These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Paid Content, accessed via Purchases, is sold by Us to consumers through the Ultimate Pool Group platform including our website https://www.ultimatepoolgroup.com, the Ultimate Pool Group app and such other portals and online channels through which we make products services and features available to you (“Our Platform”). Please read these Terms and Conditions carefully and ensure that you understand them before making a Purchase. You will be required to read and accept these Terms and Conditions when creating an Account. By creating an Account, you agree to comply with and be bound by these Terms and Conditions. These Terms and Conditions, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “Commercial Contract” - means a contract for a Product to access Paid Content for business or other commercial purposes or on licensed premises, in such form and on such terms as We require from time to time;
- “Contract“ - means a contract for a Product to access Paid Content, as explained in Clause 6;
- “Paid Content” - means the digital content sold by Us through Our Platform;
- “Product” - means goods or services including without limitation Paid Content, the subject of a Purchase;
- “Product Confirmation” - means our acceptance and confirmation of your purchase of a Product;
- “Purchase” - means the purchase by way of Subscriptions or on a one-off basis of Products on Our Platform providing access to Paid Content;
- “Relevant Identifier” - means the Product or Subscription reference number provided to you in connection with the applicable Purchase;
- “Subscription” - means a subscription to Our Platform providing access to Paid Content;
- “We/Us/Our” - means Ultimate Pool Group Limited, a company registered in England under company number 12497963, whose registered address is 2nd Floor, De Burgh House, Market Road, Wickford, Essex, United Kingdom SS12 0FD.
2. Information About Us
Our Platform, https://www.ultimatepoolgroup.com is owned and operated by Ultimate Pool Group Limited, a company registered in England under company number 12497963, whose registered address is 2nd Floor, De Burgh House, Market Road, Wickford, Essex, United Kingdom SS12 0FD.
3. Age Restrictions
Consumers may only purchase Products and access Paid Content through Our Platform if they are at least 18 years of age.
4. Business Customers
These Terms and Conditions do not apply to customers purchasing Products and accessing Paid Content in the course of business. We reserve the right to terminate without notice your access to any Product being used for commercial purposes or in the course of a business. Business customers or customers who wish to use Paid Content in the course of business or on licensed premises must enter into a Commercial Contract.
5. Products, Paid Content, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all descriptions of Products and Paid Content available from Us correspond to the actual Products and Paid Content that you will receive.
5.2 We may from time to time change Our prices. Changes in price will not affect any Product but will apply to any subsequent renewal or new Product. We will inform you of any change in price before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 12.1.
5.3 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
5.4 In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform you before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 12.1.
5.5 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Product to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
5.6 We make all reasonable efforts to ensure that all prices shown on Our Platform are correct at the time of going online. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.11 regarding VAT, however).
5.7 All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Product at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you, we may treat your order as cancelled and notify you of this in writing.
5.8 If We discover an error in the price or description of your Product after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 12.4.
5.9 If the price of a Product that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Platform at the time of placing your order.
5.10 All prices on Our Platform include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6. Products - orders
6.1 Our Platform will guide you through the process of purchasing a Product. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
6.3 No part of Our Platform constitutes a contractual offer capable of acceptance. Your order to purchase a Product constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Product Confirmation by email. Only once We have sent you a Product Confirmation will there be a legally binding Contract between Us and you.
6.4 Product Confirmations shall contain the following information:
6.4.1 Your Relevant Identifier;
6.4.2 Confirmation of the Product ordered including full details of the main characteristics of the Product and Paid Content available as part of it;
6.4.3 Fully itemised pricing for your Product including, where appropriate, taxes, and other additional charges;
6.4.4 The duration of your Product (including the start date, and the expiry or renewal date if relevant)
6.4.5 Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 11.1;
6.5 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as reasonably possible.
6.6 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Product.
7.1 Payment for Products must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Product Confirmation.
7.2 We accept payments by Credit / Debit Card on Our Platform through our Payment Provider, Stripe a well as through digital payment systems such as Apple Pay and Google Pay
7.3 If you do not make any payment due to Us on time, We will suspend your access to the Paid Content and We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
7.4 If you believe that We have charged you an incorrect amount, please contact Us at firstname.lastname@example.org as soon as reasonably possible to let us know. You will not be charged for Paid Content while availability is suspended.
8. Provision of Paid Content
8.1 Paid Content appropriate to your Product will be available to you immediately when We send you a Product Confirmation and will continue to be available for the duration of your Product (including any renewals), or until you end the Contract.
8.2 When you place an order for a Product, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately. You will also be required to expressly acknowledge that by accessing (e.g., downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see sub-Clause 11.1 for more information.
8.3 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
8.3.1 To fix technical problems or to make necessary minor technical changes;
8.3.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
8.3.3 To make more significant changes to the Paid Content, as described above in sub-Clause 5.5.
8.4 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.3, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension). If the suspension lasts (or We tell you that it is going to last) for more than 14 days, you may end the Contract as described below in sub-Clause 12.2.
8.5 We may suspend provision of the Paid Content if We do not receive payment in full on time from you. If We do suspend provision of the Paid Content, We will inform you of the suspension. You will not be charged for any Paid Content while provision is suspended.
9.1 When you purchase a Product to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
9.2 The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions: You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
10. Problems with the Paid Content
10.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through your Product does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
10.1.1 If the Paid Content has faults, you will be entitled to a repair or a replacement.
10.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
10.1.3 If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation. Please refer to sub-Clause 13.3 for more information.
10.2 Please note that We will not be liable under this Clause 10 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
10.3 We will not be liable for any problem with Paid Content if your device does not meet any relevant minimum system requirements that We specify on our Platform from time to time. The current minimum system requirements applicable to using our Platform are as follows:
Supported web browsers:
Safari 14 Chromium 92 (Chrome & Edge & Opera) Firefox 89
Windows 10 macOS Big Sur Android Pie iOS 14 Chromecast 1.49
10.4 If there is a problem with any Paid Content, please contact Us by e-mail to email@example.com to inform us of the problem.
10.5 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11. Cancelling Your Product
11.1 If you are a consumer, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Product Confirmation (i.e., when the Contract between you and Us is formed) and ends when you access (e.g., download or stream) the Paid Content, or 14 calendar days after the date of Our Product Confirmation, whichever occurs first.
11.2 After the cooling-off period, you may cancel your Product at any time, however subject to sub-Clause 11.3 and Clause 12, We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Product (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
11.3 If you purchase a Product by mistake (or allow your Product to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Product We will be able to cancel the Product and issue a full refund. If you have accessed any Paid Content once the Product has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Product (up until the renewal or expiry date, as applicable).
11.4 If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation by email to firstname.lastname@example.org or by post to Ultimate Pool Group Limited, De Burgh House, Market Road, Wickford, Essex, SS12 0FD. Cancellation by email or by post is effective from the date on which you send Us your message providing us with your Relevant Identifier.
11.5 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however, please note that you are under no obligation to provide any details if you do not wish to.
11.6 Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
11.7 Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Product.
12. Your Other Rights to End the Contract
12.1 You may end the Contract at any time if We have informed you of a forthcoming change to your Product or the Paid Content (as described in sub-Clauses 5.3 or 5.5), or to these Terms and Conditions that you do not agree to. If the change is set to take effect or apply to you before the end of your current Product, We will issue you with a pro-rated refund equal to the remaining time left in that Product. If the change will not take effect or apply to you until the expiry of your current Product, the Contract will end at the end of that Product period and you will continue to have access to the Paid Content until that date.
12.2 If We have suspended availability of the Paid Content for more than 14 days, or We have informed you that We are going to suspend availability for more than 14 days, you may end the Contract immediately, as described in sub-Clause 8.4. If you end the Contract for this reason, We will issue you with a refund.
12.3 If We inform you of an error in the price or description of your Product or the Paid Content and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a refund.
12.4 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
12.5 Refunds under this Clause 12 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Product.
12.6 If you wish to exercise your right to cancel under this Clause 12, you may do so in any way you wish.
13. Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Platform damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation. Please note that We will not be liable under this provision if:
13.3.1 We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or
13.3.2 The damage has been caused by your own failure to follow Our instructions; or
13.3.3 Your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Product.
13.4 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.5 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Contacting Us
If you wish to contact Us with general questions or complaints, you may contact Us by email to email@example.com or by post at Ultimate Pool Group Limited, De Burgh House, Market Road, Wickford, Essex, SS12 0FD.
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
15.2 If you wish to complain about any aspect of your dealings with Us, please contact Us by e-mail addressed to firstname.lastname@example.org or by post addressed to the Complaints Team, Ultimate Pool Group Limited, De Burgh House, Market Road, Wickford, Essex, SS12 0FD.
16. How We Use Your Personal Information (Data Protection)
17. Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions (and the Contract) will not be affected and Our obligations under these Terms and Conditions (and the Contract) will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without Our express written permission.
17.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
17.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
17.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
17.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Product, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.