TERMS AND CONDITIONS
Last Updated: 10/20/2020
In using this Site us.lessons-swimtrainer.com (“Site”, “Site”, “Swimtrainer”), You are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions (Terms), Privacy Statement and any disclaimer notice and any or all Agreements or Policy: “Customer”, “You” and “Your” refers to you, the person accessing this Site and accepting the Company’s terms and conditions. “the Company”, “Ourselves”, “We” and “Us”, refers to Our Company, FREDS SWIM ACADEMY East Coast USA LLC. “Party”, or “Parties” refers to both the Customer and ourselves, or either the Customer or ourselves. “Product” refers to a unique product provided by our Company as a result of Our commitment and services (“Services”).
All rights not expressly granted to You under these terms are reserved to the Company.
You agree that by accessing the Site, You have read, understood, and agreed to be bound by all of these Terms of Service.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1. YOUR ACCOUNT
You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorized access to Your account. You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details You provide Us with are correct and complete and inform Us immediately of any changes to the information that You provided when You registered.
The Site only sells products to individuals who can purchase with a credit card/debit card. If You are under eighteen (18), You may use the Site only with the express permission and supervision of a parent or guardian.
Swimtrainer reserves the right to refuse access to the Site, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
You are fully responsible for all activity that occurs under Your account. It is then required that You keep Your account confidential. In case You grant access to other person/s, You shall be fully bound by their actions while using Your account.
Notwithstanding anything to the contrary, You understand and acknowledge that we are not acting as a “producer” as defined by the 18 USC § 2257 Record Keeping Requirements (the “2257 Regulations”).
3. PURCHASING ; PAYMENTS
3.1. When You place an order to purchase a product from the Site, we will send You an email confirming receipt with the details of Your order. Your order represents an offer to Us to purchase a product which is accepted by Us when we send an email to You confirming that we have accepted the order (the ‘Order Confirmation Email’). Such acceptance will be complete at the time we send the Order Confirmation Email to You. You are seeking to enter into a contract with Swimtrainer when You place an order.
This contract is legally binding when You have placed an order, Your order has been accepted by Us and we have sent You the Confirmation Email.
Swimtrainer will retain the title in the products until full payment has been made by You and has been received by Swimtrainer.
3.2. Products, Content and Specifications
All features, content, specifications and products described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color You see will depend on Your computer system, and we cannot guarantee that Your computer will accurately display such colors.
3.3. Accuracy of Information
We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Sites.
3.4. Payment options
We are able to accept Credit/Debit Cards although we reserve the right to vary these from time to time without notice. We also accept payment via PayPal.
Your purchases can be made via credit/ debit cards, and are processed through Our third-party Internet payment service providers. By purchasing any Product through Our Website, You hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies.
IF You DO NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY PRODUCT. This is Your sole responsibility to find, read and understand any third party policies.
By making a purchase on this Site, You represent and warrant that: (i) all billing and payment information You provide to Us is truthful and accurate; (ii) You are the holder (or an authorized user) of the credit card or PayPal account You use to pay for Your order, and the account is active and has sufficient funds to cover the full transaction amount of Your order (i.e., product price plus shipping/handling charges and applicable taxes).
3.5. Our Site operates for wholesale orders and we will be happy to facilitate such orders. If you have any questions with respect to such sales and relationship between You and Us and/or to place an order for commercial resale, please contact Us at firstname.lastname@example.org.
3.6. Reservation of Rights.
All orders submitted on this Site are subject to acceptance at Our sole discretion. We reserve the right to refuse or cancel any order for any reason, including, without limitation: product unavailability; errors in product or pricing information; errors in billing or shipping information; and fraud prevention. In order to protect against fraud and unauthorized purchases, We also reserve the right, prior to processing an order, to verify the account holder of the Credit/Debit card or PayPal account used to place the order. We will reject or cancel an order if the Credit/Debit card or PayPal account used to place the order is declined for any reason.
3.7. Product Information.
Product information and images displayed on this Site are for general informational purposes only, may contain errors, and are subject to change. We make no warranty (express or implied) that product information and images on this Site will be accurate in all respects. Also, depending on the screen quality and settings of Your computer or mobile device, product color or finish You see on Your computer or mobile device may differ from actual product color or finish, and We make no warranty (express or implied) that product color or finish You see on Your computer or mobile device will accurately reflect actual product color or finish.
3.8. Product Availability
We do not guarantee the availability of any product displayed on this Site. We reserve the right, without notice or liability to you, to change, discontinue or stop the offering of any product.
Prices advertised are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out on the purchase receipt. Product prices do not include shipping/handling charges or applicable taxes. All prices and other charges are in U.S. Dollars, unless expressly otherwise stated. While We make reasonable efforts to display price information as accurately as possible, errors may occur. If We discover an error in the price of a product You have ordered, We will notify You of the error as soon as possible and will give You the option of reconfirming Your order at the correct price or cancelling Your order. If We are unable to get in contact with You within 24 hours, We will treat Your order as cancelled. If Your order is canceled by Us due to a pricing error and You have already been charged for the product, You will receive a full refund. In no event We will be obligated to sell You a product at the incorrect price.
4.1. If You have received Your Order Confirmation email but Your products have not arrived within the time specified in the Order Confirmation email, please contact Us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.
4.2. Shipping Costs.
Shipping/handling charges depend on the shipping method You select at checkout, and will be added to Your order total, and will be set out as a separate item in Your shopping cart and on Your purchase receipt.
4.3. Special Conditions
– If You are returning goods for exchange or return, there will be no additional delivery charge.
– You will not be liable for the delivery costs incurred by Us in sending You any products as exchanges.
– In the case of returns, You will only be refunded the value of the goods ordered.
– We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty.
– Occasionally, We will be closed due to a holiday or our yearly physical inventory. No orders will be processed or shipped when We are closed.
– Please allow for additional shipping and handling time for all orders to Alaska, Hawaii, US Territories and military addresses.
Please contact a Customer Service Representative via email at email@example.com if You have any questions.
4.4. Tracking Your Order
You will be notified by email when Your package ships, this email will include a tracking number. Tracking information may not be available until the following business day.
Where required by law, applicable Taxes will be added to Your order total at checkout and will be set out as a separate item in Your shopping cart and on Your purchase receipt. By making a purchase on this Site, You agree to pay all Taxes applicable to Your purchase.
6. THIRD PARTY LINKS
The Site may contain links to websites that are not owned, operated or controlled by Us or Our respective affiliates. All such links are provided solely as a convenience to you. If You use these links, You will leave the Sites. Neither We nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither We nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that You may obtain from using any other websites. If You decide to access any other websites linked to or from the Sites, You do so entirely at Your own risk.
The information on this Website is provided on an “AS IS” basis. To the fullest extent permitted by law, this Company: (i) excludes all representations and warranties relating to this Website and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s materials; (ii) excludes all liability for damages arising out of or in connection with Your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or You have advised this Company of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
8. INTELLECTUAL PROPERTY
Unless otherwise indicated, this Website is Our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions including EU and US, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for Your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our prior written permission.
9. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
We respect the intellectual property rights of others. If You believe that any material available on or through the Site infringes upon any copyright You own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
Designated Copyright Agent
FREDS SWIM ACADEMY East Coast USA LLC
Attn: Copyright Agent
8, The Green, suite 4000
Dover, DE, 19901, United States
10. CHANGES TO THESE TERMS
We may modify these Terms of Service at any time by posting changes on the Website; however, (i) these changes will only become effective and binding with respect to You after Company provides notice on the Website that these Terms have changed and You first use any of the Website following the date of such posting, (ii) the changes will only apply with respect to Your use of the Website after such changes become effective, and (iii) any change in payment obligations will only apply to Your subsequent purchases on, or usage of, the Website or Services. If at any time You find these Terms unacceptable and do not agree with them, You thereafter will have no right to use or access the Site.
11. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN INTERNATIONAL LAWS AND US STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. CHOICE OF LAW AND JURISDICTION
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
13. ENTIRE AGREEMENT
14. CONTACTING US
For questions or clarifications regarding Our Terms and Conditions or to request data deletion, please contact Us using the following email address: firstname.lastname@example.org
1. We have a 30-days return policy on eligible items, provided that they are returned in new and unused condition and with original tags and packaging. There are still certain items purchased on this Site that are eligible for return and such items will be marked as NON-RETURNABLE.
2. Our products are covered by legal warranty against material and workmanship defects under normal conditions of use for a period of six-months from the date of purchase. Products that prove to be defective under conditions of normal and proper use will be replaced or repaired without charge. For warranty services, return the product with proof of purchase to the store from which the product was purchased. We reserve the right to inspect claimed damages to determine the cause of defect. If deemed a manufacturing defect, We will replace such Product. Proof of purchase must be supplied for all warranty claims.
3. Conditions for all Returns and Exchanges
All goods must be returned to Us unused, together with all original packaging (please note You have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if You fail to take such care and damage the goods). Please make sure that Your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. With Your purchase of Our products, You will receive a Return Form. To return items to us, whether for exchange or return, simply fill out Your Return Form as instructed, include the Returns Form in the package and attach the label. If You do not have Your Returns Form, our Returns Team will be happy to send You electronic copies for You to print off at home. You can contact Us by email at email@example.com
We will refund all monies received from You within fourteen (14) days of receiving the product(s) from you.
4. The following products cannot be returned the unless received defective:
- Products which are not suitable for return due to health protection or hygienic reasons if unsealed by You after delivery, or which are, after delivery, inseparably mixed with other items;
- Goods made to Your specifications or clearly personalized, especially personalized and handmade items;
- Goods which may deteriorate or expire rapidly.
Last Updated: 10/21/2020
www.Swimtrainer.com (“We” or “Us” or “Our”) is committed to ensure Your privacy while providing the most unique services (“Services”). In this policy we refer to You as “user”, “Customer”, “You”, “Your”. If You want to become a Customer of the Service, You need to register and open Your personal account through Our Website. At the time of registration, We ask You to provide Us with a certain amount of personal information. Submission of such personal information is voluntary, but without it You may not be able to receive Our Services. By providing Your personal information, You consent to do so for the purpose of delivering to You the Service.
What Does The Personal Information We Collect Can Include?
Personal Information Provided by You: We collect first name, last name, email address, company name, phone number.
How do We use Your personal data?
We may use personal information data in-house in order :
- To provide and operate the Services;
- To develop, customize, expand, and improve Our Services
- To provide You with customer assistance and technical support;
- To be able to contact You with general or personalized service-related notices and promotional messages;
- To enhance Our data security and fraud prevention capabilities; and
- To comply with any applicable laws and regulations.
To which extent and to whom does We disclose Your personal data?
We use personal information collected via Our Services for a variety of business purposes described below. We process Your personal information for these purposes in reliance on Our legitimate business interests, in order to enter into or perform a contract with You, with Your consent, and/or for compliance with Our legal obligations. We indicate the specific processing grounds We rely on next to each purpose listed below.
We use the information We collect or receive:
- To facilitate account creation and login process. We use the information You allowed Us to collect to facilitate account creation and login process for the performance of the contract;
- To send administrative information to You. We may use Your personal information to send You product, service and other related information and/or information about changes to Our terms, conditions, and policies.
- Fulfill and manage Your orders. We may use Your information to fulfill and manage Your orders, payments, made through Our Website;
- To enforce Our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual;
- To manage user accounts. We may use Your information for the purposes of managing Our account and keeping it in working order;
- To respond to legal requests and prevent harm. If We receive a subpoena or other legal request, We may need to inspect the data We hold to determine how to respond. We may disclose aggregate information about Users for such legal purposes;
- For other Business Purposes. We may use Your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns, to evaluate and improve Our Services, products, marketing and Your experience. We will not use identifiable personal information without Your consent.
Automatic Information Collection
Each time You visit the Sites, We may automatically collect certain types of information. Some examples of automatic information we may collect are as follows:
- We may record Your internet service provider’s address, Your internet protocol or IP address, the web page from which You came, Your web browser software, the type of handheld or mobile device used to link to the web page, and the language settings on Your web browser.
- We may collect a record of Your activity or Your “clickstream” while visiting the Sites.
- We may use “cookies” of different types to recognize Your computer. A cookie is a small text file that a website, online application, or e-mail may save to Your internet browser and/or Your computer’s hard drive for use in subsequent visits to the Sites or other sites.
- We may use web beacons, match scripts, pixel tags or similar technologies that allow Us to know if a particular web page was visited, an e-mail opened, links in the email utilized or if the advertisements on the Sites or other sites were effective. In some instances, these technologies may allow Us to match activities with particular users.
- We may collect any information You enter, share or that can be obtained from Your use of our apps, games, contests, or promotions.
Will Your information be shared with anyone?
When You create an account with Us You give Your consent that We may process or share data based on the following legal basis:
- Legitimate Interests: We may process Your data when it is reasonably necessary to achieve Our legitimate business interests.
- Legal Obligations: if We reasonably suspect that Your Account has been used for an unauthorized, illegal, or criminal purpose, You give Us express authorization to share information about You, Your Account, and any of Your transactions with law enforcement. We may disclose Your information where We are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose Your information where We believe it is necessary to investigate, prevent, or take action regarding potential violations of Our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which We are involved.
- Google Sign-in and Facebook Sign-in: Also, Our Services include a Social Media feature, such as “Google Sign-in” and “Facebook Sign-In”. This Social Media Features may collect certain Personal Information such as Your IP address or which page You are visiting on Our Website and may set a cookie to enable them to function properly. Google Sign-in and Facebook Sign-In are hosted by a third party (Google and Facebook respectively). Your interactions with this third party’ Social Media Feature are governed by Google’s and Facebook’s policies respectively and not by Ours.
What Safety Tools Are Being Used to Protect You Privacy?
We have implemented security measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, We cannot absolutely guarantee that unauthorized third parties will never be able to defeat those measures or use Your personal information for improper purposes.
You are responsible for safeguarding Your password and for restricting access to the Services from Your devices (e.g. compatible mobile devices and computer/s). You will immediately notify Us of any unauthorized use of Your password or any other breach of security so We could address it immediately and take the necessary course of actions.
For How Long Do We Keep Your Information?
- When We have no ongoing legitimate business need to process Your personal information, We will either delete or anonymize it, or, if this is not possible then We will securely store Your personal information and isolate it from any further processing until deletion is possible.
- If You claim Your personal information to be deleted and Your account with Our Services to be cancelled, We will cancel Your account and information associated with it to exercise Your right “to be forgotten”.
Where do We store Your data?
We store Your data on Our servers and We also use third-party storage providers to keep Your Data. Our data storage providers are contractually committed to protect and secure Your data. Third-Party Service Providers that store or process Your Personal Information are contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.
Opting out of email marketing
You can unsubscribe from Our marketing email list at any time by contacting Us via Our Contact Center by email at firstname.lastname@example.org . You will then be removed from the marketing email list – however, We will still need to send You service-related emails that are necessary for the administration and use of Your account.
Information From Minors Regulation
Our Website and Services are not directed to children. Access to and use of Our Site is only for those over the age of 18.
California Residents Privacy Rights
If You are located in California this provision applies to You. California Civil Code Section 1798.83 permits Our Customers who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) We disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which We shared personal information in the immediately preceding calendar year. If You are a California resident and would like to make such a request, please submit Your request in writing to Us using the contact information provided below.
If You are under 18 years of age, reside in California, and have a registered account with Our Website, You have the right to request removal of unwanted data that You publicly post on the Site. To request removal of such data, please contact Us using the contact information provided below, and include the email address associated with Your account and a statement that You reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from Our systems.
As required by law We will respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Our Designated Agent. Notification must be submitted to the following Designated Agent for these sites:
FREDS SWIM ACADEMY East Coast USA LLC
Attn Vincent Bruat
8 the Green, suite 4000
Dover, DE, 19901 / USA
Notice to Residents of the State of Nevada
If You are a resident of Nevada, You have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting Us at email@example.com and providing Us with Your name and the email address associated with Your account. Please kindly note that we do not currently sell Your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.
Cookies that We use should be divided into two types:
“First-party Cookies” – Cookies that are placed by Us;
“Third-party Cookies” – Cookies that are placed and used by third-party companies partnering with Us
It is important to note that we cannot access third-party cookies; nor can other third-party organizations access the data in the cookies we use on Our Website. We do not allow third-parties to use the cookies for any purpose other than those described in the next sections.
Types of Cookies
The following types of cookies may be used when You visit the Site:
Essential cookies let You move around the Website and use essential features like secure and private areas
Analytics cookies monitor how users reached the Site, and how they interact with and move around once on the Site. These cookies let Us know what features on the Website are working the best and what features on the Website can be improved.
Our cookies are “first-party cookies”, and can be either permanent or temporary. These are necessary cookies, without which the Website won’t work properly or be able to provide certain features and functionalities. Some of these may be manually disabled in Your browser, but may affect the functionality of the Site.
SITE MANAGEMENT COOKIES
Site management cookies are used to maintain Your identity or session on the Website so that You are not logged off unexpectedly, and any information You enter is retained from page to page. These cookies cannot be turned off individually, but You can disable all cookies in Your browser.
If You have questions or comments about this policy, You may contact Our Data Protection Officer (DPO), by email at firstname.lastname@example.org