TERMS AND CONDITIONS POLICY
Website owner, the offering, and binding of Terms
This website is owned and operated by Swimfast.co. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read,understood, and agree to be bound by these Terms
Who can use your website; what are the requirements to create an account
In order to use our website and/or receive our services, you must be at least18years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority,right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key commercial Terms offered to customers
When buying an item, you agree that:
(i) you are responsible for reading the full item listing before making a commitment to buy it:
(ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process
The prices we charge for using our services / for our products are listed on the website.We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page
Key commercial Terms w.r.t expiry of services paid for
Once the service has been purchased and the check-out payment process completed,the customer or in the case of a "Gift Card", the recipient of the "Gift Card", has 30 days from date of payment to upload their freestyle swimming videos in accordance with the requirements to provide the service referred to as freestyle swimming video analysis.Should Swimfast.co not receive the video footage in this period, the service will be deemed to have been provided in full and there shall be no further claim againstSwimfast.co for services
Key commercial terms w.r.t "Gift Cards"
All Gift Cards are non-transferable, non-refundable and cannot be exchanged for cash.No change or certificate for unused differences can be issued.All Gift Cards are to be used within 30 days of purchase.The gift cards must be emailed through to info@swimfast.co to be used and validated. We are not responsible if a gift certificate is lost, stolen, destroyed or used without permission.
Return and refund policy
No returns are permitted or accepted.Please confirm all purchases before you complete them as all sales are final.
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eBook Software
Should you have problems downloading the eBook files,please contact info@swimfast.co and we will trouble shoot the problem. We will not be held responsible for any issues that arise due to a third-party app.
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Gift Cards
All Gift Cards are non-transferable, non-refundable and cannot be exchanged forcash.No change or certificate for unused differences can be issued.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, eBooks, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property Swimfast.co. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Ownership of content submitted for video analysis
You recognize and agree that by uploading your swimming video footage for the purposes of a Swimfast freestyle video analysis (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website or to the website owner via the primary business email address, you confirm that you:
1) own all the relevant rights or received the appropriate license to upload/transfer/send the content.
2) you agree and consent that the uploaded/transferred content may be publicly displayed on the website and used for the purposes of marketing the website via social media and other marketing channels.
Third-party links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Errors, inaccuracies, and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
Indemnification
You agree to indemnify and hold the owners, employees and/or operators of Swimfast.co harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Health and Safety
Our services contain information about swimming and swimming training technique. That information is not advice and should not be treated as such.
You should check with your doctor before commencing any exercise programme.
If you are suffering from or believe you may be suffering from a sports or other injury, you should immediately consult an appropriate sports therapist or other medical professional.
You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our services.
You should only swim in pools with lifeguard cover and in open water with appropriate safety cover.
You acknowledge and agree that you will be responsible for your own health and safety whilst swimming, and that Swimfast.co will not be liable to you for any injury you may suffer whilst following our stroke correction suggestions.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the owners, employees and/or operators of Swimfast.co, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, shall the owners, employees and/or operators of Swimfast.co assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Disclaimer or warranties: Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Swimfast.co, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive from time-to-time promotional messages and materials from us, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time via our email address info@swimfast.co.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of South Africa, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in South Africa. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support details & contact info
Should you require any further information or require customer support, please contact the website owner.
+(27) 0718708083
Effective date: 01 September 2021