Swim Manager Standard Terms & Conditions

Definitions

Club The swimming club that has entered into an agreement with Swim Manager for the provision of Swimming Club Software subject to these Terms & Conditions

Agreement An agreement between the Club and Swim Manager for the provision of Swimming Club Software.

Terms This document

Service: The Swim Manager software accessed via our web site

Data Migration

Swim Manager will import data provided by the Club into the system and assist with system configuration, however we do not have in depth knowledge of the Club and therefore we are not able to make judgements and clean up the data – we will import the data that is provided.

Rights

The Club has sole responsibility for the accuracy and reliability of their data. The Club retains ownership of all intellectual property rights in the data (such as the Club logo). We reserve the right to disclose your data to law enforcement officials if required to by law but otherwise we will only use your data to provide the service.

All copyright, database rights, trade marks and other intellectual property rights in the Swim Manager service are either owned by or licensed to us and nothing in this agreement shall transfer any ownership rights to the Club.

Security and Data Protection

The Club is ultimately responsible for administering and safeguarding any passwords created to control access to its Swim Manager system. Please keep passwords secure and remove members when they leave your Club. Any personal information made available by the Club to Swim Manager will be used by Swim Manager in accordance with the Swim Manager’s privacy policy which is available at http://swimmanager.co.uk/swim-manager-privacy-policy. The Club shall ensure that it has all necessary appro-priate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Act 1998 or 2018) to Swim Manager for the duration and purposes of this Agreement. The Club generally consents to Swim Manager appointing any third party processor of Personal Data under this agreement.

Disclaimer

We make no guarantee that the Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access the Service. We will try to keep disruptions to a minimum but we may suspend the Service from time to time to carry out maintenance and support work and to investigate unauthorised use.

You use the Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Service (even if we have been advised of their possibility.)

Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to the Service (or to our website generally) shall not exceed an amount equal to the Service Fees which the Club has paid to us in the previous month.

General

We reserve the right to change these Terms from time to time and therefore we may impose new or different terms and conditions on your use of the Service. These additional terms will be posted on our website and will be effective from the Club’s next monthly subscription. Your continued use of the Service will be deemed to constitute acceptance by the Club of all of the new terms. These Terms may not otherwise be changed without our written consent.

We shall be entitled to transfer our rights and/or obligations under these Terms to another party. Neither you nor the Club may transfer any of your rights or obligations under these Terms without our written consent.

If either you or we ignore any breach of these Terms, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms turn out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the Agreement will still be binding.

This Agreement is governed by and to be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the courts of England & Wales.