TERMS & CONDITIONS

Please read these terms and conditions prior to using this website. This website (www.ljswim.com.au) is owned and operated by ABN 13 659 404 225.

The terms ‘we’ or ‘our’ or ‘us’ refer to LJ Swim, the owner of the website. The term ‘you’ or ‘your’ refers to the website user.

Please read these terms and conditions together with our Privacy Policy as it sets out your important rights and obligations in relation to:

  1. the use of this website
  2. all services and products provided through this website.

Should you not agree with these terms and conditions and our Privacy Policy in their entirety, you must not use this website.

  1. Your use of this website
    • By using this website and using our services or purchasing our products, you agree to have read these terms and conditions and all related documents, and you agree to be bound by the terms and conditions contained within.
    • The content of this website is for your general information and use only. 
  1. Variation
    • We reserve our rights to amend this website and these terms and conditions at any given time by posting any changes at this website without prior notice to you.
    • The new provisions of any updated terms and conditions will apply from the date that they are updated.
    • By continuing to access and use this website, you will be deemed to have agreed to any changes made or updates to these terms and conditions.

  2. Disclaimer
    • The information contained on this website is provided by us in good faith and, to the best of our knowledge, the information is accurate and current.
    • Whilst every reasonable care is taken by us, the website may contain errors and inaccuracies and may not be complete and current. We make no representations, guarantees or warranties of any kind, express or implied, as to the operation of this website, including the website content and materials, except as otherwise provided, and then only to the minimum extent required under applicable laws.
    • You are solely responsible for any results you obtain from using the information on this website.
    • You acknowledge and agree that no information or advice provided by us, including that contained on this website, constitutes in any way to be health, medical or professional advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website.
    • This disclaimer applies, to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of this website or the services on this website.

  3. Copyright and intellectual property
    • We own the intellectual property rights in all of the content and material provided on this website or we have permission to use or display the material on this website.
    • Except where necessary for viewing the material on this website or to the extent permitted under these terms and conditions, the Australian Copyright Act 1968 (Cth) or other applicable laws, you may not use, copy, display, distribute, modify, reformat, translate, incorporate into advertisements or other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.
    • If you would like to request permission to reproduce any of the contents of this website, please email hello@ljswim.com.au.
    • Other images and item descriptions owned by third parties may be posted on this website from time to time and are the responsibility of those third parties and may be subject to copyright.
    • You must seek permission from the relevant third-party owner before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.

  4. Personal use only
    • You may access or download material from the website for your personal use only.
    • Sharing any intellectual property or copyright material from this website for commercial use of any sort without permission is expressly prohibited.
    • You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
    • Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.

  5. No unlawful or prohibited use
    • By using this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.
    • You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website.
    • You agree not to access areas of this website that are not intentionally made available to you.
    • You expressly agree not to:
    • engage in any internal or external spamming, or other similar actions
    • engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions
    • decompile, reverse engineer, or try to copy or imitate this website or underlying content
    • use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
    • use data collected from the website for any direct marketing activity (including without limitation email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).
    • use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes.
    • You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.

    1. Copyright infringement

    If you believe you own the copyright in an work displayed on this website without your permission or there is material on our website that infringes third party intellectual property rights, please email hello@ljswim.com.au for the matter to be investigated.

    1. Cookies
      • This website uses cookies to provide us with site usage information and to monitor browsing preferences.
      • By using our website or by agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

    2. Third-party links
      • This website may contain links to other third-party websites which are not controlled by us. We have no control and take no responsibility for the nature, content and availability of those third-party websites.
      • You access those sites and/or use those sites solely at your own risk.
      • Third-party links on our website are provided solely for your convenience and do not indicate, expressly or impliedly, that we recommend or endorse the websites.
    1. Website security
      • We make every reasonable effort to maintain the security of this website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.
      • We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.
      • This website is managed by third-party services; therefore, the website may be inaccessible from time to time.

    2. Limitation of Liability
      • Subject to any non-excludable liability (including under Australian Consumer Laws) and the express provisions of these terms and conditions, we will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, including but not limited to damages for loss of profits, business interruption, the loss of data or information, or damages for product liability, personal injury, in tort, in contract, under statute or otherwise, howsoever caused.
      • Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services or products again, or the supply of equivalent goods, or to a refund equal to the total amount paid by you for the particular services or products that are the subject of the cause of action, even if those services were provided to you without cost.
      • To the extent permitted by law, our liability for loss or damage of any kind will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
      • This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

    3. Indemnity

    You agree to indemnify and defend us (including our related companies and our and their directors, officers, employees, agents and contractors) from any claims, loss, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

    • your unauthorised use of this website, or products or services included or advertised on this website
    • your breach of these Terms of Use.
    1. Applicable law
      • These terms and conditions are governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction of courts within Queensland, in all disputes arising out of or relating to the use of this website.
      • You may provide notice to us through the contact us page or otherwise by email addressed hello@ljswim.com.au.
      • We may provide notice to you via email or other electronic means.
      • Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.
    1. Relationship

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and LJ Swim as a result of these terms and conditions or use of this website.

    1. Validity
      • If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to an applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
      • These terms and conditions together with our Privacy Policy form the entire agreement between you and LJ Swim.

    2. Questions, feedback, comments or complaints

    If you have any questions, please email hello@ljswim.com.au. We will endeavour to respond to all inquiries within three business days.