Terms of Service (Terms and Conditions)
This Terms of Use Agreement (the “Agreement”) apply to and use of the website of Andavi Swim Pty Ltd A.C.N. 643 524 456 A.B.N. 22 643 542 456 at mailing address PO Box 139, Elanora QLD 4221 (the "Company," "we," "us" and "our") under the domain name andaviswim.com (the “Website”) and all websites that refer or link to this Agreement and any correspondence by e-mail or webmail between us and you.
In this Agreement, “you” means the individual accessing or using our Website (and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer or the entity that is engaging you). By using the Website, you agree to be bound by all the terms and conditions contained in this Agreement and any and all rules, guidelines and directions found throughout the Website, regardless of whether or not you are registered with us. If you do not agree to the terms of this Agreement, you must not use or access our Website. If you violate any of the terms of this Agreement, we may terminate your right to use and access our Website.
Please read this Agreement carefully. This Agreement applies to all users of our Website, including users who are viewers of material on the Website and users who are either registered or not registered for the Website.
CONSENT
By using the Website you also represent that you are at least 18 years old or have your parent or guardian’s consent to use the Website. We do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us. You may not use or register for our Website if you are under the age of 18 unless you have the consent of a parent or guardian.
In addition, when you use any current or future version of the Website, you will be subject to the terms and conditions of this Agreement. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement
PRIVACY
Please review our privacy policy which governs the Website in order to understand how it is applied. The terms and conditions of our Privacy Policy form part of the Agreement.
PRICING AND AVAILABILITY
All prices are shown in AUD and will be charged in AUD.
We list products for sale on the Website as indicated. Whilst we use our best endeavours to fulfil such orders, we cannot be held responsible if the products are not available at a given point in time. It is further noted that dispatch times indicated on our website are a guide only and cannot guarantee dispatch times and should not be relied upon as such.
RETURNS, EXCHANGES AND REFUNDS
Please review our Returns Policy here
Please review our Exchanges Policy here
Please review our Refunds Policy here
The above policies also govern your visit to the Website as applicable. The terms and conditions of these Policies form part of the Agreement.
COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY RIGHT
Material appearing on the Website is subject to copyright vested in Andavi Swim Pty Ltd or, unless otherwise stated, third parties. All content on the Website is protected by the Australian Copyright Act 1968 (Cth) and International copyright and other intellectual property laws. You may not do anything which interferes with or breaches our entitlement or those laws or the intellectual property rights in the content.
Any use of the content on the Website is not permitted without the copyright or trademark owners’ permission.
Your use of the content on the Website does not grant or transfer any rights, title or interest in the material. Except for the purposes permitted under the Copyright Act 1968 (Cth), you must not use, copy, modify, transmit, store, publish or distribute the content on the Website or any part without express written permission. All other rights are reserved.
Our logo is a trademark of Andavi Swim Pty Ltd. Nothing displayed on the Website should be construed as granting any licence, title or interest or right to use, reproduce or adapt the logo without express written permission from us.
Requests and inquiries should be addressed to info@andaviswim.com
OWNER OF THE WEBSITE
The Website is operated and maintained by us. Its contents (including all information, data, text, graphics, images, software, advertisements and other material on the Website (“Content”) are the property of Andavi Swim Pty Ltd unless otherwise stated, and nothing operates to transfer ownership of any of the Content to any user of the site.
Our contact details are:
Email: info@andaviswim.com
Postal Address: PO Box 139, Elanora QLD 4221
SOCIAL MEDIA TERMS OF USE
We post content via social media channels—including, but not limited to Facebook, Instagram, Pinterest, LinkedIn, Twitter and Youtube (the “Channels”). It is a condition of use that you follow the Agreement when interacting with or commenting on the Channels, and by making any comment or interacting, you acknowledge and accept the Agreement.
We reserve the right to moderate all content and remove information or language considered offensive and to block users who violate the Agreement. Any comments or other content posted on any of our social media pages or accounts in contravention or breach of the Agreement may be removed by us and/or our administrator.
LICENSE AND SITE ACCESS
We grant you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with our express written permission. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written permission. You may not frame or use framing techniques to enclose any of our trade mark, logo, or other proprietary information (including images, text, page layout, or form) related bodies corporate, licensors or licensees without our express written consent. You may not use meta tags or any other hidden text using our brand name or trade marks without our express written consent. Any unauthorized use will immediately terminate the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by us in our sole discretion. You may not use our logo or other proprietary graphic or trade mark as part of the link without our express written permission. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by "deep linking," or otherwise, without our prior written permission.
YOUR RESPONSIBILITIES
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from us. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by the Agreement. All information that you provide in connection with any interaction with the Website or any co-branded Website must be accurate, complete, and current.
You must not restrict, inhibit or interfere with any other user’s use or enjoyment of the Website or use the Website to distribute, transmit or link to any content or material which contains a virus or other harmful or malicious software.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Website; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
PAYMENT AND CONDITIONS OF SALE
Payment is accepted by means of the payment types available on the Website.
It is agreed at the time you place an order that it is your intention to enter into a contract with us. When you place an order to purchase a product from us, we will send you an email confirming receipt and details of your order.
Our acceptance of this offer to purchase will be at the time we dispatch that product to you and a confirming email in this regard is sent. The acceptance will only be complete at this time.
GOVERNING LAW
The terms and conditions of the Agreement shall be governed by and interpreted in accordance with the laws of Queensland, Australia.