Website and App Terms and Conditions

Autism Swim – Website and App Terms and Conditions

Welcome to Autism Swim. We provide the Autism Swim eLearning site, the Autism Swim application and related internet services (collectively the Service(s)). The Services are owned and operated by Autism Swim Pty Ltd ACN 614 083 075 (Autism Swim). By accessing and/or using the Services you agree to these Terms and Conditions, which include our Privacy Policy (available at https://autismswim.com.au/privacy-policy/ (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our Services if you do not agree to these Terms.

Autism Swim is an international, multi-disciplinary organisation, combining the expertise of Autism Specialists, Behaviour Specialists, Occupational Therapists and Swimming Instructors to achieve the best possible outcomes for the individuals whom they support.


1. Registration

You must be a registered member to access the App Services.

When you register and activate your account, you will provide us with personal information such as your name and email address. For people registering as a parent/guardian or carer you will provide us with the personal information of the minor such as name. You must ensure that this information is accurate and current. You consent to us handling all personal information we collect in accordance with our Privacy Policy [https://autismswim.com.au/privacy-policy/] including the marketing purposes described in that policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be at least 18 years of age, or have the permission of your parent or guardian to create an account if you are between 14-18 years of age (see below).

If you are under the age of 14 years, you may not create an account or register as a member. If you are 14 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

  • exercise supervision over the Minor’s use of our Services and account;
  • assume all risks associated with the Minor’s use of our Services and their account, including the transmission of content or information to and from third parties via the Internet;
  • ensure that the content and information that the Minor may encounter on our Services are suitable for the Minor; 
  • assume liabilities resulting from the Minor’s use of our Services and their account;
  • ensure the accuracy and truthfulness of all information submitted by the Minor; and
  • provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Services and your account on this basis.


2. Collection Notice

We collect personal information about you in order to provide our Services to you and for purposes otherwise set out in our Privacy Policy at https://autismswim.com.au/privacy-policy/.

We may, on a confidential basis, disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our alliance partners) or as required by law. If you do not provide this information, we may not be able to make the full Services functionality available to you. We may also disclose your personal information (such as name and email address) to recipients that are located outside of Australia, including to our business partners located in the United Kingdom.

Our Privacy Policy explains: (i) how we store, use and disclose, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at hello@autismswim.com.au.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.


3. Accuracy, completeness and timeliness of information

The information contained on our Services is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Services, to the maximum extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information made available on our Services. You should monitor any changes to the information contained on the Services.

To the maximum extent permitted by law, including the Australian Consumer Law, we are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Services or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Services is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time, change or add to the Services (including the Terms) or the information, products or services described in it, by providing you with reasonable notice in the circumstances (via the Services or otherwise via email). If you do not agree to the relevant change or addition that we notify to you, you must immediately cease using the Services and notify us of the termination of these Terms in writing. However, we do not undertake to keep the Services updated. We are not liable to you or anyone else if errors occur in the information on the Services or if that information is not up-to-date.


4. Linked sites

Our Services may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, to the maximum extent permitted by law, including the Australian Consumer Law, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.


5. Unsolicited Information

Autism Swim is based in Australia. No matter where you are located, you consent to the processing and transferring of your information in and to Australia and other countries. The laws of Australia and other countries governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.


6. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Services and in all of the material (including all text, graphics, logos, audio and software) made available on the Services (Content).

Your use of the Services and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Services or the Content. However we do grant you a licence to access the Services and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of the Services or the Content is expressly prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location.

All other use, copying or reproduction of the Services, the Content or any part of it is prohibited, except to the extent permitted by law.


7. No commercial use

The Services are for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within the Services. You may not use the Services, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own.


8. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Services, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of us or any individuals;
  • using the Services to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals; and
  • posting or transmitting to the Services any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. 

If we allow you to post any information to our Services, we have the right to take down this information at our sole discretion and without notice.


9. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Services or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Service will be secure. We reserve the right to restrict, suspend or terminate without notice your access to the Services, any Content, or any feature of the Services at any time without notice and to the maximum extent permitted by law, including the Australian Consumer Law, we will not be responsible for any loss, cost, damage or liability that may arise as a result.

10. Liability

Under Australian law, you may have certain rights including to repair, replacements and refunds that cannot be limited or excluded (and nothing in these Terms seeks to limit or exclude any of these rights). To the maximum extent permitted by law (including the Australian Consumer Law), in no event will Autism Swim will be liable for any indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Services and/or the Content, or as a result of the inaccessibility of the Services and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. Autism Swim’s maximum liability arising out of or in connection with these Terms and the Services, whether in contract, tort, breach of warranty or statutory guarantee or otherwise will be limited at Autism Swim’s sole discretion to:

  • the resupply of the Services to you; or
  • the payment of the cost of having the Services supplied again.

11. Jurisdiction and governing law

Your use of the Services and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.


12. Buy Now and Payment Plans

Individual Certification – Payment Plan available.

Standard Payment Plan for Year 1 Individual Certification is $152 upfront and 11 monthly payments of $29. Total cost over 12 months $471

Standard Payment Plan for Year 2 Individual Certification is $134 upfront and 11 monthly payments of $26. Total cost over 12 months $420

Standard Payment Plan for Year 3 Individual Certification is $116 upfront and 11 monthly payments of $20. Total cost over 12 months $336

Centre Certification – Payment Plan is available.

Standard Payment Plan for Year 1 Centre Certification is $802 upfront and 11 monthly payments of $87. Total cost over 12 months $1757

Standard Payment Plan for Year 2 Centre Certification is $1010 upfront and 11 monthly payments of $52. Total cost over 12 months $1582

Standard Payment Plan for Year 3 Centre Certification is $834 upfront and 11 monthly payments of $39. Total cost over 12 months $1263

Providers purchasing the product under a payment plan are consenting and subscribing to a monthly fee for 12 months.

Discounts may apply to upfront cost of Payment Plan during promotional times. See point 13 on this page for more information.

Payment Plans are arranged directly with AS via email hello@autismswim.com.au


13. Promotions

Acceptance: By redeeming or attempting to redeem an offer, you agree to accept and be bound by these terms and conditions.

Offer Period: Promotions are available for a limited time only, for as long as it is advertised on autismswim.com.au, facebook.com and/or Instagram.com and/or LinkedIn. Autism Swim has the right to cancel or change any promotion at any time without notice and in its sole discretion.

Current promotions:

World Autism Inclusion Month - April 2024

Coupon code - WAIM2024

Details:

-20% off the total RRP of upfront cost of Aquatic and Surfing Certification for Year 1, 2 and 3.

-Discount applies to upfront payment on payment plan. Excludes monthly payments.

-Discount excludes Training Only products.

-May be used in conjunction with Partnership discount for new sign ups only (Year 1).

-Not to be used in conjunction with any other offer.

Partnerships discount

Austswim partnership discount – 20%*

STA UK partnership discount – 20%*

-Discount offered on Aquatics Individual Certification – Buy Now and Aquatics Centre Certification – Buy Now totals.

-Discount offered on Initial Payment of Individual Certification – Payment Plan, and Aquatics Centre Certification – Payment Plan only.

-Discount excludes monthly payments on Payment Plan products.

-Discount excludes Training Only products.

– Not to be used in conjunction with any other offer.

-Discount excludes renewal products and Gold Membership

All prerequisites must be met.

Promotion code to be added upon check-out on Autism Swim’s website.

Conditions: Promotions may be subject to availability. Promotions are not valid for cash or cash equivalent. Offers are non-transferable.

Promotions cannot be applied to previous purchases nor combined with any other offers or discounts unless explicitly noted.

All purchases are subject to Autism Swim standard Terms and Conditions.

Redemption: To redeem an offer during an offer period, enter the advertised redemption code into the coupon code box during the checkout process and the discount and/or complimentary item will be applied automatically to your cart. The promotion is valid for one purchase per user unless otherwise stated.

Changes: Autism Swim reserves the right to vary the terms and conditions of the offer at own discretion.

Offers: Autism Swim may run promotions on autismswim.com.au, facebook.com and/or Instagram.com and/or LinkedIn which are subject to both these Terms and any additional promotion-specific Terms which are incorporated into the advertised promotion. You should ensure that you read the specific conditions that apply to each promotion.