Effective Date: 16 October 2024

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Welcome to Swell Sport! These Terms of Service ("Terms") govern your access and use of our website [swellsport.com.au] (the "Site") and any purchases, services, and activities you engage in through our Site. By accessing or using the Site, you agree to comply with and be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By using our Site, you accept and agree to these Terms in full. If you disagree with any part of these Terms, you must not use our Site or purchase any of our products.

2. Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on this page. Your continued use of the Site after such changes will constitute your acceptance of the new Terms.

3. Eligibility

To use our Site and purchase our products, you must be at least 18 years of age. By using our Site, you confirm that you meet this age requirement and have the legal authority to enter into this agreement.

4. Products and Pricing

All products offered on our Site, including saunas, ice baths, and other recovery equipment, are subject to availability. We reserve the right to discontinue any product at any time without notice. Prices for our products are displayed on the Site and are subject to change at our discretion.

We strive to ensure that all product descriptions, images, and prices are accurate. However, we do not guarantee the complete accuracy of this information, and we reserve the right to correct any errors, inaccuracies, or omissions at any time.

5. Orders and Payment

By placing an order through our Site, you agree to provide accurate and complete information. Once an order is placed, you will receive a confirmation email. This email does not constitute acceptance of your order; it is only a confirmation that we have received it.

We reserve the right to refuse or cancel any order for any reason, including but not limited to inaccuracies in product information or pricing, stock availability, or fraudulent activity. If your order is cancelled, you will be notified, and any payment made will be refunded.

Payments must be made through the payment methods available on our Site. By providing payment details, you confirm that you are authorised to use the chosen method.

6. Shipping and Delivery

We aim to ship your order within the specified timeframe; however, shipping times may vary depending on availability and other factors beyond our control. Once the product is shipped, you will receive tracking information. Swell Sport is not responsible for delays caused by shipping carriers.

You are responsible for ensuring that the delivery address is correct. We are not liable for any failed deliveries due to incorrect or incomplete address information.

7. Returns and Refunds

We want you to be satisfied with your purchase. If you are not happy with a product, you may return it in accordance with our Returns Policy. Please review our Returns Policy on the Site for more information about how to return items and request refunds.

8. Intellectual Property

All content on the Site, including but not limited to text, graphics, images, logos, and product designs, is the property of Swell Sport or its content suppliers and is protected by intellectual property laws. You may not copy, reproduce, distribute, or use any content without our express written consent.

9. Prohibited Activities

You agree not to use the Site for any unlawful purpose or engage in any activity that could harm Swell Sport or other users. Prohibited activities include, but are not limited to:

• Hacking or attempting to breach the Site's security.

• Impersonating another person or entity.

• Using bots or automated systems to scrape or extract content.

• Engaging in fraudulent activities, including payment fraud.

10. Disclaimer of Warranties

Our Site and products are provided on an "as is" and "as available" basis. Swell Sport makes no warranties or representations, express or implied, regarding the Site or the products sold through it. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by law, Swell Sport shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our Site or products. This includes but is not limited to loss of profits, data, or goodwill.

Our total liability to you for any claim arising out of or related to these Terms or the use of our Site or products is limited to the amount you paid for the product in question.

12. Indemnification

You agree to indemnify and hold Swell Sport and its employees, affiliates, and partners harmless from any claims, damages, or losses arising from your use of the Site or violation of these Terms.

13. Governing Law

These Terms are governed by the laws of Western Australia. Any disputes arising under or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Perth, WA.

14. Termination

We reserve the right to terminate or suspend your access to the Site at our discretion, without notice, if we believe you have violated these Terms or engaged in prohibited conduct.

15. Contact Information

If you have any questions or concerns regarding these Terms, please contact us.