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TERMS & CONDITIONS | SWIMFIN AUSTRALIA

These terms and conditions of use, together with any site or other policies (Terms & Conditions) govern your use of swimfin.com.au services (the Site).

swimfin.com.au does not take responsibility for other websites, including websites that may be linked to this Site from time to time, or any device used to access or view our site.

swimfin.com.au will not be liable for any loss incurred from relying on this Site, including data corruption on download.

1.  ABOUT SWIMFIN.COM.AU

swimfin.com.au is operated by SwimFin Australia Pty Limited, ACN 164 303 324, 1A Leys Avenue, Lilyfield, NSW 2040 (swimfin.com.au).

swimfin.com.au allows users to purchase Products from SwimFin Australia Pty Limited.

Subject to law, and other than in relation to any liability which under law cannot be excluded, swimfin.com.au is not liable for any costs, damages or other loss incurred as result of your use of the Site.

2.  ACCEPTANCE OF TERMS

Your access to and use of the Site, including your use of the materials and information accessible on or from the Site and the ordering of products from the Site, is governed by these Terms & Conditions.

Your use of the Site is conditional upon your acceptance and compliance with these Terms & Conditions. You should read the Terms & Conditions carefully. By using the Site, you agree to be bound by, and comply with, these Terms & Conditions. You must not access, browse or otherwise use the Site unless you agree to be bound by the Terms & Conditions.

swimfin.com.au reserves the right to amend or vary the Site and these Terms & Conditions at any time and from time to time without notice to you. Your continued use of the Site after any amendment or variation to the Terms & Conditions constitutes an agreement by you to abide by and be bound by the Terms & Conditions as so amended. If you breach these Terms & Conditions, your right to use the Site will cease immediately and we may refuse you access to the Site at our complete discretion.

3.  ACCESSING THE SITE

Access to the Site is not provided on a continuous, uninterrupted or permanent basis. Products offered by swimfin.com.au may vary from time to time. Not all sections of the Site may be able to be accessed by all users of the Site. swimfin.com.au reserves the right to withdraw or amend the service swimfin.com.au provides on the Site without notice. swimfin.com.au will not be liable if for any reason the Site is unavailable at any time or for any period.

From time to time, swimfin.com.au may restrict access to some parts of the Site, or the entire Site, to users who have registered an account with us. When you register, you are required to provide swimfin.com.au with information about yourself that is true, accurate, current and complete in all respects. swimfin.com.au may change registration requirements from time to time at its complete discretion.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of swimfin.com.au’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. swimfin.com.au has the right to disable any user identification code or password, whether chosen by you or provided to you by swimfin.com.au, at any time, if in swimfin.com.au’s opinion you have failed to comply with any of the provisions of these Terms & Conditions.

4.  CONTRACT BETWEEN YOU AND SWIMFIN.COM.AU

Each order you submit is deemed an offer by you to purchase the Products specified within the order, subject to these Terms & Conditions and any additional Terms & Conditions notified to you.

In the case of Products, swimfin.com.au or our distribution partner, will pick, pack and ship Products ordered to you.

The following should be noted:

(a) swimfin.com.au does not share your credit card or other financial information with any other party. swimfin.com.au does however provide our distribution partner with information to assist in the fulfillment of orders and customer service. This information may include your name, address, telephone number and email address. Your information is passed to and used by our distribution partner for fulfillment purposes only.

(b) From time to time our distribution partner will manage and support your order, including, where relevant, shipping and handling, customer service and other activities.

(c) swimfin.com.au reserves the right to accept or reject your offer to purchase Products for any reason, including, without limitation, the unavailability of any Good, an error in the price or the description of the Good published on the Site, or an error in your order.

5.  CAPACITY

The Products on the Site are only available for sale to individuals who can enter into legally binding contracts. The Products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. By making a purchase on swimfin.com.au, you accept these Terms & Conditions and acknowledge that you are over the age of eighteen (18) years and are able to make a legally binding contract.

6.  ACCEPTED PAYMENT METHODS

Orders through swimfin.com.au may be finalised and paid for by using the following acceptable payment methods:

(a) PayPal; or

(b) swimfin.com.au Gift Vouchers.

All prices listed on the Site are in Australian dollars ($) unless specified otherwise and Products are payable in Australian dollars ($) only, including any applicable taxes. If your payment cannot be successfully processed swimfin.com.au may contact you or we may cancel your order.

7.  ACCEPTANCE OF ORDER / TRANSACTION

swimfin.com.au may refuse to process an order for any reason or refuse to service swimfin.com.au customers at any time at our sole discretion. All orders placed must by placed using one or a combination of our Accepted Payment Methods, as described in clause 6 of these Terms and Conditions. Your transaction must be approved in order for us to complete your order. We may require additional verifications or information before accepting any order. Additionally, your financial institution may also decline to process payment requests. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

8.  DELIVERY ARRANGEMENTS

Refer to the Delivery Policyavailable on swimfin.com.au.com.au for details of delivery fees and other terms and conditions relating to delivery or shipping.

9.  RETURNS

See the Returns Policy for details on how to return Products to swimfin.com.au and other terms and conditions relating to return of Products.

10.  PROMOTIONAL DISCOUNT CODES AND PROMOTIONAL OFFERS

From time to time swimfin.com.au may offer promotional discount codes or special offers (Promotional Offers or Promotional Discount Codes). If you have a Promotional Discount Code, it should be entered where prompted during the checkout process. By redeeming any of swimfin.com.au's Promotional Discount Codes or accepting a Promotional Offer, you agree to comply with all of the following terms and conditions:

(a) All discounts arising from Promotional Offers (percentage or dollar discounts) and Promotional Discount Codes are applied to transactions only after any swimfin.com.au account credit, where relevant, is used;

(b) If you have been provided a valid Promotional Discount Code, you must enter it into the designated field in the checkout process. Otherwise, your discount will not be applied. We cannot apply discounts manually;

(c) Promotional Discount Codes must be used before the designated expiration date. No extensions will be allowed under any circumstances;

(d) Promotional Discount Codes and Promotional Offers cannot be combined in the one transaction and cannot be used with other offers;

(e) Where multiple discounts may apply, the user will receive the smallest discount available and applicable to a single code only;

(f) swimfin.com.au reserves the right to verify the validity of Promotional Discount Codes issued at any time. If there has been (or we have reason to believe there has been) any unauthorised use or circulation of Promotional Discount Codes, we will immediately disable any or all Promotional Discount Codes created and may close your Account;

(g) swimfin.com.au reserves the right to remove, disable or revoke, individually or otherwise any Promotional Offer or Promotional Discount Code without notice at any time;

(h) You may be prevented from or deemed ineligible for other Promotional Offers or other Discount Offers if you use a Discount Code;

(i) Discount Codes cannot be applied to e-Gift Cards or e-Gift Vouchers and are excluded from use.

11.  PRODUCTS AND SERVICES TAX (GST) AND OTHER TAXES

Prices displayed on the Site are inclusive of GST unless expressly excluded (except Gift Card purchases where GST does not apply).

You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from the Site.

The Site is designed and provided for use by Australian residents and we require all swimfin.com.au to provide an estimate of any such taxation or other liabilities on the assumption that you are an Australian resident.

Without limiting section 15, if you are not an Australian resident you must make your own enquiries about whether any such liabilities will be imposed if Products are delivered to you. swimfin.com.au cannot process a refund of GST or any other taxes or fees for non-residents of Australia.

12.  INTERNATIONAL ORDERS AND DELIVERY

Swimfin.com.au currently delivers within Australia and New Zealand only.

13.  COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

swimfin.com.au, is the copyright owner of the content of the Site or is licensed by the copyright owner to use the content on the Site. Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:

(a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Site;

(b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site;

(c) perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on the Site without the specific prior written consent of swimfin.com.au; or

(d) use or apply, for commercial purposes any material or information on the Site, without the prior written consent of swimfin.com.au.

All trademarks, brands and names appearing on the Site are the property of their respective owners. Nothing contained on the Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information. No trademarks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.

14.  PRODUCT LISTING ERRORS

In the event a Good is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or an error in the Good description information, swimfin.com.au may refuse or cancel any orders placed for Products listed at the incorrect price. swimfin.com.au may refuse or cancel any such orders whether or not the order has been confirmed and your payment approved. Where payment has been approved and your order is cancelled, swimfin.com.au will as soon as possible, refund your purchase in full in accordance with the Returns Policy.

15.  LINKS AND THIRD-PARTY STATEMENTS ON THE SITE

The Site provides links to other websites not maintained or controlled by, or associated with, swimfin.com.au. swimfin.com.au makes no endorsements, representations or warranties about any other website which you may access through the Site (Other Website). When you access an Other Website, that Other Website is independent from swimfin.com.au and we have no control over the content on that Other Website.

Any link to an Other Website is provided as a convenience to users of the Site. Other Websites are not under the control of swimfin.com.au and we are not responsible for the accuracy of any information on any Other Website. swimfin.com.au does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from the Site are free from viruses, worms, Trojan horses and other material of a destructive nature.

swimfin.com.au will not routinely monitor or review statements made by persons other than swimfin.com.au (Third Parties) on the Site. Third Parties may post statements or information on some portion of the Site, from time to time (Third Party Posted Material). swimfin.com.au has the right at all times to remove any Third Party Posted Material from the Site or to edit any Third Party Posted Material, including in response to complaints received in relation to that material. swimfin.com.au makes no representations to you about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material.

swimfin.com.au expressly disclaims any liability to you for all Third Party Posted Material. Subject to any liability which cannot by law be excluded, swimfin.com.au is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of the Site, the use of any other hyper-linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if swimfin.com.au has been expressly advised of the possibility of such loss or damages.

You must indemnify and keep indemnified swimfin.com.au in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.

16.  SECURITY

swimfin.com.au uses advanced internet encryption technology ("SSL" or "Secure Socket Layer" technology) managed by world-class encryption supplier Geotrust to encode personal data that you send to swimfin.com.au when placing an order through the Site. To check that you are in a secure area of the Site before sending personal data to swimfin.com.au, please look at the bottom right of your website browser and check that it displays an image of a closed padlock or an unbroken key.

For the purposes of keeping your account details and personal information secure, if you are using a computer or terminal in a public location, swimfin.com.au recommends that you always log out and close the website browser when you complete an online session for your security. In addition swimfin.com.au recommends that you take the following security measures to enhance your online safety:

(a) Keep your account passwords private;

(b) When creating a password, use at least 6 characters. A combination of letters and numbers is best. swimfin.com.au also recommends that you frequently change your password;

(c) Avoid using the same password for multiple online accounts.

swimfin.com.au will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from swimfin.com.au.com.au asking you to do so, please ignore it and do not respond.

17.  VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse swimfin.com.au.com.au by knowingly introducing viruses, trojans, worms, logic boms or other material that is malicious or harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to our Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

If we become aware that you have breached any law in connection with your use or access of this Site, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

swimfin.com.au does not represent that any information (including any file) obtained from or through the Site are free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. swimfin.com.au will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information or due to your use of the Site or any website linked to the Site, howsoever caused. To the extent that any liability may be imposed on swimfin.com.au, to the extent permitted by law it shall be limited to the cost of re-supplying that information.

18.  DISCLAIMERS

The Site has been prepared under Australian law.

swimfin.com.au updates the Site as often as is practicable, but information can change rapidly and no member of swimfin.com.au guarantees its accuracy at any time.

By using the Site, you agree that your access to, and use of, the Site is subject to these Terms & Conditions and all applicable laws, and is at your own risk. While the information and material contained on the Site is believed to be accurate and current, it is provided by swimfin.com.au in good faith on an "as is" basis, and swimfin.com.au and the directors, officers and employees of swimfin.com.au accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. Any reference to Products on the Site is for information purposes only and does not constitute an endorsement or a recommendation of those Products by swimfin.com.au or any swimfin.com.au company.

Subject to any non-excludable provisions in the Competition and Consumer Act 2010 (Cth) and similar State or Territory legislation in Australia:

(a) swimfin.com.au expressly disclaims any implied or express warranties or conditions of any kind, including non infringement of intellectual property rights relating to information or materials accessible from or on the Site; and

(b) swimfin.com.au shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement Products, or otherwise, even if swimfin.com.au is expressly advised of the likelihood of such loss or damage.

To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the Site.

19.  CONFIDENTIAL INFORMATION

You should not send any information or material that you consider to be confidential or proprietary, to swimfin.com.au or any other person, through the Site. Any information or material sent to swimfin.com.au at, or through the Site, other than personal information or financial information submitted during the account registration or checkout process is deemed to be not confidential. You are deemed to grant to swimfin.com.au an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through the Site. swimfin.com.au is free to use any ideas, concepts, know-how or techniques that you send to swimfin.com.au, for any purpose.

20.  PRIVACY

swimfin.com.au may collect your personal information through your use of the Site or through your contact with swimfin.com.au. Any personal data and other information provided by you will be processed by swimfin.com.au in accordance with the swimfin.com.au Privacy Policyavailable on swimfin.com.au. By providing any such personal data or other information you agree to the terms of the swimfin.com.au Privacy Policy and in particular you agree that swimfin.com.au can collect, hold, use and disclose your personal information in the ways set out in the Privacy Policy.

21.  WAIVER

If we fail at any time to insist upon strict performance of any of your obligations under these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

22.  SEVERABILITY

If any of these Terms & Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

23.  APPLICABLE LAW

These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.

The Site may be accessed throughout Australia and overseas. swimfin.com.au makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

24.  ALTERATIONS TO TERMS & CONDITIONS

swimfin.com.au may revise or alter these Terms & Conditions at any time. Revisions and alterations will be posted on the Site. Users are responsible for reviewing the Site from time to time to ensure compliance.

25.  FEEDBACK AND COMPLAINTS

General comments about the Site or our service are welcome via contactus@swimfin.com.au.

26.  ENTIRE AGREEMENT

These Terms & Conditions and any document expressly referred to in them represent the entire agreement between you and swimfin.com.au and supersede any prior agreement, understanding or arrangement between you and swimfin.com.au, whether oral or in writing.

 


 
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