Terms and Conditions

TERMS of USE

www.swimmind.com (SwiMMinD) is operated by Alba Swim Ltd. We are registered in Bulgaria.

These Terms of Use govern your use of our platform of modules (“SwiMMinD”), we currently develop the software embedded in the SwiMMinD to be embeded on the website and on app, memberships and other SwiMMinD services.

Please read these terms of use carefully before you start to use SwiMMinD. By using SwiMMinD, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use the SwiMMinD.

We recommend that you print a copy of these terms for future reference.

We amend these terms from time to time. Every time you wish to use SwiMMinD, please check these terms to ensure you understand the terms that apply at that time.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of the SwiMMinD:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the SwiMMinD, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy (listed below), which sets out the permitted uses and prohibited uses of the SwiMMinD. When using the SwiMMinD, you must comply with this Acceptable Use Policy.

WE MAY MAKE CHANGES

We may update and change the SwiMMinD from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Save where you pay for content or subscribe to a service, SwiMMinD is made available as some module will be free of charge and others paid.

We do not guarantee that the SwiMMinD, or any content, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the SwiMMinD for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

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

CREATING AN ACCOUNT

Full use of SwiMMinD requires that you create an account by providing us with a valid email address and strong password. You may also log in via third party platforms such as Google and Facebook (option still at development stage). You must treat your account information as confidential. You must not disclose it to any third party.

You are responsible for all activity that occurs in relation to your account. We are not liable for any loss or damage caused by your failure to maintain the confidentiality of your account information.

We have the right to disable any user account or password whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

HOW YOU MAY USE SwiMMinD CONTENT

SwiMMinD includes any text, images, music, graphics, software, audio, video, blogs, and any other information and materials which are generated, posted, provided or made available by us through the SwiMMinD to you. Except for Your Content, we are the owner or the licensee of all intellectual property rights in the SwiMMinD, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the SwiMMinD for your personal use and you may draw the attention of others to content posted the SwiMMinD.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on SwiMMinD must always be acknowledged.

You must not use any part of the content on SwiMMinD for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of SwiMMinD in breach of these terms of use, your right to use SwiMMinD will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION

SwiMMinD is provided for general information only. It is not intended to amount to advice on which you should rely, nor is it intended to diagnose, treat, cure or prevent any injury or disease. You must obtain professional or specialist advice before engaging in any exercise programme. We are not responsible for any health problems that may result from training programmes, challenges, products or events you may receive or learn about through SwiMMinD. If you undertake any activity you receive or learn about through SwiMMinD you agree that you do so at your own risk and are voluntarily participating in these activities.

The   SwiMMinD is provided to you “as is” without any warranty of any kind. We make no warranty that SwiMMinD will meet your requirements or be available on an uninterrupted, secure, or error free basis.

Although we make reasonable efforts to update the information on SwiMMinD, we make no representations, warranties or guarantees, whether express or implied, that SwiMMinD is accurate, complete or up to date.

UPLOADING CONTENT AND DATA TO OUR SITE

Whenever you make use of a feature that allows you to upload content or data to SwiMMinD, or to make contact with other users, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content or data you upload to SwiMMinD will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content and data, but you are required to grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty free licence to use, store, copy and analyse that content and data and to distribute and make it available to third parties only in connection with operating and providing SwiMMinD.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the SwiMMinD constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on SwiMMinD if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

USER-GENERATED CONTENT IS NOT APPROVED BY US

SwiMMinD may include information and materials uploaded by other users, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where SwiMMinD contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that SwiMMinD will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access SwiMMinD. You should use your own virus protection software.

You must not misuse SwiMMinD by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to SwiMMinD, the server on which SwiMMinD is stored or any server, computer or database connected to SwiMMInD. You must not attack SwiMMinD via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use SwiMMinD will cease immediately.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Please note that we only provide SwiMMinD for domestic and private use. You agree not to use SwiMMinD for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Premium Membership Fees

In order to access additional functionality, you may be required to pay Premium membership fees. Premium membership fees, along with any required taxes, may be paid monthly or annually. All membership fees are payable in advance. We reserve the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Auto Renewal

Premium membership fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until you terminate your Premium membership. Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your Premium membership at any time, as described below.

Cancellation of Premium Membership

You may be entitled to change your mind and receive a full refund within fourteen (14) days of subscribing to the Premium Membership (“Cooling Off Period”), provided you have not started to make use of the Premium content or benefits. Cancellations within the “Cooling Off Period” can be made by contacting Customer Services. Cancellations for any other reason can be made at any time from within the console or by contacting Customer Services. The cancellation of a membership will go into effect at the end of your current billing cycle. When your Premium membership ends, your account will remain and become a free membership. You can renew your subscription at any time without opening a new account, although please note that Premium membership fees may have increased.

Offers and Free Trials

Premium membership may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your subscription unless you cancel your membership 24 hours prior to the end of the free trial period.

APPLICABLE LAW

These terms their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

TRADE MARKS

SwiMMinD are registered trade marks of and used under license from Alba Swim Ltd.

You are not permitted to use our Trade Marks without our approval unless they are part of the materials you are using as permitted under How you may use SwiMMinD above.

SwiMMinD is a registered domain name of Alba Swim Ltd.

Your concerns

If you have any concerns about material which appears on SwMMinD, please contact us .

© SwiMMinD 2018. All Rights Reserved.

DATA ACCESS REQUEST

Acceptable Use Policy

 

www.on.swimmind.com, (SwiMMinD). We are registered in Bulgaria

This Acceptable Use Policy governs your use of our personal swim platform of modules (SwiMMinD),  the software currently being developed on the website and soon to be embedded in SwiMMinD’s App, memberships and other SwiMMinD’s services.

Please read this policy carefully before you start to use SwiMMinD. By using SwiMMinD, you confirm that you accept this policy and that you agree to comply with it. If you do not agree to this Acceptable Use Policy, you must not use SwiMMinD.

We recommend that you print a copy of this policy for future reference.

We amend these terms from time to time. Every time you wish to use the SwiMMinD, please check these terms to ensure you understand the acceptable use policy terms that apply at that time.

Prohibited uses

You may only use SwiMMinD for lawful purposes. You may not use SwiMMinD: 

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree:
  • Not to reproduce, duplicate, copy or re-sell any part of SwiMMinD in contravention of the provisions of our terms of use (above)
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of SwiMMinD;
  • any equipment or network on which SwiMMinD is made available or stored;
  • any software used in the provision of SwiMMinD; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on SwiMMinD, including, without limitation: 

  • Chat rooms
  • Event bookings (e.g. swim lessons)
  • Bulletin boards
  • Focus groups
  • Surveys
  • Mini-polls

(“Interactive Services”).

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on SwiMMinD, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide as part of SwiMMinD, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to SwiMMinD (contributions), and to any Interactive Services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of SwiMMinD. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to useSwiMMinD, and may result in our taking all or any of the following actions: 

  • Immediate, temporary or permanent withdrawal of your right to use SwiMMinD.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to SwiMMinD.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on SwiMMinD.

Comments, images and videos

We love hearing from you so please do share your passion through pictures, videos, comments and likes. There are a few rules that we kindly ask you to adhere to when posting on SwiMMinD:

    1. Be nice – Please refrain from using offensive, defamatory and generally unlawful language.
      Be respectful – anything seen as bullying will not be tolerated.
      Be relevant – No spamming, trolling, deliberate disruption of discussion, promotional or repetitive posts.
      Be original – only share what you have the rights to.

We really don’t like having to remove your comments from SwiMMinD but we do reserve the right to do so if you do not remain within these guidelines. The views and opinions posted by fans on this site do not necessarily reflect the views of SwiMMinD. We take no responsibility for content in links provided to third party pages or websites.