TERMS AND CONDITIONS
SWIMFORMATION LIMITED
TERMS AND CONDITIONS
Terms and Conditions
These Terms and Conditions govern your use of Swimformation Limited's ("Swimformation") programmes. These can be accessed either directly through Swimformation's website (www.swimformation.com which will be available in March 2006) or through Swimming New Zealand's ("SNZ") website on its website pages called Swim Fitness Programs (www.swimmingnz.org.nz). While it appears, when accessing the Swim Fitness Program's pages that you are on the SNZ site, you are actually on a server controlled by Swimformation. Your access and use of the Swimformation programs through either site is an acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions do not use the Swimformation service.
Swimformation Limited/Swimming New Zealand
Swimformation is the owner of the intellectual property in the Swimformation services. It has an agreement with SNZ to allow potential subscribers to access the services through the SNZ website. Swimformation, and not SNZ, is responsible for the content and application of the service pursuant to these Terms and Conditions.
If you register for the Swimformation service through either site you will become a recreational member of SNZ at no charge. You will receive the same services and benefits as existing recreational members. To deliver recreational member services, which are described on the SNZ website, SNZ will contact you from time to time. You are encouraged to acquaint yourself with the implications of becoming a recreational member of SNZ.
The Intellectual Property Rights
The Swimformation content and information on both websites are owned by Swimformation notwithstanding that on the SNZ website they carry SNZ's “look & feel”. The ownership including all intellectual property, copyright, text, logos, images, tools, the underlying code (“the Software”) together with the entitlements to develop and benefit from the concept.
You may not change, copy or distribute all or part of the Swimformation service either in original or modified form and/or derive a financial and/or a commercial benefit from the Swimformation concept, content or Software in any way whatsoever.
You may download one and one only copy of each programme created by the Swimformation programme provided each is not reproduced and/or distributed to any other person or organisation.
Any breach of Swimformation’ intellectual property rights will result in immediate termination of the Swimformation services and may lead to a claim against you.
Your Health
The Swimformation services are created by mathematical formulae using information you supply. Swimformation accepts the information you supply and has no means of verifying that information. If you are aware of any health issues that maybe affected by exercise and/or you do not already exercise regularly Swimformation recommends that you consult a health professional before using the Swimformation services.
The Swimformation pages on the SNZ websites use your information to create personalised swim training programmes. These programmes can be created for 8 days with a maximum of 2 per day (your Schedule). Your personal log records the programmes you have created and completed (your Personal Log). A summary of your seasonal activity is compiled from the completed programmes (your Seasonal Analysis). You are able to create training programmes using Swimformation technology, modify these programmes and you are asked to provide feedback after a programme has either been swum or abandoned.
These services are personal to you. Swimformation provides this service but you are responsible for both determining the suitability for you and the decision to use the programmes.
Registration, Subscription and Charges
If you register for the Swimformation service by entry through either website, we need certain personally identifiable information. You must provide contact information such as name and email address, and financial information for some Swimformation services such as credit card number and expiration date. Swimformation will use this information for billing purposes. If we have trouble processing your registration we will use this information to contact you. Please see the Swimformation Website Privacy Statement for more information about the collection and use of information.
Registration – New Zealand Residents
The Swimformation service by entry through the SNZ website is only for New Zealand residents. The Swimformation service is intended to be offered through specific organisations in other countries through Swimformation's website at www.swimformation.com. Swimformation will, as set out in its Website Privacy Statement be providing to SNZ the contact details of New Zealand residents who subscribe for the service through www.swimformation.com .
Based upon the personally identifiable information you provide, Swimformation may send you a welcoming email to verify your username and password. Swimformation will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. Usually, Swimformation will communicate with you by email.
Full-Feature Service
Swimformation offers a number of fixed price plans for 1 month, 6 months, 1 year and 2 years. Both the price and the length of the commitment maybe altered at any time and new price plans may be offered from time to time. Any prices changes will not be retrospective in that they will not apply to any users who have registered and paid. The prices on the SNZ website are in New Zealand dollars.
While you may unsubscribe at anytime the plan you subscribed for is a commitment to a fixed term and there will be no refund for any unexpired period.
One-Click Session and Other Special Offers
From time to time Swimformation will offer its services at discounted rates and may offer services with reduced functionality. The SNZ website will carry a Free Introductory Offer which will generate single programmes but will not have other functions such as the ability to modify programmes, create a Personal Log, Seasonal Analysis or Weekly Schedule.
Special offers including introductory and free offers maybe either modified or withdrawn at any time without prior notice. Free offers maybe be withdrawn or a price maybe set. Subscribers to a free offer that later incurs a charge for future programmes and other services may either pay the charge or unsubscribe without penalty.
Termination
These Terms and Conditions can be terminated by either party at any time.
You can terminate by unsubscribing or by not renewing your subscription at the end of its term. There will be no refund for any unexpired portion of the plan for which you subscribe except if a registered medical practitioner confirms in writing that you have developed a condition that would mean continuing to use the Swimformation services could be harmful to your health.
Swimformation will terminate this agreement at its sole discretion if you fail to comply with these Terms and Conditions or if Swimformation decides your use of the Swimformation services could be detrimental to Swimformation and/or its services.
Security
The security of your personal information is important. When you enter sensitive information such as credit card number on our registration page, we encrypt that information using industry standard secure socket layer technology.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot and do not guarantee its absolute security.
Disclaimer
Swimformation provides its services without any warranties whether expressed or implied including the availability of the services at any particular time, the speed of delivery, the suitability of the programmes for you, or any guarantees as to results you may expect to achieve.
Swimformation has made every reasonable effort to provide an accurate description of its services but makes no warranty in respect of the accuracy, completeness or consistency of the information on the web pages it provides.
Limitation of Liability
Under no circumstances shall Swimformation be liable for and special or consequential damages that result from your use of the Swimformation services. Swimformation’s total liability, if any, for all losses, damages, costs and expenses under whatever cause of action shall not exceed the amount paid to Swimformation for the use of its services for the term during which the liability for damage is alleged to have arisen.
Governing Law
The provision of the Swimformation services and the operation of these Terms and Conditions are to be governed by the laws of New Zealand.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights such as payment obligations and/or to comply with a judicial proceeding, court order, or legal process served on our website.
Changes to these Terms and Conditions
The Swimformation Terms and Conditions maybe amended form time to time. Changes will be effective and enforceable from the time any changes to these Terms and Conditions are posted on the websites. By continuing to use the Swimformation service after changes to the Terms and Conditions you are accepting the new Terms and Conditions in their entirety. It is your responsibility to ensure you are familiar with and understand the Terms and Conditions.
Contact Us
If you have any questions or suggestions regarding our Terms and Conditions, please contact us at support@swimformation.co.nz
