Terms and Conditions of Purchase: Natural Pool and Swim Pond Plans

DIY Natural Pool Academy
Last updated: 15 October 2026

IMPORTANT NOTICE: PLEASE READ BEFORE YOU BUY

These Terms contain clauses that limit our liability, place risk and responsibility on you, and require you to indemnify us. Please read them carefully. In particular:

• The Plans are a design concept and general guidance. They are not certified engineering drawings, and they have not been prepared for your specific property, soil, climate or local regulations.
• You must have the structural, electrical, waterproofing and approval aspects of your Project checked and carried out by suitably qualified local professionals.
• Swimming pools and natural pools carry a real risk of drowning, serious injury and illness.
• You are fully responsible for the design, construction, safety, maintenance and use of your pool.
• Our total liability to you is limited to the price you paid for the Plans.
• You indemnify us against claims by you or anyone else arising from your project.

By ticking the box at checkout you confirm that you have read and understood these Terms, including the clauses listed in this notice, and that you agree to them.

1. Who we are

1.1 The Plans are sold by K2024795119 (Pty) Ltd (registration number 2024/795119/07), trading as DIY Natural Pool Academy and Leaf & Stone Natural Pools, of 17 Clairvaux Road, Kalk Bay, Cape Town, 7975, South Africa ("we", "us", "our").

1.2 You can contact us at [email protected].

2. Definitions

In these Terms:

• "Plans" means the natural pool or swim pond plan set you purchase, including drawings, dimensions, hydraulic calculations, bills of quantities, materials lists, specifications, instructions, videos and any other material supplied with it, and any resized version we supply.
• "Project" means any pool, pond, wetland, filtration system or related work you carry out, or have carried out, using the Plans in any way.
• "You" means the person buying the Plans and, where relevant, anyone who uses the Plans with your permission.

3. Acceptance of these Terms

3.1 You accept these Terms by ticking the acceptance box at checkout and completing your purchase.

3.2 If you are buying on behalf of a company or another person, you confirm that you have authority to accept these Terms on their behalf.

3.3 You confirm that you are 18 years of age or older.

4. What you are buying

4.1 The Plans set out a natural pool design and the biological filtration concept behind it, based on our practical design and construction experience.

4.2 The Plans are a design concept and general guidance only. They are not certified structural, geotechnical, civil, hydraulic or electrical engineering drawings. We have not seen your property, your soil, your slope, your groundwater, your climate, your water supply or your local regulations.

4.3 Any quantities, costs, depths, flow rates and dimensions in the Plans are indicative. They must be checked and confirmed for your site before you order materials or start work.

4.4 Buying the Plans does not create a consultant, designer, engineer or contractor relationship between you and us. Resizing, one-on-one consultations, site-specific design and project support are separate services that must be agreed and paid for separately, unless your purchase expressly includes them.

5. Your responsibilities

5.1 You are solely responsible for your Project. This includes deciding whether the Plans are suitable for your site, and the construction, installation, safety, maintenance, operation and use of your pool.

5.2 The pool structure, retaining walls, foundations, excavation, waterproofing, electrical work and all required approvals are your responsibility and the responsibility of your builder, pool contractor or engineer. You must obtain advice from suitably qualified local professionals, including:

(a) a structural or geotechnical engineer for any concrete shell, retaining walls, vertical walls, foundations, excavation near buildings or boundaries, sloping sites, or unstable or wet ground; (b) a qualified pool contractor or builder for construction and waterproofing; (c) a qualified and licensed electrician for all pumps, lighting, wiring and other electrical work near water, which must be correctly earthed and protected by a residual current device (earth leakage protection); (d) a plumber or pool technician for pipework and circulation equipment where you are not competent to do the work yourself.

5.3 Before excavating, you are responsible for locating and protecting underground services (water, gas, electricity, sewer, telecommunications), and for making excavations safe.

5.4 You are responsible for complying with all laws, by-laws, building regulations, permits, approvals, estate or homeowners' association rules and insurance requirements that apply to your property and Project, including any rules about pool fencing, barriers, boundary setbacks, drainage, water use and the planting of invasive or protected plant species.

5.5 You are responsible for choosing plants and materials that are suitable, non-toxic, non-invasive and legal in your area, and for protecting any liner or membrane from punctures and damage.

5.6 If you or your contractor change the Plans in any way (including dimensions, depths, wall types, materials, equipment or layout), you are responsible for the consequences of those changes.

5.7 You are responsible for informing anyone who uses or is responsible for your pool (including family members, guests, tenants, future owners and maintenance staff) of the risks described in these Terms and in the Plans.

6. Safety warnings

6.1 Drowning. Any body of water can cause drowning. Never leave children, non-swimmers or vulnerable people unsupervised in or near your pool. Install and maintain fencing, gates and other barriers required by law or recommended for your situation.

6.2 Changes in depth and natural edges. Natural pools and swim ponds often have planted shallow zones that drop into a deeper swim zone, and edges that blend into the garden and may not look like the edge of a pool. People, especially children, can fall in or step unexpectedly into deep water. Mark and protect these areas as appropriate for your situation.

6.3 Planted and gravel zones. Wetland and regeneration zones are not designed to be walked or swum in. Gravel, plant roots, pipework and liners can cause slips, cuts and entanglement.

6.4 Water quality and illness. A natural pool is a living biological system. It is not disinfected with chlorine or other chemicals in the way a conventional pool is. We do not guarantee that the water in your pool will be free of bacteria, parasites, algae or other organisms that may cause illness or infection. People with open wounds, weakened immune systems, or other health vulnerabilities, as well as babies and young children, are at greater risk. We recommend periodic water testing by an accredited laboratory, and you should stop swimming if you are unsure about water quality.

6.5 Wildlife. Natural pools attract insects, frogs, birds and other wildlife. Depending on where you live this may include mosquitoes, stinging insects, snakes or other animals.

6.6 Slips and falls. Pool surrounds, decks, steps and planted areas can be slippery and uneven.

6.7 Construction hazards. Excavation, heavy materials, machinery, concrete work and trench collapse can cause serious injury. Use competent people and follow safe working practices.

6.8 Electrical. Electricity and water are a dangerous combination. All electrical work must be carried out by a qualified electrician (see clause 5.2(c)).

7. Results are not guaranteed

7.1 Results depend on factors outside our control, including your climate, sunlight, water source, bather load, the plants you choose, the quality of construction and how the pool is maintained.

7.2 A natural pool needs time for plants and biological filtration to establish, and water quality may be variable, including periods of algae or green water, while the system matures. This is normal and does not mean the Plans are defective.

7.3 We do not guarantee any particular water clarity, water quality, appearance, construction cost, timeframe or result.

8. Third-party products and contractors

8.1 Any reference in the Plans to products, materials, equipment, suppliers or contractors is for convenience only. We are not responsible for their availability, price, quality, performance or safety. Your use of them is governed by the terms of the relevant third party.

8.2 We are not responsible for the work of any contractor, engineer, tradesperson or other person you appoint, even if we have recommended them.

9. Limitation of liability

9.1 To the fullest extent permitted by applicable law, you use the Plans and carry out your Project entirely at your own risk.

9.2 To the fullest extent permitted by applicable law, we (and our directors, employees and agents) will not be liable to you or anyone else for any loss, damage, injury, illness or death of any kind, whether direct, indirect, special or consequential, and whether arising in contract, delict (tort), negligence or otherwise, that arises from or is connected with the Plans, your Project or your pool. This includes, without limitation, damage to property, structural, retaining wall or waterproofing failure, ground movement, water loss, damage to neighbouring property, plant or animal loss, loss of use, loss of income, and the cost of materials, labour, repairs or professional fees.

9.3 If, despite clause 9.2, we are found liable to you for any reason, our total liability for all claims together will not exceed the amount you paid us for the Plans.

9.4 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for gross negligence or wilful misconduct.

10. Indemnity

10.1 You indemnify and hold harmless us, our directors, employees and agents against any claim, demand, loss, damage, liability, cost or expense (including legal costs) made or brought by you or by any third party (including family members, guests, tenants, neighbours, contractors, future owners and authorities) arising from or connected with your Project, your pool, your use of the Plans or your breach of these Terms.

11. Refunds

11.1 The Plans are covered by a 30-day guarantee. Within 30 days of purchase you may book a free 15-minute call with us to check whether the Plans suit your site. If the Plans cannot be made to work for your site, we will give you a full refund.

11.2 To claim a refund, contact us at [email protected] within 30 days of purchase.

11.3 When a refund is made, your licence to use the Plans ends and you must delete and destroy all copies of the Plans in your possession and in the possession of anyone you shared them with.

12. Licence and intellectual property

12.1 All content in the Plans belongs to us and is protected by copyright and other intellectual property laws.

12.2 We grant you a personal, non-exclusive, non-transferable licence to use the Plans to build one pool at one property. You may share the Plans with the engineers, contractors and authorities involved in that Project.

12.3 You may not copy, resell, publish, upload, share, distribute, reuse the Plans for additional pools or properties, or use them to provide services to others or to create competing plans or products, without our written consent.

13. Support

13.1 Unless your purchase expressly includes it, the Plans do not include personal support, consultations, site visits, design reviews or troubleshooting, other than the guarantee call in clause 11. These can be booked separately.

13.2 Any informal comments we make in emails, community groups, social media or comments do not form part of the Plans, are given without liability and are subject to these Terms.

14. Accuracy and updates

14.1 We have taken reasonable care to make the Plans accurate and useful, but we do not warrant that they are complete or error-free. You and your professionals must check all dimensions, levels and quantities before construction.

14.2 We may update the Plans from time to time.

15. Privacy

15.1 We collect and use your personal information to process your purchase, give you access to the Plans and communicate with you. We handle it in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and do not sell it to third parties.

16. Governing law and disputes

16.1 These Terms are governed by the laws of the Republic of South Africa, regardless of where you live or where your Project is located.

16.2 Any dispute arising from or connected with these Terms or the Plans that cannot be resolved by good-faith discussion within 30 days will be referred to and finally resolved by arbitration in Cape Town, South Africa, in English, before a single arbitrator, in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) or its successor.

16.3 Nothing in this clause prevents either party from applying to a competent court for urgent interim relief.

17. Consumer rights

17.1 If consumer protection laws in South Africa or in your country give you rights that cannot be excluded or limited by agreement, nothing in these Terms excludes or limits those rights. These Terms apply to the fullest extent those laws allow.

18. General

18.1 These Terms are the entire agreement between you and us about the Plans.

18.2 If any part of these Terms is found to be invalid or unenforceable, that part will be removed or limited to the minimum extent necessary, and the rest of these Terms will continue in full force.

18.3 If we do not enforce any right under these Terms, this does not mean we have waived it.

18.4 We may update these Terms from time to time. The version in force on the date of your purchase applies to that purchase.

Acknowledgement

By ticking the box at checkout, I confirm that I have read and understood these Terms and Conditions, including the safety warnings about drowning, depth changes, water quality and construction and the clauses that limit the liability of DIY Natural Pool Academy and require me to indemnify it. I understand the Plans are not certified engineering drawings, and I accept full responsibility for my Project and for the safety of everyone who uses my pool.