zSwim UK Vendor Terms and Conditions

1. Introduction

(1) The www.zswim.com website, and any mobile application for the website (the “Site”) is owned and operated by zSwim and Empowerinc ltd, Can Mezzanine, 49-51 East Road, London, N1 6AH, UK (“zSwim” , “we” , “us” or “our”). zSwim is a subsidiary of Empower Inc Group. You can find out more about the Empowerinc Group and how we share data in the Site’s Privacy Policy.

(2) These terms and conditions (the “Vender Ts&Cs”) together with the Privacy Policy, govern the relationship between zSwim and any party which accesses or uses the Site to offer or advertise any swimming lessons for booking, including leisure centres Venders, agencies and Centres managers, (collectively, “Vender” or “you”).

(3)The Vender Ts&Cs constitute a legally binding agreement between zSwim and the Vender. By using or accessing the Site or zSwim platforms or systemsin the capacity of an Vender, you acknowledge that you agree to and are subject to the vendor Ts&Cs as well as our Privacy PolicyIf you do not fully agree to the vendor Ts&Cs, you are not authorised to access or otherwise use the Site.

(4) If the Vendor is a company, partnership or other entity, a person who uses this site, and/or agrees to the Vendor Ts&Cs, on behalf of that Vendor represents that he/she has the authority to bind the entity to these Vendor Ts&Cs.

(5) zSwim does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.

(6) zSwim may revise these Vendor 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 Vendor Ts&Cs because they are binding on you.
Vendor who violate the Vendor Ts&Cs may have their access and use of the Site suspended and their Swimming lessons Listings removed from the Site, at zSwim’s discretion.

 

2. The Site is a Venue only

(1) This site is a venue which allows Vendora to advertise one or more swimming lessons bookings (each a “Lessons”) for booking in a variety of pricing formats to swimming customer (each, a “Customer” and, collectively with an Vendor the ‘users’). We also offer online booking or other tools or services to allow Vendor and Customer to communicate with each other and to enter into lessons agreements or other transactions.

(2) The Site provides a venue for users to interact, and zSwim is not, and does not become, party to any contractual relationship between the Customer and the Vendor, and does not mediate between the Customer and the Vendor in the event of any dispute arising between them. This is true when the Site facilitates booking a Lessons or the use of other tools, services or products, as zSwim is not a party to any lessons booking or other agreement between Customer and Vendor.

 

3. Swimming Lesson Listings

3.1 Purchasing a Membership

(1) Vendors can agree with the zSwim to place on the site a paid-for advertisement for a specific Lessons (each, a “Membership”).

(2) To purchase a Membership, the Vendor must make an order by means of the Site’s online order form and pay zSwim the fees for the relevant Membership (“Membership Fees”). The Membership Fees may vary if the Vendor signs up to the “Tiered Pricing” service where, depending on the ranking level Vendor has signed up to a Membership shall be placed on a more prominent position than another. By submitting an order form the Vendor warrants that all of the information they have provided to zSwim is accurate and complies with the Membership Terms set out in clause 4 below.

(3) Memberships sold by zSwim run for the full term as selected by the Vendor on the relevant order form. That term starts on the date that the Vendor submits the full or initial (as applicable) payment of Listing Fees (the “Purchase Date“) and expires on the last date of the term selected by the Vendor (the “Membership Term“), unless renewed as provided in sub-paragraph (6) below. For example, if the Purchase Date for an annual Membership Term is July 1st, the Membership would expire on June 30th of the following year (unless renewed as provided below).

(4) Note that all Memberships and other additional services paid for with a credit card will be automatically and continuously renewed at the end of their respective term. Memberships will be renewed for the same duration as the initial membership Term (or by twelve months, if the initial Membership Term was more than twelve months) and services will be renewed to match the Membership term (each a “Renewed Membership Term”). Special discounts granted for the initial Membership Term are not granted for a Renewed Membership Term. The automatic extension of a Membership Term can be deactivated at any time before the end of the initial Membership Term or the then-current Renewed Membership Term by means of the “deactivate automatic extension” link or by notifying zSwim through the contact form. To avoid doubt, any such deactivation will only take effect at the end of the initial Membership Term or Renewed membership Term in which the deactivation occurs.

(5) Payments to zSwim can be made by PayPal, direct debit, bank transfer, credit card payment or any other method authorised in advance by zSwim. The pre-notification period for any SEPA direct debit payment is shortened to 1 day. All banking and other fees relating to a payment shall be borne by the Vendor.

(6) Note that Venders who are qualifying Leisure Centres Managers may apply to zSwim to enter into a separate Leisure Centres Manager Membership Contract.

(7) If an Vendor purchases a membership, but does not complete the creation of the swimming lessons or the swimming lessons does not appear on the site for any other reason, refund requests for Membership Fees will be considered by zSwim, but are only available if applied for by the Vendor by contacting zSwim through the contact form during the first three (3) months following the relevant Purchase Date (the “Initial 3 Months“), and on the condition that: (i) the relevant lessons has not appeared on the site during the Initial 3 Months; and (ii) the failure of the swimming lessons to appear on the site during the Initial 3 Month does not result from the Vendor failing to take such steps as zSwim may require in relation to the completion of the membership.

(8) If no such refund is applied for or granted, but the relevant lessons is completed and appears on the site after the end of the Initial 3 Months, zSwim may in its discretion permit the Membership Term to continue until fifteen (15) months after the Purchase Date for that Membership.

(9) Membership Fees are non refundable in the event that the Vendor terminates the Agreement or wishes to remove a Membership/lessons before the end of the Term of subscription initially chosen.

(10) zSwim reserves the right to decline to place any lessons that appears, in zSwim’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Vendor Ts & Cs.

(11) While Vendors and leisure centre managers can influence a Lesson’s position, the search results are dynamic. As a result, Vendors may notice ongoing fluctuations in their lessons position.

 

3.2 Booking Fees

(1) Vendors will be charged £1 commission per-booking, which will automatically be taken from the payment submitted by the customer to the Vendor. zSwim reserves the right to change the applicable Commission, with any changes to be notified to the Vendor 30 days before the new Commission is applied. The new Commission rate will be deemed accepted if the Vendor does not remove his Lessons by the time the new Commission is applied.

(2) The calculation of the Commission will include applicable payment processing fees related to online payment, but shall not be assessed on amounts charged for taxes and any other product or service purchased by the Customer and charged by zSwim, such as insurance products. It is the Vendors’ duty to accurately breakdown the different amounts charged to the Customer.

(3) Online booking and payments are required for all booking Lessons. zSwim further commits to manage communications inquiries and booking payments through zSwim’s platform and tools. Use of external tools and payments not processed through zSwim’s platform is strictly forbidden.

(4) Processing of the amounts paid by the Customers, less zSwim’s commission, is managed by zSwim’s third party provider PayPal Adaptive Payments, and processed 24 hours after booking date as originally booked by the Customer. Vendor acknowledges and accepts that zSwim has no involvement in the payment process and shall have no responsibility with regards to the correct payment of the booking.

(5) Vendor commits to provide only accurate and up to date information for each Lesson (including the description, rates and cancellation policy), and shall not impose different conditions on the Customer than those set out in the Membership. Failure to comply with the obligations set forth in these terms and conditions may result in Vendor’s permanent exclusion from the Site and from any of its affiliated sites.

(6) Vendor shall choose a cancellation policy among the ones proposed by zSwim. The selected cancellation policy may be changed by the Vendor at any time and shall be applicable to all Memberships. zSWim shall retain all the commission fee in the event of cancellation of bookings where the applicable policy allows full refunds. The Vendor shall be responsible for refunding the customer the full amount, including that which was designated as commission.

(7) Sort order for lessons depends on zSwim’s algorithms and may vary from time to time. No guarantee is given on any position within the search results, but the position of a Listing can be improved through quality criteria, such as number and quality of pictures, quotable rates, description, calendar updates, etc.

(8) Membership published will be displayed on the Site indefinitely; however zSwim reserves the right to remove or refuse to publish any Lessons at any time in its sole discretion. Advertiser can also suspend or remove their Lessons at any time, through their dashboard or by contacting customer service.

 

4. Membership Terms

(1) The Vendor warrants that all of the information provided to zSwim is accurate and up-to-date, including, but not limited to any and all representations about any Lessons, its amenities, location, price, and its availability for a specific date or range of dates or age. The Vendor will only list Lessons which the Vendor is entitled to booking to Customer, and each Listing must relate to an individual and uniquely identified swimming lessons.

(2) The Vendor undertakes to ensure that the information on the Lessons is kept accurate and up-to-date for the entire time the Lessons remains on the Site, and: (i) if a translation is provided to ensure that it is carefully and correctly translated, and: (ii) to comply with the Lessons guidelines when drawing up the Lessons. The Vendor shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.

(3) The Vendor undertakes to ensure that the calendar for each Lesson is keep accurate and up-to-date to reflect the availability of the relevant Lessons as it is booked. On date-based searches, Lessons having calendars which are 60 days or more out of date will be filtered out of results.

(4) Vendors are responsible for ensuring that their Lessons do not infringe the law or the rights of any person or entity. Lessons must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.

(5) Photographs included in a Listing should depict the Lessons as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party.

(6) We may from time to time provide or facilitate services to Vendors to create or improve the quality of their Lessons listings. We also may from time to time create new, or otherwise change, the location or geographic descriptions we use to identify Lessons in their listings and search results. Consequently, we may change the location or geographic description associated with any Lessons listing. However, we assume no responsibility to verify Lessons listing content or the accuracy of the location. Vendors are solely responsible for ensuring the accuracy of Lesson content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy.

(7) If any Lessons is in breach of these memberships Terms, zSwim reserves the right to suspend, down-tier or terminate the relevant lessons or all Listings associated with the Vendor in accordance with clause 12 of these Vendor Ts&Cs.

 

5. Listing Details and Services

(1) In a standard Listing, one (1) lessons booking is displayed. If the Vendor selects to display “Multi lessons”, such Multi Unit Listings shall be at the same physical address as part of the Listing.

(2) In a standard Listing, up to twenty-four (24) photos of lessons may be displayed. A cut-down version of the lessons is shown on the site as a search snippet, in the form of a preview with a picture of the lessons, centre, linked to the full-page Listing.

(3) In addition, a search summary snippet (either with or without a picture of the Lessons) and linked to the full-page Listing (with or without machine-translated text) may appear on the websites of affiliates of zSwim (including affiliates in other countries) (collectively, “zSwim Affiliates”). The availability of search snippets, and the inclusion of lessons photos in them, on such zSwim Affiliate websites is dependent on the availability of the relevant functionality on those websites. The Vendor acknowledges that these search summary snippets may appear very low in the search hierarchy of the relevant websites. Should the Vendor wish to improve the prominence of such search summary snippets, it is necessary for the Vendor to purchase an International Upgrade, as provided in Clause 6 below.

(4) lessons search snippets are searched and displayed based on zSwim’s sort algorithm. Customers can also search Lessons according to various criteria, such as:

  • The average review score
  • The number of reviews
  • The pricing
  • Special offers.

(5) zSwim offers the possibility to link lessons to Google Maps. In order to do so, the Vendor must confirm that the address indicated for the relevant Lessons is correct on the Vendor’s dashboard, and must separately agree to Google’s relevant terms and conditions. The Vendor accepts that Google Maps is provided under Google’s terms and conditions and zSwim will not be responsible for the functioning, accuracy or otherwise of Google Maps. The Vendor acknowledges and accepts that the Google Maps’ service is not error free and the Vender will ensure that the correct location of the Lesson is shown by Google Maps when using this service.

(6) zSwim also uses Google Analytics to gather statistics on site usage. There are more details in the Privacy Policy and Cookie Notice and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. Vendor accepts that zSwim Group has no control over Google’s data collection.

(7) If the Vendor has its own website upon which lessons or lesson units available for booking appear (a “Vendor Website”), the Vendor may place links from each lessons to the Vendor Website, on condition that at all times lessons available through Listings on the site represent at least 50% of the total number of lessons available for booking on or through, including by means of advertising placed on or sites directly or indirectly linked to, the Vendor Website. If zSwim finds that the requirements of this sub-Clause have been breached, zSwim will be entitled to remove any link or reference to a Vendor Website from each lesson immediately, and notify the Vendor by email that this has been done.

 

6. The Dashboard, Online Payments & Bookings, Internet Fraud Guarantee, Guestbook and Customer Reviews

(1) Upon registration, a Vendor is given a user profile in which the data he contributes is recorded and in which all the lessons offered by that Vendor are specified (the “Dashboard”).

(2) The Dashboard provide various functions which are intended to assist Vendors to manage their Lessons through the site; these functions, and the Dashboard itself, are made available on an “as is” basis, and zSwim does not undertake that the Dashboard or its functions will be complete or error-free.

(3) In the Dashboard, the Vendor can register for the “online payment” service which enables customers to make payments to the Vendor via an online payments gateway offered by our third party payment provider, PayPal / SagePay. The online payments service is subject to the terms and conditions of PayPal / SagePay, and Vendor accepts that zSwim Group has no control over nor any responsibility for PayPal’s / SagePay’s services and will not be responsible for i. Vendor can also choose the “online booking” service which includes not only the “online payment” service (as described above), but which also provides the ability for Customers to make online booking for a Swimming Lessons.

(4) Through the Dashboard, the Vendor has access to Customer’s Reviews for the Vendor’s Swimming Lessons.

(5) Customers may also post their own reviews of Vendors’ Swimming Lessons (“Customer Reviews”) on the site. The Vendor is given the opportunity to view Customer Reviews, and to respond to them (an “Vendor Response”) . Please note that zSwim does not, and does not realistically have the ability to, verify the accuracy or otherwise of Customer Reviews. The Vendor’s sole remedy, and zSwim’s sole obligation, in the event that an Vendor disputes any aspect of a Customer Review is to permit the Vendor to post an Vendor Response to it.

(6) zSwim requires all Customer Reviews, Vendor Responses and other communications to conform to the Content Guidelines, and may decline to post any of them that zSwim finds does not do so. In the event that any Customer Review or Vendor Response 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 Reviews and Vendor Responses.

 

 7. Enquiries and messages

(1) Enquiries sent using the zSwim system are available for review by the zSwim member who originally sent it and to a limited number of zSwim Group customer service employees, who may be asked by Customers or others for their past enquiry information. zSwim Group also monitors messages from time to time which are sent using zSwim platform or systems. zSwim may, from time to time, use third party e-mail servers to send and track receipt of emails, and analyse the pattern of emails sent using third party tracking systems. zSwim’s system does not hold messages indefinitely and they may not be accessible after the message has been delivered. Any email addresses included within the conversation/open text of enquiries sent by Customers or in messages sent using zSwim platforms or systems will be removed and replaced with ————-@.—.—.

Vendors should print a copy of any message which is important – for example a payment receipt or a booking confirmation.

(2) zSwim has no responsibility for, or involvement in, the communications between the Vendor and Customer.

 

9. Additional Paid Services

zSwim makes available, and may from time to time add to or remove, additional paid-for-services that Vendor decide to take (“Additional Paid Services”). The Additional Paid Services currently include:

(1) The “Multi Unit Listing” service, which enables an Vendor of a particular lesson with multiple booking units to advertise them up to four (4) additional paid lesson in a common Lessons. All such units must be at the same address, and part of the same living unit.

(2) The “International Upgrade” service, under which the Vendor’s Lessons are also advertised on the relevant site(s) of zSwim Affiliates. The service will run offers for individual countries or in packages for all countries e.g. in Europe (European bundle), UK (UK bundle) or worldwide (Global bundle) in which zSwim or zSwim Affiliates have services.

(3) If a zSwim member subscribes to the “Featured Listing” service, the lesson photo linked to the full Lessons details page of the Listing will additionally be shown in the rotation list above the search results. Note that the regularity with which a Featured Listing appears depends upon the number of other lesson Listings that have bought this additional service; the greater the number of such Listings, the lesser the regularity of their appearance.

(4) The Vendor may agree to have Lessons entered in zSwim’s “Special Categories”. The Listing in each Special Category is normally highlighted by its own icon which should appear on all search snippets for Lessons which have been subscribed for the relevant Special Category. These Lessons are shown above Lessons that have similar characteristics but which have not subscribed for the appropriate Special Category.

(5) Instead of translation through Google Translate, zSwim also provides the possibility of having the Listing translated by a professional translation agency. Please enquire for further details.

(6) More information about Additional Paid Services can be found on Site. Each Additional Paid Service may be subject to additional terms and conditions which will be available to the Vendor at the time when the Vendor agrees to take the relevant Additional Paid Service.

 

10. Users’ Personal Information; No Spam.

(1) We do not tolerate spam or unsolicited commercial electronic communications of any kind. You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for:
a.  Site-related communications that are not unsolicited commercial messages,
b.  using services offered through the Site, and
c.  enquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as responding to a booking enquiry or charging a personal credit card).

(2) Any other purpose, including (i) disclosure to a third party, or (i) adding a user to your mailing list will require the express permission from the user.

(3) 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.

 

11. Prohibitions

(1) The Vendor 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 communications with Customers 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 lessons bookings adverts, or any subset of the same or which is in the business of providing Swimming lesson bookings 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 Vendor 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 lessons 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 any content 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, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
  • Refer to zSwim or any zSwim Affiliate in any way that might lead someone to believe that the Vendor, any Swimming Lessons, Listing or website is sponsored by, affiliated with, or endorsed by zSwim or any zSwim Affiliate; or
  • Substitute a Swimming Lessons in a Listing for another Swimming Lessons without the prior consent of zSwim. Prohibited substitution activities include:
    1. multi-unit listing: use of one Listing to promote more than one Swimming available in a building;
    2. Substitution: changing the Swimming Lessons which is displayed in a Listing as that Swimming Lessons becomes booked; and
    3. Leeching: offering a Customer who enquires through the Site a different Swimming Lessons than the one which is displayed in the relevant Listing.

 

(2) In the event of any breach of this clause by an Vendor, zSwim reserves the right to suspend, down-tier or terminate the relevant Lessons or all Listings associated with the Vendor in accordance with clause 12 of these Vendor Ts&Cs.

 

12. Termination

If zSwim determines, or an allegation is made, that:

  1. Lessons or other content associated with an Vendor contain any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity;
  2. an Vendor has submitted unsuitable material to, or misused, the site;
  3. an Vendor’s listing or Swimming Lessons practices are unacceptable or unfair (for example, and without limitation, if an Vendor double-books a Swimming Lessons for multiple customers on the same date, or engages in any practice that would be considered unfair or improper within the Swimming lessons booking industry);
  4. the Vendor is in material breach of these Vendor Ts&Cs (which shall include, for the avoidance of doubt, any breach of clause 4 ‘Membership Terms’ or clause 11 ‘Prohibitions’) any other obligations owed to zSwim, any zSwim Affiliate or Customer;
  5. an Vendor has been is abusive or offensive to any employee or representative of zSwim;
  6. an Vendor uses a false identity;
  7. zSwim’s systems or communications platforms have been otherwise misused; or
  8. anything similar to the foregoing has occurred in relation to any of zSwim Affiliates,

then zSwim shall be entitled to, at its sole discretion, (i) suspend, (ii) down-tier, or (iii) terminate either (a) any affected Lessons, or (b) all Lessons associated with that Vendor (including, for the avoidance of doubt, any Additional Paid Services relating to those lessons) immediately and without refund of Lessons Fees or any other fees or charges paid by the Vendor.

Note that zSwim assumes no duty to investigate complaints.

 

13. Rights and obligations of zSwim

(1) zSwim may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.

(2) zSwim shall use commercially reasonable efforts to ensure that Swimming Lessons depictions on the site are as true and accurate a representation as practicable of the photographs of their Lessons centre that
Vendor have submitted to zSwim. However, Vendor acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.

(3) zSwim may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. zSwim will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Customers usage is least affected.

(4) zSwim may conduct identity checks and ask for proof to establish the existence of a Swimming lessons and/or an Vendor and ownership. If zSwim – including as a result of information provided by Customers – suspects that the Vendor has supplied false information, the Vendor acknowledges that zSwim is entitled to carry out identity checks on the Vendor or to prove the existence of a Swimming lessons; if requested to do so, the Vendor agrees promptly (and in any event within any period requested by zSwim) to supply to zSwim such proof of identity or of a Swimming Lessons existence as zSwim requests. Each Vendor acknowledges that failure to comply with any such request constitutes a breach of these Vendor Ts&Cs.

(5) zSwim complies with its Privacy Policy. The Vendor authorises zSwim to forward the Vendor’s contact details, including telephone number, to Customers in connection with a Swimming Lessons booking. The Privacy Policy provides further details. zSwim may where necessary (including to prevent fraudulent behaviour of a third party) give an Vendor`s phone number to a Customer. The Vendor accepts that it has read the site’s Privacy Policy and Cookie Notice and consents to the processing of data as outlined in those policies.

 

14. Copyright

(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) Vendor 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”.

 

15. Further rights and obligations of the Vender

(1) The Vendor shall submit truthful particulars about his/her personal identity, payment data, Swimming Lessons offered in Listings and other communications using zSwim Group systems.

(2) Vendors are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access for example over a network. Vendors should use a password which is unique to their use the Site – they must not use the same password as is used for another site or email account. zSwim will never ask Vendors to disclose this data. If Vendors are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify zSwim of the situation by email to zSwim Help. Should any Vendors notice that their account is being used by an unauthorised third party, they should immediately report the matter to zSwim by email to zSwim Help and change their password.

(3) The Vendor shall be responsible for all charges relating to the Swimming Lessons and the Listings, and shall account to the relevant authorities for all applicable taxes (including, where relevant, VAT) on the payments they receive.

(4) If the Vendors is VAT registered in the country which is based in an EU member state, it must provide zSwim with the valid VAT number. This number has to be validated by VIES http://ec.europa.eu/taxation_customs/vies/. zSwim will then apply reverse charge mechanism to the Vendors, under Art. 196 of Directive 2006/112/EC relating to the reverse charge mechanism. Where Art. 196 applies the Vendor’s invoice will not include any VAT. You may be required to account for VAT in your local Member State. Vendor shall provide the valid VAT number immediately, however no later than thirty (30) days after registration. If the VAT number is provided after thirty (30) days, zSwim will not refund any VAT amount. The reverse charge mechanism does not apply when the Vendor is based in United Kingdom, UK VAT will be charged in that case.

(5) zSwim reserves the right to transfer these Vendor Ts&Cs, and to assign or subcontract any or all of its rights and obligations under these Vendor Ts&Cs, to a third party but will not do so in such a way as to reduce any guarantees given to the Vendor under these Vendor Ts&Cs.

 

16. User rights to content

(1) Where an Vendor submits to or transmits through the site or zSwim’s platform or systems any content of any type, including text or images, the Vendor undertakes that it has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or Vendor’s of featured items (lessons release’).

(2) To the extent that Vendors’ Lessons/Listing and other submissions may contain trademarks, Vendor warrant that they have the right to use them, including sub-licensing rights.

(3) By submitting any form of content to the site, the Vendor authorises zSwim and each of its zSwim Affiliates to reproduce in whole or in part, display and disseminate the content in connection with the performance of these zSwim Ts&Cs and in the promotion of the Site.

 

17. Indemnification

Vendor agrees to defend, indemnify and hold harmless zSwim and each zSwim Affiliate, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against zSwim or any zSwim Affiliate alleging or arising out of or in connection from (a) any content or material the Vendor submits or provides for inclusion on the Site; (b) any use by the Vendor of the Site; and (c) any breach of these Vendor Ts&Cs on the part of the Vendor.

 

18. Contacting us

(1) Any messages should be sent to zSwim using the contact form or zSwim’s platform or by post.

(2) Notices regarding infringements of copyright must specify the following:

  1. Your address, telephone number and email;
  2. Detailed information about the content concerned (display of the image or text), including a link to the site; and
  3. A formal declaration showing that you;
    1. Are the holder of the exclusive user right to the work;
    2. Have not authorised the use of the relevant material in this form.

 

19. zSwim’s limited liability

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, 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, or you do not agree with any part of these Vendor Ts & Cs, then your sole and exclusive remedy against zSwim is to discontinue using the site. In all events, our liability, and the liability of zSwim Group, to you or any third party in any circumstance arising out of or in connection with the site is limited to the greater of (a) the amount of fees you pay to us in the six months prior Vendor 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.

 

20. General
(1) These Vendor Ts&Cs are governed by the laws of England and Wales. Jurisdiction for any claims arising under this agreement shall lie exclusively with the English courts. If any provision of the Vendor Ts&Cs are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Vendor Ts&Cs, which shall remain in full force and effect. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Vendor Ts&Cs. No waiver of any term of the Vendor Ts&Cs shall be deemed a further or continuing waiver of such term or any other term. In addition, zSwim’s failure to enforce any term of the Vendor Ts&Cs shall not be deemed as a waiver of such term or otherwise affect zSwim’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of the Site including the Privacy Policy, the Vendor Ts&Cs constitute the entire agreement between Vender and zSwim with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page.

(2) zSwim recommends that the Vendor saves his/her own copy of these Vendor Ts&Cs in a separate file on its PC or in print-out form.

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