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Terms and Conditions

 

Last updated: 1/01/2026

This document outlines the terms and conditions ("Terms") governing your access to and use of the website ("Service"), operated by Hibiscus Swimwear.

 

1. Introduction

These Terms and Conditions govern your use of the Service. By accessing or using the Service, you agree to be bound by these Terms and Conditions, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Service are protected by applicable copyright and trademark law.

 

2. Acceptance of Terms

By accessing or using the Service, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Service. Your continued use of the Service following the posting of revised Terms and Conditions means that you accept and agree to the changes.

 

3. User Eligibility

The Service is intended for users located in . Access to the Service from territories where its contents are illegal is prohibited.

 

4. User Responsibilities

  • You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service.

  • Prohibited behaviour includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Service.

  • You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

  • You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored, or any server, computer, or database connected to our Service.

  • You are responsible for ensuring that any content you submit to the Service complies with all applicable laws and does not infringe any third-party rights.

 

5. Intellectual Property

All content on the Service, including text, graphics, logos, images, audio clips, digital downloads, and software, is the property of the Company or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on the Service is the exclusive property of the Company and protected by Australian and international copyright laws. All trademarks, service marks, and trade names are proprietary to the Company.

 

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as generally and ordinarily permitted through the Service's functionality.

 

Any content you upload to the Service will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Service a limited licence to use, store, and copy that content and to distribute and make it available to third parties.

 

6. Account Creation and Security

To access certain features of the Service, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during the registration process.

  • Maintain the security of your password and identification.

  • Be fully responsible for all activities that occur under your account.

  • Notify us immediately of any unauthorised use of your account or any other breach of security.

The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

7. Privacy and Data Collection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to our collection and use of personal data as outlined in the Privacy Policy. We are committed to protecting your data in accordance with Australian privacy laws.

 

8. Disclaimers and Limitation of Liability

The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. The Company does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

 

To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

In no event shall the Company, its affiliates, or their respective directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

 

9. Termination

We may terminate or suspend your access to all or part of the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms and Conditions. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of , Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in , Australia, for the resolution of any disputes.

 

12. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

hello@hibiscusswimwear.com.au

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