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WEBSITE TERMS OF USE
This website is owned and operated by THE BEACHWAVER CO AUSTRALIA PTY LTD, Australian ACN 611 641 288, and its related body corporates (as defined in the Corporations Act 2001 (Cth)) (“Beachwaver,” “we” or “us”).

These terms explain how you are permitted to use the website located at the URL: https://www.beachwaver.com.au/ and all other Beachwaver sites where these terms are posted (each, a "site"), and services associated with the sites (“services”).

By using a site or any service, you are agreeing to all of these terms. If you do not agree with any of these terms, do not access or otherwise use any site, any services made available through the sites or mobile applications or any information contained on the sites or in mobile applications.

General Use
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the site and services and is compatible with the site and services.

By using our website, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the website with the consent of your legal guardian or parent and that your legal guardian or parent agrees to these terms on your behalf. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these terms and to fully indemnify and hold harmless Beachwaver if the Minor breaches any of these terms. Our site is intended for a general audience and no portion of the website is directed specifically to children under 13. If you are not at least 13 years old, you may not use our site at any time or submit any information to Beachwaver.

User Generated Content
When you post content on Beachwaver’s site, you retain ownership of your content and grant to Beachwaver a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You also give us permission to show your username and profile picture without any compensation to you. Our usage may be commercial and in promotion of Beachwaver products. Any and all platforms and media are included.

Intellectual Property
We highly value intellectual property in all of its forms. Beachwaver provides content through the site that is copyrighted and/or trademarked work of Beachwaver, Beachwaver’s third-party licensors and suppliers, or other users of the website (collectively, the “Materials”). Materials may include text, graphics, logos, button icons, images, audio clips, digital downloads, videos, software, other content, and data compilations — both individually and as they are compiled on the site. Subject to these terms, Beachwaver hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the sites solely for your personal use. Except for this license, you have no other rights in the site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any site, mobile application or Materials in any manner. If you own the rights to an image or other copyrighted information shown on our site, please contact us at info@beachwaver.com.

The Materials may not be used without advance written permission. Trademarks include but are not limited to the Sarah Potempa, Inc. name and any associated logos, the Beachwaver Co. name and any associated logos, other graphics, logos, page headers, button icons, scripts, and service names of Sarah Potempa, Inc. products, services, and programs, and those of our vendors. All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Beachwaver or our vendors.

Privacy Policy
You acknowledge and agree that Beachwaver will collect, store, use your personal information in accordance with Beachwaver’s Privacy Policy. 

Disclaimer of Liability
Subject to the Australian Consumer Law (as outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other laws in Australia that cannot be excluded:

  • Beachwaver, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees of any kind in connection with the sites, the services, or any Materials, or relating to the quality, suitability, truth, accuracy or completeness of any information contained or presented on the site
  • Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the sites, the services, the Materials, and any information contained or presented on the sites and/or mobile applications is provided to you on an “as is,” “as available” and “where-is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, and
  • Beachwaver does not provide any warranties against viruses, spyware or malware that may be installed on your computer, and Beachwaver will not be liable to you for any loss or damage whatsoever that arises from any interference with or damage to your computer in connection with your use of our sites or a linked website.

Disclaimer of Medical Liability
You understand and agree that the site, services, and any Materials do not provide medical advice. Reliance on any information provided is solely at your own risk. These sites, services and any Materials are for informational purposes only. The information provided is not intended as a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of content presented on the sites or mobile applications. If you have a medical emergency, call your doctor or 000 immediately. As set forth more fully below, to the extent permitted by law, Beachwaver will not be liable for any direct, indirect, consequential, or special damages arising from the sites, services and any Materials.

Limitation of Liability
Subject to the Australian Consumer Law (as outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other laws in Australia that cannot be excluded:

  • Beachwaver will not be liable to you for any damages resulting from your use of the site or any services, or from your displaying, copying, or downloading any materials to or from the sites or mobile applications
  • In no circumstance will Beachwaver be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, consequential or other damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if Beachwaver knows or should have known that there is a possibility of such damage, and
  • Beachwaver limits its liability to the following:
    • In the case of the supply of goods, one or more of the following at Beachwaver’s discretion:
    • The replacement of the goods or the supply of the equivalent goods
    • The repair of the goods
    • The payment of the cost of replacing the goods or of acquiring equivalent goods, or
    • The payment of having the goods repaired
    • The refund of the cost of the goods, and
    • In the case of services, one or more of the following at Beachwaver’s discretion:
    • The supplying of the services again
    • The payment of the cost of having the services supplied again, or
    • The refund of the cost of the services.

Nothing in these terms limits, excludes or modifies the statutory consumer guarantees as provided under the Australian Consumer Law (as outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other laws in Australia that cannot be excluded.

Applicable laws
Your use of the site 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.

Beachwaver controls and operates the site from its offices in Australia and its affiliated companies in the United States of America. The site, mobile applications, and Materials may not be appropriate or available for use in other locations. If you use the site, mobile applications, or services outside Australia, you are solely responsible for following applicable local laws.

Termination
Beachwaver reserves the right to terminate your access to the site if we determine that you are violating the terms of this Agreement.