Website Terms and Conditions of Use

Welcome to our Website! There are a few rules that our visitors must follow when using our site, so we ask all our visitors to read our Terms and Conditions of Use (the “Terms and Conditions”) carefully.

This Website is brought to you by Speedo South Africa (“Speedo”), and all rights, including copyright, in the content of the Website is owned or controlled by Speedo.

If you have any comments or queries relating to this Website, please contact us via email at:sales@speedo.co.za or by post to:

1. What do I agree to by entering the Website?

You are invited to use speedo.co.za together with any associated microsites (the “Website”) on the basis of these Terms and Conditions.

By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.

Speedo may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.

If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.

These Terms and Conditions regarding your use of the Website constitute a legally binding agreement between you and Speedo.

These Terms and Conditions will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms and Conditions, the Privacy Policy, any additional terms or rules featured in the Website, including any indemnities, warranties and limitations of liability.

2. The Features

The Website may offer the following features to you: competitions, prize draws, downloading of screensavers, desktops, blogs, sound files and video files (the “Features”). The Website may also provide rules of participation for certain Features including, but not limited to competitions and prize draws, membership clubs, and email services.

3.Conditions of Using Features on the Website

You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:

a) Not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;

b) Not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any other user of the Website or other party;

c) If you or any other party has any issues or concerns with, or complaints about the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and

d) That all Features will be used entirely at your own risk and Speedo accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.

If Speedo is informed or has any reason to believe that any of the Features on its Website are being used by a user other than in accordance with these Terms and Conditions, Speedo reserves the right to suspend or permanently prevent access by that user to the Features and shall have no liability to the user whatsoever in such event.

4. Your Conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not use the Website:

for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;

to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or is in breach of copyright, trade mark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, commercial solicitation, chain letters, mass mailings or any ‘spam’; or to cause annoyance, inconvenience or needless anxiety to any other person.

5. Privacy Policy

Please ensure that you read our Privacy Policy to learn about what personal information we collect at this site, how we handle it and for what purposes we use it.

6. Licence for Website Access

Speedo grants you a limited licence to access and make personal use of this Website. The licence does not allow you to download (other than where specifically indicated, or for the purpose of page caching) or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of this Website or its contents; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

7. Website Content – Accuracy and Permitted Use

Speedo makes every effort to ensure that the content of the Website is accurate and up-to-date, but Speedo does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.

Speedo may remove material or Features, from the Website at its own discretion and without any notice.

This Website is intended to provide amongst other things, information relating to Speedo products and is designed for personal, non-commercial use only. You may not use any of the material appearing on the Website to further any commercial purpose, including (but not limited to) selling any Speedo products on Ebay or any other auction site, advertising or to promote or encourage traffic to any other website.

Speedo does not verify, endorse, or have any responsibility for any third party websites, their business practices, or any goods or services associated with or obtained in connection with any such website which is linked to or from this website. For the avoidance of doubt, Speedo is not responsible for the content in any such third party website.

8. Intellectual Property Rights

You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website software, content, compilation of such content included on the Website such as text, graphics, logos, button icons and images, (excluding competition entries, where indicated to the contrary in the Competition Terms and Conditions), and all HTML and other code involved in this Website (“Intellectual Property Rights”), shall remain at all times vested in Speedo or its subsidiaries, its affiliates or its content suppliers and that these are protected by UK, European and International copyright and database right laws other laws and international treaty provisions.

You may not modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, or use any logo or trade mark which is featured on the Website or other proprietary graphic or trade mark as part of the link without our express written consent. You may not frame or use similar techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Speedo and its affiliates. You may not use any meta tags or any other ‘hidden text’ utilising Speedo or its affiliates’ names or trade marks. Any unauthorised use shall terminate the permission or license granted by Speedo.

Nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.

9. Disclaimer and Limitation of Liability

The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.

We will do our utmost to ensure uninterrupted availability of the Website and that transmissions will be without errors. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

While Speedo takes all reasonable steps to ensure that the Website is accurate and up-to-date, and properly functioning at all times, Speedo does not offer any representations or warranties of any kind (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the Website; the information, content, materials, or products included on this Website; that your access to the Website will be uninterrupted, timely, secure or error-free; that defects will be corrected; or that this Website, e-mails sent by us or the server that makes the Website available are free of software viruses or bugs or other harmful components or defects.

Speedo has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Speedo shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.

Speedo does not exclude liability for death or personal injury. However, by accepting these Terms and Conditions and using the Website, you accept that Speedo cannot be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

10. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time. Your use of the Website will be subject to the policies and Terms and Conditions in force at the time that you use the Website, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

11. Events Beyond our Reasonable Control

Speedo will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

12. Waiver

If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

13. Disputes

Any dispute relating in any way to your visit to the Website shall be submitted to the courts of South Africa,

14. Governing Law and Jurisdiction

These terms and your use of this Website shall be governed by and construed in accordance with South African Law.

By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

Those persons outside England and Wales who choose to use or access this Website from their own jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.

15. Our Details

SPEEDO, AQUALAB, FASTSKIN, THE RACING SYSTEM, SPEEDO BIOFUSE, SPEEDO ENDURANCE, SPEEDO SCULPTURE and LZR RACER registered trade marks of and used under license from Speedo Holdings B.V.

The LZR RACER suit has worldwide design rights and patents. The FASTSKIN³ cap, goggle and suit has worldwide design rights and patents pending.

speedo.co.za is a registered domain name of Speedo International Limited.

 

Information we may collect from you

Speedo South Africa (“We”) are committed to protecting and respecting your privacy.

This policy (together with our terms of use sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Speedo South Africa
 

What do we do with the information?

We may collect and process the following data about you:

Information that you provide by filling in forms on the site. This includes information provided at the time of registering to use our site, posting material, creating or updating your personal profile.

If you contact us, we may keep a record of that correspondence.

Details of downloads you carry out through our site.

Details of your visits to our site including, but not limited to, traffic data, location data and other communication data.
 

IP addresses

Speedo (and those people or companies employed by Speedo who help make this Website, its content and its services) will process and use the above data in order to record your usage of the site, images downloaded and any other information necessary for Speedo to manage the site effectively.

Beyond this we will not share your information with any other company without your consent unless we are required to do so by law.

We will never sell your information to any other company.
 

Cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
 

Where we store your personal data

Our website uses cookies to improve its content and ease of use. Cookies are small files of letters and numbers that we put on your computer if you agree.

We use session cookies that allow you to be remembered within the website, so any page changes or item or data selection you do is recalled from page to page. This means that you don’t get asked the same information that you’ve already given to the site. These cookies are temporary and are erased when you close your browser at the end of your surfing session.

We use tracking cookies. These help us to remember your information and settings when you visit our website in the future. This results in a faster and more convenient access and may enhance your experience of services or functions we offer. These cookies remain on your hard drive until you delete them or they expire (they have varying expiry dates, going up to two years).

We also use web analytics cookies to help us understand what content is most useful to our visitors. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they’re using it. This helps us to improve the way our website works, for example by making sure that users are finding what they need easily.

Our cookies do not keep personally identifiable information. None of the data we get from cookies will contain information that will enable anyone to contact you via telephone, email, or any other means.

You can block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies, you may not be able to access all, or parts of our site, and might not be able to shop on the website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon you visit our site.

Please visit www.aboutcookies.org to find out more about cookies.
 

Uses made of the information

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.

By submitting your personal data, you agree to this transfer, storing or processing. Speedo will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
 

Disclosure of your information

We use information held about you in the following ways:

To ensure that content from our site is presented in the most effective manner for you and for your computer.

To carry out our obligations arising from any contracts entered into between you and us.

To allow you to participate in interactive features of our service, when you choose to do so.

To notify you about changes to our service.
 

Privacy policy

You are invited to use speedo.co.za together with any associated microsites (the “Website”) on the basis of these Terms and Conditions.

By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.

Speedo may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.

If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.

These Terms and Conditions regarding your use of the Website constitute a legally binding agreement between you and Speedo.

These Terms and Conditions will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms and Conditions, the Privacy Policy, any additional terms or rules featured in the Website, including any indemnities, warranties and limitations of
 

Changes to our privacy policy

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

If Speedo or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, and other agreements or to protect the rights, property, or safety of Speedo, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
 

Contact

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.