Terms and Conditions

This document (Terms and Conditions) covers the Terms and Conditions in relation to use of the products, website and social media platforms operated by C.T. York & T.N. York T/AS Scandl Swimwear (ABN 14 972 145 802) (Scandl Swimwear).

In this Terms and Conditions document, the expressions "we", "us", "our" and "Scandl Swimwear" are a reference to Scandl Swimwear. The expressions "you" and "your" refer to each individual to whom the Terms and Conditions apply.

Our website (scandlswimwear.com) (Website) and various social media platforms (Social Media) are owned and operated by Scandl Swimwear. By accessing and/or using our Website, Social Media and our related services and purchasing our products, you agree to be bound by these Terms and Conditions, which include our Privacy Policy and Shipping & Returns Policy. You should review our Privacy Policy, Shipping & Returns Policy and these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, you must immediately cease using our Website and/or Social Media (as applicable).

Use of Website and Social Media

These Terms and Conditions govern your access to and use of the Website and Social Media, including any products, information, content or material that is located on, forms part of or is available through or in connection with the Website or Social Media. If you wish to use certain products or services identified on our Website or Social Media, you may be required to agree to additional terms and conditions which will govern the use of those particular products or services.

You must not do any act that is unlawful or is prohibited by any laws applicable to our Website or Social Media or any of the following (which may comprise unlawful acts):

  • any act that would constitute a breach of an individual privacy rights or any other of the legal rights of individuals;

  • infringing the intellectual property rights of any third party;

  • posting or submitting any inaccurate, false, misleading or incomplete information;

  • transmitting, providing or posting to the Website or Social Media any content or material that is, in our option, likely to cause offence or which is (or may be construed as) unlawful, illegal, threatening, harmful, abusive, harassing, tortious, defamatory, offensive, objectionable, racist or pornographic;

  • uploading files that contain viruses  or any other software or programmes, or otherwise do or attempt to do anything, designed to interfere with, disrupt or circumvent the security or operation of the Website or Social Media or any service provided by the Website, or that may cause damage to our property, the property of individuals or which is in violation of our systems or a third party’s systems or network security; using the Website to provide any content or service in any commercial manner, or in any manner that would involve the sending of junk mail, spam or any other form of unauthorised advertising or commerce without our prior written consent; or

  • violating any applicable laws.

If we allow you to post any information to our Social Media, we have the right to take down or remove this information at our sole discretion and without notice, including if we consider removal of the post necessary for compliance with relevant law or where we consider your use of the Website to be inappropriate.

Privacy 

Refer to our Privacy Policy for more detail about how we handle any personal information or credit information that you provide to us. By using our Website or Social Media, or accepting these Terms and Conditions you agree that we may handle your Personal Information in accordance with, and as defined within, our Privacy Policy.

Accuracy, completeness and timeliness of information

The information provided on both our Website and Social Media is not comprehensive and may be for general information purposes only. The information available on our Website and Social Media is intended to provide a summary of the subject matter covered and may not be entirely accurate. All information, data and other material contained on our Website and Social Media is provided solely on the basis that you accept the risk of using any information or services contained on them and will be responsible for making your own assessment of any matters contained therein. To ascertain whether a product is suitable for your individual needs, you should make your own inquiries and consult an adviser to help you form an opinion.

All figures and amounts displayed on our Website and Social Media are in Australian dollars.

While we use all reasonable attempts to ensure the currency, accuracy and completeness of the information on our Website and Social Media, to the extent permitted by law, including the Australian Consumer Law and subject to the liability section below, we make no warranty regarding the information on our Website and Social Media, and we shall not be held liable in any respect for the accuracy or suitability or reliance by you on the information or data contained on our Website or Social Media.

We may, from time to time and without notice, change or add to the Website or Social Media (including these Terms and Conditions) or the information, products or services described in it. However, we do not undertake to keep the website updated.

To the extent permitted by law, and subject to the liability section below, we are not liable to you or to anyone else if interference with or damage to your technology systems occurs in connection with the use of our Website, Social Media or any links contained therein. You must take your own precautions to ensure that content used from our Website and Social Media are free of viruses, worms, Trojan horses, harmful or disruptive code or other malware that may interfere with or damage the operations of your technology systems.

Linked Sites

Our Website and Social Media may contain links to websites operated by third parties. These websites have not been prepared by us and are not controlled by us. Such links are provided for your convenience only and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse, agree with or approve, and are not responsible for, the content of those linked websites.

Cookies and Other Trackers

We may use cookies and other tracker technologies to improve your user experience and allow us to optimise the Website and Social Media (in terms of content and functionality). A cookie is a small data file that the Website or Social Media (as applicable) sends to your browser, which may then be stored on your system for later retrieval by the platform.

Termination

We reserve the right to restrict, suspend or terminate without notice your access to our Website, Social Media and any content or features contained therein (including your registered user profile) at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Your termination of these Terms and Conditions does not release you from or affect your obligations accrued under these Terms and Conditions.

These Terms and Conditions will survive any termination, however you may no longer be authorised to access the Website and Social Media if you breach any of these Terms and Conditions, in which case your permission to use the Website and Social Media or any information contained on the Website and Social Media shall automatically terminate.

Warranties and Disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, and subject to the Liability section below, Scandl Swimwear provides the information, products and services on an "as is" and "as available" basis and makes no warranties or representations of any kind, whether implied or express, about our Website, Social Media, the content or any products or services, including but not limited to warranties or representations that the information will be complete, accurate or up-to-date. Scandl Swimwear does not warrant that your use of our Website or Social Media will be uninterrupted or free from errors, viruses bugs or other harmful components, that our Website and Social Media will be secure, will meet your requirements, or that any defects in either will be remedied. Scandl Swimwear disclaims liability for, and no warranty is made with respect to, the connectivity and availability of our Website or Social Media.

Liability

To the maximum extent permitted by law, in no event shall we be liable for any direct, indirect, incidental, consequential or special loss, damage, cost or expense, any loss of profit, loss of revenue or loss of business opportunity, or any damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Scandl Swimwear knows or has been advised of the possibility of such damages,  arising out of or relating to these Terms and Conditions (including any loss which may be suffered due to your use of our Website, Social Media or the information or materials contained on them, or as a result of the inaccessibility of our Website, Social Media or the fact that certain information or materials on them is incorrect, incomplete or is not current) whether arising under contract, tort (including negligence), statute or any other legal or equitable theory.

Nothing in these Terms and Conditions is intended to exclude, restrict or modify a consumer's rights under the Australian Consumer Law, or any other statutory rights that may not be excluded, restricted or modified.

Jurisdiction and Governing Law

Your use of the Website, Social Media and these Terms and Conditions are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Severability

If any of these Terms and Conditions are held to be invalid, illegal, unlawful or otherwise incapable of being enforced, all other terms and conditions shall nevertheless remain in full force and effect.

No Assignment

Your rights and obligations under these Terms and Conditions are personal to you and you must not assign, transfer or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions. We may assign or transfer or otherwise dispose of our rights and/or obligations under these Terms and Conditions by providing notice to you.

Amendments

We may amend these Terms and Conditions from time to time, in our sole discretion by posting an updated version of the Terms and Conditions on the Website and Social Media. By continuing to use the Website or Social Media after any such amendment, you are deemed to have agreed to the amended Terms and Conditions.


Last updated: August 2024