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Privacy Policy - T+C's

Thank you for visiting www.elysianswim.com (“the Site”). In the following terms and conditions, the terms (“ELYSIAN SWIM”, “we”, “us” and “our”) refer to ELYSIAN SWIM PTY LTD. By accessing or using any part of this site, including purchasing our products, you accept these terms. Please review them carefully, and also visit our Privacy Policy which also explains the terms of your visit to our site.
 
You can review the most current version of our Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. We recommend that you check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
 
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
 
We reserve the right to refuse service or cancel orders for any reason, at any time.
PRICING 
While we do our best to maintain accurate pricing, from time to time items on this Site may be priced incorrectly. We reserve the right to refuse or cancel any orders when this occurs, whether or not the order was confirmed and payment was received. If you have already been charged, we will credit back the amount paid.
 
Prices for our products are subject to change without notice, however if you have placed an order we will ensure to honor the price of the merchandise listed at the time of your order.
 
We shall not be liable for any modification, price change, suspension or discontinuance of the Service.
PRODUCT INFORMATION 
We do our best to ensure that product descriptions on our site are as accurate as possible, however we do not guarantee that information made available on this site is accurate, complete or current. When we discover inaccurate or incomplete information, we reserve the right to correct it.
 
We have made every effort to display as accurately as possible the colors and images of our products, however we cannot guarantee that your computer monitor's display of any color will be accurate or that any image will convey the full design and detail of that product.
ORDERS 
When you place an order with us, we will ask you to provide your name, shipping address, email, telephone number and credit card details. After your payment clears, we will dispatch your order within 1-2 days.
 
Cancellations are generally not accepted once you have submitted a purchase order with us, however if you request this promptly we will do our best to accommodate you.
THIRD PARTY LINKS 
Occasionally we may feature third-party links to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy which you should review carefully before using our Site or Services.
SITE ACCESS 
When you visit our website, we give you a limited license to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
 
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
LIMITATION OF LIABILITY 
Elysian Swim assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your computer or other property caused by or arising from your access to, use of, or browsing this Site or your downloading of any materials from this site. In no case shall we be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages or losses of any kind arising from your use of any of the service or products, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION 
You agree to indemnify, defend and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
TERMINATION 
You or we may suspend or terminate your use of this Site at any time, for any reason. These Terms of Service are effective unless and until terminated by either you or us. Additionally, you may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
ADDITIONAL ASSISTANCE 
If you have any questions or comments about the foregoing Terms, please contact us.
ELYSIAN SWIM PTY LTD (“Elysian Swim”, “we”, “our”, “us”) and its subsidiaries and affiliates respects the privacy of its online visitors (“you”, “your”, “yours”) and recognizes the importance of protecting information collected about them. The Privacy Policy detailed below addresses our use and disclosure of the information we collect from you.
 
By visiting our Site or using our services, you are agreeing to this Privacy Policy. If you do not agree with the terms below, please exit this site immediately.
COLLECTION OF INFORMATION 
When you purchase something from our Site, as part of the buying and selling process, we collect the personal information you give us such as (but not limited to) your name, address, telephone number, and email address.
When you browse our store, we may also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
CONSENT 
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime by contacting us.
DISCLOSURE & SHARING 
WESTERLY will never sell, rent, or share the personal information you provide to us with others, unless we have receive your direct consent or as described in this policy. We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECURITY 
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Shopify stores your credit card data only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. Your credit card information is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).
 
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
THIRD PARTY SERVICES 
The third-party providers used by us for a service will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. Examples of such third party services include payment processing and authorization, fraud protection and credit risk, order fulfillment and shipping, marketing and promotional material distribution, and data analysis.
 
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
LINKS 
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECURITY 
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
COOKIES 
Like many sites, we use “cookies” (files stored on your computer’s hard drive by your browser) to gain insight into which web pages are visited and how often, to make our site more user friendly and to provide a better customer experience when you return to our Site. Many browsers have automatically enabled cookies, but you have the option to disable them if that is your preference.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
CHANGES 
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated.
ADDITIONAL ASSISTANCE 
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact us.

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