Termini e condizioni del servizio

Welcome to Amali Swim! The terms "we", "us" and "our" refer to Amali Swim. Amali Swim operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Amali Swim is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. Nothing in this section limits your rights under the Australian Consumer Law, including your right to a repair, replacement or refund if a product does not match its description or is not of acceptable quality.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Amali Swim reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Amali Swim confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Amali Swim may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange in accordance with our Refund Policy, and in all cases in accordance with your non-excludable rights under the Australian Consumer Law.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only. We take reasonable steps to ensure your order is delivered within a reasonable time, in line with our obligations under the Australian Consumer Law. While we are not responsible for delays caused by events outside our control, such as customs processing or public holidays, nothing in this section limits your rights under the Australian Consumer Law if a delivery service we arrange fails to be provided with due care and skill or within a reasonable time. Risk in the goods passes to you on delivery to the address you provided, not on handover to the carrier. Further detail on shipping is set out in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Amali Swim, its affiliates or licensors and are protected by Australian and foreign copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Amali Swim, Shopify or any third party. Unauthorised use of the Services may be a violation of Australian and other intellectual property laws. All rights not expressly granted herein are reserved by Amali Swim.

Amali Swim's names, logos, product and service names, designs, and slogans are trademarks of Amali Swim or its affiliates or licensors. You must not use such trademarks without the prior written permission of Amali Swim. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, except to the extent that liability cannot be excluded under the Australian Consumer Law.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Amali Swim is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Amali Swim. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Amali Swim, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Amali Swim, except to the extent such release is not permitted by the Australian Consumer Law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more detail on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right, and will not contain unlawful, abusive or obscene material, or any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any Commonwealth, state, territory or local law or regulation; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit unsolicited advertising or promotional material; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Amali Swim, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services other than in accordance with Section 14; or (f) interfere with, bypass, or circumvent the security or authorisation features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in clause 14.4. No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent in the request's user agent string as "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interaction is from an Agent, including by mimicking human behaviour or completing or circumventing CAPTCHAs; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part of it) at any time, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes, and any reliance you place on such information is at your own risk.

Except as expressly stated by Amali Swim, and subject to your rights under the Australian Consumer Law, the Services and all products offered through the Services are provided "as is" and "as available" without any representation, warranties or conditions of any kind, either express or implied. Nothing in this section excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified, including your right to a repair, replacement, refund or compensation for a failure of a consumer guarantee.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, and subject to your rights under the Australian Consumer Law, Amali Swim, our directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and those of Shopify and its affiliates, will not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits or lost data, arising from your use of the Services or any products procured through the Services, whether based in contract, tort (including negligence) or otherwise.

Nothing in this section excludes, restricts or modifies your rights under the Australian Consumer Law, including your right to a refund, replacement, repair or compensation for a major or minor failure of a consumer guarantee, and nothing in this section limits our liability for death or personal injury caused by our negligence, or for any other liability that cannot lawfully be excluded or limited.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Amali Swim, Shopify, and our affiliates, officers, employees, agents, contractors, and service providers against any losses, damages, liabilities or reasonable costs, payable to a third party, arising directly out of (1) your breach of these Terms of Service, or (2) your fraudulent, unlawful or wilful misconduct in your access to and use of the Services. This indemnity does not apply to the extent a loss is caused by our own negligence, breach of these Terms, or breach of the Australian Consumer Law.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written, between you and us.

SECTION 21 - ASSIGNMENT

You may not transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations, provided this does not reduce the protections available to you under the Australian Consumer Law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of Queensland, Australia. You and Amali Swim submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes, to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at amaliswim@gmail.com.

Amali Swim Email: amaliswim@gmail.com Phone: 0468 803 214 Address: Noosa Heads Main Beach, Noosa Heads QLD 4567.