Please read the terms and conditions displayed before using the arkswimwear.com website. By using the arkswimwear.com website, you are deemed to have read the terms and conditions and be bound by them, 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.
This website is operated by Ark Swimwear Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Ark Swimwear Pty Ltd.
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.
This website has been developed for use by customers and intended customers. You agree not to use the website in any way that causes or is intended to cause access or the website to be damaged, interrupted, or impaired in anyway including but not limited to:
Causing annoyance or nuisance inconvenience or mischief
Fraudulent purposes or in connection with unlawful or criminal activity
Breach of copyright, trademarks, confidence, privacy or any other right
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.
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.
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. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
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.
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 Ark Swimwear, 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. 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.
You agree to indemnify, defend and hold harmless Ark Swimwear 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.
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.
When you place an order to purchase a product from Ark Swimwear, we will send you an email confirming receipt and details of your order. Our acceptance of this offer to purchase will be at the time we dispatch that product to you and a confirming email in this regard is sent. The acceptance will be complete at this time. It is agreed at the time you place an order it is your intention to enter into a contract with Ark Swimwear Pty Limited.
PRICING & AVAILABILITY
USA site (www.arkswimwear.com): prices are shown in USD and will be charged in USD.
Australian site (www.arkswimwear.com/au): prices are shown in AUD and will be charged in AUD.
International site (www.arkswimwear.com/intl): prices are shown in USD and will be charged in USD, even if the currency converter tool is applied to show the conversion rate in an alternate currency.
Ark Swimwear lists products for sale on its website as indicated. 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.
Whilst we use our best endeavors to fulfil such orders, we cannot be held responsible if the products are not available at a given point in time. It is further noted that dispatch times indicated are a guide and are not guaranteed dispatch times and should not be relied upon as such.
We have made every effort to display as accurately as possible the colours of our products that appear on site. However, as computer monitors vary, we cannot guarantee that Your monitor's display of any colour will be completely accurate.
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.
arkswimwear.com assumes all sales are made to persons over the age of 18. If you are under 18, you need to have the involvement of a parent or guardian.
Payment is only accepted by means of those displayed on the Payments page at Checkout. We are unable to process any other payment form.
ALTERATIONS TO TERMS & CONDITIONS
We reserve the right to make changes to our website, policies, terms and conditions at any time.
Should you breach any terms or conditions, and we take no action against you, we shall be entitled to invoke our rights and remedies in any other situation where you breach these conditions.
The above terms and conditions are governed by the laws applicable of the state of New South Wales in Australia. Both parties submit to the non exclusive jurisdiction of the New South Wales Courts.
We reserve the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern Your relationship with Us with respect to that Order.
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by Us to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Us does not prelude its future exercise or the exercise of any power or right.
The laws of New South Wales, Australia govern this agreement. Your transaction is deemed to have taken place in New South Wales.
These Terms and Conditions apply to all Gift Cards issued by Ark Swimwear Pty Ltd
1.2. Customer service or any Ark Swimwear team members are unable to apply the voucher to an order that has already been processed.
1.3. If you have any questions or would like more information about your Gift Card, please contact customer service at firstname.lastname@example.org
Purchasing the Gift Card
2.1. Gift Cards are purchased from www.arkswimwear.com
2.2. The initial value deposited to the account of the Gift Card is determined as at the time of purchase, in the currency of the Ark Swimwear site (refer to pricing here) and no further amounts may be deposited following purchase.
2.3. Gift Cards may not be cancelled once payment has been processed. Gift Cards are not (in part or in full) refundable or redeemable for cash.
3. Purchases using the Gift Card
3.1. You may use your Gift Card to purchase goods from the Ark Swimwear website in the currency of the purchase origin:
3.2. Your Gift Card may only be used to make purchases up to the value contained on the Gift Card. If you wish to make a purchase of goods for an amount that exceeds the value on your Gift Card, you must pay the excess using another payment method.
3.4. No change will be given where any value or credit balance remains on the Gift Card following a purchase of goods.
3.5. Your Gift Card cannot be used to purchase another Gift Card.
3.7 Customer service or any Ark Swimwear team members are unable to apply the voucher to an order that has already been processed.
4. No cash advances
You cannot obtain any cash advance with your Gift Card.
5. Expiry and value balance
5.1. Your Gift Card will be valid for 3 years from the date of purchase. The value of any unused balance on the Gift Card after the date of expiry will be forfeited and will not be refunded, credited or transferred to any replacement or new Gift Card. It is your responsibility to ensure the value placed on the Gift Card is redeemed within that time frame.
5.2. You can confirm the expiry date and balance of your Ark Swimwear Gift Card under ‘Account Info’ after logging into ‘My Account’ on the Ark Swimwear website.
6. Lost, stolen or damaged Gift Cards
6.1. Ark Swimwear accepts no responsibility for the loss, theft or destruction of Ark Swimwear Gift Cards and Ark Swimwear has no obligation to replace or refund the value of lost, stolen or damaged Gift Cards.
6.2. You are liable for all transactions on your Ark Swimwear Gift Card, including where your Gift Card has been lost or stolen.
6.3. Ark Swimwear is entitled to prevent further use or the redemption of the value contained on any Gift Card if:
(a) you report that it has been lost, stolen or damaged; or
8. Queries or complaints
If you have any queries or complaints regarding the purchase or use of the Gift Card, please contact customer service at email@example.com
9. Applicable law