Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website operated by Wahoo Pool Aquatics Pty Ltd (“Wahoo”, “we”, “us”, or “our”) at wahoopoolaquatic.com.au (the “Site”).

By accessing or using the Site, submitting an enquiry, or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Site or engage our services.

These Terms do not constitute a construction contract. Commercial engagements are governed by a separate formal contract issued at Stage 03 of our delivery process — the formal contract takes precedence where any conflict arises.

2. About Wahoo Pool Aquatics

Wahoo Pool Aquatics Pty Ltd is an Australian commercial aquatic construction specialist:

• QBCC Licensed Contractor — certified for commercial aquatic structural works across Queensland.
• NSW Fair Trading registered for cross-border commercial operations.
• Registered address: Brisbane Northside HQ, Queensland, Australia.
• Services: commercial aquatic construction exclusively — no residential work.

3. Use of This Website

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of others. You must not:

• Use the Site to engage in unlawful, fraudulent, or harmful activity.
• Attempt unauthorised access to any part of the Site, servers, or connected systems.
• Introduce viruses, malware, or any malicious code.
• Scrape, harvest, or otherwise extract Site content for commercial competitive use without written permission.
• Reproduce, republish, or redistribute Site content except as expressly permitted.
• Misrepresent your identity or submit false information via any form.

We reserve the right to restrict or terminate Site access at our discretion in response to violations of these Terms.

4. Commercial Services

We exclusively deliver commercial aquatic construction services to businesses, councils, developers, hotels, educational institutions, and other commercial operators. Residential or lifestyle pool work is outside our operating scope and we will decline such enquiries.

Commercial engagements follow our published five-stage process (Consult → Design → Engineer → Build → Aftercare). Formal engagement commences only upon:

• Execution of a signed fixed-sum or schedule-of-rates contract at Stage 03 (Engineer).
• Receipt of the contract deposit or first progress claim as specified in the contract.

No information on this Site, in a quote, or in any feasibility memo creates a binding contractual obligation on either party until the formal contract is executed.

5. Quotes, Estimates & Feasibility Memos

Unless expressly stated otherwise in writing, our quotes and estimates are:

• Non-binding indications based on information available at time of preparation.
• Valid for 30 days from issue unless a different validity period is stated.
• Subject to revision if site conditions, scope, regulatory requirements, or material costs change materially.
• Class-graded (Class 4 feasibility → Class 1 fixed-sum) — class accuracy is noted on each document.

Feasibility memos provided during Stage 01 are advisory and do not constitute professional certification. Any certified structural, hydraulic, or compliance documents are issued only at Stage 03 following execution of the formal contract.

6. Intellectual Property

All content on the Site — including text, graphics, logos, images, designs, engineering diagrams, case studies, and software — is the property of Wahoo Pool Aquatics Pty Ltd or our licensors, and is protected by Australian and international copyright, trademark, and intellectual property laws.

You may view, download, or print Site content for personal or internal commercial evaluation purposes only. Any other use — including reproduction, redistribution, adaptation, or commercial re-use — requires prior written permission.

Project-specific deliverables (structural calculations, shop drawings, commissioning reports) are owned by Wahoo until full payment is received, at which point a limited licence is granted to the client for the purpose of operating and maintaining the delivered asset. Wahoo retains ongoing ownership of underlying methodology and IP.

7. User-Submitted Content

When you submit information via our lead form, email, or otherwise share content with us (project briefs, architectural drawings, site plans, reference imagery), you represent and warrant that:

• You have the right to share the content with us.
• The content does not infringe third-party intellectual property, privacy, or other rights.
• The information you provide is accurate to the best of your knowledge.

You grant us a non-exclusive licence to use the submitted content solely for the purpose of responding to your enquiry and delivering any resulting services.

8. Third-Party Links

The Site may contain links to external websites operated by third parties (such as Google Maps, industry associations, regulatory bodies, or referenced partners). We do not control, endorse, or assume responsibility for the content, policies, or practices of any third-party site. Your use of external sites is at your own risk and subject to their respective terms.

9. Disclaimers

The Site and its content are provided “as is” and “as available” without warranties of any kind, whether express or implied — except to the extent warranties are prescribed by the Australian Consumer Law (see Section 12) and cannot be excluded.

To the maximum extent permitted by law, we disclaim any warranty that:

• The Site will be uninterrupted, error-free, or free from viruses or malicious code.
• Content is complete, current, or free from inaccuracies — engineering data on the Site is for illustrative purposes and must not be used as a substitute for project-specific certified documentation.
• Results achievable in our delivered case studies are representative of any specific project outcome you may undertake.

10. Limitation of Liability

To the maximum extent permitted by law, and subject always to non-excludable consumer guarantees, our liability arising from or in connection with your use of the Site is limited to, at our option:

• Re-supply of the Site content; or
• Payment of the cost of having the Site content re-supplied.

We will not be liable for indirect, consequential, incidental, or punitive damages — including loss of profit, loss of business opportunity, or loss of data — arising from Site use.

Liability arising from engaged commercial projects is governed by the formal contract and applicable Australian Consumer Law — not by these Terms.

11. Indemnity

You agree to indemnify and hold harmless Wahoo Pool Aquatics Pty Ltd, its officers, employees, subcontractors, and agents from any claims, losses, damages, or expenses (including reasonable legal costs) arising from your breach of these Terms, your use of the Site contrary to these Terms, or your infringement of third-party rights.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other legislation that cannot be lawfully excluded. Where the Australian Consumer Law applies to services we provide:

• Services will be provided with due care and skill.
• Services will be fit for any disclosed purpose.
• Services will be delivered within a reasonable timeframe (subject to agreed programme).

Commercial engagements generally fall outside the consumer-protection regime where contract value exceeds statutory thresholds; however, non-excludable guarantees remain in force where applicable.

13. Force Majeure

We will not be liable for delay or failure to perform obligations caused by events beyond our reasonable control, including but not limited to: natural disasters, cyclones, floods, pandemic response measures, industrial action, regulatory changes, supplier failures, or infrastructure outages. Where such events affect a contracted project, the formal contract's force majeure provisions take precedence.

14. Governing Law & Jurisdiction

These Terms are governed by the laws in force in the State of Queensland, Australia. You and Wahoo each irrevocably submit to the exclusive jurisdiction of the courts of Queensland and the federal courts of Australia sitting in Queensland in relation to any dispute arising out of or in connection with these Terms.

Where disputes arise in connection with commercial engagements, the parties agree to attempt mediation via the Queensland Law Society or Resolution Institute before commencing litigation, except where urgent interlocutory relief is required.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, technology, or legal obligations. The effective date appears at the top of the page. Material changes will be flagged by a prominent notice on the Site. Continued use of the Site after the effective date constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms or formal commercial engagement enquiries should be directed to:

For tender submissions and structured RFT/RFP packages, use tenders@wahoopoolaquatic.com.au. For general project enquiries, use leads@wahoopoolaquatic.com.au or submit via our quote form.