TERMS OF SERVICE

By accessing or using this website (“the website”) or by accepting, accessing, using, receiving or reading any documents or materials prepared by SWIISH Pty Ltd ACN 162 444 751 (“we”, “us”, “our”), or by placing an order and/or purchasing goods from this website, you agree to be bound by these Terms and Conditions.

Governing law
These Terms and Conditions are governed by, and interpreted in accordance with, the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of, or exercising jurisdiction of, that State and waive any right you may have to claim that those Courts are an inconvenient forum.

Material
The material on this website, including the material sold on this website and any other material prepared by us (Material) are for general information purposes only and do not constitute advice. Website visitors, and anyone who accepts, accesses, uses, receives or reads the Material, should first obtain advice specific to their own situation. 

Before relying on any Material that contains health or nutritional information on this website, you should carefully consider your own health situation and obtain appropriate medical and / or expert advice relevant to your circumstances. We do not warrant that the website and any Materials are free from inherent defects, errors or deficiencies, or the completeness or accuracy of any Material.

The Material is not formulated to suit the nutritional needs of anyone with a pre-existing medical condition (including but not limited to any virus, disease, illness, disabilities, injuries, physical or mental conditions, general poor health or otherwise) or for pregnant or breastfeeding women.

Purchasing products 
You may offer to purchase products described on this website from us, at the price specified on the website for those products. You may not cancel an order once it has been submitted. Prices are inclusive of Australian goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods. 

Payments
Payments processed through our website are managed by third party gateways, including but not limited to Shopify, PayPal, AfterPay, BrainTree and Stripe. All payment amounts are represented in Australian currency (AUD). All currency conversions and calculations are done through third party gateways, and we take no responsibility for the accuracy of any currency conversions. You agree to take all responsibility to assess any and all conversion transaction prices, shipping prices and the possibility of customs, taxes and duties, or import charges prior to confirming your order.

Reviews
Please be aware that reviews / testimonials on this website may not reflect the results that you may achieve by using our products or other materials.  Results may vary and your experience may not be similar to the experience of the user testimonial.

If you publish a testimonial, review or provide any comments regarding any Materials or us, you irrevocably grant us a non-exclusive, royalty free, perpetual right to use, reproduce, publish, translate and distribute such testimonials, reviews or comments throughout the world in any media. In addition, you expressly waive in favour of us all “moral rights” in any jurisdiction. 

Cancellation of orders 
You acknowledge that, despite our reasonable endeavours, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event. 

We may also cancel an order if we believe that it is being made in contravention of these terms and conditions. 

We may cancel an order even if it has been confirmed and the buyer’s credit card has been charged. We reserve this right up until the time of delivery of the Product to that buyer. If a cancellation of this nature occurs after the buyer’s credit card has been charged for the purchase, we will immediately issue a credit to the buyer’s credit card account the amount in question. 

Delivery 
Any delivery times on this website are indicative only. While we will use reasonable endeavours to arrange delivery using the method indicated within the timeframe indicated, we will not be liable for any failure to meet any such delivery time. 

You will be deemed to accept delivery of any ordered products when it is delivered to the premises indicated in the order or to any alternative location reasonably determined by the delivery provider. 

Change of Address
SWIISH cannot be held responsible for an incorrect address being entered on your order. Address confirmation is given in the checkout section of the site. If this is not noticed until after your order is finalised, please email us at hello@SWIISH.com.au immediately. We will attempt to update any incorrect order details, however due to fast turnaround, some orders cannot be adjusted. In the case that your order is processed and cannot be updated, please refer to our Returns page for more information.

Risk and title 
Until you have made full payment for all products ordered from us, we retain title in those products. Risk in those products will pass to you upon receipt of the products by the delivery service provider. 

Specific warnings 
You must ensure that your access to this website is not illegal or prohibited by laws that apply to you. 

You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt we do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website. We do not accept liability for any losses arising directly or indirectly from corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the website, or any transmissions by others in contravention of your obligations as set out in these terms and conditions. 

Intellectual property rights and licence 
All intellectual property rights in this website and material are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means: 

• Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website or material; or
  
  
• Commercialise any information, products or services obtained from any part of this website or material, without our written permission. 

Restricted use 
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information or products obtained from this website or use it for commercial purposes. 

Linked websites 
This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. 

We are not responsible for the content or privacy practices associated with linked websites. 

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary. 

Disclaimer 
We do not represent or guarantee that this website, or any other website that is accessible using a hyperlink from this website, will be free from errors or viruses. We do not represent or guarantee that access to this website will be uninterrupted. 

You acknowledge that this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures. 

To the extent permitted by law, any condition, warranty or guarantee that would otherwise apply by law is hereby excluded. Where legislation implies or prescribes any condition, warranty or guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, warranty or guarantee, that condition, warranty or guarantee will apply and, to the extent permitted by law, our liability will be limited for a breach of that condition or warranty to one or more of the following: 

(a) if the breach relates to goods: 

(i) the replacement of the goods or the supply of equivalent goods; 

(ii) the repair of such goods; 

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or 

(iv) the payment of the cost of having the goods repaired; and 

(b) if the breach relates to services: 

(i) the supplying of the services again; or 

(ii) the payment of the cost of having the services supplied again. 

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. 

Privacy policy 
Your privacy is very important to us. Users of our website should refer to our Privacy Policy for information about how we collect and use personal information. By accepting these terms and conditions you expressly consent to our disclosure and use of your personal information (including using email to communicate with you) as described in the privacy policy, which is incorporated into these terms and conditions by reference. 

Security of information 
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. 

Termination of access 
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination. 

Amendments to Terms and Conditions 
We may amend these Terms and Conditions and any Materials at any time. Amendments will be at our discretion, effective immediately upon their posting on this website and without any notice to you. Your continued use of this website and any materials following that publication will constitute your agreement to be bound by the amended terms and conditions. 

General 
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

------------------------

MOBILE TERMS OF SERVICE
Last updated: March 30, 2023

The SWIISH Pty Ltd. mobile message service (the "Service") is operated by SWIISH Pty Ltd. (“SWIISH Pty Ltd.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to SWIISH Pty Ltd.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of SWIISH Pty Ltd. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, information (e.g., order updates, account alerts, etc.) and occasional offers and promotions. We promise not to spam you and you can unsubscribe at any time.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with SWIISH Pty Ltd.. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18772175204 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other SWIISH Pty Ltd. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18772175204 or email hello@swiish.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.