Terms & Conditions

SECURITY

AVAILABILITY OF THE WEBSITE

While we use reasonable care and skill to ensure the Website is free from defects and harmful code, Internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software.

In relation to any device which you use to access the Website, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Website.

YOUR CONDUCT

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You agree that you will not, (either yourself or through any third party):

• use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through the Website.
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website.
• Take any action that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or
• Transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses").
• Use the Website in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or other information about other users of the Website or
• Use any data mining, robots, or similar data gathering and extracting tools in connection with the Website.

You must comply with all applicable local, state, National and International laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies. 

YOUR CONTENT

We may permit you to place Content on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication). By submitting Content for potential inclusion in the Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the Content:

• Use, reproduce, modify, sub-licence, redistribute, adapt, transmit, publish, broadcast and display the Content and create derivative works from the Content and
• Sublicence any of those rights to third parties.

You acknowledge that Content that you send to, or attempt to include in the Website, may not reach or be correctly displayed on that Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure.

You must not send any Content or links for inclusion on the Website which are in any way whatsoever:

• Is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity).
• Infringes any third party's copyright, patent, trademark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy.
• Violates any law, statute or regulation, or constitutes, or encourages conduct that would constitute a criminal offense (including prohibitions on spam messages).
• Is defamatory, libelous, unlawfully threatening or unlawfully harassing. Is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent.
• Promotes, directly or indirectly, the use or supply of tobacco products or promotes pharmaceutical therapeutic goods not approved for sale in Australia.
• Impinges on any other user's use or enjoyment of the Website.
• Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.
• Contains any 'prohibited content' or 'potential prohibited content' within the meaning of Schedule 5 of the Broadcasting Services Act 1992 (Cth).

Any Content that you send to, or attempt to include on the Website may be made publicly available to all users of the Website, and may be indexed and cached by search engines. We may or may not monitor and review user Content.  

LINKS

The Website may contain links to third party websites. Our inclusion of these links is not intended to indicate that we sponsor or endorse the operators or Content of linked websites. 

YOUR CONSUMER RIGHTS

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that goods will be of acceptable quality and match their description and that services will be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities. 

TERMINATION AND SUSPENSION

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

LIMITATION OF LIABILITY

Nothing in these Terms of Use is intended to exclude, restrict or modify Your Consumer Rights. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, where lawful we limit our liability to doing any one or more of the following (at our election):

• Resupplying goods or services to you or supplying equivalent goods.
• Repairing the goods or
• Paying to have the goods or services resupplied or goods repaired.

You must notify us without delay of any loss you suffer in connection with this Website or the Content and take all other reasonable steps to minimise your loss.

Subject to Your Consumer Rights, we are not liable:

• For any loss that was not reasonably foreseeable to you and us at the time you first used this Website. For any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity.
• To the extent that your loss was contributed to by your negligence or breach or any other matter outside our reasonable control (e.g. industrial action or third party equipment, networks, viruses or malware) and
• Any loss to the extent contributed to by your negligence or breach. 

COPYRIGHT AND TRADEMARKS

Copyright in the Content on this Website is owned or licensed by us unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted despite these Terms of Use under the Copyright Act 1968 (Cth) or other applicable laws, no Content on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of us or our licensor(s) (as appropriate).

Trademarks used on this Website are owned by us or third parties. You must not use trademarks on this Website except as authorised by the owner or by law. Nothing contained on any of the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks without our written permission or the written permission of the third party owner. 

CHILDREN 

Access to and use of the Website is made available only to people who can form legally binding agreements under applicable law. The Website is intended for a general audience and is not intended to be used by minor children. Children accessing the Website should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Websites, you will be solely responsible for:

1. the online conduct of the Minor;
2. monitoring the Minor's access to and use of the Website; and
3. the consequences of any use of the Website by the Minor.

When redeeming promotional VIP Vouchers and Promo Codes, the discount amount is applied proportionately across each qualifying item purchased. Unfortunately, VIP Vouchers and Promo Codes are non-refundable, so please choose your items carefully when redeeming a voucher/promo code on your order. Any final amount refunded will represent the original price less the apportioned discount amount.

Promo codes can only be used for one transaction per customer. Offer valid on full-priced products only, please refer to the specific offers terms and conditions for full exclusions. Discount is only valid for 30 days from email receipt. When redeeming promotional VIP Vouchers, competition prizes won or voluntarily delivered by Speedo Australia or its partner(s), and Promo Codes, the discount is applied proportionately across each qualifying item purchased. To confirm validity at Speedo retail stores in Australia or online at speedo.com.au please refer to the specific offer or competitions terms and conditions.