Use of Site
You represent and warrant that you are over 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Auswimwear.com grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site or any portion of the Site, only use the Site by displaying it on your internet browser for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except with the express written consent of Auswimwear.com in advance.
Auswimwear.com also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray Auswimwear.com, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.
Prohibited Uses of the Site
• Interfere or attempt to interfere with the proper operation of the Site;
• Bypass any measures used to prevent or restrict access to any portion of the Site;
• Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by Auswimwear.com or its affiliates through the Site;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
• Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
• Reproduce, record, retransmit, sell, lease, transmit, distribute, publish, post or perform any of the content of the Site;
• Modify, download (other than page caching), reproduce, copy, resell, disassemble, decompile or otherwise exploit the Site, the content or any portion or derivative thereof;
• Copy or download any account information of any user of the Site for the benefit of any other person or entity;
• Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Auswimwear.com;
• Use Auswimwear.com’s name, trademarks, service marks or logos in any meta tags or any other “hidden text”;
• Use Auswimwear.com’s logo or other proprietary graphic or trademark as part of a link without express written permission.
Each of the foregoing is expressly prohibited unless the prior express written consent of Auswimwear.com. Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted by Auswimwear.com
Termination of Access
INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT
All content included on the Site, such as text, graphics, articles, logos, user interfaces, button icons, images, photographs, audio clips, digital downloads, data compilations and software, is the property of Auswimwear.com or its product suppliers, licensors or content suppliers (includes users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of Auswimwear.com and protected by applicable copyright laws in China. All software used on the Site is the property of Auswimwear.com or its software suppliers and is protected by applicable copyright laws.
Third-Party Content; Copyright Claims
Auswimwear.com certain content supplied by third parties and has no editorial control over such content. Any opinions, advice, statements, descriptions, services, offers or other information that constitutes part of content expressed or made available by third parties or through the site are only those of the respective authors or distributors and not of Auswimwear.com. None of the Auswimwear.com parties guarantee the accuracy, validity, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The Auswimwear.com Parties make no endorsement or representations as to the accuracy, validity, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made an authorized Auswimwear.com representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any Auswimwear.com Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.
No Auswimwear.com Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact Auswimwear.com at the e-mail address below with the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. Your address (including country), telephone number and e-mail address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Your notice should be sent to [email protected]
Submission of Reviews and Other User Content
Where allowed on the Site, users or other persons may submit reviews, comments, articles, contest entries and other Content to the Site or users may offer or disclose Content, ideas or other materials to Auswimwear.com in connection with the Site (each such submission, offer or disclosure being a "Submission") . If you choose to submit such Content, you agree not to use a false e-mail address, impersonate any person or entity or otherwise mislead any Auswimwear.com Party or any Site user as to the origin of any such Content. You agree, represent and warrant that any Submissions submitted by you will be accurate and will not violate these Terms or Conditions, any applicable law or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity. You agree, represent and warrant that you have the authority to make all Submissions submitted by you and to grant the rights and licenses described herein with respect to all such Submissions. You further agree, represent and warrant that no Submission submitted by you to the Site will be or contain unlawful, libelous, false, inaccurate, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, abusive, offensive or obscene material or contain software viruses, political campaigning, commercial, survey, research or other solicitations, bulk communications, chain letters, advertising, commercial offers, mass mailings or any form of (spam).
IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF CHINA: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS:
Auswimwear.com’s product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated. Auswimwear.com’s customers are located in various parts of the world. As a result, it is impossible for Auswimwear.com to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law.
Auswimwear.com makes every effort to ensure that the products it sells are genuine and legitimate. Import and sale of certain of the products offered on the site, however, may not be permissible in all countries, including without limitation the united states of america, as a result of local customs regulations, local copyright and trademark rights.
by purchasing a product on the site, you agree that such purchase and the import of such product complies with the laws of the country to which you have requested Auswimwear.com to ship the product, and agree that you will be considered the sole “importer” of the product to your country for all purposes, including customs regulations and copyright and trademark laws. You acknowledge and agree that Auswimwear.com’s role is limited to procuring products available in asia and other regions and making these products available through the site to you for purchase in china and for your import to the country. In no event will Auswimwear.com be a party to the import of such products nor will any Auswimwear.com party be responsible for any liability arising under the laws of any country other than the china special administrative region for the import and sale of products available on the site, including without limitation customs regulations, holds, detentions and seizures, copyright and trademark laws.
By purchasing a product through the Site, customers outside of China authorize Auswimwear.com to make arrangements for custom clearance on their behalf for their orders.
PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE
Methods of Payment
Auswimwear.com offers a variety of payment methods on the Site for the convenience of customers. You agree to pay all fees incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.
For customers in China, Auswimwear.com may offer the option to pay by direct deposit to specified bank accounts of Auswimwear.com or by cash on delivery (COD). If either of these options is available, a description will be included in payment page. Any fees payable in connection with direct deposit or COD, including any fees payable by Auswimwear.com's bank, must be paid by customers.
Auswimwear.com does not accept any other payment methods unless expressly set forth on the Site. If Auswimwear.com offer or accept any other methods of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Auswimwear.com will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.
PRODUCT DESCRIPTIONS AND PRICES
Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Auswimwear.com does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. If a customer purchases a product from Auswimwear.com that is not as described on the site, the customer sole and exclusive remedy shall be to return such product in unused condition for Auswimwear.com credit in the amount of the purchase price.
Auswimwear.com has made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, Auswimwear.com cannot guarantee that your monitor’s display of any color will be accurate.
Auswimwear.com cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a “shopping cart” or “shopping bag” and the time that the purchase is actually made. Also, despite Auswimwear.com’s efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Auswimwear.com, Auswimwear.com may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.
Auswimwear.com will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors or that are unavailable for any reason. Auswimwear.com will have this right regardless of whether the order has been confirmed or the order has been charged. If your payment service has already been charged for the purchase and your order is cancelled, Auswimwear.com will immediately issue a credit to your payment service in the amount of the charge.
Please note that there may be certain orders that we are unable to accept and must be cancelled. Auswimwear.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If such is the case, we will contact you if all or any portion of your order is canceled or if additional verification or information is required to accept your order.
Certain portions of the Site may require you to create an account, username and password. You are responsible for maintaining the confidentiality of such account, username, and password and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify Auswimwear.com immediately of any unauthorized usage of your account, username or password or any other breach of security with respect to the Site. You may not use anyone else’s account, username or password at any time. You may not attempt to gain unauthorized access to the Site. You may not authorize any other person to use your account, username or password. You agree to provide Auswimwear.com with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your account information by clicking on the “My Account” link on the Site.
DISCLAIMER AND LIMITATION OF LIABILITY
The Site, including any content or information contained with it or any service, or any products or purchased through the Site, is provided by Auswimwear.com on an “as-is” and “as-available” basis.Auswimwear.com makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content (including third-party content), materials, products (including cosmetic products, personal care products, and contact lenses), or services included on this Site except as provided here to the full extent permissible by applicable law, Auswimwear.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and system integration. No Auswimwear.com party guarantees or warrants the performance of any supplier or other third party, including any such third party's conformance, or the conformance of any third party’s product or description thereof, to any law, rule, regulation, or policy. Neither Auswimwear.com nor any other Auswimwear.com party warrants that the Site, its servers or e-mail sent from Auswimwear.com are free of viruses or other harmful components or that the Site will operate without interruption or that the Site may include inaccuracies, mistake or typographical errors or error free. No Auswimwear.com party will be liable for any damages of any kind arising, from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages, regardless of whether such damages are based on contract, strict liability, tort, or other theories of liability, and also regardless of whether any Auswimwear.com party was given actual or constructive notice that damages were possible. Without limiting the foregoing, you agree that the aggregate liability of the Auswimwear.com parties arising from or related to any product ordered from the site (including cosmetic products, personal care products, and contact lenses), regardless of the form of action or claim, is limited to the purchase price of such product.
Without limitation to the foregoing, you expressly agree that your use of the Site is at your sole risk.
APPLICABLE LAW AND DISPUTES
The agreement between Auswimwear.com and the customers is applicable to the laws of the PRC. All disputes shall be judged by the People's Court where Auswimwear.com is located.
Any dispute, controversy or claim relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in China conducted under China law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Auswimwear.com or any affiliate or licensor of Auswimwear.com, Auswimwear.com may seek injunctive or other appropriate relief in any appropriate jurisdiction and court.
Delay in Enforcement
You agree to defend, indemnify and hold harmless Auswimwear.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the use of the Site and any Content available on the Site.