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Boundary Barrier Clearance

This barrier position does not follow the appropriate codes and standards. A barrier on a property boundary must be at least 1000 mm from the water’s edge, under NZBC F9 Acceptable Solution F9/AS1 clause 2.2.1(c).

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Terms & Conditions

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1. Nature of the Software

Pool Builder (the “Software”, “website” or “tool”) is provided solely as a preliminary planning and visualisation aid. It is intended to assist a Qualified Chartered Professional Engineer (CPEng) and is not a substitute for professional engineering design, judgement, site verification, or certification. You use the Software at your own discretion and risk.

2. Professional Engineer Review Required

Any output, drawing, measurement, site plan, quote or report generated by the Software must be independently reviewed, checked, and signed off by a Qualified Chartered Professional Engineer (CPEng) before being used for any design, construction, consenting, or other purpose. That engineer is responsible for verifying all information and assumes professional responsibility for any work derived from it. The Software is only a tool to assist, and does not replace, that engineer.

3. Information is Approximate

All information presented by the Software — including but not limited to property boundaries, building outlines, underground service locations, distances, dimensions, areas, orientations, pool specifications, and aerial imagery — is indicative and approximate only, is sourced from third-party data that may be inaccurate, incomplete or out of date, and must be independently confirmed on site and against authoritative sources before any reliance is placed on it. Underground service locations in particular must be confirmed with the relevant network providers before any excavation.

4. Not for Building Consent Applications

The information provided in any quote or report produced by the Software is not to be used for Building Consent (BC) applications, or any statutory or regulatory submission, without the express approval and certification of a Qualified Chartered Professional Engineer (CPEng).

5. Limitation of Liability

Turm Consulting Engineers and Pool Builder accept no responsibility for any issue, loss or damage of any kind arising from your use of, or reliance on, the Software or its Outputs. The creator, designer, developer, author, owner, operator, and any contributors to or suppliers of the Software (together with Turm Consulting Engineers and Pool Builder, the “Providers”) accept no responsibility or liability whatsoever for any loss, cost, expense, damage, injury, delay, or claim of any kind — whether direct, indirect, incidental, consequential, or special — arising directly or indirectly from the use of, inability to use, or reliance upon the Software or any of its outputs, data, calculations, drawings, or reports. The Software is provided “as is” and “as available”, without warranties or representations of any kind, express or implied, including (without limitation) any warranty of accuracy, fitness for a particular purpose, or merchantability. To the maximum extent permitted by law, the Providers exclude all such liability. Responsibility for any work, decision, design, quote, or construction based on the Software rests entirely with the user and the reviewing Qualified Chartered Professional Engineer.

6. The Designer / Developer of the Website

The person or entity who designed, developed, built, authored, or programmed this website and Software (the “Designer”) provides it only as a general-purpose assistance tool. The Designer is not a party to any engagement between the user and any client, does not provide engineering, surveying, legal, or professional advice, and does not take responsibility for any damages, losses, errors, omissions, inaccuracies, or consequences of any kind arising from the Software or its use. The Software is only a tool to be used as assistance to, and under the supervision of, a Qualified Chartered Professional Engineer. The user agrees to indemnify and hold harmless the Designer and the other Providers against any claim, demand, liability, or cost arising from the user’s use of the Software or reliance on its outputs.

7. Third-Party Data & Sources

The Software relies on data, imagery, and services supplied by third parties (including, without limitation, mapping, aerial imagery, cadastral/parcel, building outline, and utility/service-network providers). The Providers do not control, verify, or guarantee the accuracy, completeness, currency, or availability of such third-party data, and accept no liability for any error, omission, outage, or change in it. The user is responsible for independently verifying all such information against authoritative, current sources.

Where a data provider requires a specific notice, that notice is set out below and forms part of these Terms. Some providers are also credited alongside their data on screen and in the drawing legend. These Terms are the complete record in every case.

Land Information New Zealand (LINZ). Contains data sourced from Land Information New Zealand and licensed for reuse under the Creative Commons Attribution 4.0 International Licence. This includes the parcel boundaries, building outlines, addresses, coastline and the suburb and locality boundaries the Software reads a property’s territorial authority from. LINZ does not endorse this product. Data may have been modified or combined with other sources.

Watercare Services Limited. Contains Watercare Services Limited GIS data licensed under the Creative Commons Attribution 4.0 International Licence. Watercare does not endorse this product. Data may have been modified or combined with other sources. Users should verify information before relying on it.

Sourced from Watercare Services Limited and licensed for reuse under the Creative Commons Attribution 4.0 International Licence. Data provided by Watercare Services Limited is considered illustrative and indicative only. Watercare Services Limited does not give, and expressly disclaims, any warranty as to the accuracy, completeness, or fitness for any purpose of this information. Use of this data is entirely at the user’s own risk, and users should independently verify the accuracy of the information before taking any action in reliance upon it.

Auckland Council. Contains data sourced from Auckland Council and licensed for reuse under the Creative Commons Attribution 4.0 International Licence. This includes the 2024 LiDAR contours (NZVD2016) and the council service and planning layers the Software reads. Auckland Council does not endorse this product. Data may have been modified or combined with other sources.

OpenStreetMap. The street basemap is © OpenStreetMap contributors, available under the Open Database Licence (ODbL). Map tiles are served by the OpenStreetMap Foundation under its Tile Usage Policy.

Leaflet. The interactive map is drawn with Leaflet, © Volodymyr Agafonkin and the Leaflet contributors, used under the BSD 2-Clause Licence.

8. No Professional Relationship

Use of the Software does not create any client, professional, fiduciary, agency, partnership, or advisory relationship between the user and the Providers or the Designer. Nothing produced by the Software constitutes engineering, surveying, planning, legal, or financial advice.

9. Intellectual Property, Feedback & Acceptable Use

All intellectual property rights in the Software — including its source code, object code, design, structure, user interface, layout, graphics, text, database schema, documentation, and the “Pool Builder” name, logo and branding — are owned by Turm Consulting Engineers or its licensors, and are protected by the Copyright Act 1994 and other applicable laws. Nothing in these Terms transfers any of those rights to you. Any access to the Software — including trial, partner, promotional or complimentary access — grants a licence to use it only, and confers no ownership interest of any kind in the Software or any part of it.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Software for its intended purpose. Except as permitted by law or with prior written permission, you must not: copy, reproduce, republish, distribute, sell, sub-licence, rent or lease the Software or any part of it; modify, adapt, translate or create derivative works from it; reverse-engineer, decompile or disassemble it, or otherwise attempt to derive its source code; use any automated means (including scraping, crawling or bots) to access, extract or copy its data, content or imagery; circumvent or interfere with any security, access-control, subscription, watermarking or rate-limiting measure; remove, obscure or alter any copyright, trade mark or other proprietary notice; or use the Software, its content, or its look and feel to build, train, or market a competing product or service.

If you provide any feedback, comment, survey response, suggestion, feature request or idea relating to the Software (“Feedback”), you assign to Turm Consulting Engineers all rights in that Feedback and grant Turm Consulting Engineers a perpetual, irrevocable, worldwide, royalty-free right to use, implement and commercialise it for any purpose, without obligation, attribution, confidentiality or compensation to you. All intellectual property in any feature, improvement or development created from Feedback is owned exclusively by Turm Consulting Engineers. Providing Feedback gives you no ownership, licence, or other interest in the Software or in any feature developed from it.

Outputs generated for you through the Software (such as quotes, site plans, drawings and reports) may be used for your own professional purposes, subject to the remainder of these Terms. Third-party data and imagery remain the property of their respective owners and are subject to their own licences and attribution requirements.

Breach of this section may result in immediate suspension or termination of your account and access, without limiting any other remedy available to the Providers.

10. Definitions

In these Terms: “Software”, “website” or “tool” means Pool Builder and all of its features, content, data, Outputs and documentation; “Providers” means Turm Consulting Engineers, Pool Builder and the parties described in clause 5; “you” or “user” means the person or entity that accesses or uses the Software and, where an account is created, the account holder; “Outputs” means any quote, site plan, drawing, measurement, report or other material generated by the Software; and “CPEng” means a Chartered Professional Engineer. Headings are for convenience only. References to legislation include any amendment to or replacement of it.

11. Eligibility & Accounts

You must be at least 18 years old and able to form a binding contract to use the Software. You are responsible for the accuracy of the information you provide, for keeping your login credentials confidential, and for all activity that occurs under your account. You must notify us promptly of any unauthorised use. Engineer accounts are subject to approval and may require verification of qualifications; we may decline, suspend or revoke any account at our discretion. You must not share, sell or transfer your account or access to any other person.

12. Trial, Partner & Subscription Access

Access may be offered on a free trial, “Trusted Partner”, promotional, complimentary or paid subscription basis. Any trial, partner or complimentary access is provided at our discretion, may be limited in features or time, and may be varied, suspended or withdrawn at any time without notice or liability. All access grants a licence to use the Software only, on the terms of clause 9, and confers no ownership of any kind.

13. Fees, Billing & Taxes

Where the Software is provided on a paid basis, you agree to pay the applicable fees for your subscription. Unless stated otherwise, fees are in New Zealand dollars and exclude GST and any other taxes, which you are responsible for. Fees may be changed on reasonable notice, effective from your next billing period. Except as required by law, fees are non-refundable, and non-payment may result in suspension or termination of access.

14. Availability, Maintenance & Changes to the Software

The Software is provided on an “as available” basis. We do not warrant that it will be uninterrupted, error-free, secure, or available at any particular time, and we may modify, update, suspend, limit or discontinue any part of it (including features, data sources and Outputs) at any time without notice. Scheduled or emergency maintenance, third-party outages, and factors beyond our control may affect availability. We are not liable for any unavailability, data loss, or change to the Software or its Outputs.

15. Assumption of Risk

You acknowledge that the Software is a preliminary planning aid only, that its Outputs are indicative and approximate, and that they must be independently verified on site and reviewed and certified by a CPEng before any reliance, design, pricing, excavation, construction, consenting or other use. You assume all risk arising from your use of, or reliance on, the Software and its Outputs, and from any decision you make on the basis of them.

16. Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Providers from and against any claim, demand, action, loss, damage, cost or expense (including legal costs on a solicitor-and-own-client basis) arising out of or in connection with your use of the Software or its Outputs, your breach of these Terms, or any reliance placed on an Output that has not been reviewed and certified by a CPEng.

17. Termination & Suspension

We may suspend or terminate your access to the Software at any time, with or without cause and with or without notice, including where we consider you have breached these Terms or to protect the Software or other users. You may stop using the Software at any time. On termination your licence ends immediately and you must cease all use; provisions which by their nature should survive (including clauses 5, 6, 9, 15, 16 and 18) survive termination.

18. General

These Terms, together with any subscription or access terms we provide, are the entire agreement between you and us regarding the Software and supersede any prior understanding. If any provision is held invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in force. Our failure to enforce any right is not a waiver of it. You may not assign or transfer your rights under these Terms; we may assign, novate or transfer ours (including in connection with any sale or reorganisation of the business or the Software) without your consent. We are not liable for any failure or delay caused by events beyond our reasonable control. Notices to you may be given through the Software or to the contact details on your account. These Terms are governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the New Zealand courts. Nothing in these Terms limits rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 that cannot lawfully be excluded; where you acquire the Software for business purposes, you agree those Acts do not apply to the extent the law allows contracting out.

19. Changes to These Terms

The Providers may update or amend these Terms & Conditions at any time. Continued use of the Software after any change constitutes acceptance of the revised Terms. These Terms are governed by the laws of New Zealand.

20. Acknowledgement

By creating an account and using the Software, you acknowledge that you have read, understood, and agree to these Terms & Conditions, and that you accept the responsibilities and limitations set out above.

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