Terms & Conditions
Welcome to os-swim.com (our Online Store, Site).
Our Site gives you an opportunity to browse and purchase products offered by T.E SCANNELL & A.M SCANNELL (ABN 93 847 653 287) trading as OS SWIM (we, us, our).
These Terms and Conditions (Terms) govern your use of our Online Store, and our products, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at firstname.lastname@example.org before using our Online Store and buying our products.
Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.
1. ACCEPTANCE OF TERMS
- By browsing, accessing, purchasing, or using the products offered on our Online Store, whether or not you have purchased our products either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business, you acknowledge that you have read and understood these Terms and agree to be bound by them and our policies.
2. VARIATIONS TO TERMS
- Wereserve the right, in our sole discretion, to vary, change or amend any part of these Terms.
- In that event, wewill provide notice of the variation by publishing the updated Terms on our Online Store.
- The updated Terms will be taken to have effect on the date of publication.
- Your continued use of our products and the Online Store constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
- Should you object or disagree to these Terms, you must discontinue your use of our products and services, and our Online Store.2-
- Before you purchase our products through our Online Store, you may be required to create an account with us.
- To create an account, you must provide us with accurate, complete and up-to-date user information, as requested from time to time, and it is your responsibility to inform us of any changes to your user information.
- We may at any time request documents to verify your identify either at, or after, the time of creating an account.
- You must ensure the security and confidentiality of your account details, including any username and/or Password at all times. You must notify us immediately if they become aware of any unauthorised use of your account details.
- Once an account is created, you must not allow any other person or user to use your Password or your account or to share our products and services with anyone else.
- If you are using our products, you acknowledge and agree that:
- You are solely responsible for protection and confidentiality of any password or user identification that may be issued to at the time of account creation or from time to time (Password);
- You will not reveal (or cause to be revealed through any act or omission) your Password to any other person, other than yourself;
- You will not cause any of the products and services that are available on our Online Store to be revealed or supplied to any other person or business;
- You will immediately notify us if your Password is lost or becomes known to any other person; and
- You are solely responsible for all access to and use of this Online Store via your Password, whether such access or use is by you or any other person.
4. ONLINE STORE TERMS
- You may buy products offered online by us by completing the order form available on our Online Store. To buy products and services on our Online Store, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
- Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferrable right to access and use our Online Store for your own personal use. You must not exploit any of Our Content for commercial benefit. Any other use of our Online Store is expressly prohibited.
- You must not use the Online Store to:
- provide or upload false or misleading information, create a false identity or use or attempt to use another person’s Online Store account;
- hack into any part of our Online Store through password mining, phishing, or any other means;
- knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
- circumvent the Online Store’s structure, presentation or navigational function so as to obtain information the Law Society has chosen not to make publicly available through the Online Store;
- act in a manner that negatively affects other users, including through a denial-of-service attack or a distributed denial-of-service attack;
- transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to products or services that are not deemed items, unless expressly authorised by us; or
- attempt to modify, reverse engineer, or reverse-assemble any part of our Online Store.
- Without limiting clause 4.3 above, you must comply with all applicable laws, regulations, codes or standards when using the Online Store.
6. PLACING YOUR ORDER
- You may place an order to purchase our products via our Online Store.
- Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us within our sole discretion.
- All orders will be processed on business days in New South Wales, Australia, which are Monday to Friday, excluding public holidays.
7. ORDER PROCESS
- Any order you submit via our Online Store is subject to our acceptance of your order and the availability of items. Until you complete a purchase, any item(s) in your cart are not reserved and may be purchased by other customers.
- You must pay for an item at the time you place your order through our Online Store and we will deduct all amounts owing at the time of processing your order.
8. ONLINE STORE AVAILABILITY AND CHANGES
- We may withdraw and/or re-offer any item listed for sale on its Online Store, including through any means of access to the Online Store (websites, domain names, URLs, landing pages and/or any other medium) if the item:
- becomes unavailable; or
- was incorrectly described or listed.
9. DISCOUNTS, PROMOTIONS AND OFFERS
- From time to time, we may offer the opportunity to purchase its products and services at a discounted or promotional price on our Online Store, subject to these Terms.
- Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Online Store.
- All prices for our products are in Australian dollars (AUD) and as displayed via our Online Store or otherwise confirmed verbally at the time of purchase.
- All prices for our products are inclusive of GST.
- All prices listed on the Online Store exclude delivery costs. Delivery costs are shown as a separate fee on an online order.
- All prices are subject to change without notice, except as displayed online or confirmed verbally at the time of purchase.
- All products and services are offered for sale subject to availability. If an item is out of stock or not being run at a certain point in time, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.
- Invoices and receipts for any of our products are automatically generated to the email address entered at the time of purchase or as registered to your account, but can otherwise be requested at any time by emailing email@example.com.
- In circumstances where we invoice you for payment, payment becomes due and payable in accordance with the date prescribed on that invoice. Failure to make payment by the payment due date may lead to suspension or termination of our products and services in accordance with clause 19.
- Some of our payments are operated through an online and automated billing system by using a default payment provider (Online Payment). Our default payment provider may include Stripe, PayPal, Zipay, Afterpay or any other such default payment providers as nominated by us and made available on our Online Store from time to time. Where your payments are made via Online Payment:
- You authorise us to receive the Online Payment and agree that this may occur by either debiting your account for a once-off payment, or by debiting periodic payments over a period of time (as the case permits), to ensure that all Online Payments are met and made in accordance with these Terms and the terms of our default payment provider.
- You agree to ensure sufficient funds are available in your nominated account to meet each Online Payment.
- You agree not to cancel any Online Payment due to us and that we may rely on these Terms to reinstate or recover any cancelled Online Payment or default in Online Payment until such time as they are made.
- In the event there are insufficient funds in your nominated account to meet the periodic payment, or where the periodic payment is in default, we reserve our right to charge you a fee.
- In that event, you also authorise us to debit your nominated account within 3 business days of the initial default, for the Online Payment and any associated fee referred above.
- Any default in Online Payment or any payment by the payment date may lead to suspension, or termination of the Online Store or our products and services in accordance with clause 19.
12. REFUNDS AND CANCELLATION POLICY
- We do not provide refunds for change of mind purchases.
- Any cancellation or refund request will be assessed on a case-by-case basis.
- Refund requests must include proof of purchase showing the date of purchase of the product, a description of the product and the price paid for the product, and must be made in writing to us at firstname.lastname@example.org.
- Nothing in these Terms is intended to exclude or limit your rights as a consumer in accordance with the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law set out in Schedule 2 of this Act (ACL) whereby any refunds or claims in respect of our goods and/or services is limited to the following, at our option, unless otherwise compelled to do so by law or a Court of competent jurisdiction, as follows:
- in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
13. GENERAL DISCLAIMER
- You acknowledge that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding our products other than provided for pursuant to these Terms.
- Use of the Site and any of the products sold on the Site is at your own risk. Everything on the Site, and our Products, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind.
- You acknowledge and agree that each product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those services.
- All possible care has been taken in the preparation of this Online Store. However, specification and particulars in relation to the products referred to in our website are subject to change without prior notice. We will make every effort to ensure a product is accurately depicted on the Site, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Site. We will not be held liable for any errors or omissions.
- We make no representation or guarantee regarding the suitability of our products and services for any particular purpose, other than those guarantees that cannot be excluded under Australian Consumer Law, nor do we assume any liability whatsoever arising out of the application or use of any product. You shall not rely on any data and product specifications provided by us. It is your responsibility to independently determine suitability of any products and to test and verify the same.
- Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond its control, and is not responsible for any delay in delivering its products.
- We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our products and in accordance with this Online Store and further acknowledge and agree that the indemnities under clause 17 are considered reasonable.
- Any testimonials and examples of our products, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results with our products.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- This clause survives the termination of these Terms.
14. COPYRIGHT AND TRADE MARK NOTICES
- All material within this Online Store, or otherwise delivered in connection with our products, including (but not limited to) access to our portal, templates, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
- You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
- The trade marks, logos, and service marks displayed on our Site to denote our brand are the registered or unregistered trade marks of us (Our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
- Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Our Marks without our express written permission.
- You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
- This clause survives the termination of this agreement.
- While we will reasonably endeavour that its Online Store is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free.
- Your access to the Online Store may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control.
- Except as expressly provided otherwise in the Terms, we reserve the right to change or discontinue any Online Store feature or service (or part thereof) on the Online Store at any time.
16. THIRD PARTY LINKS, AFFILIATES & SPONSORS
- As affiliates of certain products and services we may also receive compensation for recommending, endorsing or promoting products and services as featured on our Online Store or in the course of delivering our products and services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those products and services which are not our own.
- We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain products and services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored products and services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted products and services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
- You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against all actions, suits, claims, demands, direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
- your use of our Online Store:
- your use of our products;
- any breach of these Terms by you; and
- the enforcement of these Terms.
- You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.
- We are not responsible, and expressly limit our liability to the extent permitted by Law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Online Store or by engaging with us for our products.
- This clause survives the termination of this agreement.
18. LIABILITY IS LIMITED
- We provide our products and services on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.
- Without limiting the generality of clause 18.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our products and services.
- Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.
- The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by Law, including but not limited to, those rights under the Australian Consumer Law.
- If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.
- Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.
- This clause survives the termination of this agreement.
- If you have breached these Terms or any of the terms and conditions governing the supply of our products and services, we may (at its option, and without limiting the remedies available to it in any way) bar, suspend or terminate your access or use of the Online Store on a permanent or temporary basis.
- If this occurs, you must not access or attempt to access or use the Online Store during the period of your bar, suspension or after termination.
20. NO DISPARAGEMENT
- At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our products and services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.
- Should you breach this clause, you hereby indemnify us in accordance with clause 17 above.
21. FORCE MAJEURE
- We will not be in breach of these Terms or liable to you for any Loss incurred by that other party as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
- If a Force Majeure Event occurs, we will notify the you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
- On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
- The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
- References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
- epidemic, pandemic, health emergencies, disease;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
- the acts, decrees, legislation, regulations or restrictions of any Government Agency;
- however does not include a lack of funds.
- References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
- If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
23. NO ASSIGNMENT
- You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
- We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.
24. BINDING ON SUCCESSORS
- These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
25. DISPUTE RESOLUTION
- If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
- Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
- In the case of claims against us, all notices are to be provided to email@example.com.
- If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
- Once a mediator is appointed, the parties agree that:
- The costs of the mediator shall be borne equally between the disputing parties.
- The chosen mediator shall determine the procedures for mediation.
- The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
- If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
- Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
- This clause survives termination of these Terms.
26. APPLICABLE LAW
- These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the non-exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.
27. CONTACT US
- If you have questions or comments regarding our Online Store or our products and services, please email us at firstname.lastname@example.org. © Progressive Legal Pty Ltd – All legal rights reserved (2021). These Terms were last updated in January 2021.