SWIMMINGSTRONG.CO.UK TERMS AND CONDITIONS

SWIMMINGSTRONG.CO.UK TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of www.swimmingstrong.co.uk (the "Site"). This Site is owned and operated by Swimming Strong Ltd. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Swimming Strong Ltd and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Accounts

When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2.All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods And Services

These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:

• Swimming strong credits which can be used to purchase a number of services or products across the portal.

We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.
The following services are available on our Site:

• Performance analysis completion & data upload via user video submission or utilisation of archive or available footage.
• Comparison of user data to 6 levels of benchmarking data following completion of analysis process.
• Completion of 3MT physiological analysis and reporting via video upload or user data input.
• Generation of individualised swimming pace prescription sheet following completion of 3MT physiological analysis.
• Generation of individualised strength & conditioning programme following user data input across headings of movement, strength, mobility & power.
• Education workshops hosted via the swimming strong portal and priced utilising credit system.

The services will be paid for in full credit purchase required in advance of service provision.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Free Membership

We offer the following free trial of our goods and services: Access to portal and demo data available following registration without credit purchase.
At the end of your free trial, the following will occur: To be able to upload, have analysis completed & have access to additional platform features a credit purchase must be completed.
To cancel your free trial, please follow these steps: Contact us at support@swimmingstrong.co.uk to delete your account.

Payments

We accept the following payment methods on our Site:

• Credit Card / PayPal / Debit Card (via secure stripe portal)

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Right to Cancel and Receive Reimbursement

If you are a customer living in the United Kingdom or the Eurpoean Union you have the right to cancel your contract to purchase goods and services from us within 14 days without giving notice. The cancellation period:

• Will end 14 days from the date of purchase when you purchased digital content that was not supplied on a tangible medium; or
• Will end 14 days from the date of purchase when you purchased a service.

To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at support@swimmingstrong.co.uk or via the contact form within the Help & Support section of the website. We will aim to respond to all queries within 72 hours.

The right to cancel does not apply to:

• Goods or services, other than the supply of water, gas, electricity, or district heating, where the price depends upon fluctuations in the financial market that we cannot control and that may occur during the cancellation period;
• Custom or personalised goods such as bespoke education products or technological solutions.
• Goods that will deteriorate or expire rapidly;
• Services that the customer has requested for the purpose of carrying out urgent repairs or maintenance;
• Newspapers, magazines, or periodicals, except for subscriptions to such publications; and
• Accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities, if the contract includes a specific date or period of performance.

Effects of Cancellation

If you requested the performance of services begin during the cancellation period, you are required to pay us an amount which is in proportion to what has been performed until you have communicated to us your decision to cancel this contract. We will reimburse to you any amount you have paid above this proportionate payment.
If you provide express consent to the supply of digital content during the cancellation period and acknowledge that your right to cancel the contract is lost by the supply of digital content during the cancellation period, you will no longer have a right to cancel the contract.
We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.
This right to cancel and to reimbursement is not affected by any return or refund policy we may have.

Refunds

Refund requests must be made within 30 days after receipt of your goods.
Refunds do not apply to the following goods:

• Credits which have already been spent on swimming strong platform services cannot be refunded unless there is a reasonable technical issue which cannot be resolved by the team.

Consumer Protection Law

Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

Swimming Strong Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Swimming Strong Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Country of England.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:
support@swimmingstrong.co.uk
69 Whitegate Gardens, Harrow, London, HA3 6BW
You can also contact us through the feedback form available on our Site.

Effective Date: 1st day of September, 2021