Terms & Conditions | Just Like Fish Swim School

Terms & Conditions

Just Like Fish Swim School – Website Terms and Conditions (User Terms)

1 Introduction

1.1 Thank you for visiting [www.justlikefish.com.au] (the Website).

1.2 By accessing and using the Website you accept and agree to be bound by these User Terms and accordingly you should review them carefully.  If you do not accept these User Terms you must not access or use the Website.

1.3 Our Privacy Policy and all other notices and communications we provide through the Website will form part of and be subject to these User Terms.  To the extent of any inconsistency or conflict between this information and these User Terms, these User Terms will prevail.

1.4 We may change these User Terms at any time without notice.  Please access the Website and review these User Terms regularly to ensure you are aware of any changes made.

2 Access and use of the Website

2.1 Subject to these User Terms, you may access and use the Website at no charge and without registering an account.

2.2 You acknowledge and accept that access to and use of parts of the Website may:

(a) be restricted to members who have a user name and log in to the Website (Members);

(b) be subject to terms and conditions in addition to these Terms; or

(c) require payment,

and the imposition or removal of any access or use restrictions for any part of the Website is at our sole discretion.

3 Privacy

3.1 We are committed to protecting your privacy.  Please refer to the Privacy Policy for further details on how we collect and protect your information.

3.2 The website is accessible to people of all ages. However, we are mindful that some users who register as Members may be under the age of 18.

3.3 In the interests of their personal safety, we urge children to check with their parents before entering their Personal Information on the Website and ask parents to discuss these issues with their children.

3.4 We will use reasonable endeavours to ensure that appropriate disclosures are made at the time of collection of information from minors, and will only collect Personal Information where authorised to do so by parents.

4 Registering an account and becoming a Member

4.1 To register an account you must:

(a) validly enter your email address, a password and all other information requested in the registration section of the Website; and

(b) signify your acceptance of these User Terms.

4.2 Accepting these User Terms is an important part of the registration process and you should carefully read these User Terms before registering an account on the Website.

4.3 You must keep your account password confidential.  You are responsible for any activities or transactions made using your account and we are not liable for any damage or loss, which results from unauthorised access to your account.  You must immediately notify us of any unauthorised access to your account.

4.4 Your account is not transferable and you may only register one account.

4.5 Registering an account and becoming a Member is free.

5 Content

5.1 We derive content from sources, which We believe are accurate and up to date as at the time of publication, however we do not make any representation or warranty as to the currency, reliability, accuracy or completeness of any content provided via the Website.

5.2 While we use reasonable commercial endeavours to update the content contained on the Website, you indemnify and release us from all liability for any claim or loss that directly or indirectly results from your reliance on any content provided on the Website.

5.3 We may engage third parties to author, design or provide content for inclusion in the Website. You acknowledge and agree that in relation to all content contributed by third parties:

(a) any views or opinions expressed in that content are the views and opinions of that third party and not ours; and

(b) despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of content lies exclusively with the third party who provided it.

6 Transactions

6.1 Only Members are permitted to make transactions through the Website.

6.2 Examples of transactions can include but are not limited to orders and payment for goods and/or services.

6.3 These User Terms cover all transactions made through the Website and any additional terms or conditions displayed during the finalisation of the transaction.

6.4 All goods or services offered on the Website are subject to the restrictions and disclaimers contained in these User Terms in addition to any other conditions, which apply to that good or service.

6.5 By completing a transaction you agree to pay all amounts related to the transaction including all taxes and delivery charges by the relevant due date.  Once a transaction is completed on the Website it cannot be cancelled or reversed.

6.6 You acknowledge and accept that for any transaction completed via the Website:

(a) the goods and services may be subject to additional third party terms and conditions.  You should review these terms and conditions before completing any transaction;

(b) any description or images of goods or services are accurate at the time of publication on the Website, however such accuracy of descriptions or images are not guaranteed for the duration of their publication;

(c) to the extent permitted by law and in addition to any other part of these User Terms:

(1) We accept no liability for any loss or damage directly or indirectly related to good and/or service purchased through the Website or any content viewed on the Website, unless our deliberate or negligent actions have directly caused or contributed to such loss or damage; and

(2) any warranty claims related to goods or services purchased through the Website are expressly excluded.

6.7 You acknowledge and accept that, while we make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting via the Internet has inherent risks and We are not responsible for any unauthorised:

(a) interception, modification or diversion of a transaction request or delivery of products or services;

(b) access or copying of details relating to a transaction (including personal or financial information); or

(c) failure to deliver a product or service, where such failure is not directly caused by our deliberate actions.

6.8 We reserve the right to modify, suspend or cancel any transaction for any reason.

7 Electronic and other communications 

All electronic and other communications you receive from us are subject to the terms of our Privacy Policy.

8 Communications from you

8.1 Members may submit or post comments on different sections of the Website.

8.2 By submitting a comment you grant us a non-exclusive, irrevocable, perpetual, royalty free and worldwide right to use and deal with your comment as if we were the author or creator of the comment.

8.3 You agree that you will not enforce any rights you may have in any comment submitted to the Website and you agree that we may use your comments in any manner which we see fit without your acknowledgement or permission.

9 Cancelling your Membership

9.1 You may cancel your Membership and close your account at any time.

9.2 We reserve the right, without notice to you and at our absolute discretion, to refuse to register your account or to cancel close your account if we believe you:

(a) have breached any part of these User Terms;

(b) are likely to breach any part of these User Terms; or

(c) have acted against our business interests or are otherwise seeking to injure our business reputation or bring out business into disrepute.

9.3 You will not be entitled to recover any membership fees if your account is closed in accordance with this clause.

9.4 Your enrolment in the Just Like Fish swim program is considered ongoing and fees will be charged accordingly. In the event that you wish to cease your lessons 28 days written notice is required to cease this enrolment and fees being charged. You are able to attend lessons during your cancellation period. To cancel click here: Cancel Membership.

10 Our ownership of the Website

10.1 By accessing and using the Website you acknowledge and agree:

(a) we own all right, title and interest in the Website and you will not hinder, impede, invalidate or challenge our ownership or entitlement to use or register any part of the Website in any way, or do any act which may diminish the value of our ownership of the Website and its contents;

(b) any use, downloading, copying, adaption, modification, communication or reproduction of any part of the Website is strictly prohibited unless necessary for and incidental to your access and use of; and

(c) you must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any aspect of the Website.

11 Copyright Infringement 

11.1 If you genuinely believe that any part of the Website infringes your copyright, you must mail a signed copyright infringement notice to us via:

Attention:  Copyright Claims Officer,
Just Like Fish Swim School
PO Box 4045 Kotara East 2305

11.2 We will assess your claim in good faith and notify you of the outcome of our assessment.  You agree that our determination is final and binding and no further correspondence will be entered into.

12 Modifications

12.1 We reserve the right to modify, update or terminate the Website, or any part of the Website, at any time and at our absolute discretion, without notice or liability to you.

12.2 Any change or modification to the Website or to these User Terms are effective immediately upon them being posted on the Website.  If any such change or modification is unacceptable to you, you must not use the Website.  If following any such change or modification you continue to use the Website, goods or services procured via the Website or content available on the Website, then you will be deemed to have accepted those changes or modifications to the Website or these User Terms.

13 Hyperlinks

13.1 We have no control over and are not responsible for the content of any third-party:

(a) site for which a hyperlink is provided or displayed on the Website;

(b) site profiled on the Website; or

(c) advertisements displayed on the Website.

13.2 We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third‑party websites described in this clause.

13.3 Hyperlinks are provided on the Website for your convenience only and may not be current or operational at the time you attempt to access them.  Our use or inclusion of a hyperlink on the Website is not an endorsement, approval or recommendation of the linked website or its content.

13.4 We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements.  Your use of or reliance on any third-party website is entirely at your own risk.

14 Disclaimer

14.1 All content, goods, services or other data contained on the Website is provided as general guidance only and should not be used for any specific purpose or in substitution for specialised independent advice.

14.2 You recognise the limitations of consultations or advice without examination, testing or investigation and never disregard tailored, independent and qualified advice or delay seeking it, because of something you have read on the Website.  A website or article can never be a substitute for an independent consultation.

14.3 If you have a question or concern about the appropriateness or application of anything on the Website you must seek advice from a relevantly qualified business consultant.

14.4 We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of the Website, its content or goods or services available via the Website for any particular purpose or in substitution for proper specialised independent advice.

14.5 We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon the Website or the Website’s inability to meet your needs.

14.6 The use of and reliance upon the Website is entirely at your own risk.  When using the Website information will be transmitted over a medium, which may be beyond our or our suppliers’ control.  Information and files available from the Website cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly.  Although we use our best commercial endeavours to protect your information or other content you may transmit via the Website, we do not warrant and cannot ensure the security of any content or information.

14.7 We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website, which is beyond our control.  For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website.

15 Liability 

15.1 To the fullest extent permitted by law:

(a) all conditions and warranties concerning  (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any goods or services provided by us via the Website and our liability to you is limited to the remedies contained in jye Australian Consumer Law, contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), which you agree is your only remedy;

(b) in no event will we, our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on  be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use , whether arising under statute or in contract, tort or any other legal doctrine, and whether or not we are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;

(c) We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Website; and

(d) remedies under these User Terms are exclusive and are limited to those expressly provided for in these User Terms.

16 General

16.1 To the extent that any part of these User Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these User Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

16.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these User Terms will not be a waiver of any other or of any subsequent breach.

16.3 We will not be responsible or liable for failure to perform any obligation under these User Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.

16.4 These User Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.

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