Terms & Conditions
Elite Coach Pte. Ltd. & Swim to Fly® TERMS & CONDITIONS
TERMS AND CONDITIONS
Swim to Fly® by Christian Anseaume is a proven swimming method and trademark T14137442, registered under the Intellectual Property Office of Singapore – IPOS. All rights are reserved. The method belongs solely to the founder Christian Anseaume of Elite Coach Pte. Ltd. All content and videos instructions are copyrighted and constitute trade secrets and inventions and that any party shall neither disclose nor make use of the same for their own purposes unless having an official agreement signed by the owner of the method (Christian Anseaume of Elite Coach Pte. Ltd.)
In this Conditions the following expressions have the meanings assigned to them respectively:
Swim to Fly® means Elite Coach Pte. Ltd. (Reg. 201133599R)
"Conditions" means the terms and conditions outlined herein including any additions or variations of these Terms and Conditions made by Swim to Fly®
"Customer" means any person to whom the Swim to Fly® sells or supplies a product
"Intellectual Property" includes confidential information, copyright, trademarks, patents, designs and digital products including ebooks, pdf downloads, resource material, videos and online content of the method pack;
"Order" means an Order placed by a customer for the purchase of goods from Swim to Fly®
"Payment Method" means the payment details nominating the account of process by which a customer agrees to pay for any Product;
"Product" means any items including mobile application lessons, method packs, goods, services, digital Products, ebooks, pdf downloads, resource material, online content etc. sold by Swim to Fly® to the Customer through an Order;
"Site" means the website with address http://www.swimtofly.com/ including all landing pages and subpages of the website;
"We" refers to Swim to Fly®; and
"You" refers to a Customer;
i. This Swim to Fly® Site at http://www.swimtofly.com is a Site that you can select, Order and access Products advertised by Swim to Fly®
ii. The purchase of all digital Products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All Customers are advised to review these Conditions carefully before placing any Order, accessing, browsing or using the Site.
iii. You agree that we will charge you for any Product ordered through your account.
iv. You are liable and responsible for any person who uses your account to place Orders through the Site.
v. You should be mindful of any request for credit card or account information. Providing information to these types of requests can result in identity theft.
vi. Swim to Fly® reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
vii. You are responsible for any costs associated with accessing the Site.
3.1 Agreement to these Conditions:
i By placing an Order with Swim to Fly®, you warrant that you are at least 18 years old or have your parents' or guardian's permission to buy from Swim to Fly®.
ii By accessing, browsing, using or placing an Order through this Site, you accept and agree to be legally bound by these Conditions, Disclaimers. These Conditions will apply to all Orders placed or to be placed with the Swim to Fly® for the sale and supply of the Products.
iii By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to these Conditions.
i. Prior to placing an Order, you must create an account though the Site.
ii. Any information that you provide in this Account Creation process will be held and used by us solely for the account creation only.
iii. Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person. You may update or cancel your account at any time through the Site.
iv. All information provided to us in the Account Creation process must be true and correct.
v. A Customer must not have more than one active account at any time.
vi. Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.
vii. You must notify us of any changes to your personal information or Payment Method which was provided by you in the Account Creation process.
viii. If you suspect or become aware that your account has been accessed without authorisation or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting _______________.
5.1 Intangible Product Licences:
i Many of our Products are intangible and may come in the form of ebooks, PDF downloads, resource material, videos or online content. All of these Products are subject to copyright protection.
ii These intangible Products remain the property of Elite Coach Pte. Ltd. And Swim to Fly®. Once an order has been completed and a Customer has discharged their obligations to pay for the Product, Swim to Fly® grants to the Customer a single Licence to use the Product subject to these Conditions.
iii Intangible Products are the subject of a license to the Consumer and not sold to the Consumer. The Consumer has no right to lend, copy, distribute, share, lease, edit, or sell, modify, create derivative works of the Product, transfer or trade the Product in any form. Swim to Fly® may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital Products to protect our Products.
6.1 Purchase Charges:
i All Orders are considered final at the time of placement. Orders are charged in Singapore Dollars. Please check your details carefully before submitted your Order. Upon the completed transaction of the purchase of any Product, there will be strictly no refunds.
i All lessons must be practiced and trained at shallow pool first with compulsory safe swimmer adult/lifeguard supervision for safety purposes.
ii All Swim to Fly® method Products are meant for learners to achieve basic swimming skills.
iii Elite Coach Pte. Ltd. And Swim to Fly® will not be held responsible or liable for any accidents, mishaps during any use or misuse of the method.
8.1 Changes to these Conditions:
i. We reserve the right to modify these Conditions at any time. Please review these Conditions frequently and before placing an Order. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to these Conditions, we will notify you here that it has been updated.
ii. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell Products to you.
9.1 Governing Law:
i. These Conditions will be construed and will take effect according to the laws of the Republic of Singapore and the respective rights, liabilities and obligations of the parties will be governed by the law of the Republic of Singapore.
ii. The Customer and Swim to Fly® agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore
iii. If you are entitled to any rights, remedies or claims under the Republic of Singapore Consumer Law then these rights, remedies or claims arise independently of these Conditions and will not apply to any rights, remedies or claims that you may have under the Republic of Singapore Consumer Law.
10.1 Cancellation and Termination:
i. Account and Orders
ii. We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right.
iii. If we suspect that a transaction has occurred that may be illegal or in breach of these Conditions, we may contact you to confirm your payment and personal details. If we are unable to contact you we may cancel your Order without further notice.
iv. If you wish to terminate your account or cancel an order, please contact us immediately by email at email@example.com. Once an order has been accepted and your payment has been processed, cancellation of the order is within our sole discretion.
i. If any court or other competent authority declares any part of these Conditions unenforceable or if these Conditions would, if any part were not omitted, be unenforceable then:
ii. That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and
iii. The parties must attempt to renegotiate that part in good faith.
i. You agree that we will charge you for any Product ordered through your account.
ii. You are liable and responsible for any person who uses your account to place Orders through the Site.
iii. You should be mindful of any request for credit card or account information. Providing information to these types of requests can result in identity theft.
iv. Swim to Fly® reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
v. You are responsible for any costs associated with accessing the Site.
13.1 Site Conditions of Use:
You must not:
i. Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the Site or transfer any part of the Site or any content contained on the Site;
ii. Do anything that may place an unreasonably or disproportionality large load on the Site. You must not do anything that disrupts the functions or connected networks of the Site;
iii. Make any modifications to the Site without proper authorisation in writing from Swim to Fly®;
iv. Test, scan or circumvent the security of the Site;
v. Use the Site or any content in any way which breaches the rights of Swim to Fly® or any third party;
vi. Use the account of another Customer or impersonate another Customer when using this Site;
vii. Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the Site for any reason; and
viii. Use any method to autonomously create accounts by any means under fraudulent pretences.
SAFETY INFORMATION AND INDEMNITY
If you have any concerns or questions regarding your health, you should always contact your doctor. If you experience faintness, dizziness, pain or shortness of breath at any time you must stop the activity immediately and contact your doctor before resuming.
The content of our Site is not intended to replace or be a substitute for actual swimming lessons. All content of our Site has been created for information purposes only.
You must be in good physical condition before using any of our Products.
All Products/lessons must be practiced and trained at shallow pool first with compulsory safe swimmer adult/lifeguard supervision for safety purposes.
All Swim to Fly® method Products are meant for learners to achieve basic swimming skills.
Before using our Product, you acknowledge and agree that by participating in the lessons, there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk.
Subject to any rights granted by the Republic of Singapore Consumer law, you agree to discharge Swim to Fly® by Elite Coach Pte. Ltd. of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by the law of the State where negligent or otherwise.
You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs that may be incurred or suffered as a result of any breach of these Conditions by you or any third part damage caused as a result or in connection with any breach by you of these conditions.
You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our Products.
We guarantee fast results and improvement of skills for students who are patient in learning, consistent in practicing and committed to following ALL the steps properly.
All the content or other materials available on the app, including but not limited to Swim to Fly® code, images, illustrations, designs, layout, arrangements, displays, icons, audio, video and pdf files are the property of Swim to Fly® and are protected by copyright. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer content from the Website, nor may you modify or create derivative works of such content without mentioning the Swim to Fly® brand or without the prior written permission of Swim to Fly®.
The logos, names and graphics on the Website may be trademarks of Swim to Fly®. Use, reproduction, copying or redistribution of Swim to Fly® trademarks, without mentioning the Swim to Fly® brand or without the prior written permission of Swim to Fly® is prohibited.