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Zodiac's Terms and Conditions

General

While we do not generally require that you provide us with personally identifiable information, such as your email address, name, mailing address, telephone number, social security number, credit card number etc., (together "Personal Data"), in order to visit and use this website, and any sub-sites thereof, (together "the Site"), published and maintained by Zodiac Pool Care SA (PTY) Limited (with main office address 48 Reedbuck Crescent, Corporate Park, Randjespark, Midrand, South Africa), or its subsidiaries or branch offices world-wide, please note that in order to take part in some of our functions and activities and to get access to some of our products or services, it will be necessary for you to provide Personal Data on certain areas of the Site.

From time to time, we may change or modify these Terms of Use. You should therefore visit these pages in conjunction with each visit to the Site. If you continue to use the Site after we have changed or modified these Terms of Use, it also means you agree to the new terms of use.

Availability of Products

The products displayed on the Site may not be available in your particular country or locality, or at all. The reference to such products and services on the Site is for information purposes only and does not imply or warrant that these products or services will be available in your particular country, location or elsewhere. You should check with your local Dealer for the availability of specified products and services in your area.

Ownership

All materials, including all images, software, text and graphics, buttons, keywords, metatags and as well as the general "look and feel", ("the Content"), contained on the Site are protected by copyright under national laws and international treaties. The marks, corporate logos and emblems displayed on the Site are subject to the trademark and other rights of Zodiac Pool Care (PTY) Limited or its content providers.

You cannot use the Content except as specified herein. Violation of these terms may constitute violation(s) of our or our content providers' intellectual property rights, and Zodiac Pool Care SA (PTY) Limited or its content providers may be required to take legal actions to protect these rights.

The Content may be viewed and printed, and documents thereon distributed provided such documents are used for information and non-commercial personal purposes only and reference is made to Zodiac Pool Care SA (PTY) Limited, whenever the document is used. You may not exchange, modify, sell or transmit anything on the Site. Press releases and other documents classified as public may be for public communication provided the source of the information is stated.

If you send any communications or materials to the Site by electronic mail or otherwise, all such communications will, to the extent not otherwise labelled, be treated as non-confidential and non-proprietary. Zodiac Pool Care SA (PTY) Limited is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever. However, you agree and understand that Zodiac Pool Care SA (PTY) Limited is not obligated to use any such ideas or materials, and you have no right to compel such use.

Links

For your convenience, the Site may include links to sites on the Internet which are owned, published and maintained by third parties. Please note that such linked sites are not under our control, and therefore Zodiac Pool Care SA (PTY) Limited cannot assume any responsibility for the content of such linked sites. Links to the Site are prohibited without the consent of Zodiac Pool Care SA (PTY) Limited. Links do not, and are not intended to, create or constitute a legal affiliation between Zodiac Pool Care SA (PTY) Limited and any third party, any liability or responsibility on the part of Zodiac Pool Care SA (PTY) Limited for the content, advice, representations, products or services of any third parties, or any endorsement, warranty or guaranty of their products and services or the performance or quality of same.

Protection of Information

Internet transmissions are never completely private and secure. You understand that any message or information you send on the Site may be read or intercepted by others. Also, if you share your computer with other people, you should close your browser window when you are done.

Indemnification

Neither Zodiac Pool Care SA (PTY) Limited nor those who helped us to create, produce, deliver, and/or maintain the Site are responsible for any damages that may result from your use of the Site. This includes direct, incidental, consequential, indirect, or punitive damages and attorneys' fees arising from your access to, or use of, the Site. Therefore, you are entirely responsible for the consequences of your use of the Site. You agree to indemnify, defend and hold Zodiac Pool Care SA (PTY) Limited, providers, licensors and licensees, officers and parent companies (together "Indemnified Parties"), harmless from and against any and all liabilities, claims and expenses, including any attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, the foregoing representations, warranties and covenants.

Every effort has been made to ensure the accuracy of the information on the Site. However, because of the nature of the medium and the risks of interruption and disruption, liability is excluded as set out below.

General Provisions

These terms and conditions and any additional terms posted on the Site together constitute the entire agreement between Zodiac South Africa (PTY) Limited and you with respect to your use of the Site. The failure of Zodiac South Africa (PTY) Limited to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Zodiac South Africa (PTY) Limited of a breach of any provision hereof be taken or held to be a waiver of the provision itself. To be effective, any waiver by Zodiac South Africa (PTY) Limited must be in writing. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these terms and conditions shall continue in full force and effect. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa, without reference to its conflicts of law rules.

Use and Disclosure of Personal Information

Should the Personal Data held by us no longer be required by us for any of the purposes set out in the section "Use and Disclose of Personal Data" above, we undertake to take reasonable steps to destroy or de-identify the Personal Data after a reasonable period of time has elapsed. If you provide Zodiac Pool Care SA (Pty) Limited with Personal Data, you shall have the right, on reasonable prior written notice, to request inspection, change, amendment, or deletion of such Personal Data.

Transfer of Personal Data

Unless it is for any of the purposes set out under the section "Use and Disclose of Personal Data" above, Zodiac Pool Care SA (Pty) Limited will not transfer (other than for routing purpose) the Personal Data you provide on the Site to any third party, except (a) with your consent; (b) as may be required by law or court order; (c) to persons or companies with whom Zodiac Pool Care SA (Pty) Limited has contracts to carry out the internal operations of the Site or our business; or (d) we reasonably believe that they are subject to law, binding scheme or contract which upholds principles for fair handling and adequate level of protection of Personal Data.

Disclaimers

This website, including its content and function, is provided "as is" to the fullest extent permitted by law. Accordingly, your use of this website is at your own risk. Zodiac and its subsidiaries make no representation or warranty of any kind whatsoever as to the accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content published on or available through this website. Zodiac and its subsidiaries additionally do not represent or warrant that the servers that make this website available to you are free of viruses or other items that may infect, harm, or cause damage to your computer equipment or any other property when you access, download from, or otherwise use the website.

To the extent permitted by law, under no circumstance whatsoever shall zodiac and its subsidiaries be liable for any consequential, incidental, direct, indirect, punitive, or special damages related to your use of or inability to use this website or to any errors or omissions in the content and function of this website. Because some jurisdictions do not allow exclusion or limitation of consequential or incidental damages, some or all of the preceding sentence may not apply to you.

Zodiac and its Subsidiaries may revise, add to, or delete from these terms and conditions at any time without notice to you. Any changes to these terms and conditions apply as soon as they are posted on this website; by continuing to use this website after any such changes are posted, you signify your acceptance of the changes. Zodiac International as well reserves the right to revise, add to, or delete from the content and function of this website at any time without notice or liability to you. Your sending any message to Zodiac or its Subsidiaries relating to or via this website does not cause Zodiac or its Subsidiaries to have any responsibility or obligation to you.

If this website contains links to other websites, Zodiac and its Subsidiaries provide such links for your convenience and assumes no responsibility for the content or function of any such linked websites. Zodiac and its Subsidiaries disclaim all warranties, express or implied, as to the accuracy, legality, reliability, or validity of the content and function of any such linked websites. Zodiac and its Subsidiaries additionally neither endorse nor recommend any such linked websites.

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