Terms of service
Last Updated: 10th March, 2025
Welcome to Race Ready Swim (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website https://racereadyswim.com.au (the “Site”) and any related services, including the purchase of performance swimwear and swim training equipment through our online store. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to all of the provisions in these Terms, do not access or use the Site.
1. Acceptance of Terms
1.1. Binding Agreement
By using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other policies referenced herein.
1.2. Eligibility
You must be at least 18 years old to use our Site and purchase products from us. If you are under 18, you may only use our Site under the supervision of a parent or legal guardian who agrees to these Terms.
2. Changes to the Terms
2.1. Right to Modify
We reserve the right to update, modify, or replace any part of these Terms at our sole discretion. We will notify you of any changes by updating the “Last Updated” date on this page. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site after any modifications signifies your acceptance of the updated Terms.
2.2. Material Changes
If there are material changes to these Terms, we will make reasonable efforts to notify you by email or through a prominent notice on the Site before the changes take effect.
3. Use of Our Site
3.1. Permitted Use
You agree to use the Site for legitimate purposes, such as browsing products, making purchases, or obtaining information about Race Ready Swim and its offerings. Any use of the Site for fraudulent or illegal activity is strictly prohibited.
3.2. Prohibited Conduct
You may not:
Use the Site in any way that could impair, overburden, damage, or interfere with any other party’s use of the Site;
Access or attempt to access areas of the Site or systems that are not intended for public use;
Upload or transmit any viruses, malware, or other malicious code;
Use the Site or its content in violation of any applicable local, state, federal, or international laws, regulations, or treaties.
4. Accounts
4.1. Account Creation
To purchase products from us, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate and complete at all times.
4.2. Account Security
You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. If you suspect any unauthorized use of your account or breach of security, you must notify us immediately at [Email Address].
4.3. Account Termination
We reserve the right to terminate or suspend your account at any time and without notice if we determine you have violated these Terms or for any other reason at our sole discretion.
5. Purchases and Payment
5.1. Product Descriptions
We strive to describe our products accurately. However, we do not guarantee that the descriptions, images, or any other content on the Site are error-free, complete, or current.
5.2. Pricing
All prices listed on our Site are in Australian Dollars (AUD), unless otherwise stated. Prices do not include applicable taxes, duties, or shipping fees. These amounts will be added to the total at checkout, as applicable.
5.3. Payment Methods
We accept major credit cards, PayPal, and other payment methods as indicated on the Site. By providing a payment method, you represent and warrant that you are authorised to use that payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your purchase.
5.4. Order Acceptance
All orders are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud.
6. Shipping and Delivery
6.1. Domestic Shipping (Australia)
We primarily ship from within Australia. Orders are typically processed within 2-3 business days of receiving payment, excluding weekends and public holidays. Delivery times vary based on your location and shipping method chosen at checkout.
6.2. International Shipping
If requested, we will ship internationally to select countries. International shipping fees and delivery times will be provided at checkout. You are responsible for any customs duties, taxes, or other fees associated with international shipments.
6.3. Delivery Issues
We are not liable for any delays or failures in delivery resulting from events beyond our control, including but not limited to customs clearance processes, natural disasters, or carrier delays.
7. Returns and Exchanges
Please review our [Return and Exchange Policy]([Link to your Returns Policy]) for information regarding product returns and exchanges. This policy is incorporated by reference into these Terms.
8. Intellectual Property
8.1. Ownership
All content on the Site, including but not limited to text, graphics, logos, images, and software, is owned or licensed by Race Ready Swim and is protected by international copyright, trademark, and other intellectual property laws.
8.2. Limited License
We grant you a limited, non-transferable, revocable license to access and use the Site for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, or exploit any of the Site’s content without our express written permission.
9. Third-Party Links and Services
Our Site may include links to third-party websites or services that are not owned or controlled by Race Ready Swim. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. You acknowledge and agree that Race Ready Swim is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party websites or services.
10. Disclaimer of Warranties
10.1. Site Provided “As Is”
The Site and all products, services, and content made available through it are provided on an “as is” and “as available” basis. We make no warranties, expressed or implied, regarding the Site’s operation or the information, content, materials, or products included on it.
10.2. Product Use
All products sold through the Site are intended for lawful purposes only. You assume all risk for any injury or damage that may result from the use of any product purchased from Race Ready Swim.
11. Limitation of Liability
To the maximum extent permitted by law, Race Ready Swim and its affiliates, directors, officers, employees, or agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, revenue, or data, arising out of or related to your use of or inability to use the Site or any products purchased through the Site.
Where liability cannot be excluded or limited under applicable law, such liability is limited to the greatest extent permitted by Australian Consumer Law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Race Ready Swim, its affiliates, and their respective officers, employees, and agents from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use of the Site or products purchased through the Site;
Your breach of these Terms or any applicable law or regulation;
Your violation of any rights of a third party.
13. Privacy
Your submission of personal information through the Site is governed by our Privacy Policy. By using the Site, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.
14. Governing Law and Jurisdiction
These Terms and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Victoria, Australia, for the resolution of any disputes arising out of or in connection with these Terms or your use of the Site.
15. Termination
We reserve the right, in our sole discretion, to terminate your access to the Site at any time without notice. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Race Ready Swim regarding the use of the Site and supersede all prior agreements and understandings, whether written or oral.
17. Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. This shall not affect the validity and enforceability of any remaining provisions.
18. Contact Us
If you have any questions or concerns about these Terms of Use, please contact us:
Via our contact page here
Email: support@racereadyswim.com.au
