Terms of Use

Zoggs Australia & New Zealand

Welcome to the Zoggs Australia & New Zealand website. We ask all our visitors to read our Terms of Use carefully.

This Website has been developed by Zoggs Australia Pty Ltd (“Zoggs Australia”), and all rights, including copyright, in the content of the Zoggs.com.au web pages are owned or controlled by Zoggs Australia. If you have any comments or queries relating to this Website, please contact us at:

sales@zoggs.com.au or by mail to the following address:

Website Administrator, Zoggs Australia Pty Ltd. Locked Bag 5013, Frenchs Forest, NSW 2086.

You (“the User”) are invited to use www.zoggs.com.au (“the Website”) on the basis of the terms of use set out below.

  1. By entering the Website and using its features you are deemed to have read and accepted these Terms of Use. If you do not accept these Terms of Use or any part of them, you should not enter or use the Website.
  2. Zoggs Australia may modify or update these Terms of Use from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms of Use.

If Zoggs Australia makes a change to the Terms of Use, it will be posted at the top of this page together with the date of the change, so all updates can be easily identified.

The Features

The Website may offer the following features to the User: product information, stockist information, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files. Not all features will be always available; all are uploaded and updated at the discretion of Zoggs Australia.

Conditions of Using Features on the Website

The User agrees to use the features in this Website in good faith and in the spirit in which they are made available. In particular the User agrees:

  • Not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or insensitive, or otherwise unlawful.
  • Not to use features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of Zoggs International, Zoggs Australia, any User, or any other third party.
  • If you as a User or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the Website Administrator as soon as possible on the above information found in this section.

If Zoggs Australia is informed of, or has any reason to believe that any of the features on the Website are being used by a User other than in accordance with these Terms, Zoggs Australia reserves the right to suspend or permanently prevent access by the User to the Feature and shall have no liability to the User whatsoever in such event.

Sending Information to Zoggs Australia

Zoggs Australia will eagerly receive from the User any ideas, suggestions, graphics, pictures or files relating to the Website’s content, however the User agrees by sending Zoggs Australia such material that all interest in it is assigned to Zoggs Australia, and, depending on which law applies, Zoggs Australia will either own the material sent via this site or the User will be deemed to have granted Zoggs Australia a non-exclusive and perpetual license to use it.

Therefore all stories, comments, suggestions, ideas, graphics or other information sent to Zoggs Australia are automatically deemed to be either the property of Zoggs Australia, or can be used by Zoggs Australia as reasonably seen fit. This includes using it for promotional, marketing or any other commercial purpose, whether for advertising, developing, manufacturing or marketing products. Under no circumstances is the User entitled to any payment if Zoggs Australia uses submissions for any purpose, including for those outlined above.

Privacy Policy

The Privacy Policy located on this Website is for the purpose to communicate to the User what personal information is collected at this site, how it is handled and for what purposes it is used. It is the responsibility of the User to be aware of information and clauses under this policy.

Website Content – Accuracy and Permitted Use

  • Zoggs Australia makes every effort to ensure that the content of the Website is accurate and up-to-date, but do not offer any warranties – whether express, implied or otherwise – as to the reliability, accuracy or completeness of the information appearing on the Website.
  • Zoggs Australia may remove any information, material or Features from the Website at its own discretion and without notice.
  • You as the User are permitted to use the material that is displayed on the Website as expressly authorised by Zoggs Australia under these Terms.
  • This Website is intended to provide amongst other things, information relating to Zoggs Australia products and services and is designed for personal, non-commercial use only. Any other use is in breach of these Terms.
  • Users may not use this Website, or any of the material appearing on the Website, to further any commercial purpose, including but not limited to advertising, or to promote or encourage traffic to any other Website.

Intellectual Property Rights

  • The User acknowledges and agrees that all copyright, rights in data, databases, trademarks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”), shall remain at all times vested in Zoggs Australia in conjunction with Zoggs International and is protected by copyright and other laws and international treaty provisions.
  • The User may not, other than in accordance with these Terms, modify, copy, distribute, transmit, display, redistribute, reproduce, publish, license, show or play in public, download, commercially exploit, create derivative works from, transfer or sell – in whole or in part – the Website or any of the Intellectual Property Rights relating thereto, without first obtaining express written permission from Zoggs Australia to do so.
  • All trademarks appearing on the Website are owned by Zoggs Australia in conjunction with Zoggs International and nothing contained in this Website shall be construed as conferring by implication or otherwise any license or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms.

Limitation of Liability

  • The User accepts that this Website is offered on an “as is” and “as available” basis.
  • While Zoggs Australia takes all reasonable steps to ensure that the Website is properly functioning at all times, it can not and does not guarantee that this Website will be uninterrupted, timely, secure or error-free, that defects will be immediately corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects out of the immediate control of Zoggs Australia or its suppliers.
  • Zoggs Australia has no control over, and disclaims all responsibility for any content the User encounters, or events which may occur as a result of their use of the Features and Zoggs Australia shall not be liable for any damages or other losses of any type whatsoever incurred by the User as a result of use of the Website or its Features.
  • Zoggs Australia does not exclude liability for death or personal injury. However, by accepting these Terms of Use, the User accepts that Zoggs Australia cannot be liable for any loss or damage suffered as a result of visiting this Website or making use of the Features or information available on the Website. The User must take their own precautions, including but not limited to installing adequate protective measures to guard against software viruses and ensuring that up-to-date copies of all data are retained, to protect themselves against loss or damage.

Governing Law

  • These terms and your use of this Website shall be governed by and construed in accordance with Australian Law.
  • By accepting these Terms and using the Website or the Features, the User accepts that any dispute under these Terms or arising out of use of this Website shall be subject to the exclusive jurisdiction of the Australian judicial system and by using this Website, the User hereby submit to the jurisdiction of such courts for such purposes, and accords to waive any and all objections to jurisdiction or venue in such courts.
  • This Website is not intended for use by any person or company in any jurisdiction other than Australia and its territories. Those who choose to use or access this Website from other jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with their local laws, to the extent where any such local laws may be applicable.

© 2014 Zoggs Australia Pty Ltd. All Rights Reserved.

Disclaimer

The content on this site, including news, programs, services, data and other information, is provided by Zoggs Australia Pty Ltd and its third party content providers for the personal information of its Users only, and is not intended for trading purposes. Content on this site is not appropriate for the purposes of making a decision to carry out a transaction or trade. Nor does it provide any form of advice relating to activity that the User should conduct without prior advice of a doctor.

Zoggs Australia Pty Ltd accepts no responsibility for any accident or injury amounting from any activity undertaken when using any Zoggs or Swim4Fitness™ products and/or initiatives.