DuoSwim is a swimming app that provides users with workouts and competition specific training plans that are designed by Olympic standard coaches. DuoSwim is a leading provider of sports technology for swimmers, ironman and triathlete competitors.
The following terms and conditions (collectively, these "Terms and Conditions") apply to your use of www.duoswim.com and the DuoSwim App, including any content, functionality and services offered on or via www.duoswim.com (the"Website") and the DuoSwim App (the “App”).
Please read the Terms and Conditions carefully before you start using DuoSwim, because by using the Website and the App you accept and agree to be bound and abide by these Terms and Conditions.
These Terms and Conditions are effective as of 01/01/2019. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and App and these Terms and Conditions from time to time and to familiarise yourself with any modifications. Your continued use of this Website and App after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
2. Conduct on Website and App
Your use of the Website and App is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website and App.
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website and App, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
- Victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- Constitutes unauthorised or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party.
- Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website and App. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
3. Intellectual Property
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Website and App is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of DuoSwim.
You are only permitted to use the content as expressly authorised by user the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website or App in any form or by any means without prior written permission from us or the specific content provider. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website or App.
4. Third Party Websites
This Website and App may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.
These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or-implied.
5. Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of DuoSwim is at your sole risk. The Website and App is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We are not liable for damages, direct or consequential, resulting from your use of the Website and App, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to solicitor's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Website and App. Because the Website and App is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
6. Term and Termination
This Terms and Conditions will become effective in relation to you when you create a DuoSwim account or when you start using the DuoSwim App and will remain effective until terminated by you or by us.
DuoSwim reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorised, or suspected unauthorised use of the Website whether in contravention of this Terms and Conditions or otherwise. If DuoSwim terminates this Terms and Conditions, or suspends your account for any of the reasons set out in this section, DuoSwim shall have no liability or responsibility to you.
DuoSwim may assign this Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.
8. Governing Law
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United Kingdom without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the courts of the United Kingdom.
A condition for opening a user account and using the DuoSwim Services is that you are at least 16 years of age and have full legal capacity.
DuoSwim is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of DuoSwim for commercial purposes of any kind is expressly prohibited.
10. Your Health
Use of the DuoSwim Services is at your own risk. In any case a condition for the use of the DuoSwim Services is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the DuoSwim Services (such as training journeys or workouts). This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures:
- cardiovascular disease,
- lung or respiratory disease (including asthma),
- spinal and/or joint problems,
- neuromuscular disease,
- surgical procedures,
- any other health issues
Before using the DuoSwim Services for the first time or while using DuoSwim, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with DuoSwim.
The services and information offered by DuoSwim and the DuoSwim Services do not constitute medical advice or a doctor’s advice. Nor are they a substitute for a medical examination or treatment by a doctor.