Terms of Use

1. General

(a) These are the Terms and Conditions of sale of Swimming Australia Limited (ABN 14 109 333 628) (SA) in relation to SwimTV.

(b) SwimTV is a video on demand service that provides customers with live and recorded swimming content (Swim Content) for streaming or temporary download over the internet to certain connected devices (Acceptable Device). A list of Acceptable Devices is here and may be updated by SA from time to time.

Supported browsers & devices:

· PC (Win 10) Chrome (latest version) Full screen

· PC (Win 10) Firefox (latest version) Full screen

· PC (Win 10) Edge (latest version) Full screen

· MAC (OSX) Safari (latest version) Full screen

· iPad Air 2 and above (iOS) Safari (latest version) Vertical & Horizontal view/orientation

· Galaxy S5 and above (Android) Chrome (latest version) Vertical & Horizontal view/orientation

· Google Pixel 3 and above (Android) Chrome (latest version) Vertical & Horizontal view/orientation

· iPhone 6S and above (iOS) Safari (latest version) Vertical & Horizontal view/orientation

(c) These Terms and Conditions will apply to all purchases of Swim Content (Purchase) made online through the SwimTV website and/or app (if available) (SwimTV Platform).

(d) By making a Purchase, you agree to be unconditionally bound by these Terms and Conditions and acknowledge that you have read and understood these Terms and Conditions.

2. Your Account

(a) If you use a SwimTV Platform to make a Purchase, you agree to:

(i) create an account (Account) and insert the necessary personal information for SA to administer your account;

(ii) maintain the confidentiality of the user name and password of your Account;

(iii) keep your Account details, including user name and password, safe; and

(iv) prevent unauthorised access to your Account.

(b) You must inform SA immediately if you have reason to believe that your Account is being, or is likely to be, used in an unauthorised manner.

(c) You agree to release and indemnify SA in connection with any use (whether authorised or unauthorised) of your Account.

(d) SA will take reasonable care in ensuring the SwimTV Platforms are free from viruses or other dangerous content, however, it cannot guarantee that use of the SwimTV Platforms will not cause damage to your Acceptable Devices. It is your responsibility to ensure you have appropriate equipment and anti-virus software on your Acceptable Devices to use the SwimTV Platforms safely.

(e) SA reserves the right to terminate your access to your Account or the SwimTV Platforms if SA reasonably believes that you have breached these Terms and Conditions.

3. Purchases

(a) All Purchases are subject to confirmation and acceptance by SA.

(b) When SA accepts a Purchase, it represents an agreement by SA to supply the Swim Content in accordance with the Purchase and these Terms and Conditions.

(c) SA reserves the right to terminate your Account or accept or reject a Purchase at its discretion. (d) If SA rejects a Purchase under clause 3(c) above, it will do so without charge to you and it will refund any money paid in respect of the attempted Purchase.

(e) In making a Purchase, you agree that you have not engaged in any fraudulent conduct or contravened any law.

4. Price and payment

(a) Prices are displayed in Australian dollars inclusive of GST) and you must pay for the Swim Content in Australian dollars.

(b) Prices displayed are subject to change by SA without notice. Prices for a Purchase are fixed once the Purchase has been confirmed and accepted.

(c) In respect of any Purchase, SA will charge you, and you agree to pay:

(i) the price displayed (Price); and

(ii) if applicable, any administrative or handling fee displayed at the time of purchase (Administrative Fee).

(d) All Purchases must be by way of credit or debit card acceptable to SA. You must provide your nominated credit or debit card details during the purchase process described on the SwimTV Platform. SA is unable to accept cash or any other payment method.

(e) Once the Purchase has been accepted, SA will process payment for the Swim Content (plus any Administrative Fees) using your nominated credit or debit card.

(f) All reasonable steps are taken to ensure that the Purchase and credit or debit card details provided by you to SA are safe and secure.

(g) All personal and credit or debit card information provided by you to SA is encoded using Secure Sockets Layer technology through our payment gateway partner, Stripe, for security and authentication. While SA takes all reasonable precautions, the security of the transaction cannot be absolutely guaranteed.

(h) You authorise SA to debit the Price plus the Administrative Fees (if any) from your nominated credit or debit card.

(i) SA will not grant you access to the Swim Content until payment is cleared. If the payment cannot be processed, the Purchase will be rejected in accordance with these Terms and Conditions and you will be notified.

5. Vouchers

(a) In lieu of payment of the Price and any Administrative Fee, a Purchase may be made using an SA-approved single use voucher (Voucher).

(b) Vouchers may have expiry dates following which they become invalid, and it is your responsibility to know the prescribed expiry date of a particular Voucher.

6. Usage

(a) The Swim Content is for your personal, non-commercial use only.

(b) You must only use and view the Swim Content in accordance with SA’s reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.

(c) In exchange for making a Purchase, SA grants you a non-exclusive, personal and non-transferable licence to view the Purchased Swim Content on an Acceptable Device through the SwimTV Platform.

(d) Except for the licence granted above, all rights in the Swim Content are otherwise reserved by SA.

(e) You must not archive, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale or use (except as expressly authorised in these Terms and Conditions) the Swim Content.

(f) You are responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using the SwimTV Platforms on your Acceptable Device.

(g) SA makes no warranties or representations about the quality of your viewing experience when viewing the Swim Content, which is based on factors such as your internet speed, bandwidth, device and location.

(h) From time to time you may be required to update your software or the version of the SwimTV Platform in use to continue Purchasing Swim Content.

(i) SA may undertake maintenance of the SwimTV Platforms from time to time.

7. Cancellation

(a) You may cancel your Account at any time. You will not receive a refund of any Price or other amounts already paid to SA when you cancel.

(b) SA may cancel these Terms and Conditions or your Account at any time, following which you will be able to access any Swim Content you have Purchased but not yet viewed.

(c) SA may suspend, restrict or cancel your Account or access to a SwimTV Platform:

(i) where reasonably necessary for security, technical, copyright, anti-piracy or operational reasons;

(ii) if you breach these Terms and Conditions;

(iii) if you use the Swim Content or SwimTV Platform other than for private, non-commercial use; or

(iv) if you have committed any illegal or fraudulent activity or there is unauthorised access to your Account.

8. Intellectual Property

(a) All intellectual property rights in the Swim Content is owned or licensed by SA.

(b) If you are permitted to post or upload content or material to your Account, you:

(i) must not post anything illegal, obscene, threatening, defamatory or which infringes any third party’s rights including intellectual property rights; and

(ii) grant SA, by posting such content, a non-exclusive, perpetual, irrevocable, royalty-free licence to use, copy, display, sublicence, modify, adapt and communicate such material.

9. Limitation of Liability

(a) To the extent permitted by law: (a) the Swim Content is provided ‘as is’ and SA makes no representation as to the Swim Content’s merchantability or fitness for purpose; and (b) SA excludes all conditions or warranties which would otherwise be implied into these Terms and Conditions whether by law, statute or otherwise.

(b) To the extent permitted by law and notwithstanding anything else in these Terms and Conditions, SA’s total aggregate liability to you under or in relation to the Terms and Conditions on any other grounds whatsoever whether in contract, tort, (including negligence) or under statute, common law or in equity or otherwise will not exceed an amount equal to the total Price paid by you under the Terms and Conditions to SA for particular Swim Content.

(c) To the extent permitted by law, SA’s liability for a breach of any and all terms implied into these Terms and Conditions or otherwise conferred on you by statute or law including, but not limited to, the Competition and Consumer Act 2010 (Cth), is excluded, but to the extent that such liability cannot be excluded, is limited to one or more of the following, as determined by SA: the resupply of the Swim Content, or the payment of the cost of resupplying equivalent services.

(d) SA is not liable for any loss resulting from the interception or hacking of data through the SwimTV Platforms by unauthorised third parties.

(e) SA is not liable for any direct or consequential loss. Nothing in these Terms and Conditions is intended to limit or exclude any liability on SA’s part where or to the extent that applicable law prohibits such exclusion or limitation.

10. Privacy

(a) Personal information provided by you when creating an Account or making a Purchase from SA is necessary for administration of your Account, management of the SwimTV Platforms and supply of the Swim Content and is collected in accordance with SA’s Privacy Policy. If you do not wish to provide personal information SA will not be able to create your Account, provide you with access to the SwimTV Platforms or supply you with Swim Content.

(b) SA may use or disclose your personal information for the purposes of:

(i) administering your Account, the SwimTV Platforms and supplying you with Swim Content;

(ii) providing you with information or promotional material; and/or

(iii) otherwise in accordance with SA’s Privacy Policy.

(c) SA may share your personal information with third parties such as other commercial operators or providers of goods/services, companies engaged by SA to carry out functions and activities on its behalf including direct marketing, SA’s professional advisers, including its accountants, auditors and lawyers and SA’s insurers. Outside of the above, information is not generally disclosed to anyone outside Australia.

(d) SA’s Privacy Policy contains information about how you may access, and request correction of your personal information held by SA or make a complaint about the handling of your personal information and provides information about how SA will deal with a complaint.

(e) If you do not wish to receive promotional material from SA’s sponsors or other third parties you must advise SA in writing or via the opt-out procedures in the relevant communication.

(f) You have certain rights to access your personal information held by SA and can request access by contacting SA’s Privacy Officer at support@swimtv.com.au or +61 3 9910 0700.

11. Amendments

(a) SA may change these Terms and Conditions from time to time without prior warning.

(b) The Terms and Conditions which appear on the SwimTV Platforms at the time you make a Purchase are those that apply to the Purchase.

(c) It is your responsibility to read and understand the Terms and Conditions that are in place each time you make a Purchase through the SwimTV Platforms.

12. Events beyond SA’s control

(a) SA will not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause that is beyond its reasonable control.

13. Governing Law and Terms

(a) These Terms and Conditions are governed by the laws of Victoria and the courts of Victoria shall have the exclusive jurisdiction to resolve any disputes arising out of or under them.

(b) These Terms and Conditions, including:

(i) your Account details;

(ii) the SA Privacy Policy; and (iii) the collection statement in clause 10, contain all the provisions of the agreement between you and SA in relation to your purchase of Swim Content from the SwimTV Platforms.

14. General

(a) SA may transfer any of its rights and obligations under these Terms and Conditions to any person or body corporate, provided such transfer does not detrimentally affect your rights under these Terms and Conditions.

(b) You must not transfer any or all your rights and obligations under these Terms and Conditions to another person.