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TERMS

WEBSITE TERMS OF USE

This website is owned and operated by Seamone Swimwear Pty Ltd (ABN:41 091 094 774). These Terms govern the use of the seamone.com website ("site"), the information contained therein and products and information made available to you via this site. By accessing or using this site in any manner, you agree to be bound by these Terms and conditions. Please re-read our Terms and also our Privacy Policy, Shipping Policy and Returns Policy before any subsequent use of this site. These Terms and conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the nonexclusive jurisdiction of the courts of Australia. Conditions of use are subject to Australian law which governs this user agreement. These Terms of use govern the user of the Seamone Swimwear website ("Site"), the materials and the information contained therein and related services made available to you via this Site. By accessing or using this site in any manner, you agree to be bound by these Terms of use. If you do not agree to these Terms of use, please do not visit or use the site. We do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances beyond of our control.

INFORMATION ON WEBSITE

Seamone aims to keep content up-to-date and as accurate as possible. Seamone makes no representation, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of the information contained in the website. Seamone does not accept responsibility for any errors or omissions in the site content. Seamone will be happy to correct any errors displayed on our webpages that are bought to our attention. Seamone reserves the right to change or discontinue any aspect or feature of this website. Seamone does not accept any liability for any loss or damage suffered (directly or indirectly) by making use of the site’s information. Nor can we guarantee that pages will display correctly in all web browsers or that the website will be online at all times. Seamone cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may happen when accessing this website. The materials and information provided on this site and related communications are provided on an "as is" basis. Seamone assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this site. Any reference to products or services featured on this site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Seamone, unless stated.

OUR LIABILITY

Subject to any non-excludable provisions of the Act, Seamone Swimwear disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this site, or offered for sale on this site by any Third Party. In particular, Seamone Swimwear will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for the loss of profits, goodwill, use, data or other intangible losses (even if Seamone has been advised of such damages), resulting from use of the site, content or related services. Product information in relation to products referred to in this site has been provided by the respective manufacturers of the relevant products. Product information and illustrations is published with the permission of the relevant manufacturer and/or owner of that product. Seamone Swimwear shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of Seamone, and Seamone shall be entitled to a reasonable extension of time for the performance of such obligations. You agree to indemnity and hold Seamone Swimwear (and it’s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any demand or claim, including reasonable solicitor’s fees, arising out of or related to your breach of these Terms of use or your violation of any law or the rights of a Third Party.

COPYRIGHT

You must comply with all proprietary and copyright notices on this site. This website is owned by Seamone Swimwear, and is subject to copyright. The information on this site is protected under Australian Copyright Laws. All trademarks, logos, brands and names appearing on this site are the property of their respective owners. Nothing contained on this site should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the site without the express written permission of Seamone Swimwear or third party owner. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:

  • Copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this site.
  • Alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this site which can be accessed through this site.
  • Use or apply, for commercial purposes any material or information on this site, without the prior written consent of Seamone Swimwear.
    LEGAL CAPACITY TO TRANSACT 

    If you are under the age eighteen (18) years you cannot place orders with Seamone Swimwear unless with the consent of a parent or guardian. By accepting these Terms and conditions you acknowledge that you are over the age of eighteen (18) years or, in the case that you are not over 18, you have the consent of a parent or guardian. Should Seamone Swimwear suffer any damage or other losses as a result of a transaction entered into by a minor, Seamone Swimwear reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Seamone Swimwear. 

    YOUR ACCOUNT 

    You may be required to register to use some of the features on this Site. Seamone Swimwear may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of this information change, please amend your details, or notify us immediately. These Terms of use are effective until terminated by Seamone Swimwear and may terminate this agreement and your access to the site at any time without notice. In the event of termination, you are no longer authorised to access the site, but all restrictions imposed on you and all disclaimers and limitations of liability that are set out in the Terms of use will survive.

    YOUR ACTIVITY

    You use this site at your sole risk. You agree that you will be personally responsible for your use of this site and for all of your communication and activity on this site. We reserve the right to deny you access to this site, or any part of this site, at any time without notice. If we determine, in our sole discretion, that you have engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of use. The content and information on this site as well as the infrastructure used to provide such consent and information is proprietary to us. You agree not to modify, copy, distribute, transmit, display, reproduce, publish, licence, create derivative works from, transfer, sell or resell any information, software, products or services obtained from or through this Site. You may also not use this site or its contents for any commercial purpose. We may deny you access to this site on a temporary or permanent basis and any decision to do so is final. In consideration of your use of all Seamone offers, discounts and promotions, you hereby represent that you are of legal age and agree to provide true, accurate and current information about yourself as prompted through the site’s registration. If you do provide details that are untrue, inaccurate, not current or complete, Seamone has the right to suspend or terminate your account and refuse all current or future use of the site. If you use the site you are entirely responsible for maintaining the confidentiality of your access including but not limited to, your account registration, password and restricting access for any person other than yourself, to your computer. You agree that you accept responsibility for any and all activity that occurs under use of your account and password. As a strict security measure, we advise you to exit your account after each use to avoid unauthorized use. Seamone Swimwear reserves the right to terminate, refuse service, or remove or edit content at its sole discretion.

    PRIVACY POLICY

    It is your responsibility to read and familiarise yourself with the our full Privacy Policy located in the footer. You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect Seamone Swimwear. or its users. We will also share your personal data with relevant companies and organisations to the extent necessary for us to perform credit checks and you hereby consent to us so doing. Whilst Seamone Swimwear employs the latest in secure sockets layer (ssl) software technology for its transactions with our customers, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner. 

    LINKS AND THIRD PARTIES

    The site may contain hyperlinks to websites operated by third parties ("Third Party Sites"). Such links are provided for your convenience. Unless otherwise indicated, Seamone Swimwear does not control Third Party Sites and is not responsible for their content. For the avoidance of doubt, Seamone Swimwear makes no representations or warranties about any Third Party Site which you elect to access through this site. Third Party Sites are not under the control of Seamone, and Seamone is not responsible for the accuracy of any information on any Third Party Site. You must take your own precautions to ensure that a Third Party Site that you access by link from this site is free from viruses, worms and other material of a destructive nature.

    IN GENERAL

    If any of these conditions are deemed invalid, void or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Seamone Swimwear may offer special promotional offers, which may or may not apply to your account. You agree to be bound by any additional Terms of use for these special offers. Headings are for reference purposes only and do not limit the scope or context of such section. Seamone Swimwear does not guarantee it will take action against all breaches of these Terms of use. Except as otherwise expressly provided in these Terms of use there shall be no third-party beneficiaries to this these Terms of use. These Terms of use constitute the entire agreement between you and Seamone Swimwear and governs your use of the site, superseding any prior agreements between you and Seamone Swimwear with respect to the site. Seamone Swimwear, may make changes to these Terms from time to time, without notice to you. The up-to-date version of our Terms is on our website. We may use your personal information in order to provide you with information about products and services that may be of interest to you. You may opt out of receiving this information at any time by contacting us via email at customerservice@seamone.com.au.

    QUESTIONS AND COMPLAINTS

    If you have any questions, concerns in regards to our site, products or complaints about the way in which we have handled your personal information you may contact us at customerservice@seamone.com.au and we will respond to all complaints as soon as possible. Thank you for your patience.