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Terms & Conditions

Website Terms of Use

Except as otherwise provided in a written agreement signed by AQUADIVA, these Terms of Use represent the entire understanding between you and AQUADIVA and our related companies (collectively, "AQUADIVA") regarding your use of www.aquadivaswimwear.com (the "Site") and your submission of any materials to us.

By accessing the Site you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

AQUADIVA reserves the right to, at any time, modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Disclaimer
AQUADIVA PROVIDES THE SITE AND ITS SERVICES ON AN "AS-IS" BASIS. AQUADIVA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AQUADIVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, AQUADIVA DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AQUADIVA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.

Limitation of Liability
IN NO EVENT SHALL AQUADIVA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE OPERATION OF THE SITE, ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF AQUADIVA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AQUADIVA'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Links
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than AQUADIVA. AQUADIVA provides these links solely as a convenience. The appearance of a link does not imply AQUADIVA's endorsement, nor is AQUADIVA responsible for the content of any linked site. You access linked sites at your own risk.

Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

General Proprietary Rights
The Site is owned by AQUADIVA and contains material that is derived in whole or in part from AQUADIVA and other sources. The Site and their contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without AQUADIVA's express written permission.

Copyright
All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Australian Clothing Manufacturing Company Pty Ltd, or their content suppliers, and are protected by Australian and other international copyright laws, © 2016 - INFINITY AQUADIVA ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other material on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Trademarks
The AQUADIVA logo is a trademark of AQUADIVA and related companies. It may not be used in connection with any products or services other than those products or services offered by AQUADIVA or related companies, in any manner that is likely to cause confusion, or in any manner that disparages or discredits AQUADIVA or related companies. All other trademarks are the property of their respective owners.

Notice of Potential Infringement
To notify AQUADIVA of any suspected infringement, please contact us.

Applicable Law
AQUADIVA operates the Site from Queensland, Australia. The laws applicable to the interpretation of these Terms of Use shall be the laws of Australia without reference to its conflict of law provisions.

Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the courts of Brisbane, Australia and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination
These Terms of Use shall remain in force until terminated by AQUADIVA. AQUADIVA may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that AQUADIVA, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.


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