Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOU HAVE ACKNOWLEDGED YOUR ACCEPTANCE BY USING THIS SITE.

Rights
The content of this web site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music, and sound. The selection, coordination, arrangement, and enhancement of such content, as well as in the content original to SwimEEZY are protected by copyright. All rights are reserved. Use of any of our trademarks, service marks, or names as metatags on other web sites is prohibited.

You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content on this web site, nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from this web site without the express prior written permission of SwimEEZY. You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from this web site.

Content
Content on this site is SwimEEZY's proprietary information or the proprietary information of the party that provided the information to us. SwimEEZY or such other parties retain all rights, title, and interest in that material and content. You may not copy, distribute, republish, upload, post, or transmit this content without getting our approval in writing first. If you modify or use the site in ways that SwimEEZY has not approved in writing, you violate our intellectual property rights.

Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.

Promotions

Any contest, or similar promotion made available through the SwimEEZY site may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. SwimEEZY urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.

Governing Law
These Terms of Use will be governed and interpreted pursuant to the laws of South Africa, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in Johannesburg, South Africa in connection with any dispute between you and us. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of or relating to these Terms of Use will be in the magistrate's court Johannesburg, South Africa. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they apply. SwimEEZY may revise these Terms of Use at any time.

SECURITY

SwimEEZY protects your online order and registration information by using Secure Sockets Layer (SSL) technology. If you place an order through the web site, or that of our payment vendors, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password in order to access account information. In order to protect your personal information further, you should be careful about providing your password to others.

Money matters
All prices shown on this site are subject to change without notice. Prices stated at beginning of shipment apply.  SwimEEZY arranges for shipment of products purchased on the site, but we are not liable for delays in shipments as shipping schedules are estimates and cannot be guaranteed. All payments (including shipping and handling charges) must be received by SwimEEZY prior to shipping.

Important sales tax notice
SwimEEZY is required by law to collect VAT on shipments to states where SwimEEZY and its affiliates maintain a place of business or have a business relationship. These taxes are added to your order., or included in the price where applicable. WE do not charge sales tax on the purchase of Online Gift Certificates. However, items purchased with Online Gift Certificates will be taxed if shipped within South Africa, or where SwimEEZY and its affiliates maintain a place of business or business relationship.

Colours
SwimEEZY displays colors of our products on our site as accurately as we can, but the actual colour you see depends on the accuracy of your own monitor, which we cannot guarantee.

EACH OF THESE LIMITED WARRANTIES IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES MADE TO YOU, EXPRESS OR IMPLIED, AND SwimEEZY HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SwimEEZY WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF A PRODUCT.

To obtain information about or to make a claim concerning performance of a warranty obligation you must contact SwimEEZY by phone at +27 11 622 0901 (South Africa) or 1.781.269.4770 (USA) or by mail at the following addresses: SwimEEZY SA, 82 Van Der Linde Road, Bedfordview, 2007, South Africa or sales@swimeezy.com.

Miscellaneous
SwimEEZY shall not be in default if this site is rendered unusable or if delivery is delayed or rendered impossible by forces of nature, war, acts of terrorism, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, Internet or telecommunications failures, other industrial disturbances, or any other cause beyond our reasonable control. SwimEEZY may revise or modify products, product information or pricing without notice. SwimEEZY is not responsible for typographical errors or inaccuracies and information that may not be complete or current. SwimEEZY.com is an independent contractor.

27 April 2012

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