Terms and Conditions

This website is owned by BioLab Australia Pty Ltd (ABN 18 005 225 507) ("BioLab"), a business unit within BioLab Corporation, of Level 7, 435 King William Street, Adelaide SA 5000.

If you use BioLab's website, you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply to this website. If you do not accept these Terms and Conditions, you must cease using the website.

Copyright statement

1. All copyright and all other proprietary rights in all materials used in this website (including the website design, text, graphics, logos, animations and/or sound recordings), the selection and arrangement thereof, and all software relating to this website belongs to or is licensed by BioLab. The copyright is protected by Australian and international copyright laws.

2. Subject to paragraph 3, no material from this website may be copied, reproduced, distributed, modified, adapted, uploaded, displayed, transmitted, reused, re-posted, published, stored, printed, commercialised, used to create derivative works or framed within another website without BioLab's prior written permission.

3. BioLab grants you permission to download one copy of the material on this website in the usual course of operating your web browser, for your personal non-commercial use. You may also print hard copies of the material on this website for non-commercial use, provided you retain all copyright and other proprietary notices on that material.

Trademark statement

All trade marks, service marks, trade names, branding and set-up (trade dress) on this website belong to the trademark owners, BioLab or its licensors, and are used with their permission. BioLab does not give you any licence or right to use them. The trade marks used on this website are owned as follows:

• AlgiGuard^®
• Back-Up^®
• BioGuard^®
• BioGuard Poolside^®
• Burn-Out^®
• Burn Out Extreme^®
• Burn-Out^®35
• Lite^®
• Optimiser^®
• Optimiser Plus^®
• pH Anchor^®
• Poolside Assist^®
• Power Chlor^®
• Power Tabs^®
• Salt Pool Sparkle^®
• Smart Shock^®
• Smart Sticks^®
• SpaGuard^®
• Stingy Sticks^®

General disclaimer

1. The information provided in this website is general information only and does not constitute professional advice. You should not rely upon the information provided in this website without obtaining specific advice tailored to your particular circumstances.

2. This website has been compiled by BioLab on the basis of current general information. Changes in circumstances after publication may affect the completeness or accuracy of this information. While BioLab endeavours to ensure that information provided on this website is accurate, complete, up-to-date and reliable, we do not warrant that this will be the case or that your access to the information will always be uninterrupted, timely or secure. To the maximum extent permitted by law, BioLab excludes all liability for any errors or omissions contained in this website or any failure to update or correct this website. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this website, and to seek professional advice where necessary.

3. Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website in a manner that infringes the intellectual property rights of any person, company or entity. BioLab makes no representations or warranties that use of the information on this website will not infringe such intellectual property rights.

4. BioLab makes no representation that the products displayed on this website are currently available or that their specifications are current and complete. Display of any product does not constitute an offer or undertaking by BioLab.

5. BioLab makes this website and its contents available on an "as is" basis. BioLab makes no representations or warranties of any kind with respect to this website or its contents. To the maximum extent permitted by law, BioLab disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website, including without limitation the information on this website, products referred to on this website and any email correspondence between you and BioLab. However, BioLab does not exclude any implied condition or warranty the exclusion of which would cause this clause to be void ("Non-excludable Condition"). Our liability to you for breach of any Non-excludable Condition (other than implied by Section 69 of the Trade Practices Act 1974 (Cth)) is limited, at our option, to supplying the relevant services again or paying the cost of re-supplying those services, except where the services are of a kind ordinarily acquired for personal, domestic or household use or consumption.

6. We make no warranty or representation that the material in this website will not cause damage or that the material is free from any computer virus. We will not be liable for any interference or damage you may suffer in connection with any computer viruses, malicious computer code or any other form of interference. You should establish your own protection against viruses and other causes of damage.

Limitation of liability

1. The use of the information on this website is at your own risk. BioLab, its directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any injury, loss, damage, liability or claim (including due to negligence) directly or indirectly arising out of or related to the use, or inability to use, this website, the information on this website or information provided through this website by email.

2. This limitation of liability in paragraph 1 includes, but is not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.

3. Notwithstanding any other provision in these terms, BioLab does not attempt or purport to exclude or limit any liability arising under statute if, and to the extent, that liability cannot be lawfully excluded or limited.

Links

1. Information on this website may include links to the websites of others. These links are provided for your convenience only and may not remain current. BioLab does not sponsor, endorse, adopt, confirm, guarantee or approve the content or accuracy of any material or representations made on these websites, and does not sponsor, endorse, guarantee or recommend the products, services or information on these websites.

2. BioLab does not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor does BioLab authorise any such infringement by providing these links.

3. BioLab disclaims liability for any loss or damage whatsoever arising from your use of links to third party websites.

4. Operators of other websites must obtain our permission before linking to our website.

Privacy policy and confidential information

BioLab respects your privacy, and will not deliberately disclose any personal information provided by or collected from you to any third party, unless required by law or except in relation to purposes to which you have consented that information to be used.

Unsolicited ideas

1. It is BioLab's policy not to accept information from third parties which is confidential or proprietary. If you wish to retain the confidentiality of your material, do not submit it to us via email or otherwise. Any information you transmit in this manner will be sent at your own risk.

2. Any unsolicited ideas you submit to BioLab will become BioLab's property, and BioLab may reproduce, disclose, transmit, broadcast or otherwise use those ideas, without any obligation to compensate you. This will apply even if your material includes a statement as to confidentiality contrary to these terms of use.

Indemnity

You agree to indemnify BioLab, its directors, employees, shareholders, agents and other persons involved in the creation of this website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to BioLab via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Trade Practices Act 1974 (Cth).

Miscellaneous

We may amend these Terms and Conditions at any time and, if we do so, we will provide the updated version on our web site. If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions will continue to apply. These Terms and Conditions are governed by the laws in force in South Australia.