Ozone 1 Pty Ltd trading as Brauer Swim.

1. We respect your privacy

(a) Ozone 1 Pty Ltd trading as Brauer Swim respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.

(b) We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).

(c) “Personal information” is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.

(d) You may contact us in writing at Unit 3 89 Spencer Road, Nerang, Queensland, 4211 for further information about this Privacy Policy.

2. What personal information is collected

(a) Ozone 1 Pty Ltd trading as Brauer Swim will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.

(b) You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.

(c) We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

(d) Additionally, we may also collect any other information you provide while interacting with us.

3. How we collect your personal information

(a) Ozone 1 Pty Ltd trading as Brauer Swim collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

(b) By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

4. How we use your personal information

(a) Ozone 1 Pty Ltd trading as Brauer Swim may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.

(b) Ozone 1 Pty Ltd trading as Brauer Swim will use personal information only for the purposes that you consent to. This may include to:

(i) provide you with products and services during the usual course of our business activities;

(ii) administer our business activities;

(iii) manage, research and develop our products and services;

(iv) provide you with information about our products and services;

(v) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and

(vi) investigate any complaints.

If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.

(c) We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.

(d) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

5. Disclosure of your personal information

(a) Ozone 1 Pty Ltd trading as Brauer Swim may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.

(b) If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.

6. General Data Protection Regulation (GDPR) for the European Union (EU)

(a) Ozone 1 Pty Ltd trading as Brauer Swim will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.

(b) We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.

(c) We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.

(d) We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.

(e) We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.

(f) We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.

(g) We do not collect or process any personal information from you that is considered “Sensitive Personal Information” under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.

(h) You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.

7. Your rights under the GDPR

(a) If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Ozone 1 Pty Ltd trading as Brauer Swim complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU

(b) Except as otherwise provided in the GDPR, you have the following rights:

(i) to be informed how your personal information is being used;

(ii) access your personal information (we will provide you with a free copy of it);

(iii) to correct your personal information if it is inaccurate or incomplete;

(iv) to delete your personal information (also known as “the right to be forgotten”);

(v) to restrict processing of your personal information;

(vi) to retain and reuse your personal information for your own purposes;

(vii) to object to your personal information being used; and

(viii) to object against automated decision making and profiling.

(c) Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.

(d) We may ask you to verify your identity before acting on any of your requests.

8. Hosting and International Data Transfers

(a) Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia.

(b) We and our other group companies have offices and/or facilities in Australia. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Ozone 1 Pty Ltd trading as Brauer Swim’s Data Protection Officer.

(c) The hosting facilities for our website are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Ozone 1 Pty Ltd trading as Brauer Swim’s Data Protection Officer.

(d) Our Suppliers and Contractors are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Ozone 1 Pty Ltd trading as Brauer Swim’s Data Protection Officer.

(e) You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

9. Security of your personal information

(a) Ozone 1 Pty Ltd trading as Brauer Swim is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

(b) Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.

(c) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

10. Access to your personal information

(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at support@brauerindustries.com.

(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.

11. Complaints about privacy

(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to support@brauerindustries.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

12. Changes to Privacy Policy

(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

13. Website

(a) When you visit our website
When you come to our website (www.brauerswim.com), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

(b) Cookies
We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.

(c) Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Ozone 1 Pty Ltd trading as Brauer Swim is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Date: 1st July 2022

1. About the Website

(a) Welcome to www.brauerswim.com (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products ‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

(b) The Website is operated by Ozone 1 Pty Ltd trading as Brauer Swim (ABN 99 109 648 722). Access to and use of the Website, or any of its associated Products or Services, is provided by Ozone 1 Pty Ltd trading as Brauer Swim. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Ozone 1 Pty Ltd trading as Brauer Swim reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Ozone 1 Pty Ltd trading as Brauer Swim updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Ozone 1 Pty Ltd trading as Brauer Swim in the user interface.

3. Registration to use the Purchase Services

(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(vi) Equipment serial number

(b) You warrant that any information you give to Ozone 1 Pty Ltd trading as Brauer Swim in the course of completing the registration process will always be accurate, correct and up to date.

(c) Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

(d) You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Ozone 1 Pty Ltd trading as Brauer Swim; or

(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Ozone 1 Pty Ltd trading as Brauer Swim of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Ozone 1 Pty Ltd trading as Brauer Swim providing the Purchase Services;

(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Ozone 1 Pty Ltd trading as Brauer Swim for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

(b) Payment of the Purchase Price may be made through PayPal (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by Ozone 1 Pty Ltd trading as Brauer Swim, you will be issued with a receipt to confirm that the payment has been received and Ozone 1 Pty Ltd trading as Brauer Swim may record your purchase details for future use.

(d) Ozone 1 Pty Ltd trading as Brauer Swim may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Warranty

(a) Ozone 1 Pty Ltd trading as Brauer Swim’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty ‘).

(b) You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within the Specific Products Warranty Period from the date of purchase (the ‘Warranty Period’).

(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Ozone 1 Pty Ltd trading as Brauer Swim showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Ozone 1 Pty Ltd trading as Brauer Swim at Unit 3 89 Spencer Road, Nerang, Queensland, 4211 or by email at support@brauerindustries.com.

(d) Where the Warranty Claim is accepted then Ozone 1 Pty Ltd trading as Brauer Swim will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

(e) The Warranty shall be the sole and exclusive warranty granted by Ozone 1 Pty Ltd trading as Brauer Swim and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(g) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Delivery

(a) You acknowledge that the Purchase Services offered by Ozone 1 Pty Ltd trading as Brauer Swim integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).

(b) In providing the Purchase Services, Ozone 1 Pty Ltd trading as Brauer Swim may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Ozone 1 Pty Ltd trading as Brauer Swim is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

(c) In the event that an item is lost or damaged in the course of the Delivery Services, Ozone 1 Pty Ltd trading as Brauer Swim asks that you:

(i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

(ii) contact us by sending an email to support@brauerindustries.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of Ozone 1 Pty Ltd trading as Brauer Swim are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Ozone 1 Pty Ltd trading as Brauer Swim or its contributors.

(b) Ozone 1 Pty Ltd trading as Brauer Swim retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Ozone 1 Pty Ltd trading as Brauer Swim; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of Ozone 1 Pty Ltd trading as Brauer Swim and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy

(a) Ozone 1 Pty Ltd trading as Brauer Swim takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Ozone 1 Pty Ltd trading as Brauer Swim’s Privacy Policy, which is available on the Website.

10. General Disclaimer

(a) You acknowledge that Ozone 1 Pty Ltd trading as Brauer Swim does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) Ozone 1 Pty Ltd trading as Brauer Swim will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) Ozone 1 Pty Ltd trading as Brauer Swim will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of Ozone 1 Pty Ltd trading as Brauer Swim (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Ozone 1 Pty Ltd trading as Brauer Swim, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Ozone 1 Pty Ltd trading as Brauer Swimincluding any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Ozone 1 Pty Ltd trading as Brauer Swim) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(iv) the Content or operation in respect to links which are provided for the User’s convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

(a) Ozone 1 Pty Ltd trading as Brauer Swim’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Ozone 1 Pty Ltd trading as Brauer Swim is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that Ozone 1 Pty Ltd trading as Brauer Swim, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) Ozone 1 Pty Ltd trading as Brauer Swim is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Ozone 1 Pty Ltd trading as Brauer Swim, by third parties or by any of the Purchase Services offered by Ozone 1 Pty Ltd trading as Brauer Swim.

(d) You acknowledge that Ozone 1 Pty Ltd trading as Brauer Swim does not provide the Delivery Services to you and you agree that Ozone 1 Pty Ltd trading as Brauer Swim will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Ozone 1 Pty Ltd trading as Brauer Swim as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) notifying Ozone 1 Pty Ltd trading as Brauer Swim at any time; and

(ii) closing your accounts for all of the Purchase Services which you use, where Ozone 1 Pty Ltd trading as Brauer Swim has made this option available to you.

(c) Your notice should be sent, in writing, to Ozone 1 Pty Ltd trading as Brauer Swim via the ‘Contact Us’ link on our homepage.

(d) Ozone 1 Pty Ltd trading as Brauer Swim may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Ozone 1 Pty Ltd trading as Brauer Swim is required to do so by law;

(iii) the partner with whom Ozone 1 Pty Ltd trading as Brauer Swim offered the Purchase Services to you has terminated its relationship with Ozone 1 Pty Ltd trading as Brauer Swim or ceased to offer the Purchase Services to you;

(iv) Ozone 1 Pty Ltd trading as Brauer Swim is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

(v) the provision of the Purchase Services to you by Ozone 1 Pty Ltd trading as Brauer Swim is, in the opinion of Ozone 1 Pty Ltd trading as Brauer Swim, no longer commercially viable.

(e) Subject to local applicable laws, Ozone 1 Pty Ltd trading as Brauer Swim reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Ozone 1 Pty Ltd trading as Brauer Swim’s name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Ozone 1 Pty Ltd trading as Brauer Swim have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

(a) You agree to indemnify Ozone 1 Pty Ltd trading as Brauer Swim, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of the Terms.

14. Dispute Resolution

(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties ‘) must:

(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Brisbane, Australia.

(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

(a) The Purchase Services offered by Ozone 1 Pty Ltd trading as Brauer Swim is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

16. Governing Law

(a) The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Date: 1st July 2022

1. Purpose

This policy sets out the guidelines for third parties using Brauer Swim’s sales and marketing materials to ensure brand consistency, legal compliance, and alignment with our business objectives.

2. Scope

This policy applies to all external partners, distributors, affiliates, and any third-party organisations that use or promote Brauer Swim’s marketing materials.

3. Brand Guidelines

All third parties must adhere to Brauer Swim’s brand identity, including:

• Logos & Branding: The official Brauer Swim logo, colours, and fonts must be used as per the brand guidelines provided.
• Messaging & Tone: All marketing material should reflect Brauer Swim’s values of safety, performance, and innovation within the aquatic industry.
• Imagery & Design: Only approved images and graphics may be used to represent Brauer Swim. Any modifications require written approval.

4. Approved Marketing Materials

Third parties may only use the following materials provided by Brauer Swim:

• Official brochures, flyers, and posters
• Digital advertisements and social media assets
• Website content (as specified)
• Product descriptions and specifications
• Videos and promotional materials

5. Content Modification & Customisation

• Third parties may not edit or modify any content without prior written approval from Brauer Swim.
• Custom co-branded materials must be submitted for review before use.

6. Legal & Compliance

• Any marketing claims about Brauer Swim products must be factual and in line with regulatory standards.
• Misrepresentation of Brauer Swim’s products, services, or partnerships is strictly prohibited.
• Third parties must comply with local advertising and consumer protection laws.

7. Distribution Channels

Third parties may distribute Brauer Swim’s marketing materials through approved channels, including:

• Official websites
• Social media platforms (with approved messaging)
• Print and digital publications
• In-store promotions and events

8. Prohibited Channels & Practices

Brauer Swim strictly prohibits the use of its brand, marketing materials, and products on the following channels:

• Adult content websites (pornographic sites)
• Gambling or betting platforms
• Illegal or unethical marketplaces
• Websites promoting hate speech or violence
• Any platform that misaligns with Brauer Swim’s brand values

Additionally, third parties may not:

• Offer Brauer Swim products for sale at a discounted rate or a price lower than Brauer Swim’s official pricing.
• List Brauer Swim products on retail websites (e.g., Amazon, eBay, or similar platforms) without prior written approval.
• Use unauthorised discount codes, promotions, or bundling strategies that lower the perceived value of Brauer Swim products.

9. Social Media & Online Conduct

• Third parties must ensure that any social media engagement (comments, replies, or posts) aligns with Brauer Swim’s professional and brand tone.
• Negative or misleading statements about competitors or industries related to Brauer Swim’s operations are prohibited.

10. Use of Testimonials & Endorsements

If third parties wish to use customer testimonials or endorsements in marketing, they must have explicit permission from the customer and ensure the statements align with Brauer Swim’s brand messaging.

11. Performance Monitoring & Reporting

• Brauer Swim reserves the right to request performance reports from third parties to ensure alignment with brand strategy.
• Partners must share insights on engagement levels, conversions, or other relevant metrics if requested.

12. Event Sponsorship & Trade Shows

Third parties must seek approval before using Brauer Swim branding at trade shows, sponsorship events, or industry conferences.

13. Confidentiality & Intellectual Property Ownership

• Third parties must keep proprietary information, pricing structures, and strategic marketing plans confidential and not disclose them to competitors or unauthorized parties.
• All Brauer Swim marketing materials remain the intellectual property of Brauer Swim and must be returned or destroyed upon request.

14. Indemnification Clause

The third party agrees to indemnify and hold harmless Brauer Swim from any legal claims or liabilities arising due to non-compliant or misleading marketing activities performed by the third party.

15. Approval & Review Process

• All third-party marketing materials must be reviewed and approved by Brauer Swim’s marketing team before use.
• Materials will be periodically reviewed to ensure compliance.

16. Enforcement & Consequences

• Failure to comply with this policy may result in termination of marketing agreements and potential legal action.
• Brauer Swim reserves the right to revoke marketing permissions at any time.

For approvals or questions, contact
Brauer Swim Marketing Team on 1300 696 631