TERMS AND CONDITIONS 2018-12-13T16:53:00+00:00

SWIMOVATE LTD IS THE DEVELOPER OF THE POOLMATE APP WHICH TRANSFERS SWIM DATA FROM A POOLMATE WATCH TO MYPOOLMATE.COM (THE “SITE”)

We are registered in England and Wales under number 06431903. Our registered office is at 12 Park Lane, Tilehurst, Reading, RG31 5DL, UK. Our VAT number is 941956690. By accessing, browsing or using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. Swimovate reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Site and the App Privacy Policy, which are incorporated herein. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

USE OF THE SITE

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Swimovate. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Swimovate. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site. We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes: • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity • Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation • Attempting to interfere in any way with the Site’s or Swimovate’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

REGISTRATION AND PASSWORDS

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

ADDITIONAL TERMS AND CONDITIONS

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to Privacy Policy, which Additional Terms will be made available to you at the appropriate time and are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

MEMBERSHIP

The Site and the App are available to registered users who are 18 years and older and who have not been suspended or removed by Swimovate for any reason (a “Member”). We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. Membership is void where prohibited by law.

PROPRIETARY RIGHTS

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site and the App are the property of Swimovate or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site or the App. Swimovate and Poolmate are registered trademarks. All of our Site’s content are Copyright 2015 Swimovate Ltd. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Swimovate Ltd.

SUBMITTED CONTENT

By submitting or posting any materials or content on the Site, including but not limited to, swim data, you grant Swimovate a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant Swimovate the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images or swim data) to which you do not have the full right to grant Swimovate the license specified above. You also confirm that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Swimovate will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.

PRODUCT INFORMATION; LIMITATION ON QUANTITIES

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site and the App is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit any offers and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site or the App will be available.

DISCLAIMERS

Swimovate is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside Swimovates’ control. If you cannot access the Site properly or at all because any of these reasons, Swimovate will not refund any money you have paid or compensate you. Making the Site enjoyable means Swimovate needs to fix bugs, install updates and do general diagnosis and maintenance of the Site or the App. Swimovate will try to do scheduled maintenance during what Swimovate anticipates will be relatively low levels of online use. Swimovate also need to be able to do emergency maintenance and/or suspend access to the servers where, in Swimovate ‘ reasonable discretion, Swimovate sees the need to do that. Swimovate will try to have the Site available again as soon as Swimovate thinks it is safe to do so. The Site relies in part on software to work. Software has bugs. Whilst Swimovate will monitor the Site and try to fix bugs that are made known to us, Swimovate cannot guarantee that the Site will be bug-free or will work all the time. It is not a term of these Terms of Use that the Site or any individual feature of the Site will always be available, error free and/or free from viruses. Where the Site contains links to other websites and third party products or services, these links are provided for your information only. Swimovate is not responsible for the content of these websites or products or services.

INDEMNIFICATION

You agree to indemnify Swimovate liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms.

LIMITATION OF LIABILITY

Swimovate excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site ; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. Swimovate will not be liable to you over the entire period of your use of the Site for any; (a)death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.

SEVERABILITY

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

WAIVER; REMEDIES; VARIATIONS, ENTIRE AGREEMENT

The failure of Swimovate to partially or fully exercise any rights or the waiver of Swimovate of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Swimovate or be deemed a waiver by Swimovate of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Swimovate under these Terms and any other applicable agreement between you and Swimovate shall be cumulative, and the exercise of any such right or remedy shall not limit Swimovate’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.

GOVERNING LAW

The operation of our Site, App and Contracts for the purchase of Goods through our Site and App are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

QUESTIONS

Should you have any questions regarding these terms you may contact us at support@swimovate.com.