LAST UPDATED: 14/06/2024

1. Terms & Conditions

2. Voucher Terms & Conditions

3. Lay-By Agreement

4. Customer Order Terms & Conditions

5. Marketing Communication Consent Terms and Conditions

6. Catalogue Terms & Conditions

7. Delivery Terms & Conditions 

8. Interest Free Payment Plans Terms & Conditions

9. Advertised Policy

10. Promotional Terms & Conditions

GENERAL

• This website is operated by Retail Online Systems Pty Ltd (ROS) on behalf of and for the benefit of participating franchisees of Clark Rubber Franchising Pty Ltd (‘Clark Rubber Franchises’).
• Access to and use of this website and the products and services available through this website (the ‘Services’) are subject to the following terms and conditions (‘Terms & Conditions’).  By using the Services, you are agreeing to these Terms & Conditions.
• ROS reserves the right to amend these Terms & Conditions without notice to you from time to time. If ROS decides to change these Terms & Conditions it will post those changes here. ROS encourages you to visit this section of the website regularly in order to remain informed of any changes. Any such amendment will be effective once the revised terms have been posted on this website.

TERMS OF SALE

• All orders placed using this website and any associated payment(s) will be sent by ROS to the nearest participating Clark Rubber Franchise who will process and dispatch your order.
• You may contact ROS at any time to confirm the details of the Clark Rubber Franchise to whom your order has been directed.
• By placing an order you are offering to purchase a Service on and subject to the Terms and Conditions, availability and confirmation of the order price.
• You consent to the processing of information as described in the https://www.clarkrubber.com.au/privacy and warrant that all data provided by you is accurate.
• Prices, offers and product availability may vary between this website and any Clark Rubber Franchise.
• All prices are in Australian dollars.
• Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
• To place an order using this website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to ROS or a holder of a PayPal account.  
• ROS reserves the right to refuse any request made by you.
• Upon receiving your order ROS or a third party nominated by ROS on its behalf will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
• Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.  All orders including any limited free delivery offer are subject to the www.clarkrubber.com.au/delivery-and-returns terms and conditions.
• The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.
• The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. ROS therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. ROS reserves the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
• Whilst ROS will try and ensure that all details, descriptions and prices which appear on this website are accurate, errors (including processing errors) may occur. If ROS discovers an error in the price or payment of any goods which you have ordered ROS will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If ROS are unable to contact you ROS will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
• As ROS is not the supplier of any products, ROS will not be liable in contract, tort or equity for any loss or damage arising out of or relating to this website or any Service(s) which are supplied to you via an order placed by you using this website.   If this limitation of liability is held to be unenforceable for any reason, then ROS’s maximum liability to you is limited to the purchase price paid for the Service(s).

INTELLECTUAL PROPERTY

• The intellectual property rights in all content made available to you on or through this website remain the property of ROS and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ROS and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

RESTRICTIONS

• You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. ROS will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

PRIVACY

• The privacy policy, which sets out how your information will be used, can be found here.

INDEMNITY

• You agree to indemnify, defend and hold harmless ROS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of these Terms & Conditions.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer service team know if you have any complaints or comments by emailing us at customerservice@clarkrubber.com.au or calling 13 80 90.

WAIVER

• If you breach these Terms & Conditions, failure by ROS to take action will not constitute a waiver of ROS’ rights and remedies arising from that breach and ROS reserves its entitlement to enforce its rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms & Conditions. Any waiver of any provision of the Terms & Conditions will be effective only if it is in writing and executed by ROS.

FORCE MAJEURE

GOVERNING LAW AND JURISDICTION

• These Terms & Conditions are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms & Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

Severability

• Any provision in these Terms & Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms & Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

1. From time to time Clark Rubber (‘we’) may release vouchers via email to its customers (‘you’) that may be used instore or online.
2. Your voucher will include a unique code and will expire on the date stated on the voucher email. 
3. Vouchers can only be redeemed in accordance with the special terms and conditions stated on the voucher from time to time.
4. Some products and services may be excluded from voucher promotions.
5. Vouchers cannot be redeemed for cash. If you purchase or place an order for a product(s) or service(s) of any single transaction that in total is less than the value of a voucher, no refund or residual credit will be returned to you.
6. If the credit of a voucher is insufficient for pay for the purchase of product(s) or service(s) of any single transaction, you will be required to pay the difference with some other means of payment (but not by using another voucher or attempting to rely on any other offer). Please note that only one voucher can be used per transaction.
7. Vouchers are applied to the total invoice in respect of a single transaction.  In circumstances where multiple products and/or are purchased using a voucher, and one or more of the product(s) are returned, the discount is applied on a pro rata basis in respect of each product and/or service purchased for the purpose of establishing refund values.
8. Vouchers cannot be used in conjunction with the purchase of gift cards.
9. We may email vouchers to you. We accept no Liability for errors in the email address provided to us.
10. We assume no Liability for the loss, theft or illegibility of vouchers. In the event of alleged, attempted, or actual fraud, deception or other illegal activities arising from or in connection with the redemption of vouchers, we reserve the right to cancel all vouchers issued to you.
11. Vouchers cannot be used in conjunction with purchases made using Latitude Extended Finance.

Click here to see our Layby Agreement Notification. 

GENERAL

These are the terms and conditions that apply to the Clark Rubber Customer Order Agreement.

It is recommended that all customers proposing to enter into a Customer Order Agreement read these terms and conditions carefully before doing so.  The terms in the Customer Order Agreement “Clark Rubber” or “We” or “Us” means Clark Rubber Franchising Pty Ltd and/or a third party that has been granted the right to operate a Clark Rubber franchise by Clark Rubber Franchising Pty Ltd, and the “Customer” is “You”.

If you have any questions or would like more information please call 13 80 90  or see in-store.

TERMS AND CONDITIONS

• A deposit of at least 15% may be required at the time of making this customer order. The amount of the deposit will vary depending on the product being ordered.
• We will notify you by telephone when your order arrives in store.
• Payment and collection of the ordered goods is due within 7 days of us notifying you that the goods have been received at the store.
• We will not release the order for collection until such time the customer order has been paid in full.
• You may cancel this customer order at any time.
• We may cancel this customer order if you breach these terms and conditions and do not remedy that breach within 14 days of us requesting you to do so.
• Where a customer order is cancelled, we will refund any money paid less a cancellation fee. For customer orders up to $999, the cancellation fee will be no more than the equivalent of 15% of the customer order value. For customer orders of $1,000 or more, the cancellation fee will be no more than our reasonable costs in relation to the cancellation of the customer order agreement.

By providing your contact information during checkout, you consent to receive marketing communications from us via email, SMS, or other channels. These communications may include promotions, updates, and personalized offers related to our products and services.

You may opt out of receiving these communications at any time by following the unsubscribe link provided in each message or contacting our customer service team. We value your privacy and will handle your information in accordance with our Privacy Policy.

By continuing with your purchase, you acknowledge that you have read and agree to these terms.By providing your contact information during checkout, you consent to receive marketing communications from us via email, SMS, or other channels. These communications may include promotions, updates, and personalized offers related to our products and services.

You may opt out of receiving these communications at any time by following the unsubscribe link provided in each message or contacting our customer service team. We value your privacy and will handle your information in accordance with our Privacy Policy.

Please review our Privacy Policy here for more details on how we collect, use, and protect your personal data.

By continuing with your purchase, you acknowledge that you have read and agree to these terms.

Savings are off recommended retail price. Price inclusive of discount.

Not all stores have display spas available for viewing

Savings apply to the pool package that includes a relevant pump, a cartridge filter, a deck ladder, a chlorinator, and a choice of relevant liner. †Excludes pool equipment & pool liners.

Excludes pool equipment & pool liners.

Conditions of 48 Months Instalment Interest-Free Trade-in.

Special order only.

Receive $100 off RC-6000 Robotic Wall Cleaner when you in trade-in your old automatic pool cleaner. Trade in must be on a complete working automatic cleaner.

Free home demo only available the within the local service area of the store.

Not suitable as permanent flooring.

Excludes mattress base, pillows, and accessories.

Cover design may vary by store.

Never leave children unattended. All swimming pools and spas that can be filled to 300mm or more require a pool fence, please refer to the Australian Standard: Swimming pool Safety: Safety barriers for swimming pools and contact your local council for pool and spa permit, fencing, safety and water reg,ulations. Images for illustrative purposes only. Landscaping & accessories not included.

PAYMENT PLANS TERMS AND CONDITIONS

Minimum repayment Interest Free:

*Approved customers only. Monthly payments required (exact amounts specified in your statement). Paying only the minimum monthly payment will not pay out the purchase before the end of the plan. If there is an outstanding balance after the interest free period ends, interest will be charged at the Expired Promotional Purchase Rate, currently 29.99% (subject to change). Interest may also apply to other credit card transactions or if you do not comply with the T&Cs. Conditions of use set out the T&Cs of the Latitude Gem Visa credit card. Credit provided by Latitude Finance Australia ABN 42 008 583 588 Australian Credit License number 392145.

Instalment Interest Free:

*Approved customers only. Equal monthly payments required (exact amounts specified in your statement). If there is an outstanding balance after the interest free period ends, interest will be charged at the Expired Promotional Purchase Rate, currently 29.99% (subject to change). Interest may also apply to other credit card transactions or if you do not comply with the T&Cs. Conditions of use set out the T&Cs of the Latitude Gem Visa credit card. Credit provided by Latitude Finance Australia ABN 42 008 583 588 Australian Credit License number 392145.

Advertised Policy:

This catalogue must be read subject to these terms and conditions. The information and offers made in this catalogue have been included on the basis that the relevant goods described will be available for sale at not greater than advertised prices by Clark Rubber franchisees at participating Clark Rubber stores between 09/07/24 – 21/07/24 or until sold out. Clark Rubber stores are operated by independent franchisees pursuant to franchises granted by Clark Rubber Franchising Pty Ltd. Clark Rubber Franchising Pty Ltd does not make any offer by this catalogue. We reserve the right to correct any errors or misprints.
 
Prices may vary outside metropolitan areas. Prices may vary between some Clark Rubber franchisees.

Some Items may not be displayed at all participating stores but can be ordered subject to availability.

Some colours and fabrics may vary.

We accept no responsibility if any goods are unavailable due to circumstances beyond our control.

Images are used for illustrative purpose only. Display accessories are not included in the price of goods or necessarily indicative of use of goods.

Savings are off manufacturer or franchisors recommended retail prices or normal prices.

All trademarks are the property of their respective owners.
Produced by Clark Rubber Franchising Pty Ltd ACN 065 708 723.

Spa availability is subject to stocks on hand. Prices do not include freight. An additional freight cost may be required in your region. Please enquire with your local Clark Rubber store to confirm availability, lead time and freight costs to your location.

Solar Eezy price does not include roof mounting clips. Hardware sold separately. Not available in Cairns, Townsville, Rockhampton, Mackay, Bundaberg, Darwin, Broome and Port Hedland Stores. Colours & designs may vary by store.

#Available by customer order only.

Latitude Finance:

SR Smith pool accessories, Daisy Under-Bench Pool Cover Rollers and clearance items not available for purchase using Latitude Finance. Latitude Finance only available in-store. ¶Conditions of 60 Months Instalment Interest Free: ±Weekly payment amount excludes Gem Visa $99 annual fee. Monthly payments required, exact payment amount varies and is specified on your statement. ^Total price includes $99 annual fee on Gem Visa, charged after your first purchase and each anniversary date. Approved customers only. Available on advertised or ticketed price, from $1499.The plan is payable by 48 approximate equal monthly instalments (exact amounts specified in your statement). At the end of the plan, interest will be charged at 24.99%. A $99 annual fee applies for Gem Visa. This notice is given under the Gem Visa Conditions of Use (as applicable), which specify all other conditions for this offer. Also available to CreditLine, GO MasterCard and Buyer’s Edge customers. Other conditions, fees and charges apply, see product websites for details. Credit is provided by Latitude Finance Australia (ABN 42008 583 588), Australian Credit Licence number 392145.

Zip Pay: Zip Pay

available at participating Clark Rubber stores only. Minimum monthly repayments are required. A monthly account fee of $6.00 applies. Pay your closing balance in full each month and we’ll waive the fee. Available to approved applicants only. Terms & Conditions apply and are available on application. See your contract for further details. Credit provided by zipMoney Payments Pty Limited (ABN 58 164 440 993, Australian Credit Licence Number 441878). FSO10589

1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in the Clark Rubber Customer Feedback Competition ("Competition") is deemed to be acceptance of these Terms and Conditions. Entries not completed in accordance with these Terms and Conditions are ineligible.

Promoter

2. The promoter is CLARK FRANCHISING UNIT TRUST, Trading as Clark Rubber Franchising Pty Ltd, ABN 36087992652, of 1/6 Elizabeth St, Hawthorn VIC 3122 Australia.

2023 Winner Announcements:

Clark Rubber Feedback 2023 Prize Draw 1 winner: (Period 2 Mar 2023 – 31 Aug 2023) Draw date 07 Sep 2023 

Congratulations Chris, you will be contacted about your prize in the coming week.

2023 Winner Announcements:

Clark Rubber Feedback 2023 Prize Draw 1 winner: (Period 1 Mar 2024 – 31 Aug 2024) Draw date 11 Sep 2023 

Congratulations Katie, you will be contacted about your prize in the coming week.

Competition Period

3. The period of this Competition begins at 12:00:00am (AEST) on 01 Mar 2024 and ends at 11:59:59pm (AEST) 28 Feb 2025 (“Competition Period”). 

Eligibility to Enter

4. Entry is only open to Australian residents aged 18 years and over who are current or former customers of Clark Rubber who have received a promotional SMS or email from the Promoter.

5. Employees (and their Immediate Family Members) of the Promoter or Clark Rubber, or any related body corporate of the Promoter, as well as any agency associated with this Competition are ineligible to enter. Immediate Family Members means any of the following: spouse, ex-spouse, de-facto, ex-de-facto, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

How to Enter

6. To enter the Competition, an eligible entrant must complete one of the following mechanics during the Promotional Period:

(A) Email Entry: (i) click on the link provided in the email that they receive from the Promoter to be directed to the promotional website; and (ii) input the requested personal details and answer all the questions in the survey as prompted on the promotional survey, and submit the fully completed survey.

(B) SMS Entry: (i) click on the link provided in the SMS that they receive from the Promoter to be directed to the promotional website; and (ii) input the requested personal details and answer all the questions in the survey as prompted on the promotional website, and submit the fully completed survey.

(C) QR Entry: (i) use their mobile phone in-store to scan the QR code to access the survey link. They tap their phone as instructed in-store, and will be directed to the promotional landing page; and (ii) input the requested personal details and answer all the questions in the survey as prompted and submit the fully completed survey.

7. For the sake of clarity, the entrant will be the person whose name is registered on the Clark Rubber account relevant to the mobile phone number or email address submitted on entry.

8. One (1) entry permitted per feedback request.

Prize Draw

9. Entries open and close for the draw on the dates and times specified in the table below. The prize draw will be conducted by Feedback ASAP Pty Ltd Level 3, 24 Albert Road, South Melbourne VIC 3205 at 12noon AEDT on the dates specified in the table below.

Prize 1

Entries open 12:00:00 am (AEDT) 01 March 2024

Entries close 11.59.59 pm (AEST) 31 August 2024

Draw Date 11 September 2024

Prize 2

Entries open 12:00:00 am (AEST) 01 September 2024

Entries close 11.59.59 pm (AEDT) 28 February 2025

Draw Date 11 March 2024

10. The winner of the Prize Draw will be notified by telephone within two (2) days of the draw. If the winner is located in the ACT they will be contacted by mail. The winner’s name will be published on clarkrubber.com.au within 7 days of the draw.

Prize

Prize

11. The first valid entry drawn will win a $1000 credit at their local Clark Rubber store.

12. Any unused balance of the $1000 credit will not be awarded as cash.

Unclaimed Prize Draw

13. If the prize is still unclaimed after three calendar months of the original prize draw, the Promoter will conduct a further draw for the prize, subject to any directions from any regulatory authority. The unclaimed prize draw will be conducted at the same time and place as the original draw. The date for the additional draw would be on 11 December 2024 for draw 1 and 11 June 2025 for draw 2.

14. If the prize is still unclaimed after three calendar months of the original prize draw, the Promoter will conduct a further draw for the prize, subject to any directions from any regulatory authority. The unclaimed prize draw will be conducted at the same time and place as the original draw. The date for the additional draw would be on 07 December 2023 for draw 1 and 7 June 2024 for draw 2.

The winner of the unclaimed prize draw will be notified by telephone within two (2) days of the draw. If the winner is located in the ACT they will be contacted by mail. The winner's name will be published on www.clarkrubber.com.au within 7 days of the prize draw.

General

15. This is not a game of skill. The single prize winner from the Prize Draw Period will be selected by Feedback ASAP Pty Ltd at random through an automatic selection process.

16. Incomplete entries will be deemed invalid and removed from the draw. The promoter's decision is final and no correspondence will be entered into

17. The total value of the prize pool is $2,000.

18. The prize is not transferable or exchangeable and cannot be taken in any other form (including not being able to be taken as cash).

19. Subject to the unclaimed prize draw clause 14, if for any reason a winner does not take possession of their prize by the time stipulated by the Promoter, then the prize will be forfeited.

20. The draw will be conducted by Feedback ASAP Pty Ltd Level 3, 24 Albert Road, South Melbourne VIC 3205.

21. If for any reason the conduct or operation of the Promotion is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Promotion, subject to the approval of the authorities that have issued permits for its conduct.

22. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication including any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, or otherwise, (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Promotion (whether as a result of one of the foregoing causes or otherwise).

23. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.

24. The Promoter assumes no responsibility for, and the entrant releases the Promoter from responsibility for, any failure to receive an entry or for inaccurate information or for any loss, claim, damage or injury to person or property (including computer systems and servers) as a result of the entrant’s participation in this promotion or the conduct of the promotion generally or as a direct or indirect result of an entrant’s error, any technical problem of any kind including communications or network failure, unauthorized access to, transferring or theft of data, whether caused by the entrant or associated with the equipment or programming used in the conduct of this promotion. If, because of any such problem, this promotion is not able to be conducted as planned and/or the promotion’s administration, security, fairness or integrity are compromised or affected, the Promoter may (where necessary with the approval of the relevant Department) cancel, terminate, modify or suspend the promotion and/or disqualify any entrant involved in interfering or tampering with the conduct of this promotion in any way.

25. Details from all entries will be collected and used for the purposes of conducting this promotion (which may include disclosure to third parties for the purpose of processing and conducting the promotion) and for publicity purposes surrounding this promotion. By entering this promotion entrants consent to the use of their information as described.

26. Any entrant (who the Promoter automatically enters into the Competition when they provide Feedback) who no longer wishes to participate in the Competition can email support@feedbackasap.com and request for their entry to be removed from the relevant draw.

Limit One Per Transaction. Voucher redemption excludes Gift Cards, special orders, lay-bys, free delivery on bulky items and pool servicing. Vouchers cannot be used in conjunction with purchases made using Latitude Extended Finance and Zip. Voucher can only be used on full priced items.

Voucher cannot be used to existing, multiple and/or past orders.  

Voucher can only be used for future orders.

• Offer limited to NSW & VIC stores/residents only
• Buy any pool cleaner from Clark Rubber and receive free delivery & installation
• All deliveries and installations must be within the Local Government Area and 10km of the Clark Rubber store
• This is an installation only (no Demonstration)
• All installations must be in line with NSW/VIC COVID Regulations
• Pool cleaners need to be paid for in full for installation to proceed
• Pool technician will contact customer prior to delivery to confirm installation