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T & C

OHANASWIM is committed to providing you with the best possible customer service experience. OHANASWIM is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information

There are many aspects of the site which can be viewed without providing personal information, however, for access to future OHANASWIM customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.

Sharing of your personal information

We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support inquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. OHANASWIM takes reasonable steps to ensure that these organizations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Use of your personal information

For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Changes to this Privacy Policy

OHANASWIM reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.

Accessing Your Personal Information

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. OHANASWIM reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.



TERMS AND CONDITIONS:

About this website

Website Owner = OHANASWIM (ABN (97 537 801 926) (" OHANASWIM ") (Domain name = http://www.ohanaswim.com.au the "website")

About these terms of use

These website terms of use ("terms of use") and the associated Privacy Statement ("privacy policy") govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.

Your access/use implies agreement

The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying that you agree to be bound by these terms.

Modifications to the Terms

OHANASWIM may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.

Modifications to the information

OHANASWIM does not warrant the accuracy, adequacy or completeness of the material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of OHANASWIM.

Errors and problems

OHANASWIM does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.

License and Ownership

The copyright for the content on this website is owned or licensed by OHANASWIM and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of OHANASWIM.

All custom graphics, icons, and other items that appear on the website and all associated trademarks are trademarks of OHANASWIM.

OHANASWIM Privacy Policy

The OHANASWIM privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by OHANASWIM for the purposes of being made available to customers and the general public declaring the company's commitment to the Privacy Act 1988 (Cth) (hereinafter the "Privacy Act") for a company required to comply is available at http://www.yourwebsite.com.au/privacypolicy.

Feedback, suggestions, comments or requests

OHANASWIM does not encourage you to make feedback, suggestions, comments or requests ("comments") but these comments may be made to info@ohanaswim.com.au and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and OHANASWIM is under no obligation to keep such information confidential, and OHANASWIM will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

Outbound links

The website may contain links to third-party websites and resources ("linked sites"). These linked sites are provided solely as a convenience to you and not as an endorsement by OHANASWIM. OHANASWIM makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. OHANASWIM may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the OHANASWIM website.

Inbound links

OHANASWIM generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and OHANASWIM. However, linking to any other page of the website is strictly prohibited, without express written permission from OHANASWIM.

Jurisdiction

The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of New South Wales and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of New South Wales, Australia.

Disclaimer of Warranties

OHANASWIM makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.

Limitation of Liability

If OHANASWIM is found responsible for any damages, OHANASWIM is responsible for actual damages only. In no event shall OHANASWIM, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.

General Conditions of Sale

The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and OHANASWIM with respect to the subject matter hereof.

  1. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
  2. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the OHANASWIM that you are able to make a legally binding contract.
  3. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
  4. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
  5. OHANASWIM reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with OHANASWIM only comes into existence when OHANASWIM forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
  6. This contract shall be governed by and construed in accordance with the law in effect in the State of New South Wales and by entering into contract both parties are accepting the jurisdiction of the courts of the State of [insert Australian State here] in relation to any dispute between them.
  7. You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to OHANASWIM if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by OHANASWIM within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
  8. Ownership and property in the goods supplied/delivered shall pass from OHANASWIM to you when OHANASWIM accepts your offer and assigns product in the OHANASWIM warehouse. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
  9. OHANASWIM shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and OHANASWIM shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within a reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
  10. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify OHANASWIM in respect of any such use. OHANASWIM is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility  to ensure that the goods when used by you are not damaged and no liability will be accepted by OHANA Swim for the consequences of the use of damaged goods by you.
  11. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of OHANASWIM implied by the Goods Act, 1958.