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1. Terms and Conditions of Site
1.1 Acceptance of Terms and Conditions
These terms and conditions must be agreed to when a person wishes to register as a client of Swimsation Swim Schools. If you do not abide by these terms and conditions then you must stop using the Swimsation Swim Schools website.
1.2 Changes of terms and conditions
Every so often these terms and conditions may be changed without notice. Any changes to the Terms and Conditions will take effect as soon as they are posted on Swimsation Swim Schools. It is the users responsibility to check the terms and conditions. Your continued use of Swimsation Swim schools represents your ongoing agreement of the terms and conditions.
1.3 Terminology
In these terms and conditions, the following expressions have the meanings set out: ??lient?? ??lients??means person or persons who have signed up to undertake a course of lessons with Swimsation Swim Schools; ??ourse????erm??refers to the block of swimming lessons booked for by the client ??ervice??refers to the booking process and lessons provided as a direct result of the booking ??ooking?? ??nrolment??refers to the process of registering for swimming lessons through Swimsation Swim Schools
2. Specific Warnings
2.1 The Services
Swimsation Swim Schools provides an online booking resource for clients to register for swimming lessons at their selected facility. The services provided at each facility (franchised and/or owner operated) are at the sole discretion of that facility and are based on the demand by clients. Swimsation Swim Schools takes no responsibility for the individual scheduling and staffing of classes at each facility. Once a booking has been made it becomes the entire responsibility of the facility for which the booking was made.
2.2 At your own risk
All transactions made through Swimsation Swim Schools are entirely at the risk of the client. Swimsation Swim Schools reserves the right to alter its pricing schedule at any time without warning.
3. Disclaimer
3.1 Swimsation Swim Schools does not guarantee uninterrupted, secure, or error free service or information on the website.
3.2 If for any reason a refund on the service is required, the refund will be at the sole discretion of the facility through which the booking was initially made.
3.3 All personal information collected is for the express use of Swimsation Swim Schools for the purposes of marketing and communications regarding the service.
3.4 Swimsation Swim Schools will send emails regarding registration and confirmation of courses, marketing and promotion of services to you. Swimsation Swim Schools may also send regular electronic newsletters to clients. Newsletters will contain clear and obvious instructions for how clients can unsubscribe from the mailing list.
3.5 responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers??own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Swimsation Swim Schools??recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
3.6 Swimsation Swim Schools has systems in place to reduce the risk of credit card fraud, Swimsation Swim Schools is not responsible for protecting members from credit card fraud. Swimsation Swim Schools??fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
3.7 Swimsation Swim Schools product pricing is correct at the time of placement on the website. All prices are in New Zealand Dollars and include GST. Product warranties and guarantees lie solely with the distributor of the products and not Swimsation Swim Schools.
4. General Provisions
4.1 System integrity
Swimsation Swim Schools will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Swimsation Swim Schools takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Swimsation Swim Schools assumes no responsibility for the corruption of any data or information held by Swimsation Swim Schools.
4.2 Force Majeure:
Swimsation Swim Schools has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Swimsation Swim Schools to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Swimsation Swim Schools.
4.3 No Waiver:
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
4.4 Partial Invalidity:
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
4.5 Governing Law:
These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
4.6 Intellectual Property Rights:
Swimsation Swim Schools (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
You may not without our prior written permission, in any form or by any means:
i. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
ii. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
4.7 Entire agreement:
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
4.8 Privacy:
Swimsation Swim Schools collects personal information about you through your use of the Services and the Website, including:
i. your booking details; and
ii. information relating to your use of the Website and the content you access.
You agree that Swimsation Swim Schools may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Swimsation Swim Schools products and Services to you, and for any other use that you authorise.
We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Swimsation Swim Schools, our users, or others.
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