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Terms & Conditions for Use of this Website

Who we are and how to contact us

This site is operated by Simmetrics Limited (“Simmetrics”, “we” or “us”). We are a company incorporated and registered in England and Wales with company number 3386764 whose registered office is at Unit 11, Hove Business Centre, Fonthill Road, Hove, East Sussex BN3 6HA. Our registered VAT number is 700601008. You can contact us by emailing us using the contact form here.

By using our site, you accept these Terms

By accessing or using any part of our site, you accept these terms and conditions (“Terms”) and agree to comply with them. If you do not agree to these Terms, you must not use our site. We recommend that you print a copy of these Terms for future reference.

Terms apply to individuals

These Terms apply to you, as an individual consumer, visiting our site either as a guest, or as a prospective member or registered member of clubs and societies which have signed up with us for the purpose of providing club membership services (“Clubs”). If you are a manager or administrator of a prospective or registered Club, please go to: https://www.myclubhouse.co.uk/Home/TermsAndConditions.

There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of our site: Our Privacy Policy, as updated from time to time by Simmetrics at its sole discretion. See further below under How we may use your personal data, and the privacy policy of Swim Out Orlando here.

We may make changes to these Terms

We amend these Terms from time to time. Every time you wish to use our site, please check these Terms to ensure you understand the Terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time.

We may suspend or withdraw our site

Our site is made available free of charge to individual users (different terms apply to our Clubs). If you are a registered member of a Club, your membership or subscription fee may include access to the membership sections of our site.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Term and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures and/or as part of the security procedures of Swim Out Orlando, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us or our member clubs, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Swim Out Orlando.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Swim Out Orlando's status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on our site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

Our site may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users please contact Swim Out Orlando using the contact form here.

Our responsibility for loss or damage suffered by you

How we may use your personal data

We will only use your personal data as set out in our Privacy Policy, as updated from time to time by us at our sole discretion, and the privacy policy of Swim Out Orlando.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content or post material to our site, or to make contact with other users of our site, you must ensure that all such contributions are compliant with applicable law and that they do not breach any intellectual property, privacy or confidentiality rights of a third party, or any legal or contractual duty owed to a third party.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and your Club a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or confidentiality rights.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with these Terms or otherwise within our complete discretion.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

We are not responsible for viruses and you must not introduce them or use the site for unlawful or malicious purposes

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly accessing, storing, distributing, transmitting or introducing viruses, trojans, worms, logic bombs or other material that:

  1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  2. facilitates illegal activity;
  3. depicts sexually explicit images;
  4. promotes unlawful violence;
  5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
  6. in a manner that is otherwise illegal or causes damage or injury to any person or property;

You must not attempt to gain unauthorised access to our site, the server on which our site are stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We reserve the right, without liability or prejudice to our other rights against you, to disable your access to any material that breaches the provisions of this section.

Rules about linking to our site

You may link to any page on our site that is publicly accessible, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, except where we have given you permission for this.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with these Terms.

If you wish to link to or make any use of content on our site other than that set out above, please contact us using the contact form here.

Which country's laws apply to any disputes?

Please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

Our trade marks

SIMMETRICS and MYCLUBHOUSE are our trade marks. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

1st October 2020