(a)          About this website

This is a website operated by Shawty Enterprises Pty Ltd as SHAWTY or SWT Active (“SWT”) under the domain name “[swtactive.com]” (“Website“). Your use of the information, graphics and materials on the website (“Material on this website“) is governed by these terms of use and the privacy policy.

In addition to the terms contained in this document, there are also specific terms and conditions relating to the use of our services. Since you are also bound by these additional terms, you should review any applicable terms and conditions as necessary.

(b)         Links to other website

The Website may contain links to other websites operated by third parties (“Third Party websites“). SWT does not endorse, or approve of the operators of Third Party websites, or the information, graphics and material on those Third Party websites. SWT will not be liable for any products and services offered or any information published on these third party websites.

(c)          Shawty product information and supply

Material on this website may contain general information about SWT products and services. Unless expressly stated otherwise, this information does not constitute an offer or inducement to enter into a legally binding contract and does not form part of the terms and conditions for Shawty products and services.

(d)         Warranties

While we have made every effort to ensure that information is free from error, SWT does not warrant that the material in this website is accurate, complete or up to date. SWT reserves the right to change, add or remove any material in or from the website without notice. We recommend that you seek independent advice before acting upon Material on this website or Third Party Material. SWT does not guarantee that the website or Third Party websites will be free from viruses or any other harmful components.

(e)          Limitation of liability

Subject to any responsibilities implied by law and which cannot be excluded, no member of SWT is liable to you for any losses, damages, liabilities, claims and expenses (including legal fees) whatsoever arising out of or referable to Material on the website.

Liability of SWT for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at SWT ‘s option, to:

• the supply of the goods or services again;
• the repair of the goods; or
• the payment of the cost of having the goods or services supplied again or repaired.

(f)          Jurisdiction

Unless expressly agreed otherwise, the law applicable is the law of the State of Queensland, Australia. By using this site, the parties hereby submit themselves to the exclusive jurisdiction of the Courts of Queensland.

(g)          Copyright and trademark

Copyright in the material on this website is owned or licensed by SWT. Except where necessary for viewing the Material on this website, by law or these terms of use, you must not permit any act which infringes any of those rights. This website may contain trademarks, names, logos, images, designs, copyrights and other proprietary materials owned and registered by third parties. SWT acknowledges the registered owners of these trademarks. Nothing contained within this website should be construed as SWT owning these proprietary materials, unless expressly specified.

(h)         Privacy

Our privacy policy can be accessed here.

(i)          Acceptance and changes to terms of use

You acknowledge and accept that your use of the website indicates your acceptance of these terms of use and the privacy policy. We reserve the right to amend the terms at any time and reserve any rights not expressly granted in these terms of use.

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.