Website and App Terms and Conditions
Autism Swim – Website and App Terms and Conditions
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.
You must be a registered member to access the App Services.
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 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.
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.
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.