Terms of Use

Terms of Use for Advance Pools

Last Updated: 2025/11/03

1. Acceptance of Terms

The Advance Pools Website (“the Web Site”) is comprised of various Web pages operated by Advance Pools CC (registration number 2006/115264/23) (“Advance Pools”), having its principal place of business at 28 Electron Road, Blackheath, Cape Town.

The Web Site is available to you conditional upon your acceptance of these Terms of Use (“Terms”). By accessing the Web Site you are deemed to have agreed to the Terms.

2. Modification of Terms

Advance Pools may at any time modify the Terms and your use of the Web Site will be subject to the Terms in force at the time of your use.

3. Website Purpose and Services

This website serves as the official platform for Advance Pools, South Africa’s leading fibreglass swimming pool manufacturers. We provide information about our pool installation services, maintenance programs, and related swimming pool products.

4. Linked Sites

The Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Advance Pools and Advance Pools is not responsible for the contents of any Linked Site and use or reliance on any Linked Site is undertaken at your own risk. When visiting Linked Sites you must refer to that Linked Site’s terms and conditions of use.

Advance Pools is not responsible for webcasting or any other form of transmission received from any Linked Site. Advance Pools is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Advance Pools of any Linked Site or any association with its operator.

5. Acceptable Use

You undertake that you will not use the Web Site for any purpose that is unlawful or illegal, or contrary to the Terms. In addition, you may not use the Web Site in any manner which may damage, disable, overburden, or impair the Web Site or interfere with any party’s use and enjoyment thereof.

6. User Submissions

Advance Pools does not claim ownership of any materials you provide on the Web Site or post, upload, input or submit to the Web Site or its associated services (collectively “Submissions”). However, by doing so, you grant Advance Pools permission to use your Submissions in the conduct of its business including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection therewith. No compensation will be paid for any such use. You warrant that all your Submissions are owned or controlled by you and that any such use by Advance Pools is permitted. Advance Pools may remove any Submission at any time in Advance Pools’s sole discretion.

7. Intellectual Property Rights

Copyright and all intellectual property rights in all materials, text, drawings and data made available by Advance Pools on the Web Site are owned by Advance Pools alternatively Advance Pools is the lawful user thereof and is protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation or use of such materials or any part thereof will constitute an infringement of such copyright and other intellectual property rights.

All trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Web Site are protected registered or unregistered trademarks of Advance Pools. Nothing contained on the Web Site is to be construed as granting you any licence or right to use any trademarks for any reason whatsoever.

8. Disclaimer of Warranties

Advance Pools makes no warranties, representations, statements or guarantees (whether express, implied in law or otherwise) regarding the Web Site and any of the information contained on or referenced by the Web Site including without limitation about the suitability, reliability, availability of any products or services. Accordingly the Web Site is made available and the information is provided to you on an “as is” basis.

9. Limitation of Liability

Advance Pools shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which might be suffered by you or any third party as a result of or attributable (directly or indirectly) to your access and use of the Web Site or any inability to access or use the Web Site or any functionality thereof or that of any Linked Site.

10. Termination

Advance Pools reserves the right, in its sole discretion, to terminate or restrict your access to the Web Site and the related services or any portion thereof at any time, without notice.

11. Governing Law

The Web Site is controlled, operated and administered by Advance Pools from its aforesaid offices within the Republic of South Africa. These terms shall be governed by the laws of the Republic of South Africa and you consent to the exclusive jurisdiction of the High Court of South Africa in the event of any dispute arising in connection with the Terms or any matter relating to or in connection therewith.

12. General Business Terms & Conditions

12.1 Definitions

Unless the context indicates otherwise:

• “The Seller” means Advance Pools (Pty) Ltd and all of its divisions and/or trading entities
• “The Purchaser” means the customer described in the credit application form
• “The Contract” means each individual transaction concluded between the Parties
• “The Goods” means fibreglass swimming pools, equipment, and related products

12.2 Payment Terms

Payment shall be made in respect of:

• Credit accounts: within 30 days net from date of statement
• Cash and COD accounts: on receipt of the Goods by the Purchaser
• Interest on overdue amounts: 2% above the prime overdraft rate charged by the Seller’s bankers

12.3 Pricing

The purchase price of Goods is strictly net and shall not be subject to any discount unless specifically agreed in writing. Prices quoted are exclusive of VAT unless stated otherwise.

12.4 Delivery

Delivery dates are based on stock availability and are subject to change. The Seller shall make every endeavor to effect delivery timeously but failure to deliver shall not entitle the Purchaser to cancel the Contract or claim damages.

12.5 Ownership and Risk

Notwithstanding that all risks in Goods pass on delivery, ownership shall remain vested in the Seller until full purchase consideration has been paid.

12.6 Warranty and Indemnity

The Seller shall not be liable for any consequential damages caused by faulty materials or defective workmanship. All Goods are manufactured in accordance with the Seller’s standards of quality and are intended for use as set out in the installation manual.

12.7 Returns Policy

Goods returned without written consent will not be accepted for credit. If accepted, a handling fee of 10% of the selling price will apply.

13. Force Majeure

The failure of Advance Pools to perform in terms of any agreement shall be excused to the extent caused by events beyond reasonable control including but not limited to natural disasters, strikes, or government actions.

14. Entire Agreement

These Terms constitute the entire agreement between Advance Pools and you in relation to the subject matter hereof.

15. Contact Information

If you need to contact Advance Pools for purposes relating to these Terms, please use the following:

Email: web@advancepools.co.za

Address: 28 Electron Road, Blackheath, Cape Town