Terms of service
This website is operated by Aquatic Rehab
Limited. Throughout the site, the terms
"we", "us" and "our" refer to Aquatic Rehab
Limited. Aquatic Rehab Limited 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 of Service apply to
all users of the site, including without
limitation users who are browsers, vendors,
customers, merchants, and/or contributors
of content.
Please read these Terms of Service carefully
before accessing or using our website. By
accessing or using any part of the site, you
agree to be bound by these Terms of Service.
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.
If these Terms of Service are considered an
offer, acceptance is expressly limited to
these Terms of Service.
Any new features or tools which are added
to the current store shall also be subject
to the Terms of Service. You can review the
most current version of the 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. It is your
responsibility to 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.
SECTION 1 - 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, 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.
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 (including but not limited to
copyright laws).
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.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to
anyone for any reason at any time.
You understand that your content (not
including credit card information) may be
transferred unencrypted and involve (a)
transmissions over various networks; and
(b) changes to conform and adapt to
technical requirements of connecting
networks or devices. Credit card information
is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the
Service, use of the Service, or access to
the Service or any contact on the website
through which the Service is provided,
without express written permission by us.
The headings used in this agreement are
included for convenience only and will not
limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND
TIMELINESS OF INFORMATION
We are not responsible if information made
available on this site is not accurate,
complete or current. The material on this
site is provided for general information
only and should not be relied upon or used
as the sole basis for making decisions
without consulting primary, more accurate,
more complete or more timely sources of
information. Any reliance on the material
on this site is at your own risk.
This site may contain certain historical
information. Historical information,
necessarily, is not current and is provided
for your reference only. We reserve the
right to modify the contents of this site
at any time, but we have no obligation to
update any information on our site. You
agree that it is your responsibility to
monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE
AND PRICES
Prices for our products are subject to
change without notice.
We reserve the right at any time to modify
or discontinue the Service (or any part or
content thereof) without notice at any time.
We shall not be liable to you or to any
third-party for any modification, price
change, suspension or discontinuance of
the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be
available exclusively online through the
website. These products or services may
have limited quantities and are subject to
exchange only according to our Size Exchange
Policy.
We have made every effort to display as
accurately as possible the colours and
images of our products that appear at the
store. We cannot guarantee that your
computer monitor's display of any colour
will be accurate.
We reserve the right, but are not obligated,
to limit the sales of our products or
services to any person, geographic region
or jurisdiction. We may exercise this right
on a case-by-case basis. We reserve the
right to limit the quantities of any
products or services that we offer. All
descriptions of products or product pricing
are subject to change at any time without
notice, at the sole discretion of us. We
reserve the right to discontinue any product
at any time. Any offer for any product or
service made on this site is void where
prohibited.
We do not warrant that the quality of any
products, services, information, or other
material purchased or obtained by you will
meet your expectations, or that any errors
in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND
ACCOUNT INFORMATION
We reserve the right to refuse any order
you place with us. We may, in 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 credit card, and/or orders
that use the same billing and/or shipping
address. In the event that we make a change
to or cancel an order, we may attempt to
notify you by contacting the email and/or
billing address/phone number provided at
the time the order was made. We reserve the
right to limit or prohibit orders that, in
our sole judgment, appear to be placed by
dealers, resellers or distributors.
You agree to provide current, complete and
accurate purchase and account information
for all purchases made at our store. You
agree to promptly update your account and
other information, including your email
address and credit card numbers and
expiration dates, so that we can complete
your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to
third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide
access to such tools "as is" and "as
available" without any warranties,
representations or conditions of any kind
and without any endorsement. We shall have
no liability whatsoever arising from or
relating to your use of optional third-party
tools.
Any use by you of the optional tools offered
through the site is entirely at your own
risk and discretion and you should ensure
that you are familiar with and approve of
the terms on which tools are provided by
the relevant third-party provider(s).
We may also, in the future, offer new
services and/or features through the website
(including the release of new tools and
resources). Such new features and/or
services shall also be subject to these
Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services
available via our Service may include
materials from third-parties.
Third-party links on this site may direct
you to third-party websites that are not
affiliated with us. We are not responsible
for examining or evaluating the content or
accuracy and we do not warrant and will not
have any liability or responsibility for any
third-party materials or websites, or for
any other materials, products, or services
of third-parties.
We are not liable for any harm or damages
related to the purchase or use of goods,
services, resources, content, or any other
transactions made in connection with any
third-party 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.
SECTION 9 - USER COMMENTS, FEEDBACK AND
OTHER SUBMISSIONS
If, at our request, you send certain
specific submissions (for example contest
entries) or without a request from us, you
send creative ideas, suggestions, proposals,
plans, or other materials, whether online,
by email, by postal mail, or otherwise
(collectively, "comments"), you agree that
we may, at any time, without restriction,
edit, copy, publish, distribute, translate
and otherwise use in any medium any comments
that you forward to us. We are and shall be
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, libelous,
defamatory, pornographic, obscene or
otherwise objectionable or violates any
party's intellectual property or these
Terms of Service.
You agree that your comments will not
violate any right of any third-party,
including copyright, trademark, privacy,
personality or other personal or proprietary
right. You further agree that your comments
will not contain libelous or otherwise
unlawful, abusive or obscene material, or
contain any computer virus or other malware
that could in any way affect the operation
of the Service or any related website. You
may not use a false email address, pretend
to be someone other than yourself, or
otherwise mislead us or third-parties as to
the origin of any comments. You are solely
responsible for any comments you make and
their accuracy. We take no responsibility
and assume no liability for any comments
posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information
through the store is governed by our Privacy
Policy, which can be viewed in the footer
of this website.
SECTION 11 - ERRORS, INACCURACIES AND
OMISSIONS
Occasionally there may be information on
our site or in the Service that contains
typographical errors, inaccuracies or
omissions that may relate to product
descriptions, pricing, promotions, offers,
product 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 in the Service or on any related
website is inaccurate at any time without
prior notice (including after you have
submitted your order).
We undertake no obligation to update, amend
or clarify information in the Service or on
any related website, including without
limitation, pricing information, except as
required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set
forth in the Terms of Service, you are
prohibited from using the site or its
content: (a) for any unlawful purpose; (b)
to solicit others to perform or participate
in any unlawful acts; (c) to violate any
international, federal, provincial or state
regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate
our intellectual property rights or the
intellectual property rights of others; (e)
to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or
discriminate based on gender, sexual
orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to
submit false or misleading information; (g)
to upload or transmit viruses or any other
type of malicious code that will or may be
used in any way that will affect the
functionality or operation of the Service
or of any related website, other websites,
or the Internet; (h) to collect or track
the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl,
or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or
circumvent the security features of the
Service or any related website, other
websites, or the Internet. We reserve the
right to terminate your use of the Service
or any related website for violating any of
the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant
that your use of our Service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may
be obtained from the use of the Service
will be accurate or reliable.
You agree that from time to time we may
remove the Service for indefinite periods
of time or cancel the Service at any time,
without notice to you.
You expressly agree that your use of, or
inability to use, the Service is at your
sole risk. The Service and all products and
services delivered to you through the
Service are (except as expressly stated by
us) provided "as is" and "as available" for
your use, without any representation,
warranties or conditions of any kind, either
express or implied, including all implied
warranties or conditions of
merchantability, merchantable quality,
fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Aquatic Rehab Limited, our
directors, officers, employees, affiliates,
agents, contractors, interns, suppliers,
service providers or licensors be liable
for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or
consequential damages of any kind,
including, without limitation lost profits,
lost revenue, lost savings, loss of data,
replacement costs, or any similar damages,
whether based in contract, tort (including
negligence), strict liability or otherwise,
arising from your use of any of the Service
or any products procured using the Service,
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. Our liability
shall be limited to the maximum extent
permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold
harmless Aquatic Rehab Limited and our
parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors,
licensors, service providers,
subcontractors, suppliers, interns and
employees, 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.
SECTION 15 - SEVERABILITY
In the event that any provision of these
Terms of Service is determined to be
unlawful, void or unenforceable, such
provision shall nonetheless be enforceable
to the fullest extent permitted by
applicable law, and the unenforceable
portion shall be deemed to be severed from
these Terms of Service, such determination
shall not affect the validity and
enforceability of any other remaining
provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the
parties incurred prior to the termination
date shall survive the termination of this
agreement for all purposes.
These Terms of Service are effective unless
and until terminated by either you or us.
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.
If in our sole judgment you fail, or we
suspect that you have failed, to comply
with any term or provision of these Terms
of Service, we also may terminate this
agreement at any time without notice and
you will remain liable for all amounts due
up to and including the date of termination;
and/or accordingly may deny you access to
our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce
any right or provision of these Terms of
Service shall not constitute a waiver of
such right or provision.
These Terms of Service and any policies or
operating rules posted by us on this site
or in respect to the Service constitute the
entire agreement and understanding between
you and us and govern your use of the
Service, superseding any prior or
contemporaneous agreements, communications
and proposals, whether oral or written,
between you and us (including, but not
limited to, any prior versions of the Terms
of Service).
Any ambiguities in the interpretation of
these Terms of Service shall not be
construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate
agreements whereby we provide you services
shall be governed by and construed in
accordance with the laws of New Zealand.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of
the Terms of Service at any time on this
page. We reserve the right, at our sole
discretion, to update, change or replace
any part of these Terms of Service by
posting updates and changes to our website.
It is your responsibility to check our
website periodically for changes. Your
continued use of or access to our website
or the Service following the posting of any
changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should
be sent to us at
aquaticrehablimited@gmail.com.