Welcome to Autism Swim. We provide the Autism Swim website, the Autism Swim Water Safety application, the Neuroinclusive Aquatics Academy (herein referred to as ‘the Academy’) and related internet services (collectively the Service(s)).
The Services are owned and operated by Autism Swim Pty Ltd ACN 614 083 075 (Autism Swim).
By accessing and/or using the Services you agree to these Terms and Conditions, which include our Privacy Policy.
You should review our Privacy Policy and these Terms carefully and immediately cease using our Services if you do not agree to these Terms.
Autism Swim is an international, multi-disciplinary organisation, combining the expertise of Autism Specialists, Behaviour Specialists, Occupational Therapists and Swimming Instructors to achieve the best possible outcomes for the individuals whom they support.
1. Registration
You must be a registered member to access certain App and The Academy Services.
When you register and activate your account, you will provide us with personal information such as your name and email address. For people registering as a parent/guardian or carer you will provide us with the personal information of the minor such as name. You must ensure that this information is accurate and current.
You consent to us handling all personal information we collect in accordance with our Privacy Policy including the marketing purposes described in that policy.
When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
To create an account, you must be at least 18 years of age, or have the permission of your parent or guardian to create an account if you are between 14–18 years of age.
If you are under the age of 14 years, you may not create an account or register as a member.
If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
- exercise supervision over the Minor’s use of our Services and account;
- assume all risks associated with the Minor’s use of our Services;
- ensure content accessed is appropriate;
- assume liabilities resulting from the Minor’s use;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
- provide the consents contained in these Terms on behalf of the Minor.
We may assume that appropriate consent has been obtained.
2. Collection Notice
We collect personal information about you in order to provide our Services and for purposes set out in our Privacy Policy.
We may disclose this information to third parties who assist in delivering our Services (including information technology suppliers, communication suppliers and our alliance partners), or as required by law.
If you do not provide this information, we may not be able to provide full functionality of the Services.
We may also disclose personal information (such as name and email address) to recipients that are located outside Australia, including to our business partners located internationally.
Our Privacy Policy explains:
- how we store, use and disclose your personal information;
- how you may access and correct your personal information; and
- how you can lodge a complaint and how we will handle it.
If you would like further information, please contact us here.
By providing your personal information to us, you consent to its collection, use, storage and disclosure as described in the Privacy Policy and these Terms.
3. Accuracy, completeness and timeliness of information
The information on our Services is general in nature and is not comprehensive.
While we use reasonable efforts to ensure accuracy and completeness, to the maximum extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information made available on our Services.
Content provided through the Services is for educational purposes only and does not constitute medical, therapeutic or professional advice.
You should monitor any changes to the information contained on the Services.
To the maximum extent permitted by law, including the Australian Consumer Law, we are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Services or a linked website.
You must take your own precautions to ensure that whatever you select for your use from our Services is free of viruses or anything else that may interfere with or damage your systems.
We may, from time to time, change or add to the Services (including these Terms) or the information, products or services described in them, by providing reasonable notice.
4. Linked sites
Our Services may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained.
Unless expressly stated otherwise, to the maximum extent permitted by law, including the Australian Consumer Law, we do not endorse and are not responsible for the content on those linked websites.
5. Unsolicited Information / International Users
Autism Swim is based in Australia. By using the Services, you consent to your information being processed and transferred to Australia and other countries.
You acknowledge that data protection laws in those countries may differ from those in your country of residence.
6. Services
The Services may include:
- online learning and certification programs;
- provider listings or directories;
- resources and tools; and
- donation and support functionality.
Certain services (including Approved Provider memberships) are subject to additional terms, which are made available at the point of application or purchase (including on relevant service pages). These additional terms can also be accessed here:Autism Swim Approved Provider Membership Terms. By applying for, purchasing, or using those services, you agree to those additional terms.
7. Provider Listings
Autism Swim provides a directory of aquatic providers (Providers) who have engaged with Autism Swim training, certification or programs.
Autism Swim is committed to supporting high standards through its education and certification pathways. However:
- Providers operate independently and are responsible for the services they deliver;
- Autism Swim is not a party to any agreement between you and a Provider; and
- while we aim to support quality and best practice, we cannot guarantee the availability, suitability or outcomes of services provided by individual Providers.
We encourage you to make your own enquiries when selecting a Provider.
8. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Services and all material made available on the Services (Content).
Your use of the Services does not grant or transfer any rights in the Services or the Content.
You are granted a limited licence to access the Services and view the Content in accordance with these Terms.
Any reproduction or redistribution of the Services or the Content is prohibited, except as permitted by law.
9. No commercial use
The Services are for your personal, non-commercial use only.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit or create derivative works from any Content without permission.
If you breach these Terms, we may suspend or terminate your access to the Services and take further action available to us at law.
10. Unacceptable activity
You must not engage in unlawful or inappropriate activity, including:
- breaching privacy or legal rights;
- defaming Autism Swim or others;
- uploading malicious files; or
- posting offensive, harmful or unauthorised material.
If we allow you to post information, we may remove it and/or suspend or terminate your access at our sole discretion and without notice.
11. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Services or the Content.
We do not guarantee that access will be uninterrupted, secure or error-free.
We may restrict, suspend or terminate access to the Services at any time without notice.
12. Liability
Under Australian law, you may have rights (including under the Australian Consumer Law) that cannot be excluded.
To the maximum extent permitted by law, Autism Swim is not liable for any indirect loss, damage or expense.
Our liability is limited to:
- resupply of the Services; or
- payment of the cost of having the Services supplied again.
13. Jurisdiction and governing law
These Terms are governed by the laws of New South Wales, Australia.
14. Payments, Plans and Donations
Payment plans may be offered for certain certifications or services.
By entering a payment plan, you agree to:
- pay all instalments in full; and
- commit for the agreed term.
Pricing, inclusions and payment structures will be outlined at the point of purchase and may change from time to time.
Where Services are provided on a subscription basis:
- subscriptions may automatically renew unless cancelled prior to renewal;
- you are responsible for managing your subscription; and
- fees may change with reasonable notice.
Refunds
Refunds are governed by our Refund Policy
Nothing in these Terms excludes your rights under the Australian Consumer Law.
Donations
Donations made to Autism Swim support our mission and programs and do not create any entitlement to services.
15. Promotions
Promotions may be offered from time to time.
- Promotions are time-limited;
- may be withdrawn or changed at any time; and
- cannot be applied retrospectively unless stated.
Specific promotion terms will be provided at the time of offer.
