Terms of service

Overview

Welcome to Hey Beach. The website http://www.heybeachswim.com, inclusive of any subdomains and related sites, and its associated features and mobile applications (“Site”) is owned and operated by Hey Beach Pty Ltd (“Hey Beach”, “Hey Beach Swim”, "we", "our", "us").

These Terms and Conditions (“Terms”) govern your use of our website, and the supply of any products or services ordered by you on the Site and your use of the Site. By accessing or using our Site, you agree to be bound by these terms. If you do not agree to these terms, please do not use our Site.

We may update these Terms and Conditions from time to time. Any changes will be effective immediately upon posting. Your continued use of the website following any updates constitutes your acceptance of the revised terms. It is your responsibility to review these terms periodically.

Disclaimer

The Site and its content are provided "as is" and without warranties of any kind, either express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted or error-free or that any defects will be corrected. We make no warranties regarding the accuracy or completeness of the information on the Site. Your use of the Site is at your own risk.

Limitation of Liability

To the fullest extent permitted by law, Hey Beach Pty Ltd, its affiliates, officers, directors, agents, and any other parties involved in creating or delivering the Site will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, including damages related to viruses or inaccuracies, even if we were advised of the possibility of such damages.

Your Obligations

You must ensure that your access to the Site is not illegal or prohibited by applicable laws. You are responsible for protecting your own computer system from viruses and other harmful components. You must not misuse our Site, including hacking or disrupting operations. You agree to indemnify us against any claims arising from your failure to comply with these terms.

Intellectual Property

All materials featured on our website, email, and social media, including swimwear designs, products, and services, are protected by copyright law and owned by Hey Beach Pty Ltd. Unauthorized copying, modification, or use of our materials found on our website, social media, or email is strictly prohibited, and any infringement may result in legal action. Written permission must be sought to use any content/material found on the website, emails, or social media. Media requests should be directed to us via the contact page to request a media kit and other sharable information/assets.

Section 1: Online Store Terms

By using our Site and purchasing our products, you confirm that you are at least 18 years old or have parental consent. You agree to comply with all applicable laws and regulations, and not to use our products for any unlawful purpose. You agree not to transmit harmful code, including viruses, and understand that a breach of these terms may result in immediate termination of access to our services.

Section 2: General Conditions

We reserve the right to refuse service to anyone at our discretion. Content provided on our Site may be transferred over various networks and modified to comply with technical requirements. You may not reproduce, duplicate, copy, sell, resell, or exploit any part of the service without our express written permission. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

Section 3: Accuracy of Information

We strive to ensure the accuracy and currency of information on our Site. However, we do not warrant that any information is accurate, complete, or current. Reliance on the materials on our Site is at your own risk. We reserve the right to modify Site content at any time without obligation to update any information.

Section 4: Modifications to the Service and Prices

Prices for products are subject to change without notice. We reserve the right to modify or discontinue any part of our service or products without notice. We shall not be liable for any changes or discontinuations of the service or products.

Section 5: Products and Services

Our products are available exclusively online via our Site. We cannot guarantee that product colors and images are accurately displayed on your monitor. We reserve the right to limit sales and quantities of products and to discontinue any product at our discretion, subject to our shipping and return policies.

Section 6: Accuracy of Billing and Account Information

We reserve the right to refuse or cancel any order at our discretion, including limiting quantities purchased per person or household. You agree to provide current and accurate information for all transactions and promptly update any changes. We also reserve the right to prevent purchases from known high-fraud-risk IP addresses. For details, please refer to our Returns Policy.

Section 7: Optional Tools

We may provide access to third-party tools that we do not monitor or control. You acknowledge and agree that we provide access to such tools "as is" and "as available." We are not liable for any issues arising from the use of these tools.

Section 8: Third-Party Links

Our Site may contain links to third-party websites. We do not endorse or assume responsibility for the content or practices of these websites. Any interactions with third-party sites are at your own risk.

Section 9: User Comments and Feedback

By submitting content or feedback, including reviews, testimonials, and any written, photo, or video content, you grant us a perpetual, royalty-free, and worldwide license to use, modify, and publish such content. We are not obligated to keep any submissions confidential or to compensate for them.

Section 10: Personal Information

Your submission of personal information is governed by our Privacy Policy. Please review this policy to understand how we handle your personal data.

Section 11: Errors and Omissions

We are not responsible for any inaccuracies or errors on our Site. We reserve the right to correct any errors and update information as needed.

Section 12: Prohibited Uses

You may not use our Site for any unlawful purposes, including infringing on intellectual property rights, transmitting malicious code, or collecting personal information unlawfully.

Section 13: Disclaimer of Warranties; Limitation of Liability

Our Site and services are provided "as is." We do not warrant that the Site will be uninterrupted or error-free. We are not liable for any direct or indirect damages resulting from the use of our Site or services.

Section 14: Indemnification

You agree to indemnify and hold Hey Beach Pty Ltd, its directors, shareholders, contractors, associates, affiliates, and agents harmless from any claims, damages, or expenses arising out of your use of our Site or breach of these Terms.

Section 15: Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

Section 16: Termination

We may terminate your access to our Site at any time without notice. Termination does not affect any liabilities incurred prior to termination.

Section 17: Entire Agreement

These Terms constitute the entire agreement between you and Hey Beach Pty Ltd regarding your use of our Site and supersede any prior agreements.

Section 18: Governing Law

These Terms are governed by the laws of Australia. Any disputes will be resolved in the courts of Australia.

Section 19: Changes to Terms of Service

We may update these Terms from time to time. It is your responsibility to review them periodically. Continued use of our Site constitutes acceptance of any changes.

Section 20: Contact Information

For any questions about these Terms, please contact us at support[at]heybeachswim.com