Terms and Conditions

Website Terms and Conditions of Use

Last updated: 09/10/2025

References in these terms and conditions to “we”, “our”, “us” or similar are references to to Pukka Pools Limited, a New Zealand registered company (company number 8207760).

These terms and conditions apply to all users of the https://www.pukkapools.co.nz website (the “Website”). If you do not agree to be bound by these terms and conditions, you must stop accessing and using the Website. We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

By viewing and using the Website you are deemed to agree to these terms and conditions of use without qualification. If you are accessing or using the Website on behalf of another person or entity, you confirm that you have the authority to agree to them on their behalf. By doing so, that person or entity will be bound by these terms and conditions as if they had agreed to them directly.

In these terms and conditions the words “including” and similar words do not imply any limit.

Use of our Website is subject to the these terms and conditions of use and all applicable laws.

1. Privacy policy and personal information: Information collected through the Website may include your personal information, and you agree to the terms of our privacy policy set out on the Website at https://www.pukkapools.co.nz/privacy-policy.

2. Communication tools: If you use any communication tools available through our Website (such as on our “Contact Us” page), you agree to use them only for lawful and legitimate purposes related to your use of the Website. You must not transmit any material that is unrelated to use of our Website, including files that may damage any other person’s computing devices or software, that may be offensive or data in violation of any law. By submitting content, you represent that you own or have the right to use that content. We are not obliged to monitor communications but may remove any content at our discretion. Please report any objectionable material to us at [email protected].

3. Copyright, trademarks and reproduction: The design and contents of the Website are the copyright of us and/or our suppliers. No part of the Website may be distributed or copied for any commercial purpose and you are not permitted for any purpose to incorporate the contents of the Website or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. Further, you may not copy, use, remove or alter any trademarks or logos that appear on the Website or on any content of the Website.

4. Linking and advertising: The contents of the Website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. Any linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. Any dealings with any advertiser appearing on our Website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any dealings or promotions.

2

5. Links to the Website and framing: We reserve the right to prohibit links to our Website and you agree to remove or cease any link on our request. You may not frame any part of our Website material by including advertising or other revenue generating material.

6. Prohibited conduct: You must not to engage in any of the following activities in connection with your use of the Website:

(a) engaging in any conduct that, in our view, places an excessive or unreasonable burden on the Website’s infrastructure, including (but not limited to) spamming or sending unsolicited communications;

(b) using the Website for any unlawful purpose or for any activity that violates these terms and conditions;

(c) attempting to gain unauthorised access to the Website’s servers (other than via standard web browser access through HTTP requests) or otherwise disrupting, interfering with, or attempting to interfere with the Website’s functionality, systems, or networks.

7. Users outside New Zealand: The Website is operated by us from New Zealand. The information on the Website may not be appropriate or available for use in other jurisdictions. Access to this Website is prohibited from any jurisdiction where its content is illegal or restricted. If you choose to access the Website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

8. Disclaimer: The Website and its content are provided for general information purposes only and does not constitute professional advice. Content has not been tailored to any users specific circumstances, objectives, or needs, and you use it at your own risk. We are not responsible for any adverse consequences arising out of such use.

9. Exclusion of liability: To the fullest extent permitted by law, we exclude all liability for any loss or damage that results from your use of this Website, including from all express and implied warranties and representations (including in any Website content). We are not liable, whether in contract, tort (including negligence), or otherwise, for any form of loss or damage, however caused — including indirect, consequential, or special loss, or loss of profits, data, expected savings, or business opportunity. Without limiting the above, we are not responsible for:

(a) any errors or inaccuracies in the Website content;

(b) any failure of the Website to meet your specific requirements; or

(c) any exposure to viruses, malicious software, or other harmful digital interference that may damage your systems or lead to fraud during your access or use of the Website. You are responsible for ensuring that the method you use to access the Website protects you adequately from such threats.

If you are a consumer using the Website for personal and non-commercial purposes, nothing in these terms and conditions is intended to abrogate any rights you might have under the Consumer Guarantees Act 1993 (if any).

3

10. Indemnity: You will take all necessary action to defend and indemnify us and our officers, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arises from a breach by you of any of these terms and conditions.

11. Changes to these terms and conditions: We reserve the right to change these terms and conditions at any time by notifying users of the existence of the amended terms and conditions through the Website. By continuing to access our Website, you agree to be bound by the amended terms and conditions.

12. Waiver and enforceability: If at any time we do not enforce any of these terms or conditions or grant you time, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. If a replacement is not possible, the part or provision must be treated for all purposes as severed from these terms and conditions. In either case, the remaining terms and conditions will be binding on the parties.

13. Law: These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.

14. Contact: If you have any questions or concerns in relation to the Website or these terms and conditions please contact us here at [email protected].