Terms of Service

These Terms of Service (“Terms”) govern your use of the website capepoolcover.co.za(the “Site”) and any quotation, service or product provided by Cape Pool Cover, a division of Vida Tech (“Cape Pool Cover”, “we”, “us”, “our”). By using the Site or engaging us, you agree to these Terms. If you do not agree, please do not use the Site.

These Terms are intended to comply with the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”), the Consumer Protection Act, 68 of 2008 (“CPA”) where applicable, and other South African law. Nothing in these Terms limits any right you have under the CPA or other non-excludable law.

1. About us

Cape Pool Cover is a Cape Town-based business that designs, builds and installs swimming pools, koi ponds and automated pool covers, and provides related repairs and maintenance. We trade as a division of Vida Tech.

• Email: info@capepoolcover.co.za
• Phone: +27 76 266 9492
• Service area: Cape Town and surrounding Western Cape.

2. Using the Site

You may use the Site to learn about our services, view examples of our work and request a quote or contact us. You agree to use the Site lawfully and not to:

• Submit false, misleading or unlawful information through any form on the Site;
• Attempt to gain unauthorised access to the Site, its server or any related systems;
• Use the Site in a way that interferes with its operation or another user's use of it;
• Copy, scrape or reproduce content from the Site except as expressly allowed by these Terms or by law.

3. Quotes, orders and contracts

• Quote requests are not contracts. Submitting a quote request or contact form is an invitation for us to provide a quotation. A binding agreement only arises once we issue a written quotation, you accept it in writing (including by email or signed document), and any required deposit has been received.
• Pricing. Prices in quotations are valid for 30 days from the date of issue unless stated otherwise. Quotes are based on the information provided and the site conditions visible at the time. Variations, additional work or undisclosed site conditions may change the price; we will discuss any change with you and confirm it in writing before continuing.
• Indicative pricing on the Site. Any pricing shown on the Site (including any automated quote calculator) is indicative only, may change without notice, and does not constitute an offer. The final price is the price in your written quotation.
• Deposits and payment. Unless agreed otherwise in writing, work is scheduled once the agreed deposit is received. Progress payments and final payment are payable in line with the schedule in the quotation. Late payment may incur interest at the rate prescribed by the Prescribed Rate of Interest Act, 55 of 1975.
• Cancellation. You may cancel an accepted quotation in writing. If we have already incurred costs (for example ordered materials or scheduled labour) we may set off a reasonable cancellation charge against any deposit, as contemplated by section 17 of the CPA where it applies.

4. Workmanship and warranties

We carry out our work with reasonable skill and care, using materials that are reasonably fit for purpose. The exact scope and any specific warranty are set out in the written quotation or contract for your project.

Where the CPA applies, you have the rights set out in section 55 (right to safe, good-quality goods) and section 56 (implied warranty of quality) of the CPA, which we do not exclude or limit. Manufacturer warranties on third-party products (for example cover motors and mechanisms) are passed through to you on their original terms.

5. Your obligations

• Provide accurate information when requesting a quote or contracting with us;
• Ensure we have safe and reasonable access to the site where work is to be performed;
• Obtain any required permissions from a body corporate, homeowners' association or local authority before work begins;
• Disclose any known site conditions that may affect the work (for example services running under the proposed work area);
• Operate any installed equipment in line with the instructions and manuals we provide.

6. Intellectual property

All content on the Site — including text, images, photographs of our work, layout, branding and source code — is owned by Cape Pool Cover or its licensors and is protected by copyright. You may view the Site and print or download extracts for your personal, non-commercial reference. Any other use, including reproduction, republication or commercial use, requires our prior written permission.

You retain ownership of any content you submit to us (for example photographs of your pool sent with a quote request). You grant us a non-exclusive licence to use that content for the purpose of providing the quote or service.

7. Liability

We make no representations or warranties about the Site other than that we will take reasonable steps to keep it available and accurate. The Site is provided on an “as is” basis.

To the maximum extent permitted by law, we are not liable for any indirect, incidental or consequential loss arising out of your use of the Site. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under South African law, including under the CPA or for gross negligence, wilful misconduct, fraud, or death or personal injury caused by our negligence.

Where we are liable for any direct loss in connection with a project, our total liability is limited to the amount you have paid to us under the relevant contract.

8. Privacy

Our handling of your personal information is described in our Privacy Policy, which forms part of these Terms.

9. Electronic communications

You agree that we may communicate with you electronically (for example by email or WhatsApp) and that electronic communications, including a quotation accepted by email, satisfy any legal requirement that a communication or contract be in writing, in line with sections 11 and 12 of ECTA.

10. Changes to these Terms

We may update these Terms from time to time. The latest version will always be available on this page, with the “last updated” date at the top. Material changes that affect an existing contract with you will only apply on agreement with you.

11. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. The courts of South Africa have jurisdiction over any dispute arising out of or in connection with these Terms or any contract with you. Before going to court, we encourage you to contact us first so we can try to resolve the issue. Where the CPA applies, you may also refer a dispute to the relevant consumer protection authority or ombud.

12. Contact

Questions about these Terms can be sent to info@capepoolcover.co.za.