Terms and Conditions

Acceptance

Welcome to Sweax.com. PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. By using this website ("Site"), you agree to all terms, conditions, and notices contained or referenced in this Terms & Conditions Page ("Agreement") and the Sweax.com Privacy Policy. If you do not agree with the terms, conditions and notices (collectively, "Terms"), please do not use the Site.

Sweax International Pty Ltd (referred to as "Sweax," "we," "us," or "our") reserves the right at its discretion to change, modify, add or remove portions of the Terms at any time. Please check the Terms periodically for changes. Your continued use of the Site following the posting of changes to the Terms, including the Privacy Policy at www.sweax.com will mean you accept those changes. A COPY OF THESE TERMS AND CONDITIONS OF USE MAY BE DOWNLOADED, STORED OR PRINTED.

Sweax® Brand Website

These Terms apply to all users of the Site, including users who are also contributors of video content, information, and other materials or services on the Site. The Site may contain links to third party websites that are not owned or controlled by Sweax. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Sweax will not and cannot censor or edit the content of any third-party website. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

Site Access

Sweax hereby grants you permission to use the Site as set forth in these Terms, provided that your use of the Site is solely for your personal, noncommercial use. You may not copy or distribute any part of the Site in any medium without Sweax?s prior written authorization. In addition, you may not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You must also comply with the terms and conditions of these Terms.

User Submissions

The Site may now or in the future permit you or other users to submit videos or other communications ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Sweax does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, intellectual property or other proprietary rights in and to any and all User Submissions to allow inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms. You also represent and warrant that you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us, you hereby grant Sweax a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Sweax?s (and its successor's) business, including without limitation for advertising, promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site as provided for in these Terms.

In connection with User Submissions, you further agree that you will not submit material protected by any third party proprietary rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant all of the license rights granted herein. You also agree that you will not publish misrepresentations that could damage Sweax or any third party, submit materials that are unlawful, obscene, defamatory, libelous, threatening, pornographic, offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

Sweax does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sweax expressly disclaims any and all liability in connection with User Submissions.

You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sweax with respect thereto, and agree to indemnify and hold Sweax, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

Restrictions on Use of Material

This Site is owned and operated by Sweax. No material from the Site or any other website owned, operated, licensed, or controlled by Sweax may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of Sweax?s copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other website, online service or other service is prohibited.

Intellectual Property

The content on the Site, except all User Submissions (as defined above), including but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Sweax and are subject to copyright and other intellectual property rights under the laws of Australia and applicable international conventions.

In order to access some features of the Site, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although Sweax will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sweax or others due to such unauthorized use.

Termination

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from any and all Sweax website(s) and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. This Agreement will terminate immediately without notice from Sweax if in Sweax?s sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from the Site and any and all other Sweax website(s) and all copies thereof, whether made under this Agreement or otherwise.

You agree that Sweax, in its sole discretion, may terminate your registration to the Site (or any part thereof) or use of the Site or any portion of it and remove and discard any Submissions, for any reason, without limitation, including if Sweax believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement, including the Privacy Policy. Sweax may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that Sweax may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Sweax shall not be liable to you or any third-party for any termination of your access to the Site.

Disclaimer

ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH THIS SITE ("CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SWEAX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SWEAX DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWEAX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SWEAX) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Links

Sweax explicitly disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from www.sweax.com. Sweax encourages discretion when browsing the Internet using Sweax?s or anyone else's service. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, Sweax cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites; and you hereby irrevocably waive any claim against Sweax with respect to such sites.

Sweax cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Site, since other websites are owned and operated by independent third parties. Sweax does not endorse any of the merchandise, nor has Sweax taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. Sweax does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party, and you hereby irrevocably waive any claim against us with respect to such websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SWEAX OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SWEAX OR A SWEAX AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS IN THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SWEAX TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY SWEAX PRODUCT.

YOU SPECIFICALLY ACKNOWLEDGE THAT SWEAX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Sweax and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors, from all liabilities, claims, costs, and expenses, including attorney's fees, that arise from your use or misuse of the Site or from your breach of these Terms. Your violation of any third party rights, including without limitations, any copyright, property or privacy right or any claim that one of your users submissions caused damage to a third party. Sweax reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sweax in asserting any available defenses. This indemnity obligation will survive these Terms and your use of the Site.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Sweax.com Site.

Notice and Procedure for Making claims of Copyright Infringement

Sweax does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Sweax reserves the right to remove Content and User Submissions without prior notice. We will also terminate a User's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. Sweax also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, including but not limited to pornography, obscene or defamatory material, or excessive length. Sweax may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

Sweax respects the intellectual property of others, and we ask our users to do the same. As a result, if you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to our Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• an identification or description of the copyrighted work that you claim has been infringed;
• an identification or description of where the material that you claim is infringing is located on the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please contact us to contact Sweax?s Copyright Agent for Notice of claims of copyright infringement on the Site.

Jurisdictional Issues

All applicable federal, state and local laws govern user access to the Site. The Site is controlled and operated by Sweax in Australia., and Sweax makes no representation that materials on the Site are appropriate or available for use outside of Australia. Those who choose to access the Site from outside Australia do so on their own initiative and are responsible for compliance with any applicable law. All information available on the Site is subject to Australian export control laws and may also be subject to the laws of the country where you reside.

General

These Terms shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. You agree that the Site shall be deemed a passive website that does not give rise to regional jurisdiction over Sweax either specific or general, in jurisdictions other than Australia, and that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Australia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

You and Sweax also agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

This is the entire agreement between us relating to the subject matter herein and may be modified by Sweax at any time.

Promotional Terms and Conditions

1. Information on how to enter and prizes forms part of these Conditions of Entry. Entry into the Like us on Facebook and win an iPad Promotion (Promotion) is deemed to be an acceptance of these Conditions of Entry. 2. Promotion commences at 10:00:00 AEST on 1st November 2010 and will close at the time Sweax Fan page receives 1000 Fans. 3. For a chance to win, entrants must: a. Visit www.sweax.com b. Click on the promotion or Facebook link; c. ?Like? us on Facebook and suggest to friends 4. Consumers are eligible to enter unlimited times for the duration of the promotion. 5. The value of the prize is accurate at the date of commencement of the Promotion. The Promoter accepts no responsibility for any variation in the value of the prize after that date. The prize cannot be transferred, exchanged or redeemed for cash. The Promoter retains the right to substitute the prize with a prize of equal or greater value. 6. The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained as a result of receiving, taking or using any prize except for any liability which cannot be excluded by law. 7. All valid entries received prior to the close of each draw during the Promotion will be individually and randomly chosen by Promotion judge(s) appointed by the Promoter. To be held at Sweax International Australia, Unit 16, First Floor Spectrum Offices, 100 Railway Rd Subiaco WA 6008 on: ? Draw Period ? Open from 0:00:00 AEST 1st November 2010 until 1000 Fans is reached. 8. There will be 1 winner of the promotion. The winner will be randomly selected. 9. Each Prize is Valued at A$629.00 inc GST. The total prize pool is valued at A$629.00 inc GST 10. The value of the prize is accurate at the date of commencement of the Promotion. The Promoter accepts no responsibility for any variation in the value of the prize after that date. The prize cannot be transferred, exchanged or redeemed for cash. The Promoter retains the right to substitute the prize with a prize of equal or greater value. 11. The winner will be advised via email and winner?s name will be published on the Sweax Liners Facebook Fan Page website. 12. The Promoter may conduct such further draws at Sweax International, as are necessary, for any unclaimed prize, subject however to any directions given under Reg37 of the Lottery and Gaming Regulations 1993 (SA). Details of the winner of any unclaimed prize draw will be published on www.sweax.com 13. The Promoter?s decision is final, and no correspondence will be entered into, including in the event of a dispute. 14. The promoter reserves the right to validate and check the authenticity of entries and to disqualify any entrant for tampering with the entry process. 15. The Promoter and its associated agencies or companies accept no responsibility for lost, late, stolen, damaged or misdirected entries. 16. If for any reason this promotion is not capable of running as planned, the promoter reserves the right in its discretion to modify the terms of the promotion including the prizes and these conditions of entry. 17. Any tax liability arising as a result of accepting any prize is the responsibility of the winner. 18. The promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained as a result of receiving, taking or using any prize except for any liability which cannot be excluded by law. 19. All claims and entries become the property of the Promoter. 20. By entering the Promotion the entrant consents to the Promoter?s privacy policy available at https://sweax.com/aus/privacy.html . The promoter is required to collect personal information about the entrant under the gaming laws in Australia. The Promoter collects the entrant?s personal information for the purposes of administering the Promotion, notifying and announcing the winner(s) and of marketing the Promoter?s products and services, including by direct marketing techniques. The Promoter may disclose the entrant?s personal information to third parties including those involved in the administration of the Promotion, notifying and announcing the winners, the supply of prizes, the relevant gaming authorities, marketing companies, database collators and website servers. If the entrant does not provide the required personal information to the promoter, the entrant cannot enter the promotion. The entrant may access and correct the personal information about the entrant held by the promoter by writing to the Promoter at the address below. By entering this Promotion the entrant consents to the collection, use and disclosure of his or her personal information and receiving from the promoter future communications by email including newsletters, special offers and Promotions from Sweax unless otherwise advised by the entrant. 21. The promoter is Sweax International Pty Limited, 100 Railway Road Subiaco WA 6008, ABN 67 514 892 734, Tel: 1300 727 084 Fax: 1300 727 086

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