Intellectual Property Rights

(a) Copyright

The material on this website is the intellectual property of Swimming Australia Limited and is copyright protected under the laws of Australia and by International treaty. No part of the content may be reproduced, re-used or redistributed for any purpose whatsoever, without the express prior written permission of Swimming Australia Limited.

The information published on this website is intended to be used for personal use only and may not be used for commercial purposes without the prior written consent of Swimming Australia Limited. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Swimming Australia Limited is prohibited. Swimming Australia Limited may impose conditions and charge a fee for the use of any content used for commercial purposes.

The intellectual property rights in some material on this website may belong to third parties and their permission may be required to use the material.

(b)Trade Marks

This website includes registered and unregistered trade marks of Swimming Australia Limited and various third parties, including but not limited to State Swimming Associations and commercial partners of Swimming Australia Limited. You may not use these trade marks without the prior written consent of the owner of the relevant trade mark.

 

You are not permitted to publish links to the website on your own website, application or system without the express prior and written consent of Swimming Australia Limited.

Your conduct

As a condition of your use of this website, you warrant to Swimming Australia Limited that you will not use information or material from the website for any purpose that is unlawful or in a manner prohibited by these terms of use and will otherwise conduct yourself in a respectful manner and to a standard of behaviour consistent with the requirements set out in the Swimming Australia Safe Sport Framework. In particular, you agree not to:

• • use the website for any activities, or submit to or via the website any information or materials, which breach any laws or regulations (including stalking, harassing, bullying or discriminating against other users, misleading or deceptive conduct, defamation, libel or a breach of confidence) or infringe a third party's patent, trade mark, copyright or other proprietary rights or privacy;
  • publish, distribute, transmit or disseminate on the website any material which is:
  • threatening or likely to or intended to incite violence;
  • unlawful, obscene, defamatory, indecent, offensive, inappropriate or racially, ethnically or otherwise objectionable; or
  • pornographic, profane or contains nudity or graphic or gratuitous violence
  • promote any unsolicited or unauthorised advertising, promotional materials, surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the website;
  • impersonate any person or entity;
  • copy or reverse engineer the website or any feature or application on it;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or otherwise collect content from the website using automated means (such as harvesting bots, robots, spiders or scrapers) ; or
  • undertake any conduct that, in Swimming Australia Limited’s sole discretion, restricts or inhibits any other user from using or enjoying the Website.

By posting or submitting content to the website, you represent and warrant that (i) such content is your own original work or you own all the rights to the content or are authorised to use and distribute the content via the website and (ii) the content is not defamatory and does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

Swimming Australia Limited reserves the right to pre-screen content submitted for publication on the website. Swimming Australia Limited may refuse to publish or remove content that, in its sole discretion, does not meet its standards or does not comply with these terms of use. Swimming Australia Limited is not responsible for any failure to publish or delay in removing such material.

You agree that Swimming Australia Limited may publish, modify, adapt and retransmit to others any content submitted by you free of charge and without restriction and without any requirement to obtain further consent from you.

You will indemnify Swimming Australia Limited, its employees, agents and representatives from any and all costs, claims, loss or damage suffered or incurred including consequential loss or damage which may arise from the posting or deletion of your submitted content or from any breach by you of these terms or from your use of the website.

 

Privacy

 

The protection of personal information is important to Swimming Australia Limited.  Swimming Australia Limited is committed to respecting individuals' privacy and the protection of personal information.  Any personal information you submit whilst using the website will be collected, used and disclosed in accordance with any relevant privacy collection notice disclosed to you and the Swimming Australia Privacy Policy (available here: https://www.swimming.org.au/Assets/Policies/Privacy-Policy.aspx). 

 

 

Disclaimer and No Liability

 

Information provided on this website is general in nature and is provided as a guide only.  While every effort is made to ensure that the information provided is accurate and up to date, Swimming Australia Limited does not give any warranty as to the accuracy, reliability or completeness of the information which is contained on the website (except insofar as any liability under statute cannot be excluded).  Accordingly, any reliance you place on such information is therefore strictly at your own risk.  Further, Swimming Australia may update any content on the website from time to time and at any time, without notice.

 

The website may contain links to other websites or systems including but not limited to social media channels.  Swimming Australia Limited provides these links as a courtesy and not as an endorsement of any website or system, its operator or any goods or services promoted.  Swimming Australia Limited is not responsible for, and will not be liable in respect of, the content or operation of any other websites or system or any information that appears on the website and is provided by third parties at any time.

 

Subject to any applicable law which cannot be excluded:

 

(a)        you use the website at your own risk;

 

(b)       Swimming Australia Limited  provides you with access to the website without any express or implied warranties, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement;

 

(c)        Swimming Australia Limited does not guarantee, or make any representations or warranties that the website will be always safe, secure, complete, available, and free of errors;

 

(d)       Swimming Australia Limited excludes all warranties, whether express or implied, in relation to the website and any goods or services accessible or promoted via the website.

 

Swimming Australia Limited excludes and will not, in any case, be liable for:

 

(a)        any direct loss or damage that you may suffer as a result of using the website;

 

(b)       any loss of profit, business opportunity, goodwill, anticipated savings or data, or for any special, indirect, incidental or consequential loss or damages of whatsoever kind resulting from the use of the website, even if Swimming Australia Limited was aware or ought to have been aware of the possibility of such loss or damage;

 

however arising, whether in contract, tort, negligence, misrepresentation or otherwise.

 

General

 

These Terms and Conditions may be updated by Swimming Australia Limited from time to time.  Swimming Australia Limited  will post, or link to, any new Terms and Conditions the website. Your continued use of the website constitutes acceptance of any amended Terms and Conditions.

 

These Terms and Conditions are governed by the laws of the State of Victoria, Australia and you submit to the exclusive jurisdiction of the Victorian courts.

 

Any of these Terms and Conditions that is either wholly or partly unenforceable will be severed to the extent necessary to make the remaining Terms and Conditions enforceable.

Any partial exercise, failure to exercise, or delay in exercising a power, right or remedy provided under these Terms and Conditions, or by law, does not operate as a waiver, or prevent or restrict any further or later exercise of that power, right, or remedy.