SwimtoFly® Terms & Conditions

SwimtoFly® is a proven swimming method and trademark No 40201722888Y, registered under the Intellectual Property Office of Singapore – IPOS. All rights are reserved. The method belongs solely to the founder and to the company SwimtoFly 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.

1.1 Interpretation:

In this Conditions the following expressions have the meanings assigned to them respectively:

"Conditions" means the terms and conditions outlined herein including any additions or variations of these Terms and Conditions made by SwimtoFly®

"Customer" means any person to whom SwimtoFly® 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 SwimtoFly®

"Payment Method" means the payment details nominating the account or 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 SwimtoFly® 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 SwimtoFly®; and

"You" refers to a Customer;

2.1 General:

i.     This SwimtoFly® Site at http://www.swimtofly.com is a Site where you can select, place an Order and access Products advertised by SwimtoFly®

ii.    You agree that we will charge you for any Product ordered through your account.

iii.   You are liable and responsible for any person who uses your account to place Orders through the Site.

iv.   SwimtoFly® reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings.

vi.   You are responsible for any costs associated with accessing the Site.

3.1 Agreement to these Conditions:

i.      By placing an Order with SwimtoFly®, you warrant that you are at least 18 years old or have your parents' or guardian's permission to buy from SwimtoFly®.

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 SwimtoFly® 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.

4.1 Account:

 i.    Prior to placing an Order, you must create an account though the Site (”Account Creation”).

ii.    Any information that you provide in this Account Creation process will be held and used by us solely for the Account Creation.

iii.   Accounts can only be created for individuals and are created for the individual named in the Account Creation process 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 authorization or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting us at the following e-mail address: contact@swimtofly.com

5.1 Intangible Product Licenses:

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 SwimtoFly Pte Ltd

Once an order has been completed and a Customer has discharged their obligations to pay for the Product, SwimtoFly® grants to the Customer a single License 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. SwimtoFly® 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.

7.1. Disclaimers:

i.        All lessons must be practiced and trained at shallow pool first with compulsory safe swimmer adult/lifeguard supervision for safety purposes.

ii.       All SwimtoFly® method Products are meant for learners to achieve basic swimming skills.

iii.      SwimtoFly® 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 on this application that it has been updated.

ii.      If our business is acquired by or merged with another business, your information may be transferred to the new owners.

9.1 Cancellation and Termination of Accounts and Orders:

i.       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.

ii.       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.

iii.     If you wish to terminate your account or cancel an order, please contact us immediately by email at to contact@swimtofly.com. Once an order has been accepted and your payment has been processed, cancellation of the order is within our sole discretion.

10.1 Severability:

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:

a. That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions are construed as if that part were not contained in these Conditions; and

b. The parties must attempt to renegotiate that part in good faith.

11.1 General:

   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 are responsible for any costs associated with accessing the Site.

12.1 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 authorization in writing from SwimtoFly®;

   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 SwimtoFly® 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 pretenses.

 13.1 Personal Data related Clause

The Customer consents that SwimtoFly® may store, transfer, change and delete all personal data in connection with the services and products provided. In particular, the Customer consents to the transfer of personal data to an affiliated company of SwimtoFly® outside Singapore. SwimtoFly® agree to keep all personal data of the Employee strictly confidential.

14.1 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 SwimtoFly® 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 these Conditions will not apply to any rights, remedies or claims that you may have under the Republic of Singapore Consumer Law.