Conditions of Use

Please read the following Terms and conditions carefully. Swallow Globe Online Store, currently located on the Internet at http://www.swallow-globe.com.au/eshop (the "Site") is an online information and communication service, operated by Swallow Globe Online Store, ("Swallow Globe Online Store"). Swallow Globe Online Store provides its service to you, subject to the following Terms and Conditions of Service ("Terms of Service"). By using Swallow Globe Online Store's World Wide Web site or by registering as a member of the Service, you agree to be bound by these Terms of Service, which we may update without notice to you. Because the dynamic nature of the Internet may require such changes, we suggest that you check these Terms of Service from time to time for the most current version.

PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you visit Swallow Globe Online Store or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Swallow Globe Online Store or its content suppliers and protected by Australia and international copyright laws. The compilation of all content on this site is the exclusive property of Swallow Globe Online Store, with copyright authorship for this collection by Swallow Globe Online Store, and protected by Australia and international copyright laws.

TRADEMARKS
Swallow Globe Online Stores trademarks and trade dress may not be used in connection with any product or service that is not Swallow Globe Online Stores, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Swallow Globe Online Store. All other trademarks not owned by Swallow Globe Online Store or its subsidiaries 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 Swallow Globe Online Store or its subsidiaries.

LICENSE AND SITE ACCESS
Swallow Globe Online Store grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Swallow Globe Online Store. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Swallow Globe Online Store. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Swallow Globe Online Store and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Swallow Globe Online Stores name or trademarks without the express written consent of Swallow Globe Online Store. Any unauthorized use terminates the permission or license granted by Swallow Globe Online Store. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Swallow Globe Online Store so long as the link does not portray Swallow Globe Online Store, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Swallow Globe Online Store logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Swallow Globe Online Store and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Swallow Globe Online Store reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Swallow Globe Online Store and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Swallow Globe Online Store and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Swallow Globe Online Store or its associates for all claims resulting from content you supply. Swallow Globe Online Store has the right but not the obligation to monitor and edit or remove any activity or content. Swallow Globe Online Store takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS
All items purchased from Swallow Globe Online Store are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
Swallow Globe Online Store and its associates attempt to be as accurate as possible. However, Swallow Globe Online Store does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Swallow Globe Online Store itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Swallow Globe Online Store ON AN "AS IS" AND "AS AVAILABLE" BASIS. Swallow Globe Online Store MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

THE INFORMATION PROVIDED THROUGHOUT THE SITE IS FOR EDUCATIONAL PURPOSES ONLY. HEALTH INFORMATION PROVIDED ON THIS SITE OR LINKS FROM THIS SITE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THE INFORMATION ON THE SITE SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN EVALUATION OR TREATMENT BY A COMPETENT HEALTH CARE PRACTITIONER.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Swallow Globe Online Store DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Swallow Globe Online Store DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Swallow Globe Online Store ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Swallow Globe Online Store WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW
By visiting Swallow Globe Online Store, you agree that the laws of the state of New South Wales - Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Swallow Globe Online Store or its associates.

FRAUD PREVENTION

As well as protecting the privacy of our customers information, we also work with State and Australian Federal police in monitoring and investigating all fraudulent transactions placed on our shopping sites. We believe that the safeguards put in place on our site to ensure your protection are not necessarily duplicated on other web shopping sites or even regular old fashioned retail shops. Every fraudulent transaction that occurs effects the reputation of all reputable shopping sites such as ours, so we warn any would be fraudster that we will go to extra lengths to track you down and put you out of business.


As a reference, here is a relevant section from the NSW crimes act:

CRIMES ACT 1900 - SECT 179
False pretences etc
179 False pretences etc
Whosoever, by any false pretence or by any wilfully false promise, or partly by a false pretence and partly by a wilfully false promise, obtains from any person any property, with intent to defraud, shall be liable to imprisonment for five years.

DISPUTES
Any dispute relating in any way to your visit to Swallow Globe Online Store or to products you purchase through Swallow Globe Online Store shall be submitted to confidential arbitration in New South Wales, except that, to the extent you have in any manner violated or threatened to violate Swallow Globe Online Stores intellectual property rights, Swallow Globe Online Store may seek injunctive or other appropriate relief in any state or federal court in the state of New South Wales and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Australian Commercial Dispute Centre. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Swallow Globe Online Store. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions
Questions regarding our Terms of Use, Privacy Policy, or other policy related material can be directed to our support staff by visiting the contact us page.


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