Last Updated: 9 October 2025
These Website Terms and Conditions of Use (Terms) govern your use of Swap a Bottle’s website (Website), operated by Swap a Bottle Pty Ltd ABN 87 159 872 367 (we, us, our). By accessing or using our Website, you agree to be bound by these Terms and you acknowledge that we provide the Website to you on these Terms. If you do not agree to these Terms, you must immediately cease using the Website.
1. Definitions
Content means any materials or content on this Website, including information, text, graphics, images, logos, videos, software, HTML, code, or any other materials that contribute to the existence and look and feel of the Website.
Intellectual Property Rights means patents, rights to inventions, copyright, trademarks, trade names, domain names, rights in goodwill, rights in confidential information, and any other intellectual property rights, whether registered or unregistered, including all applications for and renewals or extensions of such rights which subsist now or in future anywhere in the world.
Linked Sites means websites not operated by us that may be linked to this Website.
User Content means any comments, reviews, images, or other materials you contribute to the Website.
2. Amendments to these Terms
- We may revise these Terms at any time. Updates will be effective immediately upon posting to the Website.
- Your continued use of the Website after any changes constitutes acceptance of the updated Terms.
3. Access and Use of the Website
- Your access to this Website is provided on a temporary basis to:
- browse the Website content;
- make purchases (if applicable); and
- interact with Website features as permitted.
- You must:
- use the Website for lawful purposes only;
- comply with all applicable Australian laws and regulations; and
- ensure any information you provide is accurate and complete.
- You must not:
- use any automated process, software, or script to extract or collect data from the Website;
- introduce viruses, trojans, worms, or other harmful materials;
- attempt to gain unauthorised access to our systems or data;
- interfere with the Website’s proper functioning; and
- engage in denial of service attacks or similar disruptive activities.
- Intellectual Property Rights
- The Website and all Content are owned by us or our licensors and are protected by Australian and international intellectual property laws.
- You must not:
- copy, reproduce, or download any part of the Website or Content except as necessary to view the Website;
- modify or create derivative works from the Website or Content;
- use the Website or Content for any commercial purpose;
- remove any copyright or trademark notices; and
- circumvent any technological protection measures.
- Any unauthorised use of the Website or Content may result in legal action.
5. Privacy and Data Protection
- Our collection, use, and storage of personal information is governed by our Privacy Policy at Swap a Bottle Privacy Policy.
- We comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth) including:
- secure storage of personal information;
- limitations on use and disclosure; and
- data breach notification procedures as required by law.
- You have the right to:
- access your personal information;
- request corrections to your information; and
- lodge complaints about privacy breaches.
6. Consumer Rights and Guarantees
- If you purchase goods or services through our Website:
- prices are in Australian dollars and include GST unless stated otherwise;
- payment processing occurs upon order confirmation; and
- we comply with all consumer guarantees under the Australian Consumer Law.
- You have rights under the Australian Consumer Law including:
- goods must be of acceptable quality, fit for purpose, and match descriptions; and
- services must be provided with due care and skill.
7. Limitation of Liability
- Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law.
- Subject to clause (a) above, we exclude liability for:
- indirect, special, or consequential loss;
- loss of profits or revenue;
- business interruption; and
- loss of data or information.
- Our total liability for any claim under these Terms is limited to:
- in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
- in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
8. Prohibited Activities
- You must not:
- commit or encourage criminal offences;
- transmit harmful code or materials;
- upload defamatory or unlawful content;
- infringe third-party rights;
- interfere with other users’ access; and
- attempt to compromise Website security.
- We may:
- remove prohibited materials;
- suspend or terminate access; and
- report violations to authorities.
9. User Content
- By submitting User Content, you:
- warrant you have all necessary rights;
- grant us a worldwide, royalty-free licence to use the content; and
- agree we may remove content at our discretion.
- We do not claim ownership of User Content but reserve the right to:
- moderate submissions;
- edit or remove inappropriate content; and
- disable accounts of repeat offenders.
10. Linked Sites
- Links to third-party websites are provided for convenience only.
- We:
- do not endorse Linked Sites;
- are not responsible for their content;
- have no control over their practices; and
- recommend reviewing their terms of use.
11. Indemnity
You agree to indemnify and hold harmless Swap a Bottle Pty Ltd ABN 87 159 872 367, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- your use of the Website;
- your breach of these Terms; and
- your violation of any law or third-party rights.
12. Governing Law
- These Terms are governed by the laws of New South Wales, Australia.
- Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
13. Severability
If any provision of these Terms is void, unenforceable, or illegal:
- that provision is severed;
- the remaining provisions continue in force; and
- a valid provision most closely matching the severed provision’s intention will replace it.
14. Termination
- We may suspend or terminate your access:
- for any breach of these Terms;
- where required by law; and
- for any other reasonable cause.
- Termination does not affect accrued rights or surviving provisions regarding:
- intellectual property;
- indemnities; and
- liability limitations.
15. Contact Information
For complaints or support:
Email: swapabottle@bigpond.com
Phone: 1300 727 013
Address: 10 Kite Crescent, Murwillumbah, NSW 2484
16. Entire Agreement
- These Terms constitute the entire agreement between us regarding Website use.
- These Terms supersede all prior agreements and understandings.
Dated: 9 October 2025
By using this Website, you acknowledge having read and agreed to these Terms.
