Terms of Agreement
The Swimming in Stones website (www.swimminginstones.com) (the “Website”) is owned and operated by Lisa Tracey Milner (trading as ‘Swimming in Stones: Lisa Milner’) ABN 64 157 891 625 (“SIS” or “We”, as appropriate).
These Terms of Agreement (“Terms”) govern your use of the Website.
By using and/or visiting the Website (collectively, including all content and functionality available through the Website, including but not limited to ordering products or making payments), you signify your agreement to:
a) these Terms; and
By purchasing any products from SIS, in addition to the above you also signify your agreement to the Swimming in Stones product warranty (“Warranty”) (see the “Warranty” link below), and by having them delivered to you, you also signify your agreement to the Swimming in Stones shipping policy (“Shipping Policy”) (see the “Shipping Policy” link below).
Importantly, by using and/or visiting the Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
You may be required to create an account (“User Account”) before you can access certain parts of the Website, or make any purchases.
Placing an order and payment
1. By completing a purchase order for a product on the Website (a “Product”), you are making an offer to purchase the Product at the price set out in the Website. Payment must be made at the time of submitting the purchase order. Payment can be made by credit card securely via PayPal (accepting Visa, Mastercard).
2. You warrant that you are an authorised user of the credit card used to complete payment. All purchase orders placed through this Website are subject to confirmation and acceptance by SIS. We will email you with confirmation of the receipt of your purchase order to the email address provided, and then acceptance by SIS will be upon your receipt of the email confirming dispatch of the Product.
3. SIS may reject your purchase order at any time prior to SIS issuing an acceptance of your purchase order. In those circumstances, SIS will refund any payment made by you.
4. The purchase order must be paid in full immediately at the time of the transaction.
5. All products advertised by SIS (for example on the Website) are subject to availability.
6. Postage / delivery charges are applicable to all orders and are set out in the Shipping Policy.
7. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee - contact your bank or credit provider for details.
8. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider.
9. SIS does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures. SIS reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this agreement that you do not resell the Products to a third party. SIS does not permit the purchase of items for resale. Customers wishing to be a stockist of SIS products must contact SIS directly, where they will be informed of the options available to buy higher quantities.
Your acceptance of these terms and changes to the terms
You will be asked to confirm your acceptance of these Terms during the purchase process by ticking "I confirm that I have read and accept the Terms and Privacy information".
If you have commenced any transaction prior to a change to these Terms, the transaction will be effected in accordance with the Terms in place at the time of the acceptance of your offer by SIS.
From time to time, down-time, either scheduled or unscheduled, may occur. SIS will work within reason to ensure this amount of down-time is limited. SIS will not be held liable for the consequences of any down-time.
Intellectual property and your use of the website
1. SIS hereby grants you permission to access and use the Website as set forth in these Terms, provided that:
i) You agree not to distribute in any medium any part of the Website without SIS’s authorization.
ii) You agree not to access any content provided on the Website through any technology or means other than those provided on the publicly accessible pages of the Website itself.
iii) You agree not to use the Website for any commercial use, without the prior written authorization of SIS. Prohibited commercial uses include any of the following actions taken without SIS’s express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising on the Website or any third-party website; and
- any use of the Website or its related services that SIS finds, in its sole discretion, to use SIS's resources or Website content with the effect of competing with or displacing the market for SIS’s product.
iv) You agree not to use or launch any automated system (including but not limited to “robots”, “spiders”, or “offline readers”), that accesses the Website in a manner that sends more request messages to the SIS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Website, for any commercial solicitation purposes. You agree not to solicit any users of the Website for commercial purposes.
2. Further to the above, you agree that you will use the Website in accordance with these Terms and that you will not use the Website for any unlawful purpose.
3. All content on the Website, including without limitation, the text (including any “Blog” materials), software, scripts, graphics, photos (including any “Gallery” imagery) sounds, music, videos, and the like ("Website Content") and the trademarks, service marks and logos contained therein ("Website Marks"), are owned by or licensed to SIS, and are subject to copyright and other intellectual property rights under the law. Website Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SIS reserves all rights (expressly and not expressly granted) in and to the Website and the Website Content and Website Marks.
4. You may access Website Content solely:
- or your information and personal use; and
- as intended through the normal functionality of the Website and as permitted under these Terms.
5. You agree to not engage in the use, copying, or distribution of any of the Website Content other than expressly permitted herein, including any use, copying, or distribution for any commercial purposes.
6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Website Content or enforce limitations on use of the Website or the Website Content therein.
7. You understand that when using the Website you may be exposed to content from a variety of sources, and that SIS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, or for whatever reason objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SIS with respect thereto, and agree to indemnify and hold SIS, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
1. To the fullest extent permitted by law, SIS, its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the Website, including, but not at all limited to such loss, damage or injury arising out of the following:
(a) using the Website;
(b) purchasing and/or using any products supplied by SIS on the Website;
(c) any errors or omissions from any information on the Website including typographical or photographical errors;
(d) any technical malfunction, error, virus, delay or interference on the Website; or
(e) a failure or omission on the part of SIS to comply with its obligations under these Terms.
2. To the fullest extent permitted by law, SIS and its agents:
(a) do not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained herein or the accuracy, reliability or completeness thereof; and
(b) expressly disclaim all representations and warranties, express or implied, with respect to the products advertised or otherwise featured on the SIS Website.
3. To the extent permitted by law, SIS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction, or unauthorized access to the SIS Website, or for alteration of any information provided by a Website user.
4. You hereby waive and release any and all claims that you may have against SIS, its directors, employees, agents and representatives in connection with, or arising out of, or incidental to, your access to the Website and/or your purchase and/or use of any Products advertised therein.
5. The Trade Practices Act 1974 (Cth) and certain state and territory legislation implies terms, conditions and warranties into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms. If SIS breaches any of these terms then, their liability for the breach is, where permitted by law and at SIS’s election, limited to: (a) in the case of goods supplied or offered by SIS – the repair or replacement of the goods, or supply of equivalent goods, or payment of the cost of doing this; OR (b) in the case of services supplied or offered by SIS – the re-supply of the services or payment of the cost of doing this.
You indemnify SIS, its directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using the Website and/or purchasing and using any products advertised herein.
SIS reserves the right to remove the Website at any time without prior notice. SIS shall not be liable to you for any cost, expense, or damages whatsoever for removing the Website.
If you have ordered a Product but the Website has been removed after your purchase order has been taken, SIS will refund to you any payment you have made prior to the termination of the Website.
In the event of a termination of the Website, the liability and indemnity provisions provided in these Terms will survive such termination, and all rights of SIS granted herein are otherwise reserved.
If any provision of this legal statement shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.