The following terms and conditions ("Terms and Conditions")
govern your use of this Web Site (the "Site"), and by
accessing, viewing, or using the material on the Site, you indicate
that you understand and intend these Terms and Conditions to be the
legal equivalent of a signed, written contract, and equally binding,
and that you accept such Terms and Conditions and agree to be
legally bound by them. If you do not agree with the Terms and
Conditions, you are not granted permission to use the Site and
should exit immediately.
1. Proprietary Rights. All information and materials contained in this Site are protected by law, including, but not limited to, Australia copyright law. Except as indicated, Supply Chain Reality Pty Ltd is the owner of the copyright in the entire content (including images, text and look and feel attributes) and Supply Chain Reality Pty Ltd reserves all rights in that regard. Removing or altering the copyright notice on any material on the Site is prohibited. Supply Chain Reality Pty Ltd also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Site content. Any commercial use of Site content is prohibited without the prior written consent of Supply Chain Reality Pty Ltd. Except as indicated, Supply Chain Reality Pty Ltd owns all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. Please be advised that Supply Chain Reality Pty Ltd actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
2. Communications With the Site. Supply Chain Reality Pty Ltd welcomes your questions, feedback and suggestions. By transmitting any suggestions, information, material, or other content (collectively, "Content") to Supply Chain Reality Pty Ltd, you automatically grant Supply Chain Reality Pty Ltd the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, Supply Chain Reality Pty Ltd is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.
Moreover, This analysis is provided as a service to swimmers and the swimming community. Whilst AnotherPB strives to ensure data is correct, swim times shown on this website cannot be classed as official. Swimmers must refer to official results published by the organisers of the individual meets.
4. Links to Other Web Sites. This Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information and services that may be of interest. You acknowledge that these third-party sites are maintained by persons or organizations over which Supply Chain Reality Pty Ltd exercises no control, and Supply Chain Reality Pty Ltd expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Supply Chain Reality Pty Ltd does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated in the Site.
5. Disclaimers. THIS SITE AND THE INFORMATION CONTAINED HEREIN, ARE PROVIDED "AS IS," AND SUPPLY CHAIN REALITY PTY LTD HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liabilities. ALTHOUGH THE INFORMATION AND RECOMMENDATIONS SET FORTH IN THIS SITE ARE BELIEVED TO BE CORRECT AS OF THE DATE HEREOF, SUPPLY CHAIN REALITY PTY LTD MAKES NO REPRESENTATION AS TO THE COMPLETENESS OR ACCURACY OF SUCH INFORMATION AND RECOMMENDATIONS. SUPPLY CHAIN REALITY PTY LTD SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR THE INFORMATION CONTAIN HEREIN. SUPPLY CHAIN REALITY PTY LTD SHALL IN NO EVENT BE RESPONSIBLE FOR ANY DAMAGES OF WHATSOEVER NATURE DIRECTLY OR INDIRECTLY RESULTING FROM THE PUBLICATION OR USE OF OR RELIANCE UPON SUCH INFORMATION AND RECOMMENDATIONS. NO WARRANTY, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OR OF ANY OTHER NATURE WITH RESPECT TO THE PRODUCT OR TO THE INFORMATION AND RECOMMENDATIONS HEREIN MADE HEREUNDER.
7. Indemnification. You agree to defend, indemnify, and hold harmless Supply Chain Reality Pty Ltd, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including, but not limited to, lawyer's fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.
9. SMS Credits. A pre-paid SMS Credit mechanism is used to provide SMS services and SMS credits must be purchased via this website in order to use this service. SMS Credits can be purchased once registered and subscription membership is not required. SMS credits incur a 20% premium for unsubscribed users.
10. Refunds. Yearly and half yearly subscription pricing requires a commitment for the chosen duration. If you cancel your subscription before the end of the commitment period, you will not receive a full refund. We will refund a pro-rata portion of your purchase price of your most recent renewal (or initial subscription purchase if the subscription was never renewed). The pro-rata amount is calculated as the percentage of the purchase price left if the subscription had been billed at the published monthly rate for each month or part thereof used since the date of original subsrciption or subsequent renewal. Subscriptions cancelled within the first 30 days of original subsrciption or subsequent renewal date will be refunded in full. All remaining SMS credits that were included as part of any cancelled subscription will be deducted from your account. You may cancel your subscriptions by using the Contact Us link.
No refunds are available for any unused SMS credits. However, any unused SMS credits that were purchased separately (i.e. were not included as part of a subscription membership) will remain available to you under your AnotherPB account after the expiry or cancellation of your subscription. SMS services remain available to unsubscribed users of AnotherPB services.
11. Trademarks. AnotherPB: Inspiring Personal Bests is a registered trademark of Supply Chain Reality Pty Ltd
12. Governing Law and Jurisdiction. This Agreement shall be interpreted in accordance with the laws of New South Wales
13. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Supply Chain Reality Pty Ltd with respect to your use of this Site. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Site, Supply Chain Reality Pty Ltd has relied on your agreement to be legally bound by these Terms and Conditions.