Terms of service

Last Updated: January 2026

These Terms of Service (“Terms”) govern your access to and use of the website located at https://swtactive.com/ (the “Site”), including any purchases made through the Site.

The Site is operated by Shawty Enterprises Pty Ltd (ACN 662 148 594) trading as SWT Active (“SWT Active”, “we”, “our”, or “us”).

By accessing the Site, creating an account, or placing an order, you agree to be bound by these Terms. If you do not agree, you must not use the Site.

1. Eligibility

You must be at least 13 years old to use the Site.

If you are under 18 years of age, you may use the Site only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Accounts

If you create an account, you agree to:

  • Provide accurate and current information

  • Maintain the confidentiality of your login credentials

  • Accept responsibility for all activity under your account

We may suspend or terminate accounts if we suspect fraud, abuse, or breach of these Terms.

3. Orders & Contract Formation

All orders placed through the Site constitute an offer to purchase.

We may accept or reject any order in our sole discretion, including where:

  • Products are unavailable

  • Pricing or product description errors occur

  • Fraud or unauthorized activity is suspected

  • Payment cannot be verified

A binding contract is formed only once we confirm acceptance of your order.

We reserve the right to limit quantities purchased.

4. Pricing, Currency & Taxes

Prices are displayed in the currency shown at checkout and may vary depending on your geographic location.

Prices may be shown in AUD, USD, GBP, EUR, or other supported currencies.

Unless otherwise stated:

  • International customers are responsible for import duties, customs charges, and local taxes.

  • Currency conversion rates are determined by your payment provider.

We reserve the right to correct pricing errors prior to shipment.

5. Shipping & Delivery

We ship to Australia, the United States, and select international destinations.

Delivery timeframes are estimates only and are not guaranteed.

Title to products transfers upon full payment.

Risk of loss transfers to you once the products are delivered to the shipping carrier.

We are not responsible for delays caused by carriers, customs authorities, or events beyond our reasonable control.

6. Returns & Refunds

Returns are governed by our Returns Policy available on the Site.

Nothing in these Terms excludes rights that cannot be excluded under applicable consumer protection laws.

7. Accessibility

SWT Active is committed to providing a website experience that is accessible to all individuals, including persons with disabilities.

Our Accessibility Statement, which outlines our accessibility practices and contact information for reporting accessibility concerns, is available on the Site.

If you experience difficulty accessing any part of the Site, you may contact us at the email address listed below, and we will make reasonable efforts to provide assistance and improve accessibility where practicable.

Nothing in this section creates any contractual rights beyond those required under applicable law.

8. Consumer Law Notice

For Australian customers: Your rights under the Australian Consumer Law (ACL) are not excluded.

For United States customers: You may have rights under federal and state consumer protection laws that cannot be waived.

For customers in other jurisdictions: Mandatory local consumer protection laws apply to the extent required.

9. Promotions & Discount Codes

Promotional codes:

  • Must be used in accordance with their stated conditions

  • Cannot be combined unless expressly permitted

  • Have no cash value

  • May be withdrawn or modified at any time

We reserve the right to cancel orders that misuse promotional codes.

10. Chargebacks & Fraud Prevention

We reserve the right to investigate suspected fraudulent transactions.

If you initiate a chargeback without valid legal basis:

  • We may suspend your account

  • We may dispute the chargeback

  • We may seek recovery of associated costs and fees where permitted by law

11. Intellectual Property

All content on the Site, including logos, designs, text, graphics, product images, and trademarks, is owned by or licensed to SWT Active.

You may not reproduce, distribute, modify, transmit, publish, or commercially exploit any content without prior written consent.

12. User Conduct

You agree not to:

  • Use the Site for unlawful purposes

  • Interfere with Site security

  • Introduce malicious code

  • Attempt unauthorized access

  • Use scraping or automated tools without permission

13. Disclaimer

To the maximum extent permitted by law, the Site and products are provided on an “as is” and “as available” basis.

We do not guarantee that:

  • The Site will be uninterrupted or error-free

  • Product images will perfectly reflect actual product color or appearance

14. Limitation of Liability

To the maximum extent permitted by law, our total liability arising out of or relating to any product or these Terms will not exceed the amount paid by you for the relevant product.

We are not liable for:

  • Indirect, incidental, or consequential damages

  • Loss of profit, revenue, goodwill, or opportunity

  • Business interruption

  • Data loss

Nothing in this section limits liability that cannot be limited under applicable law.

15. Force Majeure

We are not liable for delay or failure to perform due to events beyond our reasonable control, including natural disasters, supply chain disruptions, carrier delays, or government actions.

16. Dispute Resolution – United States Customers

If you are located in the United States:

(a) Any dispute arising out of or relating to these Terms or your purchase will be resolved by binding individual arbitration.

(b) Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

(c) You waive the right to participate in a class action, class arbitration, or representative proceeding.

(d) You waive the right to a jury trial.

(e) Arbitration will take place in your state of residence unless otherwise required by applicable law.

(f) Prior to initiating arbitration, you agree to contact us at support@swtactive.com and attempt to resolve the dispute informally. Both parties agree to make a good faith effort to resolve the dispute within 30 days before commencing arbitration.

The arbitration shall be conducted on an individual basis only and not in a consolidated, class, or representative action. This section does not apply where prohibited by law.

17. Governing Law

For Australian customers: These Terms are governed by the laws of Queensland, Australia.

For United States customers: The Federal Arbitration Act governs the arbitration provisions.

For customers in other jurisdictions: Nothing in these Terms limits mandatory rights under local law.

Except where otherwise required by mandatory local law, any disputes not subject to arbitration shall be resolved exclusively in the courts of Queensland, Australia.

18. Termination

We may suspend or terminate access to the Site if you breach these Terms.

Termination does not affect any rights accrued prior to termination.

19. Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

20. Changes to Terms

We may update these Terms at any time by publishing revised Terms on the Site.

Continued use of the Site constitutes acceptance of updated Terms.

21. Contact

For questions regarding these Terms, please contact:

Email: support@swtactive.com

22. Mobile Terms of Service

The SWT mobile message service (the "Service") is operated by SWT (“SWT”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to SWT’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of SWT through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with SWT. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to SWT or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other SWT mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to SWT or email support@swtactive.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.