Terms of service

TERMS AND CONDITIONS

OVERVIEW

This website is operated by Tally Swim. Throughout the site, the terms “we”, “us” and “our” refer to Tally Swim. Tally Swim offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, customers, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features or tools added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

1. ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3. PRODUCTS AND PRICING

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue products or services without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy

We make every effort to display as accurately as possible the colors and images of our products that appear on the store. However, we cannot guarantee that your device’s display of any color will be accurate.

4. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, or orders using the same billing/shipping address.

You agree to provide current, complete, and accurate purchase and account information for all transactions. You agree to promptly update your account and other information, including email address and payment details, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy

5. THIRD-PARTY LINKS

Certain content, products, and services available via our website may include materials from third parties.

We are not responsible for examining or evaluating the content or accuracy of third-party websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

6. USER COMMENTS AND FEEDBACK

If you send creative ideas, suggestions, proposals, plans, or other materials (collectively, ‘comments’), you agree that we may use, edit, copy, publish, and distribute such comments without restriction.

We are under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, or otherwise objectionable.

7. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy

8. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice.

9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.

You agree that your use of the service is at your sole risk. The service and all products delivered to you through the service are provided ‘as is’ and ‘as available,’ without any representations, warranties, or conditions of any kind.

In no case shall Tally Swim, our directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any loss, claim, or damages of any kind arising from your use of any product purchased through our store.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Tally Swim and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees, from any claim or demand, including reasonable legal fees, arising from your breach of these Terms or your violation of any law or rights of a third party.

11. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Australia.

12. CHANGES TO TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. Your continued use of our website following the posting of any changes constitutes acceptance of those changes.

13. CONTACT INFORMATION

Questions about the Terms of Service should be sent to hello@tallyswim.com.