(4) ZSwim does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
(5) ZSwim may revise these Customer Ts&Cs at any time by posting an updated version to this web page. You should visit this page periodically to view the most current Customer Ts&Cs because they are binding on you.
2. The Basics
(1) This Site is a place where Customers can view swimming lessons of, and obtain information about, Swimming Lessons offered for booking (“Swimming Lessons”) by others, including Swimming Lessons Venders, lessees and managers, (each, an “Vender” and collectively with a Customer, the ‘users’),. We offer online booking and other tools or services to allow users to communicate with each other and to enter into booking agreements or other transactions.
(2) The Site acts only as a venue for users to interact, and zSwim is not, and does not become, party to any contractual relationship between the Customer and the Vender, and does not mediate between the Customer and the Vender in the event of any dispute arising between them. This is true even if the Site facilitates booking a Swimming Lesson or the use of other tools, services or products, as zSwim is not a party to any booking or other agreement between Customers and Venders.
3. Swimming Lesson Listings and Interaction with Venders
(1) Venders are entirely responsible for all of the information, including images, text and other content, relating to the Lessons they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a listing is linked to an automated translation facility, such as Google Translate, it is the Vender’s responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies in it.
(2) If a Customer finds a Swimming Lesson in which they are interested, they can send an information request to the Vender (an “enquiry”) stating their surname, e-mail address and telephone number, along with any requested information, without having to log in to the Site for the purpose.
(3) The Customer will receive a confirmation from ZSwim once an enquiry has been sent to the Vender.
(4) The Vender may then communicate with the Customer in connection with the enquiry.
(5) Where an Vender has enabled online booking, Customer will be able to make a booking online, which shall be confirmed or declined by the Vender within 24 hours. If the Vender has enabled online payment, a Customer whose booking was confirmed by the Vender will be able to pay with his their credit card through the payments gateway offered by our third party payment provider, PayPal or SagePay. The online payments service is subject to the terms and conditions of PayPal and SagePay, and Customer accepts that Provider zSwim has no control over nor any responsibility for PayPal’s ro SagePay services.
(6) Enquiries using the zSwim system are available for review by the person to whom it was initially addressed and to a limited number of zSwim Group customer service employees, who may be asked by Venders or others for their past enquiry information. zSwim also monitor messages from time to time which are sent using our platforms. zSwim may, from time to time, use third party e-mail servers to send and track receipt of the enquiry emails, and analyse the pattern of enquiry usage reported by these third party tracking systems. Our system does not hold messages indefinitely and they may not be accessible after the message has been delivered to you.
Please print a copy of any message which is important to you – for example a payment receipt or a booking confirmation.
(7) zSwim has no responsibility for, or involvement in, the communications between the Vender and Customer.
4. Registration and establishing an Account
(1) Should Customers wish to use services available to them on the site other than simply making an enquiry, they must register with the site. zSwim does not authorise anyone to register with Site unless they are able to enter into legally binding contracts. As a result of successfully completing the registration process, the Customer obtains a user account for the site (an “Account”).
(2) To obtain an Account, a Customer must follow all of the instructions given by zSwim during the registration process. A Customer can sign up for an account using a personal email address or alternatively can sign up using Facebook login credentials by clicking on Facebook login button on registration screen.
(3) The Customer’s Account includes information which is made publicly available to other users of the Site and can also be seen by other internet users not registered on the Site, for example, it may show up in Google search engines. An Account includes, amongst other things:
- A dedicated page, known as “My profile” page. Personal profiles pages display a user’s photo and name as mandatory fields. Other personal and travel information are optional and it will remain at the discretion of the Customer.
- The availability to monitor specific Lessons;
- Save favourite Swimming Lessons;
- Add notes and create lists;
- Save comments on Swimming Lessons;
- Place reviews of booked Lessons;
- Link Customer’s Facebook account. By logging in with Facebook or linking a Customer account with Facebook, the Customer agrees to transfer their login credentials from Facebook and to display the list of Facebook friends who also have an account with zSwim Group. This information will be displayed on Customer profile page.
- Share favourite Swimming Lessons or lists with others, such as friends and family and social networks.
5. Rights and obligations of zSwim
(1) zSwim shall use commercially reasonable efforts to ensure that depictions on the site of the photos of the Swimming Lessons that Venders have submitted to zSwim are as true and accurate a representation of those photos as practicable. However, you acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(2) Further, you also acknowledge that Venders – and not zSwim – are responsible for the accuracy with which the photos depict the relevant Lessons.
(3) zSwim may occasionally undertake upgrades and maintenance of the site, its platforms and systems. These works may result in restrictions on the usage. zSwim will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Customers’ usage is least affected.
(4) zSwim offers a messaging system which may be used by the Vender and Customer for making contact with one another. Completed enquiry contact forms will be forwarded to the email provided by the Vender of the relevant Swimming Lessons. You acknowledge that unauthorised third parties may misuse the system and unlawfully intercept or read messages. zSwim is not liable for any such misuse.
(5) You acknowledge that zSwim is not responsible for checking the identity, or for the behaviour, of Venders or for establishing the nature, condition or existence of a Swimming Lessons.
(6) zSwim reserves the right to transfer these Customer Ts & Cs, and to assign or subcontract any or all of its rights and obligations under theseCustomer Ts & Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given under these Customer Ts & Cs.
(7) Zswim will take £1 from each booking payment at the time of payment. This sum may be subject to change at any time.
6. Intellectual Property and Related
(1) All content that appears on this site, and the site itself, is protected by copyright and database rights. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Customers are permitted to download, display or print individual pages of the site to evidence their agreement with zSwim. The relevant file or the relevant printout must clearly bear the text “© Copyright 2014 – Present zSwim UK Ltd – All Rights Reserved”.
(3) Where a Customer submits to or transmits through the site or zSwim’s platform or systems any content of any type, including text or images, the Customer undertakes that he/she has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or Venders of featured items (lessons release’).
(4) To the extent that Customers’ reviews or other content may contain trade marks or other proprietary names or marks, Customers undertake that they have the right to do so.
(5) By submitting reviews to the site, Customers authorise zSwim to use them both on the site and in separately published form.
7. Customers’ Accounts, Communications and Reviews
(1) Customers must provide only accurate and truthful information concerning their identity in their Accounts and profile pages, and any other communications on the Site, including reviews of Swimming Lessons.
(2) Customers are required to keep their Account login details secret and not to pass them on to third parties or allow them to be used to provide shared access, for example over a network. Customers should use a password which is unique to their use of the Site – they must not use the same password as is used for another site. zSwim will never ask Customers to disclose these details. If you are contacted by third parties and asked for Account login details, under no circumstances should you impart any of those details, but must immediately notify ZSwim of the occurrence through the contact form . In addition, should you notice that your account is being used by an unauthorised third party, you should immediately report the matter to zSwim through the contact form and change their password.
(3) Messages sent via zSwim’s systems should only relate to genuine booking enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse zSwim’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. E-mails and site recommendations transmitted via the “Recommend this site” function should only be sent with the recipient’s consent. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.
(4) Customers may post their reviews of Venders’ Swimming Lessons (“Customer Reviews”) on the site. The Vender is given the opportunity to view Customer Reviews, and to respond to them (a “Vender Response”). .
(5) zSwim also makes available to Venders a facility for Venders to submit to the site comments provided by people – whether or not they have booked the Swimming Lesson through the site – who have booked at that Lessons (“Guestbook Comments”).
(6) Please note that zSwim does not, and realistically does not have the ability to, verify the accuracy or otherwise of Guestbook Comments, Customer Reviews or Vender Responses.
(7) zSwim nevertheless requires all Guestbook Comments, Customer Reviews, Vender Responses and other communications using zSwim’s systems to conform to the Content Guidelines, and may decline to post any of them that zSwim finds do not comply.
(8) In the event that any Customer Review appears on the site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, zSwim shall be entitled immediately to remove from the site the relevant non-conforming Customer Review.
(9) ZSwim does not generally conduct identity checks. If Customers suspect that the Vender has supplied false information, they are invited to notify zSwim through the contact form.
You agree to indemnify and hold zSwim and its affiliates in other countries including zSwim Group (“zSwim Affiliates”) harmless against any claims by third parties brought against zSwim or any zSwim Affiliate arising out of or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; or (c) any breach by you of these Customer Ts&Cs. zSwim will provide notice to you promptly of any such claims.
The Customer shall not directly or indirectly:
- With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
- Monitor content on the site or zSwim’s platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or Swimming Lesson bookings adverts, or any subset of the same or which is in the business of providing Swimming Lessons booking services or other services that compete with the site or zSwim) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with zSwim’s robots.txt file;
- Use the site or zSwim’s platform or systems for purposes other than those referred to in these Customer Ts & Cs;
- Use the site or the tools and services on the site for the purpose of booking or soliciting a booking for a swimming lesson other than a lessons under a valid Listing;
- Reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
- Upload or send to the site or zSwim’s platform or systems any contents or programs, which on account of their size or nature, might damage zSwim’s computers or networks;
- Include content on the site or zSwim’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
- Use or access the Site or zSwim’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);
- Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
- Refer to zSwim or any zSwim Affiliate in any way that might lead someone to believe that the Customer or any website is sponsored by, affiliated with, or endorsed by zSwim or any zSwim Affiliate.
10. Right to delete content
Customers are responsible for ensuring that their communications, and content posted, through or in connection with the site, including Customer Reviews and communications with Venders, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines . zSwim may monitor any data on the Site or zSwim’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, zSwim shall be entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.
(1) Messages are to be sent using the contact form or by ordinary post to zSwim Can Mezzanine, empowerinc, 49-51 East Road, London, N1 6AH, UK.
(2) Notifications of copyright infringement must contain:
- Your postal address, telephone number and e-mail address
- Precise details about the content in question (insertion of the text or image) including a link to the website;
- A signed declaration in lieu of an oath, which evidences that you:
- Hold the exclusive rights to use the work;
- Have not authorised the use of the material in question in this form.
12. Liability of zSwim
In no event will zSwim be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site or zSwim’s platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if zSwim has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or zSwim’s platform or systems, you do not agree with any part of these Customer Ts & Cs, then your sole and exclusive remedy against zSwim is to discontinue using the site. Nothing in these Customer Ts & Cs shall exclude or restrict zSwim Group ‘s liability for death or personal injury resulting from its negligence; nor for zSwim Group’s fraud or fraudulent misrepresentation.
(1) These Customer Ts & Cs, and the relationship between the Vender and zSwim, shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.
(3) zSwim recommends that you save your own copy of these Customer Ts & Cs in a separate file on your device or in print-out form.
(4) zSwim’s failure to act with respect to a breach of these Customer Ts & Cs by the Customer or others does not waive zSwim ’s right to act with respect to subsequent or similar breaches.
(5) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Customer Ts & Cs.
(6) The invalidity of one or more provisions of these Customer Ts & Cs shall not affect the validity of the other provisions.