SwimtoFly® TERMS & CONDITIONS
SwimtoFly® is a proven swimming method and trademark No 40201722888Y, registered under the Intellectual Property Office of Singapore – IPOS. All rights are reserved. The method belongs solely to the founder and to the company SwimtoFly Pte. Ltd. All content and videos instructions are copyrighted and constitute trade secrets and inventions and that any party shall neither disclose nor make use of the same for their own purposes unless having an official agreement signed by the owner of the method.
In this Conditions the following expressions have the meanings assigned to them respectively:
"Conditions" means the terms and conditions outlined herein including any additions or variations of these Terms and Conditions made by SwimtoFly®
"Customer" means any person to whom SwimtoFly® sells or supplies a product
"Intellectual Property" includes confidential information, copyright, trademarks, patents, designs and digital products including ebooks, pdf downloads, resource material, videos and online content of the method pack;
"Order" means an Order placed by a customer for the purchase of goods from SwimtoFly®
"Payment Method" means the payment details nominating the account or process by which a customer agrees to pay for any Product;
"Product" means any items including mobile application lessons, method packs, goods, services, digital Products, ebooks, pdf downloads, resource material, online content etc. sold by SwimtoFly® to the Customer through an Order;
"Site" means the website with address http://www.swimtofly.com/ including all landing pages and subpages of the website;
"We" refers to SwimtoFly®; and
"You" refers to a Customer;
i. This SwimtoFly® Site at http://www.swimtofly.com is a Site where you can select, place an Order and access Products advertised by SwimtoFly®
ii. You agree that we will charge you for any Product ordered through your account.
iii. You are liable and responsible for any person who uses your account to place Orders through the Site.
iv. SwimtoFly® reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings.
vi. You are responsible for any costs associated with accessing the Site.
3.1 Agreement to these Conditions:
i. By placing an Order with SwimtoFly®, you warrant that you are at least 18 years old or have your parents' or guardian's permission to buy from SwimtoFly®.
Ii. By accessing, browsing, using or placing an Order through this Site, you accept and agree to be legally bound by these Conditions, Disclaimers. These Conditions will apply to all Orders placed or to be placed with the SwimtoFly® for the sale and supply of the Products.
iii. By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to these Conditions.
i. Prior to placing an Order, you must create an account though the Site (”Account Creation”).
ii. Any information that you provide in this Account Creation process will be held and used by us solely for the Account Creation.
iii. Accounts can only be created for individuals and are created for the individual named in the Account Creation process only. Accounts may not be transferred or sold to another person. You may update or cancel your account at any time through the Site.
iv. All information provided to us in the Account Creation process must be true and correct.
v. A Customer must not have more than one active account at any time.
vi. Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.
vii. You must notify us of any changes to your personal information or Payment Method which was provided by you in the Account Creation process.
viii. If you suspect or become aware that your account has been accessed without authorization or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting us at the following e-mail address: firstname.lastname@example.org
5.1 Intangible Product Licenses:
i Many of our Products are intangible and may come in the form of ebooks, PDF downloads, resource material, videos or online content. All of these Products are subject to copyright protection.
ii These intangible Products remain the property of SwimtoFly Pte Ltd
Once an order has been completed and a Customer has discharged their obligations to pay for the Product, SwimtoFly® grants to the Customer a single License to use the Product subject to these Conditions.
iii Intangible Products are the subject of a license to the Consumer and not sold to the Consumer. The Consumer has no right to lend, copy, distribute, share, lease, edit, or sell, modify, create derivative works of the Product, transfer or trade the Product in any form. SwimtoFly® may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital Products to protect our Products.
6.1 Purchase Charges:
i. All Orders are considered final at the time of placement. Orders are charged in Singapore Dollars. Please check your details carefully before submitted your Order. Upon the completed transaction of the purchase of any Product, there will be strictly no refunds.
i. All lessons must be practiced and trained at shallow pool first with compulsory safe swimmer adult/lifeguard supervision for safety purposes.
ii. All SwimtoFly® method Products are meant for learners to achieve basic swimming skills.
iii. SwimtoFly® will not be held responsible or liable for any accidents, mishaps during any use or misuse of the method.
8.1 Changes to these Conditions:
i. We reserve the right to modify these Conditions at any time. Please review these Conditions frequently and before placing an Order. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to these Conditions, we will notify you on this application that it has been updated.
ii. If our business is acquired by or merged with another business, your information may be transferred to the new owners.
9.1 Cancellation and Termination of Accounts and Orders:
i. We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right.
ii. If we suspect that a transaction has occurred that may be illegal or in breach of these Conditions, we may contact you to confirm your payment and personal details. If we are unable to contact you we may cancel your Order without further notice.
iii. If you wish to terminate your account or cancel an order, please contact us immediately by email at to email@example.com. Once an order has been accepted and your payment has been processed, cancellation of the order is within our sole discretion.
i. If any court or other competent authority declares any part of these Conditions unenforceable or if these Conditions would, if any part were not omitted, be unenforceable then:
a. That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions are construed as if that part were not contained in these Conditions; and
b. The parties must attempt to renegotiate that part in good faith.
i. You agree that we will charge you for any Product ordered through your account.
ii. You are liable and responsible for any person who uses your account to place Orders through the Site.
iii. You are responsible for any costs associated with accessing the Site.
12.1 Site Conditions of Use:
You must not:
i. Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the Site or transfer any part of the Site or any content contained on the Site;
ii. Do anything that may place an unreasonably or disproportionality large load on the Site. You must not do anything that disrupts the functions or connected networks of the Site;
iii. Make any modifications to the Site without proper authorization in writing from SwimtoFly®;
iv. Test, scan or circumvent the security of the Site;
v. Use the Site or any content in any way which breaches the rights of SwimtoFly® or any third party;
vi. Use the account of another Customer or impersonate another Customer when using this Site;
vii. Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the Site for any reason; and
viii. Use any method to autonomously create accounts by any means under fraudulent pretenses.
13.1 Personal Data related Clause
The Customer consents that SwimtoFly® may store, transfer, change and delete all personal data in connection with the services and products provided. In particular, the Customer consents to the transfer of personal data to an affiliated company of SwimtoFly® outside Singapore. SwimtoFly® agree to keep all personal data of the Employee strictly confidential.
14.1 Governing Law:
i. These Conditions will be construed and will take effect according to the laws of the Republic of Singapore and the respective rights, liabilities and obligations of the parties will be governed by the law of the Republic of Singapore.
ii. The Customer and SwimtoFly® agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore
iii. If you are entitled to any rights, remedies or claims under the Republic of Singapore Consumer Law then these rights, remedies or claims arise independently of these Conditions and these Conditions will not apply to any rights, remedies or claims that you may have under the Republic of Singapore Consumer Law.
SAFETY INFORMATION AND INDEMNITY
If you have any concerns or questions regarding your health, you should always contact your doctor. If you experience faintness, dizziness, pain or shortness of breath at any time you must stop the activity immediately and contact your doctor before resuming.
The content of our Site is not intended to replace or be a substitute for actual swimming lessons. All content of our Site has been created for information purposes only.
You must be in good physical condition before using any of our Products or Services.
All Products/lessons must be practiced and trained at shallow pool first with compulsory safe swimmer adult/lifeguard supervision for safety purposes.
All SwimtoFly® method Products or Services are meant for learners to achieve basic swimming skills.
Before using our Product or Services, you acknowledge and agree that by participating in the lessons, there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk.
Subject to any rights granted by the Republic of Singapore Consumer law, you agree to discharge SwimtoFly® of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by the law of the State where negligent or otherwise.
All users must have subscribed to insurance policies covering the risks corresponding to the activity undertaken in relation to the Products & Services
You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs that may be incurred or suffered as a result of any breach of these Conditions by you or any third part damage caused as a result or in connection with any breach by you of these conditions.
You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our Products or Services.
All the content or other materials available on the App & Website, including but not limited to SwimtoFly® code, images, illustrations, designs, layout, arrangements, displays, icons, audio, video and pdf files are the property of SwimtoFly Pte. Ltd. and are protected by copyright. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer content from the App & Website, nor may you modify or create derivative works of such content without mentioning the SwimtoFly® brand or without the prior written permission of SwimtoFly®.
The logos, names and graphics on the Website may be trademarks of SwimtoFly®. Use, reproduction, copying or redistribution of SwimtoFly® trademarks, without mentioning the SwimtoFly® brand or without the prior written permission of SwimtoFly® is prohibited.
3. Contacting us
3.1.You may contact us at any time for details regarding this policy. For any questions concerning your account or your personal information please contact firstname.lastname@example.org
4. Collection of Information
4.1. We collect personal information which you provide to us including your name, address, postal address, email address, details of the products and lessons you have purchased, any additional information you provide to use through use of our website, customer number and telephone number.
4.2. This information is collected in a several ways including: through the account creation process, online forms, Order Placement, when you interact with our customer service or participate in marketing or surveys or providing feedback through any of our channels. We also collect information when you chose to make comments, account settings, preferences, ratings and so on.
4.3. We may also collect data from other sources which may not always be obvious such as through the use of “cookies”. We may also gather information from both online and offline data providers. This information could include internet browsing behavior, demographic data or interest based data.
4.4. Where you provide us information about a third party, you must have the consent of that third party before providing us with that information. By providing us with information regarding a third party you warrant that you have their permission to provide that information to us.
4.5. We do not collect and we are not responsible for the collection or security of payment details.
5. Why do we collect this information?
5.1. The personal information you provide will be used to ensure Products/Lessons are delivered to you and to provide offers, information and our Products/Lessons to you. We also use this information to improve and enhance our services and marketing efforts.
5.2. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. We may also collect data regarding device IDs or identifiers, connection information, device software, statistics of page views, ad data, referral URLs and IP data.
5.3. We use this data to determine your general geographic location so that we may provide location specific content to you.
5.4. We may use your information to assist in responding to complaints and queries.
5.5. We may also investigate any possible breach of our Conditions including fraud or illegal activities, with the use of your personal information.
5.6. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates. If we ask for your personal information for a secondary purpose such as marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com
6.2. We may share your information with companies and employees within SwimtoFly® for customer support, service improvement, development, processing, storage or providing access to our Products.
6.3. We may disclose personal information collected for purposes which are incidental to the sale and promotion of our Products/Lessons to you.
6.4. We use other companies, contractors or agents to provide services to you including delivery, marketing, communications, legal services, debt collection, administration services, customer services, information technology providers, credit card or other Payment Methods to conduct transactions. The third parties to whom we disclose personal information may be located within or outside the republic of Singapore.
7. Third Party Payment Gateway
7.1. Our store is hosted on the App Store and Play Store. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Apple and Google’s data storage, databases and the general application.
9. Third-Party Services
9.1. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
9.2. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
9.3. In particular, remember that certain providers may be located in or have facilities that are located outside of the Republic of Singapore on foreign servers. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
9.4. As an example, if you are located in Hong Kong and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
10. Third Party Websites
10.1. When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements and terms and conditions prior to finalizing any transaction.
11.1. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
11.2. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
11.3. We will use our best endeavors to ensure the safety of your personal information. However, we cannot guarantee that our systems will not be compromised or interfered with by any third party. You acknowledge that by providing us with your personal information, you do so at your own risk.
12.2. The first type of cookie commonly used is "Session Cookies". During the time you visit the website, our web server assigns your browser a unique identifier string so as not to confuse you with other visitors. A "Session Cookie" is never stored permanently on your computer and disappears when you close your browser. To use www.swimtofly.com without troubles you need to have cookies enabled.
12.3. The second type of cookie saves a file permanently on your computer. This type of cookie is used to track how visitors move around on the website. This is only used to offer visitors better services and support. The text files can be deleted. On this website we use this type of cookie to keep track of your shopping cart and to keep statistics of our visitors. The information stored on your computer is only a unique number, without any connection to personal information.
13.1. SwimtoFly® has implemented remarketing, google display, network impression reporting, doubleclick campaign manager integration, and google analytics demographic and interests reporting. Using the Ads Settings in google you many opt out of google analytics for display advertising and customize google display network ads.
13.2. SwimtoFly® reserves the right to use remarketing with google analytics to advertise online. Third-party vendors, including Google, may show you our ads on sites across the internet. Swim to Fly® and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) together to inform, optimize, and serve ads based on users past visits to our website.
13.3. SwimtoFly® and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) together to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to this site. SwimtoFly® collects data from Google's Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics.
14.2. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
15. Questions and Contact Information
15.1. If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at firstname.lastname@example.org