Terms of service

OVERVIEW

Welcome to Dekota Swim!
The terms “we”, “us” and “our” refer to Dekota Swim, a business operated by Max Impact Pty Ltd (ABN 29 629 204 299). Dekota Swim operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). Dekota Swim is powered by Shopify, which enables us to provide the Services to you. These Terms of Service (“Terms”) describe your rights and responsibilities when you use our Services. By visiting or purchasing from our website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use or access our Services.

1. ACCESS AND ACCOUNT

You must be at least the age of majority in your state or territory of residence to use our Services. You agree that any information you provide (including billing, shipping, and payment details) is true, accurate, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

2. OUR PRODUCTS

We strive to display our products as accurately as possible, but colour and appearance may vary depending on your device and settings.
We do not guarantee that any product will meet your expectations. Product descriptions, pricing, and availability may change at any time without notice.

3. ORDERS

Placing an order constitutes an offer to purchase. Orders are accepted only after payment is processed and confirmed.
Dekota Swim reserves the right to cancel or refuse orders for any reason.
Returns are subject to our Refund Policy.
All purchases are for personal, non-commercial use only.

4. PRICES AND BILLING

Prices, promotions, and discounts may change without notice. All prices are in Australian dollars (AUD) and exclude shipping and taxes unless stated otherwise.
You agree to provide accurate and up-to-date payment details to complete your purchase.

5. SHIPPING AND DELIVERY

Shipping times are estimates only and may vary due to carrier delays or customs processes.
Once your order is handed to the carrier, risk of loss transfers to you.
Customers are responsible for any customs duties, import taxes, or additional fees charged by their country.

Nothing in these Terms limits your rights under the Australian Consumer Law (ACL).

6. INTELLECTUAL PROPERTY

All content on this website—including text, graphics, logos, and photos—is owned by Dekota Swim, its affiliates, or licensors, and protected by applicable copyright and trademark laws.
You may not copy, reproduce, or distribute our content without prior written consent.

7. OPTIONAL TOOLS

Third-party tools or plugins (e.g., Shopify apps) are provided “as is.”
Use them at your own risk and review their terms before use.

8. THIRD-PARTY LINKS

Our Services may include links to external sites. We are not responsible for the content or accuracy of any third-party materials or websites.
Please review their terms and policies before engaging in any transaction.

9. RELATIONSHIP WITH SHOPIFY

Dekota Swim is powered by Shopify, which enables us to provide the Services.
All purchases are made directly with Dekota Swim, and Shopify is not responsible for any issues arising from your transactions with us.

10. PRIVACY POLICY

Your personal information is collected in accordance with our Privacy Policy.
Because our store is hosted by Shopify, some of your data is also handled under Shopify’s Privacy Policy.

11. FEEDBACK

By submitting reviews or feedback, you grant us a worldwide, royalty-free license to use and display that content for marketing or operational purposes.
We may remove any content we deem inappropriate or unlawful.

12. ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct any typographical errors or inaccuracies on the site and to cancel orders affected by such errors.

13. PROHIBITED USES

You agree not to use the Services for any unlawful, fraudulent, or abusive purpose, including spam, hacking, impersonation, or infringement of others’ rights.
We reserve the right to suspend or terminate access if these Terms are violated.

14. TERMINATION

We may suspend or terminate your access to the Services at any time.
Provisions related to intellectual property, limitation of liability, indemnification, and governing law survive termination.

15. DISCLAIMER OF WARRANTIES

Except as required under the Australian Consumer Law, the Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Dekota Swim and its affiliates will not be liable for indirect, incidental, or consequential damages arising from the use of our Services or products.

17. INDEMNIFICATION

You agree to indemnify and hold harmless Dekota Swim, Max Impact Pty Ltd, Shopify, and their affiliates from any claims or damages arising from your breach of these Terms or misuse of the Services.

18. SEVERABILITY

If any part of these Terms is found invalid, the remaining provisions continue in full effect.

19. WAIVER; ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Dekota Swim.

20. ASSIGNMENT

You may not assign your rights under these Terms without our written consent.
We may assign our rights or obligations at any time.

21. GOVERNING LAW

These Terms are governed by the laws of Western Australia, Australia.
You agree to submit to the exclusive jurisdiction of the courts located in Western Australia.

22. HEADINGS

Headings are for convenience only and do not affect interpretation.

23. CHANGES TO TERMS OF SERVICE

We may update or modify these Terms at any time by posting changes on our website.
Material changes will be communicated where required by law.
Your continued use of the Services constitutes acceptance of the updated Terms.

24. CONTACT INFORMATION

Questions about these Terms can be sent to:

Dekota Swim
Email: admin@dekotaswim.com.au

Business Name Holder: Max Impact Pty Ltd
ABN: 29 629 204 299
Registered in: Western Australia, Australia