Terms and Conditions

1. HealthySwim will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
2. You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
3. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
4. Additionally, we may also collect any other information you provide while interacting with us.

1. HealthySwim collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
2. By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

1. HealthySwim may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
2. HealthySwim will use personal information only for the purposes that you consent to. This may include to:
   (i) provide you with products and services during the usual course of our business activities;
   (ii) administer our business activities;
   (iii) manage, research and develop our products and services;
   (iv) provide you with information about our products and services;
   (v) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
   (vi) investigate any complaints.
3. If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
4. We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

1. HealthySwim may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
2. If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.

1. If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. HealthySwim complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU
2. Except as otherwise provided in the GDPR, you have the following rights:
   (i) to be informed how your personal information is being used;
   (ii) access your personal information (we will provide you with a free copy of it);
   (iii) to correct your personal information if it is inaccurate or incomplete;
   (iv) to delete your personal information (also known as “the right to be forgotten”);
   (v) to restrict processing of your personal information;
   (vi) to retain and reuse your personal information for your own purposes;
   (vii) to object to your personal information being used; and
   (viii) to object against automated decision making and profiling.
3. Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
4. We may ask you to verify your identity before acting on any of your requests.

1. Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia.
2. We and our other group companies have offices and/or facilities in Australia. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from HealthySwim’s Data Protection Officer.
3. The hosting facilities for our website are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from HealthySwim’s Data Protection Officer.
4. Our Suppliers and Contractors are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from HealthySwim’s Data Protection Officer.
5. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

1. HealthySwim is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
2. Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
3. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at support@heathyswi.com.au.
2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.

If you have any complaints about our privacy practices, please feel free to send in details of your complaints to support@healthyswim.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

1. When you visit our website
   When you come to our website (www.healthyswim.com.au), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
2. Cookies
   We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.
3. Third party sites
   Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that HealthySwim is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by HealthySwim in the user interface.

1. (a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
   (i) Email address
   (ii) Preferred username
   (iii) Mailing address
   (iv) Telephone number
   (v) Password
   (vi) Equipment serial number
   (vii) Business address
   (viii) Business name
   (ix) Employer name
2. You warrant that any information you give to HealthySwim in the course of completing the registration process will always be accurate, correct and up to date.
3. Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
4. You may not use the Purchase Services and may not accept the Terms if:
   (a) you are not of legal age to form a binding contract with HealthySwim; or
   (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

1. (a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
   (i) the Terms;
   (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
   (iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
   (iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify HealthySwim of any unauthorised use of your password or email address or any breach of security of which you have become aware;
   (v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of HealthySwim providing the Purchase Services;
   (vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
   (vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by HealthySwim for any illegal or unauthorised use of the Website; and
   (viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product or Service (the ‘Purchase Price’).
2. Payment of the Purchase Price may be made through Stripe (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3. Following payment of the Purchase Price being confirmed by HealthySwim, you will be issued with a receipt to confirm that the payment has been received and HealthySwim may record your purchase details for future use.
4. HealthySwim may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

1. HealthySwim’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty ‘).
2. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within the Specific Products Warranty Period from the date of purchase (the ‘Warranty Period’).
3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to HealthySwim showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to HealthySwim at Unit 23C 42 Bundall Road, Bundall, Queensland, 4217 or by email at support@healthyswim.com.au.
4. Where the Warranty Claim is accepted then HealthySwim will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
5. The Warranty shall be the sole and exclusive warranty granted by HealthySwim and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

1. You acknowledge that the Purchase Services offered by HealthySwim integrate delivery (the ‘Delivery Services’) through the use of third-party delivery companies (the ‘Delivery Service Providers’).
2. In providing the Purchase Services, HealthySwim may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. HealthySwim does not offer insurance for standard delivery, unless requested in writing by you. You acknowledge and agree that HealthySwim is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
3. In the event that an item is lost or damaged in the course of the Delivery Services, HealthySwim asks that you:
   (i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
   (ii) contact us by sending an email to support@healthyswim.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

1. The Website, the Purchase Services and all of the related products and services of HealthySwim are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by HealthySwim or its contributors.
2. HealthySwim retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
   (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of HealthySwim; or
   (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
   (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
3. You may not, without the prior written permission of HealthySwim and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content (including downloadable) or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

HealthySwim takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to HealthySwim’s Privacy Policy, which is available on the Website.

1. You acknowledge that HealthySwim does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
2. HealthySwim will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
3. 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.
4. (d) Subject to this clause, and to the extent permitted by law:
   (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
   (ii) HealthySwim will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5. Use of the Website, the Purchase Services, and any of the products of HealthySwim (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of HealthySwim, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, advisors, employees, agents, contributors, third party content providers or licensors of HealthySwim including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or service or Purchase Services (including the products or Purchase Services of HealthySwim) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
   (i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
   (ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
   (iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
   (iv) the Content or operation in respect to links which are provided for the User’s convenience;
   (v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
   (vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

1. HealthySwim’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of HealthySwim is the resupply of information or Purchase Services to you.
2. You expressly understand and agree that HealthySwim, its affiliates, employees, agents, advisors, ocontributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. HealthySwim is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of HealthySwim, by third parties or by any of the Purchase Services offered by HealthySwim.
4. You acknowledge that HealthySwim does not provide the Delivery Services to you and you agree that HealthySwim will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

1. The Terms will continue to apply until terminated by either you or by HealthySwim as set out below.
2. If you want to terminate the Terms, you may do so by:
   (i) notifying HealthySwim at any time; and
   (ii) closing your accounts for all of the Purchase Services which you use, where HealthySwim has made this option available to you.
3. Your notice should be sent, in writing, to HealthySwim via the ‘Contact Us’ link on our homepage.
4. HealthySwim may at any time, terminate the Terms with you if:
   (i) you have breached any provision of the Terms or intend to breach any provision;
   (ii) Non-payment of product or service or Purchase Service.
   (iii) HealthySwim is required to do so by law;
   (iv) the partner with whom HealthySwim offered the Purchase Services to you has terminated its relationship with HealthySwim or ceased to offer the Purchase Services to you;
   (v) HealthySwim is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
   (vi) the provision of the Purchase Services to you by HealthySwim is, in the opinion of HealthySwim, no longer commercially viable.
5. Subject to local applicable laws, HealthySwim reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts HealthySwim’s name or reputation or violates the rights of those of another party.
6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and HealthySwim have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

1. You agree to indemnify HealthySwim, its affiliates, employees, agents, advisors, contributors, third party content providers and licensors from and against:
   (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
   (ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
   (iii) any breach of the Terms.

1. Compulsory:
   If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. Notice:
   A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution:
   On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties ‘) must:
   (i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
   (ii) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
   (iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
   (iv) The mediation will be held in Brisbane, Australia.
4. Confidential:
   All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
5. Termination of Mediation:
   If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

The Purchase Services offered by HealthySwim is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Healthy Swim Australia Pty Ltd (“HealthySwim”) may receive compensation for recommendations made in reference to the products or services on www.healthyswim.com.au. Where required, we adhere to ACCC guidelines.

This compensation may be in the form of money, services, products, discounts, or special access and could exist without any action from a website visitor. Should you purchase a product or service from a recommended supplier on www.healthyswim.com.au, it is understood that some form of compensation may be made to HealthySwim by the suppliers of that product or service.

This Affiliate Disclosure has been provided for your protection and to fully disclose any relationship between HealthySwim and the suppliers of any products or services referenced on the HealthySwim website.

All care is taken in the preparation of the information and published materials on this site. Healthy Swim Australia Pty Ltd (‘HealthySwim’) does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, HealthySwim will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

This site may contain hypertext links, frames or other references to other parties and their websites. HealthySwim cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites.
HealthySwim do not necessarily approve of, endorse, or sponsor any content or material on such sites. HealthySwim make no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

HealthySwim are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites.

If you have any concerns regarding the content of the Website, please contact HealthySwim.