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Terms & Conditions

1. Acceptance of Terms of Use and Amendments

Each time you use or cause access to this web site, you agree to be bound by these Terms and Conditions, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

2. Definitions

“UWSC” means and includes UWA West Coast Swimming Club Incorporated (ABN 43 626 534 214), its subsidiaries, members, and their respective directors, officers, members, servants or agents.

“Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with the use of this website, a UWSC Squad Program or a UWSC Product;

“UWSC Squad Program” means the swimming squad training programs being conducted by or on behalf of UWSC and includes activities on land, in swimming pools and in gymnasium facilities.

“UWSC Product” means any products or services purchased using this website other than the UWSC Squad Program.

“Order” means any order for a Product or Products submitted using this website.

“Product” means each good or service that is advertised on this website.

3. Our Service

Our website and services are provided to you on and through our website on an “AS IS” basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

4. Your Responsibilities and Registration Obligations

In order to use this web site, you must register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

5. Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

6. Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

7. Your Conduct

You agree that our web site may expose you to Content that you may find objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:

  1. provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libellous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
  2. impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
  3. collect or harvest any data about other users;
  4. provide or use this web site and any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
  5. provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

8. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Indemnification

In consideration of your use of the service, to the extent permitted by law you:

  1. Release and forever discharge us from all Claims that you may have or may have had but for this release arising from your use of the services, use of this website or participation in the UWSC Training Course; and
  2. Release and indemnify us against any Claim which may be made by you or on your behalf for or in respect of your use of the services, use of this website or participation in the UWSC Training Course whether caused by the negligence or breach of contract by us or in any other manner whatsoever; and
  3. Indemnify and will keep indemnified and hold us harmless to the extent permitted by law in respect of any Claim by any person:
    1. Arising as a result of or in connection with you undertaking the UWSC Training Course; and
    2. Against us in respect of any injury, loss or damage arising out of or in connection with your failure to comply with the rules or directions of UWSC (or any authorised person), save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of UWSC.

10. Disclaimer of Warranties

You understand and agree that your use of this web site and any services or content provided is made available and provided to you at your own risk. it is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. you understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. Limitation of Liability

You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for personal injury, loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of:

(i)the use of or the inability to use the service;

(ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service;

(iii) unauthorized access to or alteration of your data transmissions;

(iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

12. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

13. Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted via the following email address: info@uwawestcoast.org

14. Applicable Law

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with the applicable law in the jurisdiction of Western Australia.

15. Miscellaneous Information

  1. In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;
  2. The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;
  3. You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
  4. We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

16. Consent

By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.

17. Order for UWSC Squad Program

Placing an Order for the UWSC Squad Program you agree to be bound by the UWSC Squad Program Terms and Conditions which can be accessed with the following link – https://shop.uwawestcoast.org/squad-program-terms-conditions/

18. Order for UWSC Products

You may order UWSC Products by selecting and submitting your Order through this website in accordance with these terms and conditions.

Any Order placed through this Site for a UWSC Product is an offer by you to purchase the particular UWSC Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.

We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through this website. You agree to provide us with current, complete and accurate details when asked to do so by this website

19. Acceptance or rejection of an Order for UWSC Products

We reserve the right to accept or reject your Order for any reason, including if the requested UWSC Product is not available, if there is an error in the price or the UWSC Product description posted on this website or an error in your Order.

Each Order placed for UWSC Products through this website that we accept results in a separate binding agreement between you and us for the supply of those UWSC Products. For each Order accepted by us, we will supply the UWSC Products in that Order to you in accordance with these terms and conditions.

If we reject an Order placed through this website, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.

20. Risk and Title

Risk in the Products passes to you on the date and time of delivery to you. Title to the Products passes to you on the later of the date and time of:

(a) payment for those Products; and

(b) delivery of those Products to you.