Terms and Conditions

Swimbait Specialist agrees to allow you access to its website (“Website”) conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers in this document. Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Swimbait Specialist reserves the right to amend the Terms of Use at any time. Since these Terms of Use bind you, you should periodically refer to them in this document and elsewhere on the Website.

SMS Marketing and Notifications

By providing your phone number and opting in to receive SMS notifications, you agree to receive recurring automated marketing messages and shopping cart reminders from Swimbait Specialist.

Consent: Consent is not a condition of any purchase.
Opt-Out: You can unsubscribe at any time by replying STOP to any text message received.
Help: Reply HELP for more information or contact our customer support.
Costs: Message and data rates may apply from your carrier. Frequency of messages varies based on your interaction with our Website and marketing campaigns.

Intellectual property and restrictions on use of Content on the Website

All information, text, material, graphics, software and advertisements on the Website (“Content”) are Copyright to Swimbait Specialist, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by Swimbait Specialist. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may use an industry-standard Web browser, download and view the Content for your personal use. You must not use the Website in any manner or for any unlawful purpose or in any manner which violates any right of Swimbait Specialist or which is prohibited by the Terms of Use.

Links to third-party websites

If the Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Swimbait Specialist, and Swimbait Specialist is not responsible for the contents of any linked web or any hyperlink contained in a linked website. Swimbait Specialist provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Swimbait Specialist. You link to any such website entirely at your own risk.

Disclaimer and limitation of liability

The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Swimbait Specialist of goods or services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Swimbait Specialist does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

a) all Content is provided “as is” and without warranties.
b) Swimbait Specialist and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
c) Swimbait Specialist does not warrant that the functions contained in any Content or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components.
d) Swimbait Specialist does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
e) you (and not Swimbait Specialist) assume the entire cost of any necessary verification, maintenance, repair and correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of Swimbait Specialist) will Swimbait Specialist be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever that result from any use or access of, or any inability to use or access, the Website or any Content.

Termination

The Terms of Use are effective until terminated by Swimbait Specialist, and Swimbait Specialist may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Swimbait Specialist disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

Swimbait Specialist relies on your continued observance of these Terms of Use. Accordingly, if Swimbait Specialist suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation, then you agree to indemnify Swimbait Specialist for those losses, damages and expenses.

This agreement will be governed by and construed in accordance with the laws of Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.