Terms of Use
These Website Terms of Use apply to the website owned and operated by Swimming New South Wales Limited under the domain name www.nswshop.swimming.org.au (the Website). Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use. If you do not agree with these Terms of Use you should cease using the Website. The Website is operated in Australia and prices quoted on the Website are in Australian dollars unless otherwise specified.
Disclaimer and liability
Every effort has been made to ensure the information contained on the Website is correct, however Swimming NSW makes no warranty as to the accuracy, comprehensiveness, or correctness of any products on the Website, and provides all products on an "as is" basis.
Swimming NSW, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it including, without limitation, loss or damage suffered as a result of negligence.
Privacy
Swimming NSW takes the security of your personal information very seriously. For more information please see our Privacy Policy.
Personal information
Any personal information collected by Swimming NSW shall not be disclosed to any third party unrelated to the Swimming NSW business unless such a disclosure is authorised or required by law, or you have expressly consented to such a disclosure. Swimming NSW otherwise relies on its Privacy Policy.
Credit card information & payment
Credit card information collected for the purpose of payment of products purchased on the Website is handled securely using a Level 1 PCI compliant solution through Shopify. Credit card and order data is encrypted and secure and uses 256-bit SSL certificates to keep order details secure. Swimming NSW does not store or have access to your credit card details – they are transmitted directly and securely through the Shopify Payments gateway.
Provision of credit card information as payment for the product/s constitutes an agreement of your purchase of the selected product/s. You must not pay or attempt to pay for product/s using fraudulent credit card information.
Security of your account
If you create an account with Swimming NSW you will be required to provide a password. You acknowledge that you are solely responsible for maintaining the security of your password.
Each time you use the password, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms of Use. This means that you are responsible for any products purchased using your account details. You must notify Swimming NSW if at any time you believe someone has access to your password.
Pricing and GST
All prices on the Website are quoted in Australian dollars and include GST. GST is subject to change and users of the Website will not be informed by Swimming NSW if a change occurs. All prices are subject to change. All prices displayed on this Website are only valid online at the time shown.
Customer communications
Swimming NSW will communicate with you about your order and the purchased product using email. Account holders must provide a valid email address to Swimming NSW for this purpose.
From time to time, Swimming NSW will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication.
Customer service
Our customer service is currently only available during regular business hours. We will endeavour to respond to any emails or phone messages received outside of business hours within a reasonable timeframe, usually on the next business day.
Order cancellations
You may cancel your order or parts of your order before the order is dispatched by Swimming NSW. Swimming NSW will not charge you for the orders cancelled nor will we charge you a cancellation fee. However, once the order is dispatched for delivery you are unable to cancel the order.
Swimming NSW also reserves the right to cancel your order if:
- You provide invalid or unauthorised payment details
- We are unable to process payment on the details provided
- You provide invalid personal details
- The product has become unavailable
Swimming NSW will notify you before cancelling your order.
Delivery
Swimming NSW delivers within Australia and will make the best efforts to deliver products within the delivery timeframe specified during the purchase process. For more information, please refer to our Delivery Policy.
Returns and exchanges
Swimming NSW provides for the reasonable return and/or exchange of goods purchased on the Website. Please refer to our policy on returns and exchanges here.
Your consumer rights
You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that goods will be of acceptable quality and match their description and that services will be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
Account suspension and termination
If you breach these Terms of Use, Swimming NSW reserves the right to suspend or terminate your account at any time without prior notice to you. If your account is suspended or terminated, you will not be able to purchase from the Website.
If you are awaiting delivery of products, Swimming NSW reserves the right to cancel your order. A refund may be issued to the credit card provided during the purchase process.
Links
The Website may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such other website.
Disputes
This contract will be governed by the laws of New South Wales, Australia. Any dispute arising out of your use of the Website, or the products purchased on it, will be subject to the exclusive courts of that jurisdiction.
Security
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. Swimming NSW makes no warranty in respect of the strength or effectiveness of that encryption and accepts no responsibility for events arising from unauthorised access of the information you provide.
Copyright
All information, text, material, graphics, software and advertisements on the Website are Copyright (c) of Swimming NSW and its suppliers and/or licensors, unless expressly indicated as otherwise. The Website content is protected by Australian and international copyright and trade mark laws. You must not modify, copy or distribute the Website content in any way except as expressly provided for on the website or expressly authorised in writing by Swimming NSW.
You must not frame or embed in another website any of the material appearing on this website without our prior written consent.
You may store a reproduction of the content on the Website on your local computer for the sole purpose of viewing the content; and print hard copies of the content for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.
Changes to Terms of Use
Swimming NSW reserves the right to change the Terms of Use of its service without informing you. The Terms of Use for existing orders shall be upheld by Swimming NSW. You should check our Website for any updated Terms of Use.
Contact us
You can find our contact details on our Contact Us page.