Last updated: 14 December 2025

Please read these Terms and Conditions carefully before using our Website and Services.

Interpretation and Definitions

Interpretation

The words with initial capital letters have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for you to access our Service or parts of our Service.
• Country refers to New South Wales, Australia.
• Company (referred to as either “the Company”, “we”, “us” or “our” in these Terms) means OZZY ONLINE EC PTY LTD (ACN 658 066 098), as trustee for the GGN Suvarna Family Trust, operating the SwayFit website and brand, Suite 4847, 526/368 Sussex Street, Sydney NSW 2000.
• Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
• Feedback means feedback, ideas, suggestions or reviews sent by you regarding the features, performance or experience of our Service or Goods.
• Goods refers to the items offered for sale on or through the Service.
• Orders means a request by you to purchase Goods from us.
• Promotions refers to contests, discount offers, giveaways or other promotional activities offered through the Service.
• Service refers to the Website and any related services we provide.
• Terms and Conditions (also referred to as “Terms”) means these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service, or used by you to log in or interact with the Service.
• Website refers to SwayFit, accessible at https://www.swayfit.com.au/.
• You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms and Conditions govern the use of the Service and form the agreement between you and the Company. They set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Service.

You represent that you are at least 18 years of age. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditional on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes how we collect, use and disclose your personal information and explains your privacy rights and how the law protects you. Please read it carefully before using the Service.

Australian Consumer Law (ACL)

Nothing in these Terms limits or excludes any rights, guarantees or remedies that you may have under the Australian Consumer Law (ACL). Our Goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. If the failure is not major, you are entitled to have the Goods repaired or replaced within a reasonable time.

These rights exist in addition to any change-of-mind returns, store credits or warranties we may offer voluntarily from time to time.

Placing Orders for Goods

By placing an Order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts and that all information you provide to us is true, accurate and complete.

Your Information

If you place an Order for Goods available on the Service, you may be asked to supply certain information relevant to your Order including, without limitation, your name, email, phone number, billing address, shipping address and payment details.

You represent and warrant that:

• you have the legal right to use any credit or debit card or other payment method used in connection with any Order; and
• the information you supply to us is true, correct and complete.

By submitting such information, you authorise us to provide the information to third-party payment processors for the purpose of facilitating payment and completing your Order.

Order Cancellation

We may refuse or cancel an Order at any time, including (but not limited to) where:

• the Goods are unavailable or out of stock;
• there are errors in the description or prices for Goods;
• there are errors or suspected errors in your Order; or
• fraud, unauthorised or illegal activity is suspected.

If we cancel an Order after payment has been processed, we will refund any amounts paid for Goods that will not be supplied, in accordance with your rights under the ACL.

Your Order Cancellation and Return Rights

Any Goods you purchase can be returned in accordance with these Terms, our Warranty, Returns & Refunds Policy and your rights under the ACL.

Our Returns Policy forms part of these Terms. Please refer to it for further information on how to return Goods and what options may be available to you.

Returns under Australian Consumer Law

You are entitled to a remedy if Goods are faulty or defective, not of acceptable quality, do not match their description or sample, or are not fit for their intended purpose. Depending on the nature of the problem, you may be entitled to a repair, replacement, refund and/or compensation as required by the ACL.

Change-of-Mind Returns (if offered)

In addition to your rights under the ACL, we may offer change-of-mind returns as set out in our Returns Policy. Where change-of-mind returns are accepted, Goods must generally be returned:

• in their original, unworn and unused condition;
• with all original tags, hygiene stickers, packaging and documentation included; and
• within the timeframe specified in our Returns Policy.

Refunds for eligible change-of-mind returns will normally be processed using the same payment method you used for the Order, unless otherwise agreed.

Goods Not Eligible for Change-of-Mind Returns

Unless required by the ACL, change-of-mind returns are not available for certain Goods, including but not limited to:

• Goods made to your specifications or clearly personalised;
• Goods that cannot be returned for health protection or hygiene reasons once opened, tried on or worn (for example, certain undergarments or items worn directly against the skin); and
• Goods that have been permanently altered, damaged, washed or are not in the condition in which you received them (other than where required under the ACL).

Nothing in this section affects your rights to a refund, repair or replacement under the ACL for faulty, damaged or misdescribed Goods.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information about our Goods on the Service and in our advertising.

We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability or services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise prices at any time prior to accepting an Order.

After an Order has been accepted, prices may be adjusted only where required due to circumstances outside our reasonable control (for example, changes in customs duties, taxes, shipping or foreign exchange rates). In such cases, we will notify you and you will have the option to proceed or cancel the Order in accordance with your rights under the ACL.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through the methods we make available, such as Visa, Mastercard, American Express, or approved online payment methods (for example, PayPal), as displayed at checkout from time to time.

Payment cards (credit or debit) and payment methods are subject to validation checks and authorisation by your card issuer or payment provider. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery of your Order.

Promotions

Any Promotions made available through the Service may be governed by separate terms and conditions. If you participate in any Promotions, please review the applicable promotion rules as well as these Terms.

If the rules for a Promotion conflict with these Terms, the Promotion rules will apply to the extent of any inconsistency.

User Accounts

When you create an Account with us, you must provide information that is accurate, complete and current at all times. Failure to do so constitutes a breach of these Terms and may result in immediate suspension or termination of your Account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is used with our Service or a Third-party Social Media Service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your Account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or any name that is offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark and other laws of Australia and other jurisdictions. Our trademarks, logos and trade dress must not be used in connection with any product or service without our prior written consent.

Your Feedback to Us

If you provide Feedback to us, you acknowledge that:

• we may use, modify and incorporate your Feedback without obligation to you; and
• you assign to us all rights, title and interest in such Feedback. If this assignment is not effective for any reason, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, distribute and display the Feedback.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your Account and access to the Service immediately, without prior notice or liability, if you breach these Terms or if we determine, at our discretion, that continued access may pose a risk or disruption to the Company, other users or the Service.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may stop using the Service or request Account deletion by contacting us. Termination does not affect any obligations or liabilities incurred before the termination date.

Limitation of Liability

To the maximum extent permitted by law and subject to your rights under the ACL, the Company’s total liability for any claim relating to the Service or Goods purchased through the Service shall not exceed the greater of:

• the total amount actually paid by you for the Goods giving rise to the claim; or
• AUD $200 if no purchase was made.

To the fullest extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential or exemplary damages, including (but not limited to) loss of profits, data loss, loss of opportunity, business interruption, personal injury or loss of privacy arising out of or relating to your use of, or inability to use, the Service or any Goods.

This limitation applies whether the claim is based in contract, tort (including negligence), statute or otherwise, even if we have been advised of the possibility of such damages.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under the Australian Consumer Law or other applicable laws.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by law, the Company expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and any warranties arising from course of dealing or usage of trade.

We do not warrant that:

• the Service will operate uninterrupted or error-free;
• the information, content or materials provided are accurate, complete or up to date;
• the Service will meet your expectations or achieve particular results; or
• the Service or its servers are free from viruses, malware or other harmful components.

Where applicable law does not permit the exclusion of certain warranties, such warranties will be limited to the maximum extent permitted by law.

Governing Law

These Terms are governed by the laws of New South Wales, Australia. Your use of the Service may also be subject to other local, state or international laws, depending on your location.

Disputes Resolution

If you have a concern or dispute relating to the Service, you agree to first contact the Company and attempt to resolve the matter informally before initiating legal or administrative proceedings.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.

United States Legal Compliance

You represent and warrant that:

• you are not located in a country subject to a United States government embargo or designated as a “terrorist-supporting” nation; and
• you are not listed on any United States government prohibited or restricted parties list.

Severability and Waiver

Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted and modified to the minimum extent necessary to render it enforceable. The remaining provisions will continue in full force and effect.

Waiver

Failure by either party to enforce any right or obligation under these Terms does not constitute a waiver of that right or obligation. A waiver of one breach does not constitute a waiver of any future breach.

Translation Interpretation

If we provide these Terms in a language other than English, the English version will prevail in the event of any conflict or discrepancy.

Changes to These Terms and Conditions

We may update or modify these Terms from time to time. Where changes are material, we will use reasonable efforts to provide at least 30 days’ notice before the new Terms take effect. What constitutes a material change is determined at our discretion.

By continuing to use the Service after the revised Terms take effect, you agree to be bound by the updated Terms. If you do not accept the revised Terms, you must stop using the Service.

Contact Us

If you have any questions about these Terms & Conditions, you can contact us:

• Email: admin@swayfit.com.au
• Website: https://www.swayfit.com.au/contact-us/