safety Cam’s services, including its devices, user expressly waives all rights and remedies conferred upon him/her under article 2a of the uniform commercial code and any rights now or hereafter conferred upon a customer by statute or otherwise that may limit or modify Pool Safety Cam’s rights as described herein.

Time to Bring Claim or Suit

No claim or lawsuit shall be brought against Pool Safety Cam more than one year after the accrual of the cause of action arises.

Severability

Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.

Revisions

Pool Safety Cam may revise any provision of this Agreement from time to time by (a) posting the revised provision so that it is accessible to User on the Services, or (b) notifying User of the revised provision in an email message or other notice sent to User at the address for User in Pool Safety Cam’s records. Any such revision will be effective immediately upon the earlier of such posting, sending such email message or five days after such notice is placed in regular mail, with postage prepaid. User is responsible for periodically checking this Agreement on the Services for revisions to this Agreement. Any other revision to this Agreement must be in a writing signed by Pool Safety Cam and User.

Disputes

This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York, without regard to principles of conflict of laws. Any complaint of User relating to the Services or this Agreement (other than any such complaint relating to the Privacy Policy) must first be submitted to Pool Safety Cam as set forth in Section 27, and Pool Safety Cam must be given a reasonable opportunity of not less than 45 days to investigate and respond to such complaint. Upon Pool Safety Cam’s completing such investigation and so responding, User and Pool Safety Cam must then attempt, in good faith, to promptly resolve any remaining aspects of such complaint. If any aspect of such complaint remains unresolved after an additional reasonable period of not less than 45 days, and User desires to pursue other remedies, User may, within one year from the accrual of the cause of action, commence a lawsuit against Pool Safety Cam in connection with the unresolved portion of such complaint in a court located in New York County, New York, and having subject matter jurisdiction over such complaint. User consents to any such court being a proper venue for such complaint, and waives any right to object to such court being an improper venue, whether for inconvenience or otherwise. If any such lawsuit is commenced as set forth herein, User (a) waives any right to a jury trial, (b) consents to all findings of fact being determined by the presiding judge, and (c) waives any right to bring or join any claim against Pool Safety Cam as a member or other participant in any class action or other similar form of litigation.

Expenses

Except as provided in this Agreement, or any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this Agreement.

Notices

User must send notices to Pool Safety Cam relating to the Services or this Agreement via email below:
E-mail: hello@poolsafetycam.com.au
Any such notice will be effective upon actual receipt by Pool Safety Cam. Pool Safety Cam may send notices to User relating to the Services or this Agreement through e-mail, regular mail or a general posting on the Site. Any such notice from Pool Safety Cam will be effective (a) immediately upon Pool Safety Cam’s sending such notice to the address it has in its records for User in the case of e-mail, (b) five days after Pool Safety Cam’s sending such notice to the address it has in its records for User, with postage prepaid, in the case of regular mail, and (c) immediately upon User’s entering the Site after such notice is posted on the Site.

Waivers

No failure of Pool Safety Cam to exercise, and no delay by Pool Safety Cam in exercising, any right or remedy under this Agreement shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by the party granting such waiver, and specifically referring to each such right or remedy being waived.

Equitable Remedies

User acknowledges that a remedy at law will be inadequate if User violates any provision of this Agreement, and if Pool Safety Cam reasonably believes User has violated any such provision, User consents to Pool Safety Cam’s obtaining from a court having jurisdiction an injunction, a restraining order, specific performance or other equitable remedy against User, without any requirement for a bond or other security. The right of Pool Safety Cam to obtain any such equitable remedy shall be in addition to, and not in lieu of, each other right or remedy available to Pool Safety Cam under this Agreement or any applicable law.

Force Majeure

Pool Safety Cam shall not be liable or responsible to the other party for damages incurred by User for any delay or failure in performing an obligation pursuant to this Agreement to the extent such failure is caused by (a) death or illness, (b) flood, rain, snow or other weather conditions, (c) governmental action, including closings and shutdowns (d) slowdowns, strike or other labor disturbances, (e) riot, (f) terrorism, (g) unavailability of utilities or other essential items, (h) war, whether or not war is actually declared, or (i) other events or occurrences beyond the reasonable control of Pool Safety Cam, so long as Pool Safety Cam uses commercially reasonable efforts to overcome as soon as reasonably practicable, such events or occurrences.

Third-Party Beneficiaries

There are no third-party beneficiaries of this Agreement, and no provision of this Agreement can be enforced or relied upon by any third party.

Miscellaneous

This Agreement (a) inures to the benefit of, and is binding upon, User and Pool Safety Cam and each of User’s and Pool Safety Cam’s successors and assignees, except that User may not assign any of User’s rights or obligations under this Agreement without first obtaining the written consent of Pool Safety Cam, and (b) constitutes the entire agreement between User and Pool Safety Cam with respect to the subject matter of this Agreement, and supersedes all prior oral and written proposals, representations, understandings and agreements. Any attempt by User to assign to a third party any right or remedy hereunder without Pool Safety Cam’s prior written consent will be null and void, and of no effect. Pool Safety Cam may, in its sole discretion, assign or otherwise transfer this Agreement to a third party. If there is any conflict or inconsistency between any provision of this Agreement and any provision contained on the Site or App (other than the Privacy Policy), the former will control.

User represents and warrants to Pool Safety Cam that User (1) has carefully read this Agreement, (2) is entering into this Agreement on User’s own behalf, and (3) has sufficient capacity to enter into this Agreement and bind User.