Terms & Conditions
Please read the terms and conditions displayed before using the barrbodyandswim.com.au website. By using the barrbodyandswim.com.au website, you are deemed to have read the terms and conditions and be bound by them, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
This website is operated by Barr Body & Swim. Throughout the site, the terms “we,” “us,” and “our” refer to Barr Body & Swim.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
PRIVACY
Please review our privacy policy, which governs this website, to understand how these are applied.
CONDUCT
This website has been developed for use by customers and intended customers. You agree not to use the website in any way that causes or is intended to cause access or the website to be damaged, interrupted, or impaired in any way, including but not limited to:
– Causing annoyance or nuisance inconvenience or mischief
– Fraudulent purposes or in connection with unlawful or criminal activity
– Breach of copyright, trademarks, confidence, privacy, or any other right
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Barr Body & Swim, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Barr Body & Swim and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
CONTRACT
When you place an order to purchase a product from Barr Body & Swim, we will send you an email confirming receipt and details of your order. Our acceptance of this offer to purchase will be at the time we dispatch that product to you and a confirming email in this regard is sent. The acceptance will be complete at this time. It is agreed at the time you place an order it is your intention to enter into a contract with Barr Body & Swim.
PRICING & AVAILABILITY
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
While we use our best endeavors to fulfill such orders, we cannot be held responsible if the products are not available at a given point in time. It is further noted that dispatch times indicated are a guide and are not guaranteed dispatch times and should not be relied upon as such.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear on the site. However, as computer monitors vary, we cannot guarantee that Your monitor’s display of any color will be completely accurate.
THIRD PARTIES
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content
CONSENT
Barrbodyandswim.com.au assumes all sales are made to persons over the age of 18. If you are under 18, you need to have the involvement of a parent or guardian.
PAYMENT
Payment is only accepted by means displayed on the Payments page at Checkout. We are unable to process any other payment forms.
ALTERATIONS TO TERMS & CONDITIONS
We reserve the right to make changes to our website, policies, terms, and conditions at any time.
WAIVER
Should you breach any terms or conditions, and we take no action against you, we shall be entitled to invoke our rights and remedies in any other situation where you breach these conditions.
GOVERNING LAW
The above terms and conditions are governed by the laws applicable to the state of Queensland in Australia. Both parties submit to the non-exclusive jurisdiction of the Queensland Courts.
GENERAL
We reserve the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern Your relationship with Us with respect to that Order.
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by Us to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Us does not prelude its future exercise or the exercise of any power or right.
The laws of Queensland, Australia govern this agreement. Your transaction is deemed to have taken place in Queensland.
Barr Body & Swim is committed to protecting the privacy of customers’ information. We take all reasonable steps to follow practices and procedures that:
– Ensure we comply with the Australian Privacy Principles (APPs) and any privacy code applying to us; and
– Allow us to deal with inquiries and complaints about our compliance with the APPs and any applicable privacy code.
We may update this Privacy Policy from time to time, so we suggest you check the policy regularly to make sure you have up-to-date information.
Barr Body & Swim is committed to protecting the privacy of customers’ information. We take all reasonable steps to follow practices and procedures that:
– Ensure we comply with the Australian Privacy Principles (APPs) and any privacy code applying to us; and
– Allow us to deal with inquiries and complaints about our compliance with the APPs and any applicable privacy code.
We may update this Privacy Policy from time to time, so we suggest you check the policy regularly to make sure you have up-to-date information.
If you are under sixteen, you must get permission from your parent or guardian before you:
– Complete any forms, questionnaires or surveys for us; or
– Accept any special offers or make any purchases from us.
1. WHY WE NEED TO COLLECT PERSONAL INFORMATION
Under the Privacy Act 1988 (Cth), ‘personal information’ means “information or an opinion about an identified individual, or an individual who is reasonably identifiable”.
The information/opinion does not have to be recorded in writing or be true.
We collect personal information from customers so that we can:
– Provide online shopping services;
– Provide bespoke clothing;
– Make style and size recommendations;
– Review, assess, and improve our products and services;
– Research and develop new products;
– Market our products and services; and
– Analyze and predict customer behavior
– Provide introductions and collaboration opportunities with other brands and concepts
– Suggest competition and social engagement opportunities.
2. HOW WE COLLECT PERSONAL INFORMATION
We collect personal information directly from you when you:
– Fill in a form on www.barrbodyandswim.com
– Make a purchase from us or take advantage of one of our special offers.
When you visit www.barrbodyandswim.com, information relating to your visit and how you use the site may be collected (e.g., your IP address, the web pages you visit, and the length of your visit). Some of this may be personal information. We may use a third party service provider to collect and store information about the use of our website(s). That third party may use cookies to provide its services (see “About Cookies” in section 11).
3. THE KINDS OF PERSONAL INFORMATION WE COLLECT
We may collect:
– Your name, age, and email address;
– Your billing and shipping addresses;
– Your account log-in details (including password);
– Information about your purchases (including sizes and colors ordered);
– Images (of you or otherwise) that are uploaded to our Instagram Gallery or social media channels and electronic newsletters that we distribute; and
– Your credit or debit card details when buying from us online.
When you use a credit or debit card to buy from us online, your details are automatically transferred to a third party website for payment processing. Note that the privacy policy of the payment processor will apply to the card information you supply when completing the transaction.
4. HOW WE USE YOUR PERSONAL INFORMATION AND WHO WE DISCLOSE IT TO
We use your personal information to:
– Provide our services to you (including our online shopping and bespoke clothing services);
– Make style and size recommendations to you;
– Respond to any inquiries or complaints you may make;
– Review, assess and improve our products and services;
– Research and develop new products;
– Carry out direct marketing and social media marketing activities (including posting); and
– Help us analyze and predict consumer behavior (but only where the information is aggregated and anonymous).
MARKETING CONSENT AND OPT OUT
By agreeing to our website terms and conditions, you are consenting to us using your personal information for direct marketing and social media marketing. At any time, you can request us to stop sending you marketing communications. Simply email Barrbodyswim.com.au
DISCLOSURE TO THIRD PARTIES
We do not sell or rent our customers’ names, addresses, email addresses or other personal information to third parties. We will only disclose your personal information as permitted by the APPs and as described in this Privacy Policy. We may disclose your personal information to: (a) a company that is “related “to us under the Corporations Act 2001(Cth) (but only for one of the purposes listed at the beginning of this section 4); (b) third parties we engage to help us provide our products and services, or to improve them (e.g. website designers and technical support providers); (c) third parties that provide us with marketing and advertising services (e.g. providers of electronic mailout services); (d) selected third parties who have agreed to work with us to make a joint product/service offering to you, and who are under strict contractual obligations to treat your personal information confidentially); and (e) a third party that is taking over the assets or operations of one or both of us.
CONSENT TO DISCLOSURES
By agreeing to our website terms and conditions, you are consenting to us making the disclosures in (a)-(e) above. Without your consent to these disclosures of your personal information, we will unfortunately be unable to provide you with our online services.
5. DISCLOSURE OUTSIDE AUSTRALIA
We may transfer and store your personal information outside of Australia. We only do so as permitted by the APPs and as described in this Privacy Policy. We will take reasonable steps to protect your personal information where overseas disclosure is required.
6. HOW TO ACCESS AND CORRECT PERSONAL INFORMATION
You can access and correct the personal information by logging into your account via www.barrbodyandswim.com.au using your account email address and password you created.
CORRECTION
If you request us to correct personal information we hold about you, we will take reasonable steps to make the correction so that, taking into account the purpose for which we hold the personal information, the information is accurate, up-to-date, complete, relevant and not misleading. If:
– We make a correction to personal information about you; and
– Before making the correction we had disclosed the information to another entity that is covered by the APPs; and
– You request us to notify the other entity of the correction, we will take reasonable steps to give that notification, unless it is impracticable or unlawful for us to do it.
REFUSALS
If we refuse to:
– Allow you access to the personal information we hold about you; or
– Give access in the manner you request; or
– Correct personal information about you as you request, we will write to you explaining at least:
– The reasons for our refusal (unless it would be unreasonable for us to give them); and
– How you can complain about the refusal. If we refuse to correct personal information as requested by you, you may request us to associate with the information a statement that it is inaccurate, out-of-date, incomplete, irrelevant or misleading. We will then take reasonable steps to associate the statement with the information in a way that makes the statement apparent to users of the information.
7. HOW TO COMPLAIN ABOUT OUR TREATMENT OF YOUR PERSONAL INFORMATION
You can complain about a breach by us of the APPs or a registered privacy code by emailing support@barrbodyandswim.com.au, Initially, your complaint will be handled by our Customer Service Team, following established protocols for the particular type of complaint. If no handling protocol exists for your complaint, it will be referred to the relevant general manager for follow-up.
8. SECURITY
We will take reasonable steps to protect the personal information:
– Misuse, interference, and loss; and
– Unauthorized access, modification, or disclosure.
We make every effort to follow industry standard security measures for personal information under our control. All financial information is encrypted during transmission, and we self-certify against industry security standards for payment processing. Only authorized staff and consultants have access (on a restricted basis) to the personal information we collect. We regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although we endeavor to protect information you transmit to us, we cannot ensure or warrant the security of that information, and you transmit it at your own risk. You may be able to configure your browser to advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted). Once we receive your transmission, we take reasonable steps to protect the information on our own systems. For more information, you might like to refer to the OAIC Guide to Information Security, at: http://www.oaic.gov.au/privacy/privacy-resources/privacy-guides/guide-to-information-security
ACCOUNT DETAILS
When registering on www.barrbodyandswim.com.au, you will receive account details including a password of your choice. You are responsible for maintaining the confidentiality of your password and other account details. You are also fully responsible for all activities that occur on your account or involve the use of your password.
9. WHAT HAPPENS IF YOU DON’T PROVIDE THE PERSONAL INFORMATION WE REQUEST
If you do not provide personal information as requested by us, we may not be able to respond to an inquiry or provide some or all of our online services (including but not limited to our digital printing services).
10. DESTRUCTION AND DE-IDENTIFICATION OF PERSONAL INFORMATION
We will take reasonable steps to destroy or de-identify personal information if:
– We no longer need to use or disclose the information in any of the ways we are entitled to use or disclose it under the APPs; and
– We are not legally required to keep the information.
11. OTHER MATTERS
UNSOLICITED INFORMATION
If we receive unsolicited personal information about you, which we would not have been entitled to collect under the APPs, we will destroy or de-identify that information if it is lawful and reasonable for us to do so.
ABOUT COOKIES
Web pages on www.barrbodyandswim.com.au may use ‘cookies’. These are small files that are placed on your hard disk for data-collection purposes. Like an IP address, a cookie helps a website remember who you are. Cookies can make your subsequent visits to a website more seamless. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. However, by not accepting cookies, some web pages may not display properly or you may not be permitted to access certain information.
GOVERNMENT-RELATED IDENTIFIERS
We will not adopt, use or disclose any identifier that has been issued by a government or government agency in relation to any individual or personal information.
COPIES OF PRIVACY POLICY
If a person or entity requests a copy of this Privacy Policy in a particular form, we will take reasonable steps to comply with that request.