At Swimworx, we own and operate the Swimworx.com.au website, including the mobile version and any related mobile applications (collectively, our “Websites”).

Please read these Terms of Service (the “Terms”) carefully. By accessing or using our Websites, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use our Websites.

Changes to the Terms

We may update these Terms at any time at our discretion. Updated Terms will be posted on our Websites, and your continued use signifies acceptance. Please check the “Last Updated” date at the top of this page to see when changes were made.

Acceptable Use

By using the Websites, you agree to:

  • Comply with all applicable Australian laws and regulations.
  • Not engage in activities that are illegal, infringe third-party rights, or disrupt Website functionality.
  • Provide accurate and truthful information when using the Websites.

You must not:

  1. Use the Websites to commit or promote illegal acts.
  2. Copy, modify, or distribute Website content without permission.
  3. Harvest data, scrape content, or interfere with the Websites’ security.
  4. Impersonate others or misrepresent your affiliation with Swimworx.

Any violation may result in immediate suspension or termination of your access.

Eligibility

You may use our Websites only if you are at least 18 years old and capable of forming a binding contract under Australian law. Use of the Websites is permitted for personal, non-commercial purposes only.

Accounts

Certain areas of the Websites may require account registration. You are responsible for maintaining the confidentiality of your account and password. Notify us immediately of any unauthorized access. Swimworx may disable accounts at its discretion for violations of these Terms.

Promotions

From time to time, we may offer promotions, contests, or sweepstakes (“Promotions”), which may have additional terms. Prizes are awarded “as is” without warranty. Swimworx reserves the right to modify, suspend, or terminate Promotions. By participating, you release Swimworx from liability related to your participation or receipt of any prize.

Interactive Services & Content

Our Websites may offer interactive services, such as chat tools, forms, or discussion boards. Contributions you make are your responsibility. You must not post content that is:

  • Defamatory, offensive, or illegal
  • Violates intellectual property rights or privacy
  • Promotes discrimination, harassment, or illegal activity
  • Contains malware, spam, or misleading information

By submitting content, you grant Swimworx a perpetual, worldwide, royalty-free license to use and distribute your contributions. Swimworx may remove any content at its discretion.

Intellectual Property

All content, graphics, logos, and materials on the Websites are the property of Swimworx or its licensors. You are granted a limited, non-exclusive license for personal use only. Unauthorized use of our intellectual property is prohibited.

Disclaimer of Warranties

The Websites and all content are provided “as is” and “as available” without warranties of any kind. Swimworx does not guarantee uninterrupted access, error-free performance, or compatibility with your devices. Use is at your own risk.

Limitation of Liability

To the maximum extent permitted by law, Swimworx is not liable for:

  • Loss of profits, income, or data
  • Indirect, incidental, or consequential damages
  • Personal injury or property damage

Our total liability to you will not exceed the greater of AUD $100 or the amount you paid for products ordered through the Websites.

Indemnification

You agree to indemnify Swimworx and its affiliates against any claims, damages, or expenses arising from your use of the Websites, violation of these Terms, or infringement of third-party rights.

Links to Other Websites

Our Websites may include links to third-party sites. Swimworx is not responsible for the content or services on those sites, and your use is at your own risk.

Termination

Swimworx may suspend or terminate access to the Websites or your account at any time without notice. Certain sections, including Intellectual Property, Limitation of Liability, Disclaimer of Warranties, and Indemnification, survive termination.

Governing Law & Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of courts in Sydney, NSW.

DMCA & Copyright Complaints

If you believe your copyrighted work has been infringed on our Websites, please contact us:

Swimworx
Email: support@swimworx.com.au

Miscellaneous

If any provision is invalid or unenforceable, the remaining provisions remain in effect. Failure to enforce a term does not constitute a waiver of rights.

Last Updated: December 3, 2025