Terms of Service

1. Introduction

   1. These terms and conditions govern your use of the Swim Smooth website and the Swim Smooth mobile apps.

   2. References in these terms and conditions to "our services" are to the website, the apps, and the free and subscription-based services available through the website and apps.

   3. By using our website or downloading one of our apps, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website, apps or services.

   4. When you register for an account with us on our website, we will ask you to expressly agree to these terms and conditions.

2. Copyright notice

   1. Copyright (c) 2004 - 2024 Swim Smooth Limited.

   2. Subject to the express provisions of these terms and conditions:

      1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our services and the material available through our services; and

      2. all the copyright and other intellectual property rights in our services and the material available through our services are reserved.

3. Rights to use our services

   1. Your rights to use our website are set out in these terms and conditions; whilst your rights to use our apps are set out in the end user licence agreement that you agreed to when you downloaded the relevant app, providing that the use of the apps and the services available through the apps is subject to the supplemental provisions set out in these terms and conditions.

   2. You may

      1. view pages from our website in a web browser;

      2. download pages from our website for caching in a web browser;

      3. print training plans from our website;

      4. stream audio and video files from our website; and

      5. use our other website services by means of a web browser, subject to the other provisions of these terms and conditions, and providing that you may not view, download, print, stream or use any premium content or features unless you are a current subscriber.

   3. Except as expressly permitted by these terms and conditions or the relevant app end user licence agreement, you must not download any material from our services or save any such material to your computer.

   4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material that is available through our services.

   5. Except to the extent that you own or control the rights in the relevant material, you must not:

      1. republish material from our services (including republication on another website);

      2. sell, rent or sub-license material from our services;

      3. show any material from our services in public; or

      4. distribute or redistribute material from our services.

   6. If you are a swimming coach that subscribes to our services and you want your students to have access to material from our services, you should ask them to subscribe to the services themselves.

   7. Unless you have a coaching account with us, you must not exploit our services or any material from our services for a commercial purpose.

   8. We reserve the right to restrict access to our services, or an element of our services, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our services.

4. Acceptable use

   1. You must not:

      1. use our services in any way or take any action that causes, or may cause, damage to the services or impairment of the performance, availability or accessibility of the services;

      2. use our services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

      3. use our services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

      4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our services without our express written consent;

      5. violate the directives set out in the robots.txt file for our services; or

      6. use data collected from our services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

   2. Unless you have a coaching account and are contacting your clients who have consented to such contact, or you are a subscriber and are contacting your coach, you must not use data collected from our services to contact individuals, companies or other persons or entities.

   3. You must ensure that all the information you supply to us through our services, or in relation to our services, is true, accurate, current, complete and non-misleading.

5. Products

   1. We sell products on our website. The advertising of these products constitutes an "invitation to treat" rather than a contractual offer.

   2. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

   3. Prices stated on our website may be stated incorrectly.

   4. The sale and purchase of products through our website will be subject to our terms and conditions of sale, and we will ask you to agree to the terms and conditions each time you make a purchase on our website.

   5. Any product reviews that you submit for publication on our website shall be subject to the terms of Section 12 and Section 13.

6. Registration and accounts

   1. To be eligible for an account to access our services under this Section 6, you must be at least 16 years of age.

   2. You may register for an account by completing and submitting the account registration form on our website.

   3. You must not allow any other person to use your account to access our services (except using the demonstration mode). You must notify us in writing immediately if you become aware of any unauthorised use of your account.

   4. You must not use any other person's account to access the services (except using the demonstration mode).

7. User IDs and passwords

   1. If you register for an account, you will be asked to choose a user ID and password.

   2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

   3. You must keep your password confidential.

   4. You must notify us in writing immediately if you become aware of any disclosure of your password.

   5. You are responsible for any activity on our services arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

   1. We may:

      1. suspend your account;

      2. cancel your account; and/or

      3. edit your account details, at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

9. Swim Smooth: free trials

   1. When you first create an account, you will be offered the possibility of a free trial, which will enable you to use the services for a limited duration.

10. Swim Smooth: subscriptions

    1. Our subscription services are designed for adult swimmers and coaches looking to improve freestyle (front crawl) technique. Our coaching system is not suitable for persons under the age of 16 or for people just learning to swim; and our coaching system does not cover breaststroke, backstroke, the butterfly or any stroke other than freestyle (front crawl).

    2. To become a subscriber to our services, you must pay the applicable subscription fees during the account registration procedure, at the end of your free trial, or subsequently. We will send you an acknowledgement of your order. The contract between us for the supply of the services shall come into force upon the issue of the order acknowledgement.

    3. You will have the opportunity to identify and correct input errors prior to submitting your order.

    4. Subscriptions shall be for the period of 1 month or 1 year. You may cancel a subscription by giving us written notice (to customerservice@swimsmooth.com) at any time, in which case the subscription will continue until the end of the relevant period, subject to Section 13.

    5. For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website and in our apps in relation to your subscription type.

    6. We may from time to time vary the benefits associated with a subscription by posting a new subscription description on our website and in our apps, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us, using any reasonable methodology.

    7. At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription.

    8. In order to follow our coaching system, you may need to purchase swimming equipment.

11. Swim Smooth: use without a subscription

    1. If you do not purchase a subscription at the end of a free trial period, or if you do not renew a subscription, you will still be able to log into your account and to use the website and apps, but the data and services available through the website and apps will be strictly limited. These limits will be applied after a short grace period in the case of the end of a free trial, and immediately in the case of the end of a subscription.

    2. Subject to the exercise of your rights under data protection law, we will continue to store data collected during swims, and if you subscribe after a period of use without a subscription, then you will get access to the detailed data relating to your recorded swims during the period without the subscription.

12. Fees

    1. The fees in respect of our services will be as set out on the website and in the apps from time to time.

    2. You must pay to us the fees in respect of our services in advance, in cleared funds, in accordance with any instructions on our website and in the apps. If you purchase a monthly subscription, we will collect your first payment immediately and each subsequent monthly payment on or around the same day of each following month, subject to cancellation; and if you purchase an annual subscription, we will collect your first payment immediately and each subsequent annual payment on or around the same day of each following year, subject to cancellation.

    3. We may vary fees from time to time by posting new fees on our website and in the apps, but this will not affect fees for services that have been previously paid.

    4. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

    5. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

       1. an amount equal to the amount of the charge-back;

       2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

       3. an administration fee of GBP £25.00; and

       4. all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 12.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 12.6.

    6. If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

13. Distance contracts: cancellation right

    1. This Section 13 applies to all our subscribers, including coaches using the services in the course of a business.

    2. You may withdraw an order for a subscription contract under these terms and conditions, or cancel a subscription contract entered into with us under these terms and conditions, at any time within the period:

       1. beginning upon the submission of your order; and

       2. ending at the end of 14 days after the day on which the contract is entered into, subject to Section 13.3. You do not have to give any reason for your withdrawal or cancellation.

    3. You agree that we may begin the provision of services before the expiry of the period referred to in Section 13.2.

    4. In order to withdraw an offer to contract, or cancel a contract, on the basis described in this Section 13, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision, including by email tocustomerservice@swimsmooth.com. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

    5. If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 13, you will receive a full refund of any amount you paid to us in respect of the order or contract.

    6. We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

    7. We will process the refund due to you as a result of a cancellation on the basis described in this Section 13 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

14. Our rights to use your content

    1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our services for storage or publication on, processing by, or transmission via, our services.

    2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

    3. You grant to us the right to sub-license the rights licensed under Section 14.2.

    4. You grant to us the right to bring an action for infringement of the rights licensed under Section 14.2.

    5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

    6. You may edit your content to the extent permitted, using the editing functionality made available on our services.

    7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

15. Rules relating to your content

    1. You warrant and represent that your content will comply with these terms and conditions.

    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

    3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:

       1. be libellous or maliciously false;

       2. be obscene or indecent;

       3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

       4. infringe any right of confidence, right of privacy or right under data protection legislation;

       5. constitute negligent advice or contain any negligent statement;

       6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

       7. be in contempt of any court, or in breach of any court order;

       8. be in breach of racial or religious hatred or discrimination legislation;

       9. be in breach of official secrets legislation;

       10. be in breach of any contractual obligation owed to any person;

       11. be pornographic, lewd, suggestive or sexually explicit;

       12. be untrue, false, inaccurate or misleading;

       13. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

       14. constitute spam;

       15. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; o

       16. cause annoyance, inconvenience or needless anxiety to any person.

    4. If you learn of any unlawful material or activity on our services, or any material or activity that breaches these terms and conditions, please let us know by email.

16. No association

    1. You must not claim to represent Swim Smooth Limited or be certified or accredited or otherwise associated with Swim Smooth Limited or the Swim Smooth Coaching System.

    2. For the avoidance of doubt, you must not reproduce the Swim Smooth logo on any website.

17. Limited warranties

    1. We do not warrant or represent:

       1. the completeness or accuracy of the information published on our services;

       2. that the services will operate on all web-enabled devices;

       3. that the material on the services is up to date; or

       4. that the services will remain available.

    2. We reserve the right to discontinue or alter any or all of our services, and to stop publishing our website and apps, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing the website or any of the apps.

    3. To the maximum extent permitted by applicable law and subject to Section 17.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions and our services.

18. Health and safety

    1. Our services contain information about swimming and swimming training techniques. That information is not advice and should not be treated as such.

    2. If you have a swimming coach, you should consult with that coach in relation to the training programmes and other sports-related information on our services.

    3. You should check with your doctor before commencing any exercise programme.

    4. 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.

    5. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our services.

    6. You should only swim in pools with lifeguard cover, and in open water with appropriate safety cover.

    7. You acknowledge and agree that you will be responsible for your own health and safety whilst swimming, and that subject to Clause 19.1 we will not be liable to you for any injury you may suffer whilst following our coaching system.

19. Limitations and exclusions of liability

    1. Nothing in these terms and conditions will:

       1. limit or exclude any liability for death or personal injury resulting from negligence;

       2. limit or exclude any liability for fraud or fraudulent misrepresentation;

       3. limit any liabilities in any way that is not permitted under applicable law; or

       4. exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

    2. The limitations and exclusions of liability set out in this Section 19 and elsewhere in these terms and conditions:

       1. are subject to Section 19.1; and

       2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    3. To the extent that our services and the information and services on our services are provided free of charge, we will not be liable for any loss or damage of any nature.

    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.

    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our services or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

    9. You acknowledge that the streaming of video content from our services will require a large amount of bandwidth, that you will be responsible for all costs associated with bandwidth use, and that we will have no responsibility or liability in respect of such use.

    10. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

        1. GBP 100.00; and

        2. the total amount paid and payable to us under the contract.

20. Indemnity

    1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

       1. any breach by you of any provision of these terms and conditions; or

       2. your use of our services.

21. Breaches of these terms and conditions

    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

       1. send you one or more formal warnings;

       2. temporarily suspend your access to our services;

       3. permanently prohibit you from accessing our services;

       4. block computers using your IP address from accessing our services;

       5. contact any or all of your internet service providers and request that they block your access to our services;

       6. commence legal action against you, whether for breach of contract or otherwise; and/or 

       7. suspend or delete your account on our services.

    2. Where we suspend or prohibit or block your access to our services or a part of our services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

22. Third party websites

    1. Our services include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

    2. We have no control over third party websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

23. Trade marks & Patents

    1. SWIM SMOOTH, THE SWIM SMOOTH COACHING SYSTEM, THE SWIM SMOOTH GURU, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

    2. The third party registered and unregistered trade marks or service marks displayed through our services are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

    3. Parts of the Swim Smooth Guru are covered by the patent GB2014106.5 ("System & Method for coaching a swimmer")

24. Variation

    1. We may revise these terms and conditions from time to time.

    2. The revised terms and conditions shall apply to the use of our services from the date of publication of the revised terms and conditions on the website and in the apps, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

    3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account, and you must stop using the website and apps.

25. Assignment

    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

26. Severability

    1. If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

    2. If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

27. Third party rights

    1. A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

    2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

28. Entire agreement

    1. Subject to Section 19.1, these terms and conditions, together with the end user licence agreements for our apps and our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our services and shall supersede all previous agreements between you and us in relation to your use of our services.

29. Law and jurisdiction

    1. A contract under these terms and conditions shall be governed by and construed in accordance with English law.

    2. Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

30. Statutory and regulatory disclosures

    1. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website or in our apps. We recommend that you consider saving a copy of these terms and conditions for future reference.

    2. These terms and conditions are available in the English language only.

31. Our details

    1. Our legal name is Swim Smooth Limited, trading as Swim Smooth.

    2. We are registered in England and Wales under registration number 14802092, and our registered office is at Manor Cottage, Hunton, Bedale, North Yorkshire, England, DL8 1PX

    3. Our principal place of business is also at Manor Cottage, Hunton, Bedale, North Yorkshire, England, DL8 1PX.

    4. You can contact us by writing to the business address given above, by using our website and app contact forms, by email to hello@swimsmooth.com.