Terms & Conditions

Welcome to speedo.com. By accessing this website and/or placing an order, you agree to be bound by the terms and conditions set out below. Please read them carefully before using the site. If you do not agree to these terms, you should not use or access this website.

Terms of Service

E-COMMERCE
U.S. TERMS OF USE – “SPEEDO”

Effective
Date: June 23, 2026

BY AGREEING TO THESE TERMS, YOU AND SPEEDO
AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS
ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY
JURY TRIAL. THIS
ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER DOES NOT APPLY TO CONSUMERS IN
JURISDICTIONS WHERE MANDATORY CONSUMER ARBITRATION OR CLASS ACTION WAIVER IS
PROHIBITED BY LAW. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH SPEEDO YOU MAY OPT OUT OF
ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 9.

1.
WHO WE ARE AND HOW TO CONTACT US

Welcome to ca.speedo.com (the “Website”).
This Website is owned and operated by Speedo Canada Distribution, Inc., a registered
corporation with its principal place of business at Unit 210, 1179 King
Street West, Toronto, ON M6K3C5.

Our registered office address is provided for
company and statutory purposes. If you have any general enquiries or customer
service matters, including in relation to an order you have placed, please
email us at customerservice@speedo.com or use the Contact Us Form.

2.
USE OF OUR WEBSITE

By accessing and using this Website, you agree
to be bound by the Terms of Use so please read these terms carefully. If you do
not agree with these Terms of Use, you must not use our Website. We recommend
that you print a copy of these Terms of Use for future reference. Your use of
the Website is also governed by our Privacy Policy and Cookie Policy which are incorporated herein by reference and
as amended from time to time. The Website only sells products to individuals
who can purchase with a credit/debit card or other accepted payment methods as
listed at checkout. If you are under 18 (or the age of majority in your
jurisdiction of residence), you may only use the Website with the express
permission and supervision of a parent or guardian.

CHANGES TO THE TERMS

We may update these Terms of Use from time to
time and will display the effective date of the revised terms at the top of the
page. If we make material changes, we may provide you with notice of such
changes, such as by sending an email or updating the effective date at the top
of these Terms of Use. Your continued use of the Website after the effective
date will confirm your acceptance of the changes, except where applicable law requires your express
consent to such changes or grants you the right to refuse the amendment and
rescind the agreement without penalty. If you do not agree to the amended Terms of Use, you must immediately
stop using the Website. Every time you wish to use our Website, please check
this page to ensure that you understand the terms that apply at that time.

CHANGES TO THE WEBSITE

We may update and change our Website, the
design or the content on the site from time to time, to reflect changes to our
products, our user’s needs and our business priorities. Please note that some
content on the Website may be out of date at any given time, and we are under
no obligation to update it.

3.
YOUR ACCOUNT

REGISTRATION

To access certain features on the Website, you
will need to register an account. Please ensure that your details are true,
accurate, current and complete in all respects. You must inform us immediately of
any changes to your information.

KEEP YOUR ACCOUNT SAFE

Please ensure that you keep your
username, password, payment information and other login credentials secure and
do not allow anyone else to use your account. You are responsible for
maintaining the confidentiality of your account and password and for preventing
unauthorised access to your account. You must take all necessary steps to
ensure access to your account remains confidential and secure and immediately
inform us if you become aware of any unauthorised use of your account. You
agree to accept responsibility for all activities that occur under your account
or password. To the maximum extent allowed by applicable law, Speedo is not
liable for any loss or activity as a result of your own actions and/or
inactions from the unauthorised use of your account.

4.
OWNERSHIP OF CONTENT

OUR
INTELLECTUAL PROPERTY RIGHTS IN THE WEBSITE AND ITS CONTENT

Other than in relation to links to the
third-party websites, we or our licensors, are the owners or the licensee of
all intellectual property rights in the Website and in the material published
on it, including the design and content of the Website and all brand names and
trademarks. All such rights are protected by copyright, trademark, patent and
other laws and are reserved to us. Speedo reserves all rights not expressly
described in these Terms of Use. Nothing in these Terms of Use will be
interpreted as giving you ownership or rights in such intellectual property or any
data related thereto. Without prejudice to the above, you acknowledge and agree
that the trade names, logos, and other trademarks and service marks associated
with Speedo are our property. Unless expressly permitted, you are not permitted
to use our intellectual property without our prior written consent.

WHAT YOU CANNOT DO

By using our Website, you agree
not to:

·
do anything which will or might damage,
interrupt or impair the functionality of the Website or its content or which
imposes an unreasonable or disproportionately large load on the Website’s
infrastructure;

·
obtain unauthorised access to the Website or any
private or member account areas on the Website;

·
purchase products through the Website for
resale, commercial use, or distribution;

·
do, cause or permit anything to be done that may
infringe, damage or interfere with any of our intellectual property rights, our
licensors or any third party;

·
disassemble or reverse-engineer any of the
software making up a part of the Website;

·
engage in any other conduct that restricts or
inhibits any other person from using or enjoying the Website;

·
probe, scan, or test the vulnerability of the
system or network or to breach security or authentication measures without
proper authorization;

·
interfere with the Website in any way, including
without limitation by engaging in unauthorised spidering, scraping or
harvesting of content, contact or other personal information, using any other
unauthorised automated means to compile information or flooding, spamming or
crashing the Website;

·
use, or attempt to use, any automated system,
software, script, bot, crawler or other automated means to access, interact
with, or make purchases through the Website, including (without limitation)
tools designed to place multiple orders, bypass security measures, scrape data,
monitor stock levels or gain any unfair advantage during product launches or
promotions;

·
engage in any fraudulent, deceptive, or
manipulative behaviour in connection with your use of the Website, including
creating multiple accounts, using false or misleading information, or
attempting to circumvent any technical controls, purchase limits, or account
restrictions;

·
collect, store or use any information from or
about another user;

·
do anything which is otherwise unlawful or which
may cause any liability to us;

·
do anything that breaches any applicable local
or international law or regulation; or

·
attempt to do any of the above.

Speedo may monitor activity on
the Website, including for security and fraud-prevention purposes. We reserve
the right to refuse, block, or cancel any orders, restrict access to the
Website, or suspend or close your account if we reasonably believe you have
used automated tools, engaged in fraudulent activity, or otherwise violated
these Terms of Use.

COMMENTS, FEEDBACK AND IDEAS

You understand that any comments,
feedback, or ideas that you send to us are provided on a non-confidential basis
and you grant to Speedo a perpetual, worldwide license to use all comments,
feedback and ideas you may share with us, without notice, compensation or
acknowledgment to you, for any purposes whatsoever, including but not limited
to developing, manufacturing and marketing products and services and creating,
modifying or improving products and services.

This Website may include
information and materials uploaded by other users of the site, including
customer review sections (“User Content”). We have no obligation to review User
Content and User Content has not been verified or approved by us. We may remove
or refuse to post any User Content. The views expressed by other users on our
site do not represent our values or us. If you wish to submit a complaint
regarding User Content, you may Contact Us.

THIRD-PARTY LINKS

As a
convenience to you, the Website may include links to other websites or material
which is provided by third parties. These links are provided for your
information only and your access and use of the third-party websites and
materials may be subject to additional terms, conditions, or policies. Such
links should not be interpreted as approval by us of those linked websites or
information you may obtain from them. We have no obligation to monitor
third-party websites or materials and we may remove links to such websites and
materials from the Website at any time.

We have no
control over the content of those websites or resources and we accept no
responsibility for the availability, suitability or content of such websites
and nor do we review or endorse them or any views expressed within them. We
will not be responsible for the privacy practices or content of such websites,
nor will we be responsible for any damage, loss or offence caused or alleged to
be caused that may arise from your use of them.

Terms of Sale

TERMS OF SALE

PLACING
ORDERS ON THE WEBSITE

Eligibility to Order. To
place an order on the Website, you must be at least 18 years old (or the age of
majority in your jurisdiction of residence) or older, as required under
applicable law, or acting with parental or guardian consent where legally
required. You are strictly prohibited from purchasing any of the products on
the Website for resale. Speedo has the right to, without any limitation,
restrict sales to you, cancel your orders, and/or suspend or close your account
at its discretion. If we cancel an order because you are not eligible to order,
it will be without charge to you.

Restrictions on Large Orders. We
reserve the right to impose limits on the number of units of any product that
you may purchase in a single order or across multiple orders. This includes,
without limitation, the right to restrict, refuse, or cancel orders that we
believe, in our sole discretion:

·
involve the purchase of multiple units of the
same product that exceed normal personal use;

·
form part of a pattern of repeated large orders;

·
indicate purchasing for resale, commercial use,
or distribution; or

·
are otherwise inconsistent with these Terms of Use.

If we cancel an order under this
clause, we will refund any amounts you have already paid for the cancelled
products. We may also, at our discretion, suspend or close your account if we
reasonably believe you are attempting to purchase products for resale.

This clause does not affect your
statutory rights.

Fraud Check. When you
place an order, we may carry out verification checks before fulfilment,
including address verification and fraud screening. We use both automated and
manual processes in line with the fraud prevention measures described in our
Terms of Use, to identify unusual, suspicious or potentially fraudulent
transactions. We reserve the right to cancel any order where reasonably suspect
fraud or unauthorised activity, and any suspected fraud on the Website may be
investigated and, where appropriate, reported to the relevant authorities
and/or prosecuted.

PRICING
AND PAYMENT

If you wish to make a purchase,
you may be asked to supply certain information, such as your payment card
number and its expiration date, your billing address, and your shipping
information. You authorize us and our third-party payment processors to charge
the payment method you provide for the total amount displayed at checkout. You
represent and warrant that (a) the payment information supplied is true,
correct, and complete; (b) you are duly authorized to use any payment method
that you submit in connection with a purchase; and (c) you will pay all charges
incurred by you, including any applicable taxes. We may receive updated
information from your issuing bank or our payment service provider about any
payment method you have stored with us, and you authorize us to charge your
payment method, including any updated payment method information we receive,
for any charges you are responsible for under these Terms of Use. All purchases
are exclusive of any applicable taxes, duties, or fees, which will be added at
checkout.

Product pricing and availability
are subject to change at any time without notice. All prices are displayed in
U.S. dollars unless otherwise indicated at checkout. If your payment method is
denominated in a different currency, the applicable exchange rate and any
associated conversion fees will be determined solely by your bank, card issuer,
or payment provider. Speedo is not responsible for any currency conversion
costs, foreign transaction fees, or other charges imposed by your payment
provider in connection with a purchase.

In the event that a product is
listed at an incorrect price due to a typographical, technical, or other error,
Speedo reserves the right to cancel or refuse any order placed for such
product, regardless of whether the order has been confirmed or your payment
method has been charged. If your payment method has already been charged for an
order that Speedo subsequently cancels pursuant to this section, Speedo will
issue a refund in the amount charged.

If your payment method is
declined or a transaction otherwise fails to process, your purchase will not be
completed, and no products will be delivered to you. You are responsible for
ensuring that your payment method is valid, current, and has sufficient funds
or credit available at the time of purchase. Speedo is not liable for any loss
or inconvenience arising from a failed or declined payment transaction.

Payment transactions made through
the Website may be processed by third-party payment processors engaged by
Speedo. By completing a purchase, you acknowledge that your payment information
may be transmitted to and processed by such processors and that your use of
their services may be subject to their own terms of service and privacy
policies. While Speedo requires its payment processors to handle your
information in accordance with applicable law, Speedo is not responsible
for independent acts, omissions, or errors of any third-party
payment processor that are beyond Speedo's reasonable control.

RETURNS

Returns, refunds, and exchanges will be subject
to our Returns
Policy.

PRODUCT
DESCRIPTION AND IMAGES

While we take reasonable care to
ensure that all product descriptions, images and specifications on the Website
are accurate and up to date, they are provided for general information only.
Due to differences in device display settings, lighting conditions and
manufacturing processes, the colours and appearance of products may vary
slightly from the images shown on the Website.

We do not guarantee that your
device’s display of any colour will be accurate. Any minor variations in
colour, material, dimensions or finish that do not materially affect the
quality or performance of the product will not constitute a defect or misdescription.
This does not affect your statutory rights in relation to products that are
faulty or not as described.

DELIVERY

Products will be shipped to an
address designated by you, if applicable, so long as such address is complete
and complies with the shipping restrictions set forth in these Terms of Use or
otherwise contained on the Website. You will pay all shipping and handling
charges specified during the ordering process. All transactions are made
pursuant to a shipment contract and, as a result, except to the extent
prohibited under applicable law, risk of loss and title for products pass to
you upon delivery of the products to the carrier. You are responsible for
filing any claims with carriers or insurers for damaged or lost shipments,
except to the extent risk of loss remains with Speedo under applicable law. Any
shipping dates provided are approximate and not guaranteed. We are not liable
for any delays in shipments, except to the extent such limitation is prohibited
by applicable law.

CANCELLATIONS

We reserve the right to delay, refuse, or
cancel any order prior to delivery. For example, if there are errors on the Website
or made in connection with your order or inaccuracies in product or pricing
information or product availability, we reserve the right to correct the error
and charge you the correct price or cancel your order. We will contact you if
any portion of your order is canceled or if additional information is required
to accept your order. Occasionally, the manufacture or distribution of a
certain product may be delayed. In such event, we will make reasonable efforts
to notify you of the delay and keep you informed of the revised delivery
schedule.

RESERVATION OF RIGHTS

We reserve the right, including without prior
notice, to limit the available quantity of or discontinue making available any
product; to impose conditions on honoring coupons, discounts, or similar
promotions; to bar any user from making any transaction; to alter the payment
option for products; and to refuse to provide any user with any product.

2.
IMPORTANT DISCLAIMERS

DISCLAIMER OF WARRANTIES

Except as otherwise provided in a writing by us
and to the fullest extent permitted under applicable law, this Website and
the information, content, materials or products included on this Website are
provided by Speedo on an “as is” and “as available” basis. Speedo makes no
representation or warranties of any kind, express or implied, as to the
operation of this Website or the information, content, materials or products
included on this Website. It is expressly agreed by you that your use of this
Website is at your sole risk.

Speedo disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of title, merchantability and fitness for purpose and
non-infringement to the fullest extent permissible by applicable law. Speedo
does not warrant that this Website, its servers, or e-mail by us are free of
viruses or other harmful components. We hope you enjoy and get the full benefit
of the Website; however, we do not guarantee any results. Speedo will not be
liable for any damages of any kind arising from the use of this Website,
including, but not limited to direct, indirect, incidental, punitive, and
consequential damages.

INDEMNITIES

To the fullest extent permitted by applicable
law, you agree to indemnify, defend and hold harmless Speedo, its
directors, officers, employees, agents and affiliates from and against any
claims, liabilities, damages, losses, costs and expenses (including reasonable
legal fees) arising out of or in connection with:

(a) your
breach of these Terms of Use;

(b) your
access and use of the Website and products, including any fraudulent, abusive,
or unlawful activity;

(d) your
violation of applicable law;

(e) your
violation, misappropriation, or infringement of any rights of another
(including intellectual property rights or privacy rights); or

(f) your
failure to safeguard your account credentials or prevent unauthorised access to
your account.

LIMITATION OF LIABILITY

To the fullest extent
permitted by applicable law, we will not be liable to you under any theory of
liability (whether based in contract, tort, negligence, strict liability,
warranty, or otherwise) for any indirect, consequential, exemplary, incidental,
punitive, or special damages or lost profits, even if we have been advised of
the possibility of such damages.

Our total liability for any
claim arising out of or relating to these Terms of Use, regardless of the form
of the action, is limited to $500.

The limitations set forth in
this Section will not limit or exclude liability for our gross negligence,
fraud, or intentional misconduct or for any other matters in which liability
cannot be excluded or limited under applicable law. Additionally, some jurisdictions
do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitations or exclusions may not apply to you.

3.
SUSPENSION / TERMINATION

Our Website is made available
free of charge. We do not guarantee that our Website, or any content on it,
will always be available or be uninterrupted. We may terminate, suspend,
withdraw or restrict the availability of all or any part of our site for
business and operational reasons at any time and for any reason, without any
liability to Speedo, subject to applicable law.

You are responsible for ensuring
that all persons who access our Website through your internet connection are
aware of these Terms of Use and other applicable terms and conditions, and that
they comply with them.

These Terms of Use remain in
effect after your account is terminated or you have stopped using the Website.

4.
CHOICE OF LAW / JURISDICTION

These Terms of Use, their subject
matter and their formation are governed by the laws of the State of California,
without regard to
conflict-of-law rules that would apply the laws of another jurisdiction.
If any such dispute is not subject to arbitration under Section 9, the state
and federal courts of Los Angeles County, California have exclusive
jurisdiction to settle any dispute or claim arising out of or in connection
with these Terms of Use or your use of the Website. Notwithstanding the foregoing,
if you are a consumer residing in Canada, (a) the mandatory consumer protection
laws of your jurisdiction of residence will apply to the extent they cannot be
waived or varied by agreement, and (b) you may bring proceedings in the courts
of your jurisdiction of residence as permitted by applicable law.

5.
DISPUTE RESOLUTION / BINDING ARBITRATION

PLEASE READ THIS SECTION
CAREFULLY BECAUSE IT REQUIRES YOU AND SPEEDO
TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND SPEEDO CAN SEEK RELIEF FROM EACH
OTHER. ARBITRATION PRECLUDES YOU AND SPEEDO
FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND SPEEDO AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL
BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF
REPRESENTATIVE PROCEEDING. SPEEDO
AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. THIS
SECTION 9 DOES NOT APPLY TO CONSUMERS LOCATED IN JURISDICTIONS WHERE MANDATORY
CONSUMER ARBITRATION OR CLASS ACTION WAIVER IS PROHIBITED BY LAW.

YOU AND SPEEDO EACH ACKNOWLEDGE THAT THE TERMS
OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH
RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S
CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW,
IN SECTION 9(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN
INDIVIDUAL BASIS.

(a)
Claims This
Section Applies To. This Section 9 applies to all Claims between you and Speedo.
A “Claim” is any dispute, claim, or
controversy (excluding those exceptions listed in Section 9(c), below) between
you and Speedo, whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, for which either party wishes to
seek legal recourse and that arises from or relates to these Terms of Use or
the Website, including any claims related to the use or operation of the
Website, the purchase of any products or services made available through the
Website, all privacy or data security claims, and all claims related to the
validity, enforceability, or scope of this Section or any portion of it.

(b)
Informal
Dispute Resolution Before Arbitration. If you believe you have a
Claim against Speedo or if Speedo believes it has a Claim against you, you and Speedo
will first attempt to resolve the Claim informally to try to resolve the Claim
more quickly and reduce costs for both parties. You and Speedo will make a
good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the
day either party receives a written notice of a dispute from the other party
that satisfies the requirements of this Section 9(b) (a “Claimant Notice”). The Informal Resolution Period is designed to
allow the party who has received a Claimant Notice to make a fair, fact-based
offer of settlement if it chooses to do so. The Informal Resolution Period may
be extended by the parties’ mutual written agreement.

You must send
any Claimant Notice to Speedo by certified mail, addressed to 3900 Kilroy
Airport Way, Ste. 100, Long Beach, CA 90806 or by email to
legalglobal@pentland.com. Speedo will send any Claimant Notice to you by
certified mail or email using the contact information you have provided to Speedo.
The party sending a Claimant Notice (the “Claimant”)
will ensure it includes (i) the Claimant’s name, address, email address, and
telephone number; (ii) a description of the nature of and basis for the Claim,
including the date(s) on which the Claim arose and the facts on which the Claim
is based; (iii) the specific relief sought; and (iv) a personally signed
statement from the Claimant themselves (and not their counsel) verifying the
accuracy of the contents of the Claimant Notice.

No arbitration
demand (“Arbitration Demand”) may be
filed or proceed before a Claimant Notice is sent and the Informal Resolution
Period has concluded. If you or Speedo files an Arbitration Demand without
complying with the requirements in this Section 9, including the requirement to
wait for the Informal Resolution Period to conclude, the other party may seek
relief from a court to enjoin such filing and for such other relief as the
court deems proper. The prevailing party in any such action shall be entitled
to recover its costs and reasonable attorneys’ fees incurred in seeking such
relief.

To facilitate the parties’ efforts to reach an efficient resolution of
any Claim, the applicable statutes of limitation will be tolled, and all
deadlines associated with arbitration fees deferred, from the commencement of
the Informal Dispute Resolution Process through the date when suit or
arbitration may be filed under these Terms of Use.

(c)
Claims Subject
to Binding Arbitration; Exceptions. Except for individual disputes
that qualify for small claims court (provided that the small claims court does
not permit class or similar representative actions or relief) and any disputes
exclusively related to the intellectual property rights of you or Speedo,
including any disputes in which you or Speedo seek injunctive or other
equitable relief for the alleged unlawful use of your or Speedo’s intellectual
property (“IP Claims”), all Claims,
including Claims that are not related to intellectual property or intellectual
property rights but are jointly filed with IP Claims, that are not resolved in
accordance with Section 9(b) must be resolved by a neutral arbitrator through
final and binding arbitration rather than in court. Claims subject to binding
arbitration include, without limitation, disputes arising out of or relating to
the interpretation or application of this arbitration provision, including the
enforceability, revocability, or validity of this arbitration provision or any
portion of it.

(d)
Binding
Individual Arbitration. Except as otherwise expressly permitted by this
Section 9, any Claim may be resolved only through binding individual
arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to
the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,”
meaning that you only use the Website and products for personal, family, or
household purposes, the then-current version of the AAA’s Consumer Arbitration
Rules, as modified by these Terms of Use (the “Rules”), will apply to Claims between you and Speedo. If you are
not a Consumer, the then-current version of the AAA’s Commercial Arbitration
Rules and Mediation Procedures, as modified by these Terms of Use, will apply
to Claims between you and Speedo.

These Terms of Use affect interstate commerce, and the enforceability of this
Section 9 will be substantively and procedurally governed by the FAA to the
maximum extent permitted by law. As limited by the FAA, these Terms of Use, and
the Rules, the arbitrator will have exclusive authority to make all procedural
and substantive decisions regarding any Claim and to grant any remedy that
would otherwise be available in court, including the power to determine the
question of arbitrability. As allowed by applicable law, the arbitrator may
only award legal or equitable remedies that are individual to you or Speedo to
satisfy one of our individual Claims (that the arbitrator determines are
supported by credible relevant evidence).

(e)
Arbitration
Procedure and Location. You or Speedo may initiate arbitration of any Claim
not resolved during the Informal Resolution Period by filing an Arbitration
Demand with AAA in accordance with the Rules.

Instructions for filing a demand with AAA are available on the AAA website or
by calling AAA at 800-778-7879. You will send a copy of any demand for
arbitration addressed to Unit 210, 1179 King Street West, Toronto, ON
M6K3C5 or by
email to legalglobal@pentland.com. Speedo will send any demand for arbitration
to you by certified mail or, if no physical address has been provided, by email
using the contact information you have provided to Speedo.

The arbitration will be conducted by a single arbitrator in the English
language. You and Speedo both agree that the arbitrator will be bound by these
Terms of Use.

For Claims in which the Claimant seeks less than USD $10,000, the arbitrator
will decide the matter based solely on written submissions, unless the
arbitrator decides that a formal hearing is necessary. For Claims in which the
Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator
determines a hearing to be necessary, hearings will be conducted by video or
telephone, unless the arbitrator determines an in-person hearing to be
necessary. If an in-person hearing is determined to be necessary, the site of
any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration.
Unless you and Speedo agree otherwise, any decision or award will include a
written statement stating the decision of each Claim and the basis for the
award, including the arbitrator’s essential factual and legal findings and
conclusions.

Any arbitration decision or award may be enforced as a final judgment by any
court of competent jurisdiction or, if applicable, application may be made to
such court for judicial confirmation of any award and an order of enforcement.

(f)
Arbitration
Fees. Each party will be responsible for arbitration
fees in accordance with the applicable Rules and these Terms of Use.

(g)
Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs
incurred by the defending party, including any attorney’s fees and arbitration
fees, related to a Claim if an arbitrator determines that (i) the Claim was not
warranted by existing law or by a nonfrivolous argument, (ii) the factual
contentions for the Claim lacked evidentiary support when filed or were
unlikely to have evidentiary support after a reasonable opportunity for further
investigation; or (iii) the Claim was filed in arbitration for any improper
purpose, such as to harass the defending party, cause unnecessary delay, or
needlessly increase the cost of dispute resolution.

(h)
Confidentiality.
If you
or Speedo files a Claim in arbitration, you and Speedo agree to cooperate to
seek from the arbitrator protection for any confidential, proprietary, trade
secret, or otherwise sensitive information, documents, testimony, and other materials
that might be exchanged or the subject of any discovery in the arbitration. You
and Speedo agree to seek such protection before any such information,
documents, testimony, or materials are exchanged or otherwise become the
subject of discovery in the arbitration.

(i)
Mass Disputes.
If 25 or more Claimant Notices are received by a
party that raise similar Claims and have the same or coordinated counsel, these
will be considered a “Mass Dispute” and the provisions of this Section 9(i) will apply to all such Claimant
Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as
set forth below.

1.
Applicable
Rules. Any Arbitration Demands based on these
Claimant Notices filed in arbitration shall be subject to the AAA’s
then-current Mass Arbitration Supplementary Rules, as modified by these Terms
of Use. Any disputes over whether an Arbitration Demand should be considered
part of the Mass Dispute will be decided by the AAA as an administrative
matter. The following procedures are intended to supplement the AAA’s Mass
Arbitration Supplementary Rules, and to the extent the procedures conflict with
those Rules, to supersede them.

2.
Initial
Arbitrations. The parties shall identify an initial set of
18 Claimant Notices to proceed as Arbitration Demands in order to maximize
efficiencies in the management, investigation, and arbitration of the remaining
Claimant Notices in the Mass Dispute. The initial set shall be selected as
follows. Counsel representing the Claimants in a Mass Dispute must notify the
other party in writing (email will suffice) when all or substantially all
Claimant Notices for the Mass Dispute have been provided. Counsel for all
Claimants and counsel for the responding party each shall then select 10
Claimant Notices to proceed as Arbitration Demands. Claimants shall then file
Arbitration Demands for the 18 selected Claimant Notices. No Claimant Notice or
Arbitration Demand may be filed or deemed filed, and no related arbitration
fees may be assessed, until the Claimant Notice is selected to proceed to
arbitration following the process set forth in this Section. A single
arbitrator will preside over each Arbitration Demand, and shall preside only
over one Arbitration Demand, unless the parties agree otherwise.

3.
Mediation. Upon conclusion of the 18 Initial Arbitrations (or sooner if the parties
agree) and before proceeding with any other Arbitration Demands, the parties
must engage in a single mediation applicable to all Claimant Notices in the
Mass Dispute. The parties shall have 30 days following the conclusion of the
last of the initial arbitrations to agree on a mediator. If they are unable to
do so, the AAA may appoint one as an administrative matter. No additional
Arbitration Demands may be filed until 30 days after such mediation concludes
or 90 days after the appointment of a mediator, whichever is sooner.

4.
Remaining
Claimant Notices and Arbitrations. If mediation concludes with
100 or more unresolved Claimant Notices, any remaining Claimant or the
receiving party to a remaining Claimant Notice may opt out of arbitration of
all Claimant Notices that were not resolved in the initial 18 Arbitration Demands
or mediation. Such an election may only be for all Claimant Notices remaining
in the Mass Dispute, not a portion thereof. To be effective, such election must
be communicated in writing (email suffices) to counsel for the other party
within 30 days of mediation concluding. Claimant Notices released from the
arbitration requirement must be resolved according to Section 8.

If complaints based on Claimant Notices that were released from the
arbitration requirement are filed in court, the Claimants may seek class
treatment, although to the fullest extent allowed by applicable law, the
putative classes must be limited to those Claimants in the Mass Dispute whose
claims remain unresolved, and for which a Claimant Notice was received by the
other party. Any party may contest class certification at any stage of the
litigation and on any available basis and may raise any other defenses
available under applicable law.

If the mediation process concludes with fewer than 100 Claimant Notices
remaining or if no timely election to opt out of arbitration is made, the AAA
will randomly select 30 Claimant Notices (or the total remaining if less than
30) that comply with Section 9(b) to proceed in arbitration in the same manner
as described in Section 9(i)(2), above. Once such arbitrations have concluded,
the parties will repeat this process until all Claimant Notices in the Mass
Dispute have been resolved.

(j)
Opting Out of
Arbitration. You have the right to opt out of binding
arbitration within 30 days of the date you first accepted a version of these
Terms of Use by customerservice@speedo.com. To
be effective, the opt-out notice must be on your own behalf and include your
full name, mailing address, and email address. The notice must also clearly
indicate your intent to opt out of binding arbitration in order to be valid. The
governing law, venue, and other requirements in Section 8 will continue to
apply even if you opt out of arbitration.

(k)
Rejection of
Modifications to this Section 9. You may reject any change we
make to this Section 9 (except changes to notice addresses) as to you, by
emailing customerservice@speedo.com within 30 days of the date
of the change. To be effective, you must send the notice or rejection on your
own behalf, and you must include your full name, mailing address, and email
address. The notice must clearly indicate your intent to reject changes to Section
9. You may reject changes to Section 9 only as a whole. You may not reject only
certain changes to Section 9. If you reject changes made to Section 9, the most
recent version of Section 9 that you have not rejected will continue to apply.

(l)
Severability. If any portion of this Section 9 is found to be unenforceable or unlawful
for any reason, including but not limited to because it is found to be
unconscionable, (i) the unenforceable or unlawful provision will be severed
from these Terms of Use; (ii) severance of the unenforceable or unlawful
provision will have no impact whatsoever on the remainder of this Section 9 or
the parties’ ability to compel arbitration of any remaining claims on an
individual basis pursuant to this Section 9; and (iii) to the extent that any Claims
may proceed on a class, collective, consolidated, or representative basis, such
claims must be litigated in a civil court of competent jurisdiction, in
accordance with these Terms of Use, and not in arbitration. The litigation of
those claims will be stayed pending the outcome of any individual claims in
arbitration. Further, if any part of this Section 9 is found to prohibit an
individual claim seeking public injunctive relief, that provision will have no
effect to the extent such relief is allowed to be sought out of arbitration,
and the remainder of this Section 9 will be enforceable.

6.
ELECTRONIC COMMUNICATIONS

When you visit the Website or send emails to
us, you are communicating with us electronically. We will communicate with you
by email or by posting notices on the Website. For contractual purposes, you
consent to receive communications from us electronically and you agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing. Any marketing or promotional communications will be sent only
in accordance with applicable law, including Canada's Anti-Spam Legislation
(CASL) where applicable, and you may unsubscribe from such communications at
any time.

Further, under California Civil Code Section
1789.3, California consumers are entitled to the following specific
consumer-rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento,
California 95834, or by telephone at 1 (800) 952-5210.

7.
RELEASE

To the fullest extent permitted
by applicable law, you release Speedo from responsibility, liability, claims,
demands, and/or damages (actual and consequential) of every kind and nature,
known and unknown (including claims of negligence), arising out of or related
to disputes between users and the acts or omissions of third parties. If you
are a consumer who resides in California, you hereby waive your rights under
California Civil Code § 1542, which provides: “A general release does not
extend to claims that the creditor or releasing party does not know or suspect
to exist in his or her favor at the time of executing the release and that, if
known by him or her, would have materially affected his or her settlement with
the debtor or released party.” This release does not apply to the
extent it is prohibited by the mandatory laws of your jurisdiction, including
applicable Canadian provincial consumer protection legislation.

8.
EVENTS OUTSIDE OUR CONTROL

An “Event Outside Our Control”
means any act or event beyond our reasonable control, including without
limitation, strikes, lock-outs or other industrial action by third parties,
civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war, fire,
explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other
natural disaster, government restrictions or lockdowns, or failure of public or
private telecommunications networks.

If an Event Outside Our Control
takes place that affects the performance of our obligations under these Terms
of Use:

(a) We
will contact you as soon as reasonably possible to notify you; and

(b) Our
obligations under these general conditions will be suspended and the time for
performance of our obligations will be extended for the duration of the Event
Outside Our Control.

9.
NO PARTNERSHIP, RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY

Except as otherwise expressly set
forth in these Terms of Use, no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or created
by these Terms of Use.

You may not assign your rights
under these Terms of Use without our prior written consent. Any attempted
assignment without our consent will be null and void. Speedo may assign its
rights and duties under these Terms of Use to any party at any time without
notice to you, unless notice to you is required by applicable law, but this
will not affect your rights or our obligations under these Terms of Use.

Speedo’s failure to insist upon
or enforce strict performance of these Terms of Use is not a waiver of any of
these Terms of Use or Speedo’s rights.

If any provision in these Terms
of Use is held invalid or unenforceable, the remainder of these Terms of Use
shall continue to be enforceable.

Promotional Terms

Promotion Conditions

The 15% first order discount is valid only for new customers
placing their first order.

The discount applies to the order total, excluding shipping
fees and other charges.

The discount cannot be combined with other offers,
promotions, or discount codes.

The discount is automatically applied at checkout upon
account creation and order placement.

The offer is valid for a limited time and subject to
availability.

Speedo may modify or withdraw the promotion at any time
without prior notice.

Gift With Products Promotions

Where a free gift is offered with a product, only one free
gift is provided per transaction, regardless of how many products are
purchased.

Free gifts are subject to availability and may be
substituted.

A free gift may appear on site at nominal value to
facilitate fulfilment. Customers are not entitled to purchase the free gift
without purchasing the qualifying product.

If a free gift is dispatched incorrectly, the customer must
return it upon written request.

CRM Offers

15% Off Sign-Up Offer

Delivery charges may apply.

The offer is valid only at speedo.com/en-ca/, has no
cash alternative, is not for resale or publication, cannot be applied
retrospectively, is valid only for the intended recipient, can only be redeemed
once, and cannot be used with other offers.